OSHC convicted over serious breaches in supervision and safety obligations

Approved provider OSHClub Pty Ltd has been convicted of two offences under the Children (Education and Care Services) National Law (NSW), following significant failures in child supervision and safety at its Kellyville Ridge OSHClub service in July 2024.

The convictions, recorded on 28 July 2025 in Blacktown Local Court, stem from two separate incidents where children were left unsupervised, with one child exiting the service and walking approximately 1 kilometre alone before being retrieved by NSW Police.

The Early Childhood Education and Care Regulatory Authority initiated prosecution action under the following sections of the National Law:

• Section 165(1) – failure to ensure children are adequately supervised at all times; and
• Section 167(1) – failure to take every reasonable precaution to protect children from harm or hazard.

While no penalty was imposed for the supervision breach under section 165(1), OSHClub Pty Ltd was fined $5,000 for the section 167(1) offence relating to failure to protect children from harm.

The court heard that on 21 July 2024, a child exited the service premises unsupervised and unaccompanied.  The child’s whereabouts were not actively monitored for over an hour, highlighting significant lapses in staff attention and compliance with supervision requirements.

OSHClub also failed to prevent the child from leaving the premises and did not provide any form of supervision between 3:06pm and 4:33pm well beyond the timeframe required for immediate follow-up and risk mitigation.

A second incident, on 31 July 2024, involved further compliance failures:

• The child’s presence on site was not recorded accurately.
• Staff did not follow the service’s established procedures for sign-in and managing absent or missing children.
• Staff were not adequately trained on appropriate response timeframes or supervision protocols, particularly during transitions.

The Regulatory Authority found that reasonable precautions were not taken to prevent harm, a key requirement under section 167 of the National Law.

This case serves as a timely reminder to early childhood education and care services of their legal obligations under the National Law and National Regulations. Providers must ensure:

• Supervision is active, vigilant and continuous
• Transitions and sign-in procedures are strictly followed
• All staff are trained in emergency and compliance protocols

Maintaining compliance with the National Quality Framework (NQF) is essential not only for regulatory standing but also for safeguarding children’s wellbeing.

For full publication details, visit the NSW Department of Education’s Regulatory Compliance website.