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.
'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.'
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 a disturbing internal memo the swim centre released to staff last year emerged.
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 note, sent out on August 14, warned staff against 'unorthodox hands-on' methods that had been observed, news.com.au reported.
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.
Daniels (right) sat in the back of his family car next to his twin (left) on Wednesday evening
The alarm was first raised about Daniels' alleged offending last winter, Manly
