A man with a history of child sexual abuse convictions has been employed as a referee for junior teams in New South Wales (NSW) for over a decade, raising serious concerns among child safety advocates. Timothy McDougall, who was placed on the NSW Child Protection Register in 2014, has officiated matches for various age groups, including under-12 girls’ teams, despite being a convicted offender.
McDougall’s hiring has been attributed to a legal “loophole” that allows individuals in certain roles to bypass stringent checks. In September 2023, the NSW government enacted new laws intended to strengthen the Working With Children Check scheme. The Office of the Children’s Guardian is currently reviewing this framework to determine its effectiveness in safeguarding children. Advocates argue that further reforms are essential to prevent child sexual abuse offenders from being involved in children’s sports.
In 2012, McDougall, then 21 years old, pleaded guilty to two counts of sexual intercourse with a 14-year-old girl. He received a three-year good behaviour bond for these offences. Although three additional charges related to sexual intercourse with a minor and another for aggravated sexual assault were discharged, McDougall remains on the Child Protection Register until 2029 and is subject to reporting obligations under the Child Protection (Offenders Registration) Act.
His continued role as a referee has come under scrutiny after Touch Football NSW received a complaint regarding his criminal history. According to the organisation, it was unaware of McDougall’s convictions until informed by a concerned member of the public. There is no evidence to suggest he has reoffended while officiating.
The NSW Office of the Children’s Guardian clarified that a Working With Children Check is not required for referees if they do not have extended contact with children without other adults present. However, under the Child Protection (Offenders Registration) Act, individuals listed on the registry must report interactions with children in various scenarios.
Michael Salter, Director of the Child Safety Institute Childlight at the University of NSW, highlighted the gap in legislation, questioning why McDougall’s role as a referee was not deemed reportable contact. He stated, “There is a proactive responsibility at an institutional level to create a safe environment for children. I wonder how many parents would be comfortable with their child’s game being officiated by someone with such a serious criminal record.”
Touch Football NSW General Manager Dean Russell acknowledged the loopholes within existing legislation in a letter to the complainant, stating the organisation operates within the confines of the law. He emphasized that while referees are mentioned in the legislation, they are not mandated to undergo a Working With Children Check for senior or junior competitions.
In a response to inquiries, Touch Football NSW Chief Executive Duncan Tweed noted that the organisation had reached out to the Office of the Children’s Guardian after the complaint was lodged. Tweed added that the organisation prioritizes participant safety and may implement restrictions that exceed legislative requirements.
Despite the ongoing concerns, it remains uncertain whether McDougall disclosed his criminal convictions to Touch Football Australia, the sport’s national governing body. Under its member protection policy, all members are required to declare any relevant pending or finalized charges or convictions.
In October 2022, McDougall unsuccessfully applied to the Supreme Court for a Working With Children Check, despite being a registered child sex offender. He did not respond to requests for comment regarding this situation.
As the conversation surrounding child safety in sports continues, advocates are urging for comprehensive reforms to close the loopholes that allow individuals with serious convictions to participate in roles involving children. The complexities of the current legal framework highlight the ongoing challenges in safeguarding vulnerable populations in sports and other child-focused activities.
