Childcare employers on notice to ‘review their hiring and supervisory processes’

The recent revelations of a childcare worker’s sexual abuse allegations have put childcare workers across the country on notice to ensure the proper hiring processes are in place.

Slater & Gordon abuse law practice leader Sam Carroll has called on employers across the childcare sector to reflect on their hiring and supervisory practices amid the “distressing” revelations made by the Victorian Police just last week.

Joshua Dale Brown, a former childcare worker, was arrested by Victorian Police with over 70 offences, including allegations of sexual assault and producing child abuse material. The former Creative Gardens Early Learning Centre employee is facing allegations of sexual offending against eight children under his care between April 2022 and January 2023.

As the fallout of the damaging revelations has carried out across the country, many have called for repercussions against the childcare centre.

Speaking on how responsible the employer is in this situation, Carroll raised similar queries: “There are significant questions that these centres need to answer, including if any concerns had previously been raised about the accused, and whether any concerns had been appropriately investigated and or communicated.

“Was there sufficient inquiry made before the accused was hired, including with previous employers? Should a work history of 20 childcare centres in eight years have been a red flag? What were the supervisory conditions in place, including to cover breaks?

“And how much did the layout of the centres contribute to any alleged offending, including the ability to photograph that offending?”

Although the potential flaws on the employer front could be extremely consequential for this incident, Carroll reflected on the impact this has had on the parents and children themselves.

“At the heart of this tragedy is the wellbeing of the children. But in situations like this, even the most caring parents can be left unsure of what to say or do.

“Deciding whether to tell a child they’ve been abused is an unthinkably difficult position for any parent.”

“Parents always want to protect their children, but in circumstances like this, there’s no clear or ‘right’ path. Many are left grappling with whether or not to tell their child of the abuse, which can be an overwhelming and heartbreaking decision.

“Parents and the public have a right to know whether the checks and balances in place in these centres were sufficient to protect the children in their care.”

Carroll called on employers across the sector to take legitimate reviews into their hiring systems to ensure that issues like this do not permeate moving forward.

“Employers should review their hiring and supervisory processes to ensure proper checks and balances are in place to safeguard children in their care,” said Carroll.

“These centres say that child safety is paramount, but how can that be when such horrific and prolific alleged offending has been allowed to occur over such a long period of time?

“The focus should be on the affected families and allowing the ongoing investigations to identify the extent of the alleged abuse.

“Until more is known about the failures that allowed the alleged abuse to occur and the foreseeability of those failures, it is premature to be speculating about potential sums that might be obtained, the prospects of litigation, and the form of any such litigation.”