A childcare worker accused of indecently filming pre-pubescent boys was allowed to continue working despite being stood down and reported to the regulator after his colleague allegedly witnessed an ‘uncomfortable’ incident with a child.
David William James, 26, allegedly abused children at Outside School Hours Care (OSHC) facilities across Sydney between April 2021 and May 2024.
Police allege James photographed or filmed ten victims aged five to six while working at six out-of-school-hours (OOSH) care centres in the city’s north and CBD.
James’ identity had been kept secret for the past nine months until a suppression order was lifted in Downing Centre Local Court on Thursday.
He was employed as a casual worker through staffing agency Randstad Education and worked at 58 OOSH centres.
One of his colleagues reported feeling ‘uncomfortable’ after witnessing an alleged interaction between him and a child at Mowbray Public School’s Primary OSCare, in Lane Cove North, in June 2024.
Parent company for Mowbray Public School’s Primary OSCare, Junior Adventures Group (JAG), confirmed NSW Police and the Office of the Children’s Guardian were notified of the alleged incident, which is separate to the police investigation.
James was stood down from Mowbray Public School’s Primary OSCare and he was subsequently banned from working at JAG centres. But the ban did not affect his Working with Children Check (WWCC) and he continued working for Randstad.
David James, 26, (pictured) is accused of abusing 10 children at six centres in Sydney during after-school programs between April 2021 and May 2024
One of his colleagues reported feeling ‘uncomfortable’ after seeing an alleged interaction between James and a child at a daycare centre in Lane Cove North (pictured)
A JAG spokeswoman said James was let go because of staff members’ ‘concerns’.
‘The individual was stood down after concerns were raised about a separate incident that is not part of the current police investigation,’ she told the Sydney Morning Herald.
‘When the concerns were raised, JAG immediately took action, notifying NSW Police and the NSW Office of the Children’s Guardian.’
A WWCC is only affected if there is a sustained finding made under the Reportable Conduct Scheme, the Office of the Children’s Guardian states.
However, reporting inappropriate conduct does not always result in a person being barred from working with children.
In some instances, the Office of the Children’s Guardian can put an interim bar on an individual’s working with children, however this was not done in James’ case.
Parents from Lane Cove West Public School, where James once worked, were shocked to find he retained his employment despite the complaints against him.
One parent claimed the WWCC was ‘obviously not comprehensive enough’, while another labelled the situation a ‘travesty’ and an ‘abomination’.
It was revealed last month, before James’ name could be published, that 1,200 letters were to parents and carers who may have crossed paths with him (pictured)
Randstad Education has also released a statement in light of the allegations.
‘We are deeply disturbed by the allegations, and we extend our deepest sympathies to the children and families impacted by the alleged offending,’ they said.
‘Screening of workers, including for the accused, is conducted in accordance with best practice in Child Safe recruitment principles.’
Last month, 1,200 letters were sent to parents and carers whose children may have come into contact with James.
The letters were sent as part of a process led by NSW Police and the AFP under the Joint Child Protection Response Program.
Investigators asked parents and carers who received the letter to read it carefully, including instructions for contacting a hotline with any relevant concerns.
‘Based on information currently available, investigators believe the alleged behaviour of the man involves a very small number of children, however, the parents and carers of any child who may have had contact with the man have received a letter,’ the AFP said in a statement.
On Thursday, AFP acting Assistant Commissioner Brett James said the investigation was launched after child abuse material was detected on the dark web in June 2024.
James (pictured), was reported to NSW Police and the NSW Office of the Children’s Guardian for inappropriate conduct but his Working with Children check was not affected
The 26-year-old attended Knox Grammar at Wahroonga (pictured) until 2017 and worked part-time at 58 child care facilities between 2018 and 2024
He said police had examined 142,000 files on the alleged paedophile’s devices which amounted to 18.9GB of material.
Daily Mail understands that police will allege James filmed boys using the toilet and pleasured himself while in a classroom in front of children.
He attended the prestigious private school Knox Grammar until 2017 and was a probationary police constable between December 2021 and September 2022.
He failed to finish his probation period and resigned from the NSW Police Force in May 2023 after a stint working in a civilian capacity.
NSW Police confirmed James was rejected by the force because he had failed to disclose his part-time childcare employment.
‘During his employment, the man failed to seek the required approval to engage in secondary employment, and as such, police were unaware of his concurrent role in the childcare sector,’ a police spokesperson said.
‘We acknowledge the seriousness of the allegations and condemn any behaviour that places our community’s most vulnerable members at risk.’
James was initially charged last September with refusing to grant Australian Federal Police access to his phone and was arrested again a month later when he was charged with further offences.
He has been charged with nine counts of aggravated use of a child to make child abuse material, one count of using a child to make abuse material, two counts of possessing abuse material and one count of refusing officers access to his phone.
James has been refused bail since October and will next face court on August 21.
