$36,000 penalty issued for vehicle supervision breach and safety failures

A Western Australian early learning provider Amity Early Learning has been penalised following serious lapses in supervision, child safety and first aid compliance, with a 7-year-old child left unattended in a vehicle following an excursion.

The State Administrative Tribunal (SAT) has ordered Amity Early Learning Pty Ltd, approved provider of Kids Academy Early Learning Centre and OSHC, to pay a total of $36,000 after being found in breach of sections 165(1) and 167(1) of the Education and Care Services National Law (WA) Act 2012. These sections relate to failure to ensure adequate supervision and failure to take every reasonable precaution to protect children from harm or hazards likely to cause injury.

The enforcement action followed a Department of Communities investigation into a 20 January 2025 incident in which a child was left on board a vehicle after returning from an excursion. The child was later found unharmed, but the situation posed a significant risk, particularly given the known dangers of exposure in hot vehicles.

The investigation also found that the provider breached regulation 136 of the Education and Care Services National Regulations 2012 by failing to ensure a staff member with a current first aid qualification was present at the service.

Angelo Barbaro, Executive Director Regulation and Quality at the Department of Communities, underscored the gravity of the situation.

“Even the smallest breach of risk management processes can have fatal consequences,” Mr Barbaro said.

“Hot vehicles are incredibly dangerous, and tragically we have seen similar incidents result in the death of children.”

“Approved providers are required by law to have policies and processes regarding transportation of children. To avoid being penalised, every effort must be made by staff to ensure that all children are accounted for when entering or exiting a vehicle.”

In addition to the penalties, the provider was ordered to pay $2,000 in legal costs.

This case reinforces the need for robust systems and clear lines of responsibility around excursions and transport. Under Regulation 168(2)(ga), services must have policies and procedures in place for the safe transportation of children, including risk assessment and staff training.

First aid compliance also remains a non-negotiable requirement, with Regulation 136 mandating that at least one staff member with a current approved first aid qualification is in attendance at all times when children are being educated and cared for.

To read the full SAT order, visit here.