Sector Update 

Supervision Critical

Record penalty ordered for Perth service that left a child unsupervised and requiring life-saving CPR

The Learning

Section 165 of the Education and Care Services National Law (WA) Act 2012 (the National Law) requires Approved Providers of an education and care service must ensure that all children being educated and cared for by the service are adequately supervised at all times. Section 167 of the National Law requires every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.

To sustain a safe environment for children, Approved Providers must ensure children are always supervised. Effective supervision is the most important element in the safe provision of a learning environment. A range of resources and information relating to supervision is available on the Education and Care Regulatory Unit webpage including a ‘Supervision of children self-assessment tool’.

The Incident

In 2022, a critical incident occurred after two children were left unsupervised outdoors, playing with a skipping rope at The Learning Sanctuary Kings Square (G8 Education Limited).

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 emergency CPR. After 18 chest compressions were applied the child began breathing and regained consciousness.

A subsequent Department of Communities investigation uncovered significant breaches of the National Law and the matter was referred to the State Administrative Tribunal (SAT).

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. Thankfully this child was unharmed.

In 2021, the Approved Provider of The Learning Sanctuary Kings Square was issued with a Compliance Notice following three supervision related incidents. Despite several measures being put in place to address this compliance notice, the Approved Provider did not ensure that these measures were implemented on an ongoing basis.

The Penalty

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  National Law, 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 National Law, 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.

This is the first time in Australia a maximum penalty has been handed down for breaches relating to inadequate supervision, sending a clear warning to all Approved Providers that child safety is paramount.

Quotes from Angelo Barbaro, Acting 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 incident very easily could have resulted in the death of a young child at an education and care service.

'Despite ECRU providing information to the sector regarding the importance of active supervision, we continue to see cases where inadequate supervision has put children at risk. There are likely to be several other cases going before the SAT in coming months.

“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 at the service to ensure staff practices reflect procedures.”