Concerned parent complained about a swimming teacher 'inappropriately holding' a child NINE months before he was charged with molesting eight kids – but the centre didn't report it to police because of a legal loophole
- Kyle Daniels, 20, is accused of abusing and raping girls at Mosman Swim Centre
- Six of the girls were allegedly abused after a complaint was made by a parent
- Complaint was not reported to the Ombudsman's office due to a loophole
- Childcare expert said the loophole needed to be closed and was dangerous
A concerned parent complained about an accused child rapist swimming coach's 'inappropriate hold' during lessons nine months before he was arrested.
Kyle James Henk Daniels, 20, is facing 31 charges relating to alleged sex offences against eight girls aged between six and 10 years old while he was teaching at the Mosman Swim Centre in Sydney. Daniels denies the charges.
Six of the girls were allegedly abused by Daniels after a complaint was made against him by a parent in August 2018.
The complaint was not reported to the Ombudsman's office as management are not required to flag concerns for the safety or welfare of children for swimming coaches, unlike teachers or childcare staff.
Kyle Daniels wore a blue T-shirt and used a green jumper to cover his face as he left the prison with his mother Janine when he was released on bail last week
Daniels (pictured) is accused of sexually assaulting eight young girls, aged between six and 10, during their swimming lessons at Mosman Swim Centre
According to the New South Wales Ombudsman Act, public authorities - including councils - are required to report 'reportable allegations' involving workers.
This does not apply when a contractor is operating a pool, as is the case at Mosman Swim Centre.
Consultancy firm Child Safefguard managing director Marco Blanco said the loophole that allowed Daniels to escape being reported should be closed.
'Swim centres aren't facing the same regulations as other sports, it's an area that can have higher risks but less regulation,' he told the Sydney Morning Herald.
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'Often there is a gap when a private operator is running a swim program in a council pool. Councils have very controlled policies, and from our experience a lot of policies from local government are drafted with early childhood centres in mind - those policies don't necessarily address the specific risks in an aquatic environment.'
The Mosman Swim Centre refused to comment on the complaint when contacted by Daily Mail Australia and referred all inquiries to police.
Daniels was granted bail on Wednesday.
He was greeted by his parents James and Janine and twin brother at Amber Laurel Correctional Centre at Emu Plains in western Sydney after he was released from custody.
Daniels' release came as it emerged an internal memo was sent to staff on August 14 warning against 'unorthodox hands-on' methods while coaching swimming, news.com.au reported.
Kyle Daniels was granted bail during a court hearing in Manly Local Court on Wednesday where he appeared briefly via video link
Accused: Daniels (right) is pictured at a Knox Grammar School function with his parents
The document, which outlines three key rules for swimming teachers, has been submitted to the court.
'As instructors, it is extremely important that we are aware and using the correct technique to hold and interact with children,' the memo said.
'1. DO NOT hold children close to the groin and/or chest area.'
The memo warns that swim teachers should always have their hands above the water and should not position themselves behind children.
'2. CUDDLING. While it is acknowledged that crying children sometimes need a cuddle, unnecessary cuddling can be concerning to some parents. Use your discretion.
The third rule said teachers should not be overly playful or unnecessarily hands-on as they are there to instruct.
The alarm was first raised about Daniels' alleged offending last winter, Manly Local Court heard last week.
An eight-year-old child complained to the swimming centre that she was inappropriately touched during a lesson.
The child was removed from the class and Daniels was 'spoken to about the complaint' by senior staff.
The magistrate described the incident as an 'allegation of inappropriate behaviour towards a young child of a sexual nature.
The court was told that the complainant said Daniels touched her 'close to (her) groin and chest area'.
Daniels told staff any touching was accidental, the court heard.
The alarm was first raised about Daniels' alleged offending last winter, Manly Local Court heard last week. Daniels appeared via video link (court sketch pictured)
Daniels' parents James and Janine (pictured) were in court to support him on Wednesday as he was hit with 28 extra charges
Daniels' lawyer Todd Alexis, SC, said it was 'very improbable that a young man like Daniels would deliberately touch a young girl in a public swimming pool'.
He said the girl's mother, lifeguards and other staff were there in the pool at the time.
'It is glaringly improbable that these offences occurred,' he said.
Magistrate Daniel Reiss replied that all sex offences were improbable.
'A cardinal is now in jail which is highly improbable,' Mr Reiss said.
Daniels' mother and father shook their heads in disbelief at the connection to the George Pell case.
'The nature of these matters are improbable and surprising and happen regarding people of good character,' Mr Reiss said.
Daniels' lawyer said his client strongly denies the allegations and claims any touching was accidental.
Daniels was required to post a surety of $100,000 before being granted bail, and most follow a list of strict requirements.
He is scheduled to next appear in court in April.
A strict curfew and a ban on going near children: Kyle Daniels' bail conditions
Pictured: The moment Daniels was arrested
To be of good behaviour.
To report to a police station, once daily on Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday.
To surrender passport to the Registrar of the police officer in charge.
Not to approach any international point of departure.
To live at his parents' address and notify police immediately of any change of address.
Not to be absent from these premises between the hours of 06:00 PM and 06:00 AM unless in the company of Unless in the company of a parent.
Not be employed or attempt to gain employment as a swimming instructor, life guard or any other occupation that involves water based activities, paid or voluntary.
Not to seek or undertake paid or voluntary work that will bring the accused into contact with any person under the age of 16 years.
Not to engage in water sports where it is reasonably expected that children under the age of 16 years may be present.
Not to contact or attempt to contact any victims or Crown witnesses in this matter either directly or through social networking sites via the internet or any other means or through a third person.
Not to acitively seek or remain in the company of any person under the age of 16 years, other than immediate family members.
Not to actively communicate or attempt to communicate by any means (directly or indirectly) with any person under the age of 16 years, other than direct family members.
Not to attend or be in the vicinity of premises known to be frequented by children including, but not limited to; swimming pools (public or private), beaches, video arcades, playgrounds, schools and preschools, premises being used for childcare, children's concerts and shows, or venues specifically intended for the use or entertainment of persons under the age of 16 years.
Strictly comply with any current apprehended violence order.
To forfeit the sum of $100,000 if the accused fails to comply with the bail acknowledgement.
There is no suggestion Daniels has breach his bail conditions.
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