A man convicted of two child sexual abuse offences has been able to work as a referee for Touch Football NSW for more than a decade, including for junior teams, with the organisation citing a legal “loophole” for his continued employment.
The New South Wales government passed new laws in September to strengthen the working with children check scheme and the Office of the Children’s Guardian is currently reviewing the framework to assess whether it is “fit for purpose”. Child safety advocates say the laws need to be further strengthened to ensure child sexual abuse offenders cannot referee children’s sport.
A Guardian Australia investigation can reveal that a convicted child sexual abuse offender, Timothy McDougall, is a regular referee for Touch Football NSW and has officiated junior and youth competitions at regional, state and national level, including under-12 girls’ teams.
He has been able to continue umpiring even after the organisation became aware of his convictions.
McDougall was placed on the NSW child sexual abuse offender register in 2014 after pleading guilty and being convicted of two counts of sexual intercourse with a 14-year-old girl in 2012 when he was 21.
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He was sentenced to a three-year good behaviour bond. Three other charges of sexual intercourse with a minor and a separate charge of aggravated sexual assault with a victim under the age of 16 were discharged.
He is on the child protection register until 2029 and is subject to ongoing reporting obligations under the Child Protection (Offenders Registration) Act.
He has twice been convicted for failing to comply with his reporting obligations – once in 2016 and again in 2019. The earlier offence was related to his failure to declare work as a DJ under the name “DJ Timmy”.
The referee has also had multiple apprehended domestic violence orders taken out against him, with the most recent not due to expire until 2027. A police application for an AVO was most recently granted by the Narromine court, west of Dubbo, in September this year. No charges have been laid against him in relation to these AVOs.
Touch Football NSW was advised of his convictions by a concerned member of the public last year, raising his inability to get a working with children check given his status on the register. It is unclear whether the association was previously aware of his convictions. There is no suggestion that McDougall has reoffended in the course of his employment as a referee or otherwise.
According to the Office of the Children’s Guardian in NSW, a working with children check is not legally required for an umpire or referee where the “work does not involve contact with children for extended periods without other adults being present”.
However, under the Child Protection (Offenders Registration) Act, a person listed on the registry must report contact with children under a range of scenarios.
Guardian Australia sought clarification from NSW police as to whether umpiring would be considered reportable contact for a person listed on the register.
In response, a spokesperson said “it would be dependent on what conditions the person is subject to as to whether the contact is prohibited or if the contact is reportable”.
Michael Salter, the director of the child safety institute Childlight at the University of NSW, said the scenario showed there was a loophole that needed to be closed, and questioned why McDougall’s contact with children would not be reportable under the act.
“There is a proactive responsibility at an institutional level to ensure that you’re creating a safe environment for children, and there’s also a question of parental and community trust,” Salter told Guardian Australia.
“I wonder how many parents would be comfortable knowing that their child’s Saturday morning sports game is being umpired by somebody that has been convicted of serious offences or is on the register and required to report their contact to police.
“We also need to be realistic, which is that loopholes in child protection policy practice have been the red flags in major state reviews into egregious child abuse matters.”
Correspondence seen by the Guardian shows that the Touch Football NSW general manager, Dean Russell, was made aware of McDougall’s convictions in early 2025 by a concerned member of the public. However, the complainant was told that the organisation was operating within the limits of the legislation in NSW.
“Unfortunately, the legislation surrounding the Working with Children Check (WWCC) for referees has loopholes,” he wrote in a February 2025 letter to the complainant. “While I may have a different perspective, we are governed by this legislation. Specifically, referees (or match officials) are mentioned in the legislation but are not required to have a WWCC for senior or junior competitions.”
Russell stated that the organisation had raised the issue with the Office of the Children’s Guardian and in its discussions with sporting peak bodies.
“Most sports believe it is unrealistic to assume that referees are wholly isolated from children,” he said.
“For example, referees often work alongside assistant referees who may be minors, and this can extend to shared transport, particularly in regional areas.
“Additionally, referees often work in facilities with limited changing spaces, which may lead to situations where referees and young referees share the same space.
“Our view is that this area needs to be tightened.”
In response to questions from the Guardian, the Touch Football NSW chief executive, Duncan Tweed, said the organisation had contacted the Office of the Children’s Guardian after receiving the complaint.
Tweed said also the response from Russell “does not necessarily reflect the views of NSWTA”.
“NSWTA worked with the Office of the Children’s Guardian … at that time to clarify the restrictions which should be imposed on the person in question, noting the referees exemption provided under Regulation 7 (3) of the Child Protection (Working with Children) Regulation 2013 (NSW),” Tweed said in a statement.
“The overriding consideration of NSWTA is the safety of participants and NSWTA may seek to impose restrictions which go over and above the legislative requirements.
“As long as this referee complies with any NSWTA risk management strategies put in place as well as legislative requirements, he will be permitted to continue refereeing in NSWTA competitions.”
The organisation did not respond to Guardian Australia’s request for further information regarding the restrictions imposed on McDougall and the risk management strategies in place.
Salter said organisations should insist that all officials involved in children’s sport hold a working with children check, saying it was “not a high bar to clear”.
“I’m just trying to understand how you can have any child-focused activity like an umpiring role where you don’t need a working with children check – it makes no sense,” he said.
He also said there was “broad concern” about the regulation and enforcement of child safety legislation and principles in NSW, as had been exposed through high-profile cases in the childcare sector this year.
McDougall’s criminal convictions may also have been required to have been declared under the sport’s national “member protection” policy.
According to the sport’s national body, Touch Football Australia, all members must disclose “any pending or finalised charges or convictions, whether they are disciplinary, criminal or otherwise which may be relevant to the duties and responsibilities you are likely to undertake as a member (or in any other capacity) of Touch Football Australia and the relevant Touch Football Organisation”.
It is unclear if the criminal convictions were disclosed to the national body, or if the declaration precludes a person from becoming a member. Touch Football NSW did not respond to questions about this process.
In October last year, McDougall applied to the supreme court seeking to have a working with children check granted despite his status as a registered child sexual abuse offender.
His application was unsuccessful.
McDougall did not respond to questions from Guardian Australia.
Do you know more? Email sarah.martin@theguardian.com
