Parents from Canberra childcare centre Ducklings Charnwood fear for their kids who were exposed to predator

More furious parents are coming forward, fearing their children were exposed to a predator, after a childcare centre failed to notify them that one of its employees had been charged with – and later convicted of – child sexual abuse.

Distressed parents, whose children attended the Canberra childcare centre where Muhammad Ali sexually assaulted a four-year-old boy, claim that almost two years after his Supreme Court sentencing, they still have not been formally notified.

Multiple parents have expressed fear and concern to The Nightly because their children – then aged three and four – were in Ali’s care in the months prior to his 2022 arrest.

Since The Nightly last week published an article naming the childcare centre, at least one parent has contacted the police and another parent was considering it.

“I had no idea what was going on for the last couple of years,” said a worried father.

“We know that he was in (our child’s) room at the time.

“I have met the man (Ali) myself a few times, and knowing that (our child) was in that childcare room at that time, and then having all this happen, is terrifying.”

In May 2022, ACT police charged Ali with indecently dealing with three children while casually employed at Ducklings Early Education Charnwood.

The assistant educator fronted the ACT Magistrates Court the next day. He later pleaded not guilty to all charges and was found guilty of one charge.

Just months later, in August, Edge Early Learning group bought the Ducklings Charnwood centre from Burran Childcare.

Burran Childcare was an investor in the Ducklings Charnwood centre and not involved in its operations.

Ducklings’ then-director and childcare provider, Fiona Goode, has not responded to questions from The Nightly.

But a spokesperson for the Burran Childcare investor, who was acting as a contact point for parents, agreed to respond to The Nightly’s questions on behalf of Ducklings.

The spokesman, who did not want to be named, sought information from those involved in Ducklings’ operations at the time of Ali’s offending, and confirmed the centre did not tell parents.

“Ducklings advised the Department of Education within 24 hours of the allegation against Mr Ali being made,” he said.

“The Children’s Guardian and the Ombudsman were notified within the legal timeframe.

“The victim’s mother reported it to the police.

“I understand that Ducklings complied with the protocols incumbent upon them and with all requests made by the police and the other governing bodies.”

The spokesman said Ducklings preserved CCTV footage “from the allegation period”.

“At no time did the governing bodies ask Ducklings to hand over any further CCTV footage to be preserved,” he said.

“Ducklings handed over the CCTV footage that was requested by the governing bodies.

“It would have preserved any other footage that had been requested.”

The spokesperson was assured Ali was vetted prior to his employment.

“Mr Ali’s qualifications were checked,” he said.

“He had a valid working with children check and a green light was given to employ him.

“Ducklings called his references, on his resume, which they kept on file.”

Ali was employed at Ducklings Charnwood from January 30 to April 21 in 2022.

“I now understand that two other complaints were made after the fact, which were made directly to the police,” he said.

“I understand that Ducklings has no knowledge of what these allegations consist of.

“They were never officially informed by the police about the other allegations.”

Ali’s employment was suspended “within 45 minutes” of the first allegation being made.

“He was then terminated shortly afterwards,” the spokesman said.

“He never worked at Ducklings from the time of his suspension onwards.”

Edge Early Learning CEO Annie Bryce said the childcare group was unaware of the abuse allegations or criminal charges when it purchased the centre in August 2022.

“The incidents in question occurred in April 2022, prior to the acquisition,” Ms Bryce said.

“At the time of purchase, Edge was not made aware of the circumstances involving the Ducklings employee.

“The team member had ceased employment four months before our acquisition and was not part of any transferring employee information.

“While Edge is not in possession of information pertaining to this matter, we remain committed to supporting our families by providing a secure, nurturing environment for every child in our care.”

The ACT Government said on Tuesday that if a childcare worker is arrested or charged, ACT Policing will advise the service and service provider about whether parents whose children are not subject to the alleged offences can be advised of the charges and what can be disclosed.

“In many cases, investigating officers may provide advice not to disclose information to protect the integrity of evidence and from potential interference with witnesses,” the Territory government spokesperson said.

“There is no legal right for parents whose children are not alleged to have been abused to be informed if there is an allegation of abuse against a staff member of an Early Childhood Education and Care (ECEC) service.”

The Government spokesperson said the management of criminal investigations and charges relating to child abuse is a police matter.

“ACT Policing has no statutory responsibility to advise parents whose children are not subject to the alleged offences,” he said.

“The extent to which ACT Policing agrees to any disclosures by regulators or other child protection bodies depends on the circumstances of the investigation.

“For example, ACT Policing may be investigating other offences after a set of charges are already laid.”

However there were some circumstances in which a childcare centre might notify parents.

“In many cases, where an ECEC provider or service is aware, or advised, of a charge that is proven and becomes a conviction, it is convention that ECEC providers would advise families,” the spokesperson said.

“ACT Policing will only make contact with any affected families including any families attending a service if and when appropriate.”

The Government spokesperson added that ACT Minister for Education and Early Childhood Yvette Berry shared the community’s concerns regarding “what parents can be told and when they can be told” about charges and convictions and will advocate for changes to relevant laws to her ministerial counterparts.

Meanwhile, the Federal Department of Education said the safety and protection of children attending early childhood education and care (ECEC) was “paramount”.

“ECEC providers and ECEC regulatory authorities rely on police to communicate on individual investigations underway or complete with approved providers and/ or families,” a departmental spokesperson said.

“Where parents have concerns relating to an ECEC service, they are encouraged to talk to their Centre Director or contact their relevant state or territory regulatory authority in the first instance.

“The upcoming Education Ministers Meeting in August will consider further measures to strengthen quality and safety in our early education and care sector.”

According to court documents, Ali had worked as a security guard before moving into the childcare industry in a casual capacity between 2014 and 2016 but it is unknown which childcare centres he worked at prior to Ducklings Charnwood.

Ali, who was 28 when he worked at Ducklings, pleaded not guilty to all charges and stood trial in the ACT Supreme Court in June 2023.

In late 2023, Justice Baker sentenced Ali to 18 months jail, with a 12-month non-parole period for his offending.

Ali appealed the verdict and the Court of Appeal is yet to deliver its decision.

Ali, who completed his 18-month jail sentence in May, remains in custody at the Alexander Maconochie Centre.

ACT Corrective Services told The Nightly “a person can only remain in custody where there is a valid court order or other authority under Territory or Federal law”.

Ali, from Pakistan, was on a bridging visa at the time of his sentencing.

Parents want to know why he has not been deported.

Mandatory visa cancellation applies to anyone who is sentenced to 12 months or more in prison, but Home Affairs refused to comment on Ali’s visa status.

“For privacy reasons, the Department cannot comment on individual cases,” a departmental spokesperson said.

“All non-citizens who wish to enter or remain in Australia must satisfy the requirements of the Migration Act 1958 (the Act) and Migration Regulations 1994, including identity, health, security and character requirements.

“The Australian Government is committed to protecting the Australian community from the risk of harm posed by non-citizens who engage in criminal conduct or behaviour of concern.”

The ACT Supreme Court registrar did not respond to questions this week about whether there were any court orders pertaining to Ali’s continued custody.

Report child abuse in the ACT to police on 131 444 or by visiting your local police station.