‘The system is so broken’: Privacy restrictions helping alleged child abusers, says safety advocate

A privacy loophole is allowing alleged child abusers to game the working with children’s check system, a leading child safety advocate says.

The warning comes after it emerged alleged paedophile Joshua Dale Brown was able to keep his working with children check despite two internal investigations that substantiated his having “forcibly” grabbed children.

The 26-year-old former childcare worker is facing 70 charges including child sex abuse that allegedly occurred where he worked.

Child protection expert and advocate Hetty Johnston.

Child safety advocate Hetty Johnston said she knew of three individuals in Queensland who made complaints about a worker in youth care and received compensation through a redress scheme.

“He still maintained a Blue Card [Queensland’s working with children check] ... and it was because information wasn’t shared with relevant authorities,” she said. “That’s because of government restrictions around privacy.”

Johnston, is the founder of Safeguarding People Australia and previously founded Bravehearts, a charity dedicated to preventing childhood sexual abuse.

She said the alleged Queensland victims did not go to police, which is not uncommon for survivors of abuse, but each of their complaints was found credible.

Joshua Dale Brown, 26, has been accused of child sex abuse.

Johnston said that under the Northern Territory’s scheme, complaints made to police were included in the considerations undertaken for working with children checks, whereas in other jurisdictions such as Victoria and NSW only recorded convictions were taken into account.

Most sexual abuse complaints ended up on the “cutting room floor” of police stations, but that didn’t mean they shouldn’t be considered before a working with children’s check was issued, she said. The check scheme should also be able to share information nationally, and red flags would notify jurisdictions to take further action, Johnston said.

This would help prevent potentially inappropriate people from gaining a check because of bureaucratic issues.

“The system is so broken, so disjointed and dysfunctional. It’s not fit for purpose that even if someone is rejected [following a working with children check] they can … go to a civil administrative tribunal and challenge it. There is no real strength in the system to actually protect children.”

Brown was subject to two internal investigations while he worked at G8 childcare centres for “forcibly” grabbing children. The incidents were substantiated, and he was also reported to the Department of Education and Victoria’s Commission for Children and Young People.

Police were notified about Brown’s alleged conduct both times, but referred the complaint back to G8 for an internal investigation and disciplinary action.

A police spokesman previously said investigators were looking carefully at Brown’s employment history and any complaints about his behaviour.

Dr Cher McGillivray, an assistant professor at Bond University and clinical psychologist who specialises in the wellbeing of children and addressing mistreatment and abuse, also criticised the check scheme, but said education for parents, educators and others in childcare could help identify issues.

“Those working with children checks are just a false sense of security … because 85 per cent of child sexual abuse allegations are withdrawn, so most of these perpetrators aren’t actually being charged,” she said.

Many children didn’t speak up about abuse, and it could help if people in organisations such as childcare providers were empowered to speak up and had trauma-informed training, she said. It was also important for parents to speak to their children from a young age about their bodies, what parts were appropriate to touch and what were not.

“I think we’re doing our children a disservice if we don’t speak to them and teach about their bodies … most sexual abuse occurs between the ages of zero and three, and I know that’s horrifying,” she said.

Johnston said it was up to governments to get their act together and tackle the abuse issue.

“So far state and federal governments failed to prioritise this issue … if this is not a crisis, then what is?”

Victoria launched a review of the childcare system following Brown’s arrest.

Existing Victorian legislation means a referral to review a working with children check doesn’t have to be made to the Department of Government Services in cases where the issue could be better addressed through training or supervision.

Acting Premier Jaclyn Symes said authorities were already able to consider findings from relevant disciplinary bodies, such as the Commission for Children and Young People.

“In relation to a complaint or an allegation made, that’s a matter for the review,” she said.

Opposition Leader Brad Battin said the government needed to implement recommendations from the Ombudsman’s Report in 2022 to strengthen the working with children check.

“That should be the absolute priority of the government. That is why my team is willing to come back to parliament tomorrow to fix those problems,” he said.

With Patrick Hatch

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