Class action investigation launched into long day care sector over safety and quality concerns

A national legal investigation into the long day care sector has been launched amid growing concerns about safety, supervision and compliance across Australia’s early childhood education and care system.

Gerard Malouf & Partners (GMP Law), a firm specialising in class actions and personal injury, is gathering evidence from families whose children may have been harmed or placed at risk while attending long day care between 2015 and 2024.

The firm has released a confidential national survey and is inviting families to share experiences that may form the basis of a class action. The investigation focuses on services where children may have experienced inadequate supervision, poor-quality care or breaches of safety and regulatory standards.

A turning point in public scrutiny

The investigation follows a March 2025 episode by Four Corners, which revealed confronting allegations of systemic failings in the $20 billion early childhood education and care (ECEC) sector.

The program drew on more than 2,000 pages of documents tabled in the New South Wales Parliament, released following a successful order by NSW Greens MP Abigail Boyd. These documents outlined serious incidents across services between 2020 and 2024, including:

• Children sustaining fractures, dislocations, burns and haematomas
• Reports of inappropriate sexual behaviour between children
• Centres exceeding their licensed capacity by up to 40 per cent
• Allegations of childcare subsidy fraud

The disclosures led to the establishment of a NSW Parliamentary Inquiry in March 2025 and have prompted renewed calls for a national Royal Commission and the creation of an independent Early Childhood Commission.

GMP Law has indicated that the consistency of concerns emerging from families suggests the issue may extend beyond isolated incidents.

Focus of the investigation

GMP Law’s investigation is focused on three key areas of concern:

• Child safety: Reports of harm or risk due to inadequate safety protocols
• Supervision and staffing: Concerns about educator-to-child ratios or lapses in supervision
• Quality of care: Services delivering care that failed to meet expected or contractual standards

The survey is designed to help GMP Law assess whether there are grounds to proceed with legal action. If initiated, the case may seek compensation under:

• The Australian Consumer Law
• Breach of contract
• Negligence

Sector-wide implications

The class action investigation lands at a moment of intense public and political scrutiny for the ECEC sector, which has undergone significant growth and commercialisation in recent years. For families, it presents an opportunity to be heard. For providers, it adds urgency to conversations about quality, compliance and transparency.

If you accessed long day care between 2015 and 2024 and have concerns about your child’s experience, you can share your story via the GMP Law survey.

To learn more, visit www.gmplaw.com.au.