Compliance
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24 ECEC services caught up in EPA investigation into falsified sampling results
Freya Lucas
Jul 29, 2024
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A number of early childhood education and care (ECEC) approved providers have been caught up in an investigation into an environmental consultant who is alleged to have falsified sampling results in a number of environmental reports across New South Wales.
The consultant at the centre of the investigation was engaged by service owners and operators and land developers who needed environmental reports as part of Development Applications for new ECEC services.The investigation was initiated when a laboratory manager contacted the Environmental Protection Authority (EPA) after an EPA accredited site auditor raised concerns with the laboratory about the validity of sampling results contained within a report prepared by the consultant.
This led to the EPA doing further investigations into other reports completed by the consultant.
While no immediate risk to public health and safety have been identified thus far, the EPA has now seized more than 10,000 pieces of data and reviewed 2,460 files, and has found 135 different sites which have been subject to alleged falsified reports, comprising of:
- 24 early childhood education and care services
- 18 residential properties
- 8 industrial/commercial sites
- 1 school
- 84 sites yet to be developed.
It is important to note that the analysis revealed no history of contamination or exposure pathways that could affect people’s health.
As a priority, the EPA has begun visiting the 24 childcare centres to discuss the issues with the operators. Providers impacted include, but are not limited to,:
- Affinity Education Group
- Only About Children
- G8 Education
- Young Academics
- Goodstart Early Learning
- Paisley Park Early Learning
- Little Learners Academy
- Bluey’s Treehouse
- Raising Stars
- Mini Masterminds
- Ingleburn Montessori Academy Early Learning Centre
- Pebbles Early Learning
- Orchard Early Learning
- Kirrawee Montessori Academy Childcare Centre
- Little Zak's Academy
- Whiz Kidz ELC and Preschool
- Roselands Early Learning Centre
Any councils that may have relied on reports produced by the consultant when approving development applications will be notified, and the EPA has pledged to continue to provide advice and support as records are reviewed for the affected sites.
A full list of affected sites and councils that the EPA is working with can be found here. The EPA notes that this ongoing investigation is not related to the investigation of asbestos being found in mulch.
A list of frequently asked questions about the incident may be found here.
The EPA is investigating a range of potential offences for the consultant, including but not limited to alleged breaches of section 144AA of the Protection of the Environment Operations Act 1997 (POEO Act) and section 103 of the Contaminated Land Management Act 1997 (CLM Act), relating to providing false or misleading information.
Following this investigation the EPA will determine the appropriate regulatory action in the circumstances, which could include prosecution.
Breaches of section 144AA of the POEO Act and 103 of the CLM Act can attract maximum penalties for individuals of up to $1 million and imprisonment for 18 months or $250,000 and imprisonment for 18 months respectively.
Anyone in NSW with concerns about contaminated soil being present in an ECEC service is invited to contact the EPA via email at info@epa.nsw.gov.au or their local council for further advice.
As the investigation progresses the EPA will endeavour to update its website with information at 10.30am and 5pm AEST each day. Access these updates here.
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