Faulty lock and unsecured gate leads to $15,000 fine for Coorparoo service

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Freya Lucas

Jul 23, 2024

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The approved provider of a long day care service in the Queensland suburb of Coorparoo was recently fined $15,000 plus $1,851.40 in costs after a two year old left the premises and was found wandering in the road by a passerby.

The child was away from the service for approximately 30 minutes, and was able to leave the premises via a gate which was unsecured and which had a faulty lock.

After leaving the centre the child was found by a community member who contacted the police, waiting with the child until help arrived.

In investigating the incident the Department of Education, as the Early Childhood Regulatory Authority, prosecuted the service's approved provider in relation to the 18 January 2023 incident, with the approved provider pleading guilty to four charges, namely:

Section 165 of the National Law—Offence to inadequately supervise children
Section 167 of the National Law—Offence relating to protection of children from harm and hazards
Regulation 99 of the National Regulations—Children leaving the education and care service premises
Regulation 103 of the National Regulations—Premises, furniture and equipment to be safe, clean and in good repair.

The fine of $15,000, a Departmental comment noted, reflects the seriousness of these offences and that these types of incidents could result in a child's serious injury or death.

Magistrate Joseph Pinder considered the matter at a hearing on Friday 19 July 2024, concluding that the incident posed a high risk to the child, and that the risk was one which could have easily been mitigated.

Magistrate Pinder also acknowledged that approved providers “need to take their obligations under the National Quality Framework seriously.”

The Regulatory Authority noted that it will continue to work with the early childhood sector to promote supervision and safe environments for children.

If an Approved Providers' steps to ensure children's health and safety are inadequate, the Regulatory Authority will not hesitate to take appropriate action.

This prosecution, the Regulatory Authority said, sends a strong message to approved providers that they have an overriding responsibility to ensure children are adequately supervised and protected from harm and hazard.

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