A retired police officer who groped an 18-year-old support worker is likely to be placed on Tasmania’s offender register after the Supreme Court overturned a magistrate’s decision to keep him off it.
Todd Barry Apted was found guilty of assault with indecent intent over the incident at his home, which also served as the workplace for his wife’s NDIS disability care business.
Apted, then 52, held a 51% stake in the business and did handyman work for clients. The complainant had worked there for about three months.
About a month before the offence, Apted began texting her in an exchange the magistrate found “could be viewed as a form of grooming”.
One message read: “That’s okay, you owe me,” accompanied by an emoji.
The magistrate rejected Apted’s claim the messages were “merely banter”.
On the day of the offence, while his wife was out, Apted called the young woman over as she was leaving.
He hugged and kissed her on the lips without consent, then groped her before she pulled away and ran to her car.
In June 2025, the magistrate convicted Apted, fined him $2,500 and declined to place him on the register, finding he posed no future risk.
Police sought a review and, earlier this month, Supreme Court Justice Michael Brett found the magistrate had erred.
He pointed to the grooming, Apted’s abuse of authority, his denials and lack of remorse and the fact he offended while on bail over earlier assault and perverting justice convictions that ended his police career.
Justice Brett said he was satisfied “no magistrate acting reasonably” could have found Apted posed no risk.
He rejected prosecution claims that the sentence was manifestly inadequate, finding the fine and conviction fell within the magistrate’s discretion.
The court will hear further submissions on whether Justice Brett should make the order himself or return the case to the magistrate.
