Significantly, it’s the first time in Australian history a maximum penalty has been handed down for breaches relating to inadequate supervision, sending a clear warning for all Approved Providers that child safety is paramount.
The critical incident occurred in 2022 at the Learning Sanctuary Kings Square (G8 Education Limited) after two children were left unsupervised outdoors, playing with a skipping rope.
Tragically, this led to a three-year-old being found unresponsive, hanging from a slide after the child had become entangled in the rope. The child required 18 chest compressions before regaining consciousness and being transferred to hospital.
A subsequent Department of Communities investigation uncovered significant breaches of the Education and Care Service National Law (Western Australia) Act 2012 and the matter was referred to SAT.
On 28 August 2023, SAT ordered the Approved Provider of The Learning Sanctuary Kings Square pay the maximum penalty of $50,000 for contravention of clause 165(1) under the Act, for an offence relating to the inadequate supervision of a child, along with a record $40,000 penalty for contravention of clause 167(1) under the Act, for failing to take reasonable precaution to protect a child in the care of the service from harm and from any hazard likely to cause injury.
Alarmingly, at the same time the critical incident occurred, another child was left unsupervised in the kindy room for approximately 1 minute and 43 seconds. This child was unharmed.
In 2021, the Approved Provider of The Learning Sanctuary Kings Square was issued with three previous Compliance Notices which also related to inadequate supervision incidents. While several measures were put in place initially to address those compliance notices, the Approved Provider did not maintain the appropriate measures as required by National Law that could have prevented this incident from occurring.
Quotes from Angelo Barbaro, A/Executive Director, Regulation and Quality, Department of Communities:
"This incident clearly demonstrates the catastrophic consequences that inadequate supervision practices can have if policies and procedures are not followed.
"Approved Providers of early education and care services hold an unmitigable obligation to uphold the very highest standards of care and supervision, to ensure child safety and wellbeing is prioritised.
"This incident was highly distressing for the child, family and all children and staff present. This very easily could have resulted in a death.
"Approved Providers need to ensure that their service staff focus on active supervision of children in their care rather than being involved in routine tasks around the service. It is incumbent on the Provider to ensure that audits and checks are regularly conducted to ensure staff practices reflect procedures."
Media Contact: Chris Abbott – 0466 651 540
