The devastated parents of a child abused by disgraced childcare worker David James are calling for urgent out-of-school care (OOSH) reform to better protect children.
Michelle, whose name has been changed to avoid identifying the child victim of the crime, was at an interstate theme park with her six-year-old child in 2024 when she received an urgent call from police asking if she could check her son’s back for freckles.
Support services for victims of sexual violence:
- NSW Sexual Assault Service
- NSW Sexual Assault Helpline: 1800 424 017
- Victim Services NSW: 1800 633 063.
- Sexual Abuse and Redress Helpline: 1800 211 028.
- Bravehearts (support for child sexual abuse survivors) on 1800 272 831.
- Child protection helpline: 132 111
- MARS Australia (for men affected by rape and sexual assault) on (07) 3857 1222.
- National Survivors Trust: 1300 124 433.
- Full stop in Australia on 1800 385 578.
“I just knew the police had found my son’s photo,” she said.
She was then asked to personally identify the child in the photo with her ex-husband Ian, whose name had also been changed – a sickening moment the couple will never forget.
“I actually didn’t even cry when I first saw it because I was just numb, just not believing that something like that could happen.”
– Michelle said.
“You know, you hear about this happening to other people and you always think you’ll be the exception.”
Last week, James was sentenced to 12 years in prison with a non-parole period of seven years after pleading guilty to 11 charges related to the production and possession of child abuse material.
Parents call for reforms
Michelle and Ian decided to speak out to encourage other parents to talk to their children about body safety and call for changes to the OOSH system.
“I wish I could turn back the clock and talk to (my son) more proactively, and I wish other parents would do the same,” Michelle said.
How to Talk to Children About Body Safety, Boundaries, and Consent
“For example, never be alone with adults, never let them take pictures of you with their phone. If they say, “Don’t tell your parents something,” you should tell your parents and tell them, “I’m going to tell my parents because no adult can ask me to keep a secret from my parents.”
Parents want mandatory video surveillance in blind spots at the centers, a minimum of two workers per shift (the current policy is one for every 15 children over preschool age) and a ban on male teachers.
The latest proposal was rejected last year by federal education minister Jason Clare as “not… a solution”, noting that most people in the sector were “good, honest people”.
NSW Education and Early Years Minister Prue Car said in a statement the state government had taken action to protect children, including introducing a new independent regulator and banning mobile phones in centres.
NSW is also participating in a national trial of CCTV systems in early education and childcare centres, the results of which are due to be presented to Education Ministers in October this year.
“We continue to look at ways to further improve the system and ensure that parents can be confident that their children will be safe and well looked after, whether they are in a nursery, pre-school or OOSH,” Ms Kar said.
Prue Car says the State Government has taken action to protect children. (ABC News: Abu Bakr Sajid)
Parents are losing trust in the legal system
Yang said previously announced child care reforms did not go far enough.
“All these changes won’t stop people like David James in the future… if he goes to great lengths to take photographs, putting his life at risk, committing the most heinous crimes, why should he care if the government bans phones,” he said.
Michelle and Ian said they had lost confidence in police and the justice system after their experience, calling the police report irresponsible and James’ sentence woefully inadequate. The Australian Federal Police declined to comment.
The couple’s trust in other people is also severely damaged.
They want responsible adults, including teachers and educators, to talk to children in an age-appropriate manner about the safe behavior they should expect from the adults in their lives.
“I think until we have better reform, better prevention and better punishments, unfortunately, the most proactive thing you can do is teach your children,” Michelle said.