Loopholes meant complaints against swim coach accused of sexually abusing girls were not reported

Kyle Daniels worked as a swim instructor at Mosman Swim Centre. Image: Instagram. Photo / Instagram

A child safety expert says legal loopholes meant that complaints against a swimming coach — who is alleged to have sexually assaulted one girl eight times in the space of three weeks — went under the radar.

Kyle Daniels stands accused of 31 sexual offences on eight girls, aged five to 10, while working at the council-owned Mosman Swim Centre on Sydney's north shore.

He has denied the allegations and intends to defend the charges.

A complaint was made by a parent against the clean-cut 20-year-old former private schoolboy in August last year for what was described in a staff feedback form as "inappropriate holds" on children during lessons.

However, Daniels was allowed to keep his job as an instructor and a disturbing internal memo was sent to staff members warning about instructors using "unorthodox hands-on" instruction techniques.

The managing director of child protection organisation Child Safeguard, Marco Blanco, told news.com.au that cases such as this one highlighted two worrying loopholes — which meant concerns over a swim coach may not be reported to higher authorities.

He said public authorities in NSW such as councils are required by law to report "reportable allegations" involving staff, such as sexual offences, to the Ombudsman's office.

However, where a swim centre is contracted out to a private operator, it did not have to report disturbing complaints.

"When councils outsource child protection services, they should ensure all private contractors have a contractible obligation to implement comprehensive child protection policies," he said.

Kyle Daniels worked as a swim instructor at Mosman Swim Centre. Photo / Instagram

Another loophole is that swimming instructors, unlike teachers and child care workers, do not have to raise concerns for the safety or welfare of children — which means that swim school management are not required to report suspicions of child abuse or neglect.

Again, Blanco said this loophole can easily be fixed by the NSW Government.

"The NSW Government should expand mandatory reporting laws so that they cover swim instructors," he said.

The worrying loopholes have been exposed as court documents reveal disturbing new details about Daniels' alleged crimes.

The charges against him include eight counts of sexual intercourse with a child under 10, six counts of intentionally sexually touch child under 10, and 14 counts of indecent assault person under 16 years of age.

He is accused of indecently assaulting and committing an act of indecency against a seven-year-old girl eight times between October 24 and November 14, 2018.

Court documents also revealed Daniels was still allegedly committing sexual offences on swim students up until 10 days before he was arrested.

The swim centre's general manager Mike Conna has now issued a statement saying staff at the facility are "deeply disturbed" by the allegations against Daniels.

"Allegations have been made against a single former swimming instructor who no longer works at the Centre," the statement reads. "We are, and remain, committed to the safe teaching of children's swimming.

Mosman, we have taught thousands of children to swim safely and successfully."

He said the centre follows the guidance of industry leading bodies and the law to ensure all staff and swim teachers have a NSW Government Working with Children Clearance, similar to what primary teachers hold.

Kyle Daniels is a former Knox Grammar School pupil. Photo / Instagram

He added that swim teachers also undertake Working with Children training, while swim lessons are monitored by a Pool Deck Supervisor and many parents attend.

"However, in light of these horrific claims involving a former instructor at the centre, we are introducing additional safety measures that go over and beyond industry practice, so parents can be assured children are as safe as possible," he said.

"As part of this, our teachers are participating in additional Child Protection & Safety education through Swimming Australia. We are also ensuring there is an additional Pool Deck Supervisor on duty.

"We have also provided counselling services for the team here as they are naturally distressed by the alleged events involving a former colleague."

The NSW Government strengthened child sexual abuse laws in December following the

Royal Commission's Criminal Justice Report.

The new laws mean that failing "to reduce or remove a risk of child abuse" and failing to report child abuse, is now an offence which can be punished by up to two years' imprisonment.

They apply to any organisation that "employs adult workers to engage in child-related work".

Daniels has been granted bail and his lawyer Todd Alexis told Manly Local Court his client's touching of the children was "unlikely to have been sexual in nature" when "viewed objectively".

Daniels appeared in court via video link wearing a black T-shirt. He listened with his head bowed as his parents stood holding hands in the courtroom.

His mother looked distraught, with tears in her eyes. She blew her son a kiss and mouthed, "I love you" as he appeared on the screen.

Daniels smiled when the magistrate, Daniel Reiss, mentioned his twin brother, who was also in the courtroom. His sibling waved at the screen.

The magistrate described the allegations against Daniels as very serious and very concerning. He added that the accused was lucky to have been granted bail.

"People who know Daniels are shocked by the allegations, but the nature of these things seems to be that they are unknown and unseen and that's why people are shocked by them," the magistrate said. "He's very fortunate to be granted bail in this circumstance."