$12,500 fine issued after 5-year-old exits early learning centre unsupervised

A serious incident at a Queensland early childhood service has prompted renewed focus on supervision, enrolment processes, and support systems for children with additional needs.

FEL Child Care Centres 3 Pty Ltd, trading as Busy Bees at Coorparoo, has been fined $12,500 following a February 2023 incident where a five-year-old child left the premises unnoticed. The child exited via a fire door.

The Department of Education prosecuted the provider for breaches of the Education and Care Services National Law and National Regulations, with the approved provider pleading guilty to four offences:

• Section 165 of the National Law—offence to inadequately supervise children
• Regulation 99 of the National Regulations—children leaving the education and care service premises
• Regulation 170 of the National Regulations—policies and procedures to be followed
• Regulation 177(2) of the National Regulations—prescribed enrolment and other documents to be kept by approved provider

In sentencing, Magistrate Belinda Merrin acknowledged no conviction would be recorded but found that the service had placed the child at significant risk. 

The incident has sparked sector-wide discussion about the adequacy of support systems available to services working to include children with additional needs.

In this case, while Inclusion Support Program (ISP) funding was in place. ISS funding is not allocated to individual children, nor is it designed to provide 1:1 support. Rather, it supports the overall capacity of a service to include children with additional needs, typically through the employment of an additional educator to work across a group of children.

Where a child requires 1:1 supervision, especially across extended shifts of 10 to 12 hours this responsibility and associated staffing cost often falls to the provider, not the family, despite significant systemic barriers to access and coordination, such as the interface with NDIS plans.

The complexity of these arrangements highlights the importance of robust enrolment processes, proactive communication with families, and collaborative planning. Aligning these processes with the Disability Discrimination Act 1992, the National Quality Standard (particularly Quality Area 1 and 2), and inclusive practice principles is essential to ensuring that the rights and safety of every child are upheld.

A spokesperson for the Department of Education emphasised that the outcome “sends a strong message” to all approved providers about their responsibilities. Outdoor supervision, incident prevention, and effective risk management continue to be key regulatory focus areas.

The Regulatory Authority confirmed that when safety systems are found lacking, it will take action to ensure compliance and protect children from harm.

Further details about the case and sentencing can be accessed via the Queensland Department of Education’s website.

For more information on regulatory outcomes, visit the Department of Education’s Register of published enforcement actions.