Sector Update 

Four-year-old found running on the road whilst attending a Byford education and care service

November 2025

The Learning

The importance of approved providers implementing a system to ensure that staff follow policies and procedures cannot be taken too lightly. It is essential that policies and procedures are adhered with, to ensure the continual safety of children. Failure to adequately supervise children can have potentially fatal consequences.

It is concerning that incidents involving inadequate supervision continue to occur. A range of information has previously been shared with the education and care sector to raise awareness of the danger and prevention strategies.  These have included media statements and notifications, along with presentations on supervision. 

Approved providers should review their systems regularly.  The following resources may assist:

• Think It Through short video about active supervision
• Active supervision factsheet with tips and reminders for providers, services and service staff. 
• 6 Reasonable steps to ensure staff follow policies and procedures a resource developed by ACECQA.
• Policies and procedures: Not just a tick and flick a resource developed by the Queensland Government Early Childhood Education and Care.

Meeting the “under-the-roof” ratio requirements in no way constitutes or guarantees adequate supervision of children. Providers must set staff numbers according to the risks. Service providers are urged to refer to the Department’s website referencing ‘The Swiss Cheese Risk Model’ to assist in appropriately addressing risk.

Ensuring staff are present and directly supervising children greatly reduces the risk of a serious incident occurring.

The Incident

A Department of Communities investigation found that in November 2024, a four-year old child left Cuddles Early Learning and Childcare Byford, unsupervised and was found outside of the service. 

Witnesses to the incident reported cars were driving around the child who was running on the road presenting extreme risk to the child.  From CCTV footage obtained, the child can be seen running up a busy road and a number of vehicles stopped on the road due to this. One vehicle is seen to pass the child whilst he is running up the road.

The child was unsupervised outside the service for approximately five minutes.  The service staff did not see the child leave and were unaware of the child's absence until a passerby returned the child to the service.

Whilst the service was within the required educator to child ratio, one relief educator was left in the kindy outdoor area alone with approximately 17 children.  The other educators who were counted in the ratio were doing other tasks and speaking with parents.

The Penalty

The approved provider, Cuddles Childcare Centre Byford Pty Ltd, was ordered to pay a total of $53,000 including costs by the State Administrative Tribunal for contravening the Education and Care Services National Law (WA) Act 2012.  

SAT ordered Cuddles Childcare Centre Byford Pty Ltd to pay:

• $25,000 for contravening Section 165(1) of the National Law, for an offence relating to the inadequate supervision of a child.
• $25,000 for contravening Section 167(1) of the National Law, for an offence relating to the protection of children from harm and hazards.

More information on the SAT order is available on the eCourts website.