Another bus incident in WA results in multiple fines for LDC provider

Freya Lucas

Oct 27, 2023

Save

A long day care (LDC) service in Western Australia has been given multiple fines in relation to an October 2022 incident in which a five year old child was left on a bus outside the service for more than half an hour.

The child was found by another parent when they attended the service to collect their child, having been left alone and unsupervised on the bus for 31 minutes.

In response to the incident the provider was ordered to pay $15,000.00 by the State Administrative Tribunal for contravening Section 165(1) of the Education and Care Service National Law (WA) Act 2012, for an offense relating to the inadequate supervision of a child.

An additional $7,500.00 was applied for contravening Section 167(1) of the Education and Care Service National Law (WA) Act 2012 for an offense relating to the protection of children from harm and hazards.

Through the course of the investigation it was found that the service did not meet minimum staffing requirements on the day in question, and that the provider had failed to notify the Regulatory Authority that a serious incident had occurred.

As a result, the approved provider was given an additional $2,500.00 penalty for contravening Section 169(2) of the Education and Care Service National Law (WA) Act 2012 for failing to meet the minimum requirements of the number of qualified staff working directly with children, along with a further penalty of $4,000.00 for their failure to notify the Regulatory Authority that a serious incident had occurred at the service, within the required timeframe, a contravention of Section 174(2)(a) of the Education and Care Service National Law (WA) Act 2012.

“Inadequate supervision continues to be a major concern within the education and care sector, despite numerous media releases and notifications sent directly to approved providers and services by the Department,” Phil Payne, Executive Director, Regulation and Quality, Department of Communities.

Mr Payne acknowledged that the October 2022 incident took place prior to the introduction of new transport regulations on 1 March 2023.

These changes, he said, aim to reduce the risk of children being accidentally left inside vehicles and have been implemented to assist service providers in ensuring that all their staff are aware of and follow their policies and procedures when it comes to supervising children and ensuring they are adequately supervised during school collections and excursions.

Learn more about the regulatory changes here.

Don’t miss a thing

NSW Early Learning Commission conducts 220 unannounced visits

More than 100 regulatory officers conducted unannounced inspections at over 220 early learning services in a single-day compliance operation, as the NSW Early Learning Commission intensifies oversight across the sector.

Failing the Most Vulnerable: Two WA Childcare Providers Penalised Over Supervision Breaches

In February the Western Australian State Administrative Tribunal handled two separate disciplinary proceedings brought by the CEO of the Department of Communities against out-of-school-hours care (OSHC) providers. Both cases highlight critical failures in active supervision, particularly concerning highly vulnerable children diagnosed with autism who managed to wander away from their respective services unnoticed.

What Can Australia Learn from Ontario’s Child Care Ratios?

As workforce pressures continue to shape early childhood education and care (ECEC) policy discussions in Australia, international comparisons provide useful perspectives. Canada’s approach, particularly in Ontario, offers a case study in how educator-to-child ratios, maximum group sizes and qualification requirements can be legislated as an integrated framework.

National Early Childhood Worker Register: commencing 27 February 2026

The introduction of the National Early Childhood Worker Register from the 27 February, has signalled a significant shift in workforce oversight across early childhood education and care (ECEC).

Regulation 168: do you understand your leadership responsibilities

Regulation 168 of the Education and Care Services National Regulations is not a policy checklist. For approved providers and nominated supervisors, it is a test of governance capability, risk oversight and leadership influence. The critical question is not whether policies exist, it is whether leadership understands how to review, embed and monitor them effectively.

NSW Early Learning Commission conducts 220 unannounced visits

Failing the Most Vulnerable: Two WA Childcare Providers Penalised Over Supervision Breaches

What Can Australia Learn from Ontario’s Child Care Ratios?

National Early Childhood Worker Register: commencing 27 February 2026

The introduction of the National Early Childhood Worker Register from the 27 February, has signalled a significant shift in workforce oversight across early childhood education and care (ECEC).