Approved provider faces court over 2022 fatality

Freya Lucas

Sep 26, 2024

Save

An early childhood education and care (ECEC) provider in Queensland has faced Maryborough Magistrates Court in relation to a July 2022 fatality.

Before continuing with this story, readers should be aware that it discusses the death of a child, and that this information may be distressing. Readers should consider their own wellbeing before continuing to read this piece.

The child who passed was two years of age, and did not wake up from a nap. As a result of the incident the service was charged with failing to adequately supervise children, with the details of the event shared publicly for the first time during the court hearing on Monday.

Court documents outline the sudden death of the toddler, who was found unresponsive at the centre on July 20, 2022, following his nap. On the day in question the child was in one section of the room, which had been split to cater for sleepers and non sleepers.

The sleep and rest policy for the service at the time of the incident indicated that sleeping children should always be within sight and hearing distance so that educators could assess their breathing and skin colour.

However, on the day in question, the lead educator in the room left for her lunch break at 12 noon, at the same time the sleeping children were put onto their beds.

Three educators rotated in and out of the room during the rest period, which ran from 12 noon to 2pm. It is important to not that at this juncture that none of the educators allocated to the room at the time of the incident have been charged.

Between 2pm and 2:15pm all educators were on the ‘active’ side of the room, the court documents indicate, leaving children on the ‘sleeping’ side of the room unsupervised.

At around 2:15pm the lead educator directed one of the other educators to turn the lights on in the sleeping space. On doing so, the educator observed that the young boy was face down on the bed and unresponsive.

The documents note that at that time, no part of his skin was visible. The child, according to court documents, was unsupervised at the time of his death, had been put to bed wearing both a hat and a hooded jumper, something which had the potential to cause harm.

The matter has been adjourned until October 21, 2024.

To access local coverage of this story please see 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).