A convicted child sex offender — who failed to tell authorities he was doing maintenance and gardening work at a south-east Queensland childcare centre where his wife was a director — has been fined.
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The Beenleigh Magistrates Court heard on Thursday that Andrew William Vassel accepted witness accounts that he had also played the role of Santa at a Christmas party at the Beenleigh Montessori Early Learning Centre south of Brisbane, “but doesn’t specifically recall” doing so.
The 44-year-old pleaded guilty to breaching his reporting obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act by failing to report his employment at the centre.
There is no allegation Vassel offended against children at the centre and Queensland police say they have not received any reports in relation to the centre.
The centre’s owner said they were not aware of the man’s past criminal history, which was first reported by 7 News, and were “horrified” to learn of it.
The court heard that Vassel, who appeared via video link, had been convicted of offences in New South Wales and had been a “reportable offender” from February 2008 for a 15-year period.
New South Wales court records show Vassel faced trial in 2007 and was convicted on two child sex abuse offences.
Court hears Vassel acted as centre Santa
The court heard on Thursday police received a tip-off in June this year that Vassel had been employed at the Beenleigh Montessori since 2018 as a gardener and maintenance worker — a job he told police he had been offered by his wife, the centre manager, Amanda Vassel — but had not reported those details to authorities.
The court heard Vassel, who is also employed by the Brisbane City Council as a landscaper, had told police he hadn’t reported the job because he was receiving cash in hand.
The court heard Vassell had dressed as Santa at the centre’s Christmas party a number of years ago. (ABC News: Ben Cocklin)
He’d also told police he only did the work on weekends or on public holidays when children were not present because he “knew he was not allowed to work with children”, the prosecutor said.
“When questioned whether he required a blue card, he stated he had done his research and as long as he worked on weekends and not when the children were present during the week, he did not require one,” the prosecutor said.
However, the court heard that witnesses had said he’d played the role of Santa at a past Christmas party at the centre.
“When questioned, the defendant stated he did not believe it was him and does not recall ever playing the role of Santa. He stated he definitely knew he would get in trouble with the police should he even do that,” the prosecutor said.
His lawyer Rachel Carson told the court Vassel had memory recall issues and “doesn’t specifically recall” playing Santa, however “accepts the version of three witnesses”.
Vassel, whose reporting obligations expired in 2023, was fined $2,000, with convictions recorded.
Beenleigh Montessori’s operators have been contacted for comment. (ABC News: Ben Cocklin)
In handing down the sentence, Magistrate Michael O’Driscoll said he took into account Vassel’s plea of guilty and his lack of previous criminal history in Queensland.
“It is quite common for me to sentence people to imprisonment for this type of offending, so a fine is the most appropriate for your circumstances today. I think I’m more than influenced by the fact your reporting obligations have now expired,” Mr O’Driscoll said.
Centre owner ‘horrified’
In a statement, the Beenleigh Montessori owner said they were aware the man, who was a contractor, did not have a a Blue Card.
“But it was my understanding he had no contact with children or access to the centre during opening hours,” they said.
The owner said they were “deeply saddened by these circumstances” and had reached out to all staff and parents to apologise for any angst this may have caused.
A Department for Education spokeswoman said the Early Childhood Regulatory Authority (ECRA) will be investigating the matter.
“[The ECRA] is aware of this matter and will be undertaking an investigation, working closely with the Queensland Police Service,” she said.
“Approved providers have clear responsibilities under the legislation regarding who may and may not be at the service premises when care is being provided to children.
“Where steps are inadequate to ensure the health and safety of children, the Queensland Early Childhood Regulatory Authority does not hesitate to take robust and appropriate action, including prohibition and prosecution.
“The department is not able to comment further on matters under investigation.”
National focus on childcare safetyInvestigating Australia’s childcare crisis
The incident follows an unrelated case where a childcare worker was charged with the indecent treatment of a four-year-old child at a different Brisbane facility last week.
Affinity Education Group, which runs the centre where the 21-year-old Cleveland man worked, has confirmed he was stood down once the allegations came to light and his employment has since been terminated.
In a letter sent to parents, the centre confirmed it was committed to “being transparent within the boundaries set by police”.
“Police have advised they will be in direct contact with any families who may have been impacted,” it read.
Sector under scrutiny
Speaking on Friday morning, Transport Minister Brent Mickelberg said communities expected to be kept safe.
He said he was personally supportive of calls for a public child sex offenders register.
“Our government will do whatever we need to do to ensure our children are safe,” he told reporters.
Premier David Crisafulli has pledged to reform the state’s child safety system. (ABC News: Lucas Hill)
Queensland Premier David Crisafulli and Education Minister John-Paul Langbroek, on Thursday said the government had been working to strengthen regulation in the sector.
“Something [had] to change,” Mr Crisafulli said.
“We are going to make sure that the blue card system works again.
“We’re going to have a proper commission to make sure that these kinds of things don’t keep occurring time and time again.”
He said a fast-tracked reportable conduct system was being worked on, and a commission of inquiry was also looking at what could be done.
The ABC has contacted Ms Vassel for comment.
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