VCAT found the childcare worker posed 'no risk to children at all'. Photo / News.com.au
VCAT found the childcare worker posed 'no risk to children at all'. Photo / News.com.au
A former Victorian childcare worker has had his working with children check restored after being cleared of inappropriately touching children during a game of "monster tickles".
Paul Kefford regularly played the tickling game with children in front of other staff and parents without complaint at the centre where he worked, a tribunal heard.
But in October 2020, he was stood down from his job, pending a probe into allegations the then 55-year-old touched a boy and girl, both aged 4, in their genital area during the robust game in which he played a monster chasing kids to tickle.
He was formally questioned by his employer, education department officials and Victoria Police. He was never charged with any offence.
Kefford acknowledged he may have inadvertently touched children in the way they described as they wriggled and squirmed during the game, but adamantly denied the touching was anything other than accidental, the Victorian Civil and Administrative Tribunal was told.
Kefford was in November 2020 banned by the Education Department from working in childcare and stood down. The prohibition notice was later set aside by VCAT.
His working with children clearance was also revoked, a ruling Kefford also fought at VCAT.
VCAT has reinstated a former childcare worker's clearance to work with children. Photo / Supplied
VCAT deputy president Heather Lambrick found any touching by Kefford near a child's genital area or on a child's skin was "neither intentional nor inappropriately motivated".
"In regularly playing the raucous tickle monster game, Mr Kefford had no ulterior motive but played the game solely for the amusement and benefit of the children with whom he was playing the game and for no other reason," she said.
"When children are squirming with horror and delight, there is of course the real possibility they can inadvertently be touched on a 'private' part of their body, either through clothes or if they are wearing shorts/skirts on their skin.
"I fully accepted Mr Kefford's evidence that this is factually what occurred."
Kefford has never been charged with any criminal offence arising from the conduct.
The state justice department secretary emphasised Kefford was an adult educator in a position of trust, who put himself in a position of risk of touching the genitals of the children.
VCAT found the childcare worker posed 'no risk to children at all'. Photo / News.com.au
It was contended it was a departure from the standards expected and the need to always respect the bodies of children.
Lambrick said she was satisfied Kefford posed "no risk to children at all" and reinstated his working with children check.
"I accept Mr Kefford has taken total responsibility for his actions," Lambrick said in her ruling just before Christmas.
"Whilst he has been shattered by the consequences of playing the game, he has fully reflected on his conduct and vowed never to repeat it.
"Mr Kefford gave evidence that he has no intention to again work in childcare because he himself has been traumatised by the consequences of the conduct. I fully accept that he has been.
"He has been investigated, lost his job, had to endure two separate hearings before this tribunal, and explain and re-explain his conduct to his numerous character references.
"Having found Mr Kefford poses no risk to children, I am satisfied it is in the public interest for Mr Kefford to engage with children.
"He has children of his own with whom he wishes to actively engage. He should be permitted to do so."
SEXUAL HARM - DO YOU NEED HELP?
If it's an emergency and you feel that you or someone else is at risk, call 111. If you've ever experienced sexual assault or abuse and need to talk to someone contact the Safe to Talk confidential crisis helpline on: • Text 4334 and they will respond • Email support@safetotalk.nz • Visit https://safetotalk.nz/contact-us/ for an online chat Alternatively contact your local police station - click here for a list. If you have been abused, remember it's not your fault.
