Inexperienced educator, incorrect formula and anaphylaxis leads to $24,000 fine 

An early childhood education and care (ECEC) approved provider in Queensland has been fined $24,000 after an inexperienced educator was left with five babies aged between 11 and 15 months while the lead educator was taking a lunch break. 

The educator fed one of the children the incorrect baby formula which led to the child having an anaphylactic reaction. The child was given an epinephrine injection at the service before the child and their mother were transported to hospital by ambulance, where they made a full recovery. 

No conviction was recorded in relation to the incident, which took place in December 2022. 

Magistrate Sue Ganasan also awarded $1,351.40 in costs to the Queensland Department of Education, which serves as the regulatory authority for the state, after agreeing with the investigation into the incident which found that the educator concerned was not adequately inducted or trained in relevant service policies and procedures.

Ultimately the approved provider was prosecuted for failing to: 

1. ensure children are adequately supervised
2. protect children from harm and hazards likely to cause injury
3. ensure staff follow the service’s policies and procedures.

The approved provider pled guilty to the three charges, with the Magistrate taking into account the ‘otherwise good’ compliance history of the service, but adding that while the service had policies and procedures in place, this was not in itself a sufficient mitigation without adequate training to ensure their use.