Court finds that monitoring sleeping children by CCTV is inadequate, issues $140k fine

Freya Lucas

Nov 29, 2022

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The approved provider and nominated supervisor of an early childhood education and care (ECEC) service that used CCTV to monitor sleeping children in its under two’s cot room have been fined more than $140,000 after a 16-month-old child passed away whilst in their care.

No physical checks of the children took place for more than three hours on the day that the child passed, with educators instead viewing the CCTV monitor to observe the children. 13 charges were brought against the service and its owner in relation to the incident, including failing to appropriately supervise children, and failure to protect them from harm and hazard.

The cause of death remains unknown, and will be explored in an upcoming coronial inquest, and the service was not levelled with any charges which relate to responsibility for the child’s death.

A log of CCTV footage submitted to the court shows staff put the child down for a nap and placed a blanket on her at 9:02am, but no physical checks occurred until 12.06pm.

At the time, the service policy was to conduct checks every 10 minutes, but that could mean merely monitoring children using CCTV footage.

The parents of the child have called for reform across the sector in response, saying the financial penalties are inadequate, and that “it is very important to know that the system has acknowledged that mistake, that negligence",

During the court proceedings, Magistrate David Price was critical of the NSW Department of Education's knowledge of the use of CCTV to monitor children at the service. A Departmental spokesperson said that since the incident the regulator had "reviewed guidance and [advised] the use of CCTV, audio monitors or heart monitors instead of physical checks is not considered adequate supervision".

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