Approved provider fined after child escapes service twice in one day

In one of the most serious child safety enforcement actions this year, the approved provider for Day One Early Learning, Morayfield, has been fined $13,500 following a distressing incident where a three-year-old child escaped the service twice in a single day.

The incident occurred on 4 August 2023, when the child climbed a perimeter fence and was missing for approximately 30 minutes before being found, alone in the middle of a busy road, by a member of the public. Startlingly, staff were unaware the child was missing until the member of the public returned them to the service.

After the child was returned, they climbed the same fence a second time, again exiting the premises unnoticed. While the child was unharmed, the risks posed were substantial and could have resulted in serious injury or death.

Following an investigation by the Queensland Department of Education, which acts as the state’s early childhood regulatory authority, Monique Chelin Pty Ltd pleaded guilty to:

• Section 165(1) of the Education and Care Services National Law (Queensland) – Offence to inadequately supervise children
• Regulation 99(1) of the Education and Care Services National Regulations – Children leaving the education and care premises

Magistrate Julian Noud, presiding over the matter on 15 December 2025, described the incident as particularly serious due to:

• The extended period the child was missing
• The lack of staff awareness
• The known risks associated with the perimeter fence

Despite previous efforts to manage the fence risk through supervision, the court found this approach inadequate.

The provider was fined $13,500, with an additional $2,000 in costs, though no conviction was recorded.

The Queensland Regulatory Authority has flagged outdoor space and incident prevention as key regulatory priorities, especially as services manage large outdoor play areas with climbing equipment and fencing challenges. The National Law and Regulations require approved providers to ensure adequate supervision at all times (s.165), and that children are not permitted to leave the premises unless authorised (r.99).

Approved providers are reminded that any breach of supervision or perimeter control may trigger enforcement action, especially where child safety or wellbeing is placed at serious risk.

For more on how to meet compliance obligations, visit the Queensland Department of Education’s Regulatory Priorities page or access guidance via the National Quality Framework.

This prosecution is published on the Queensland Department of Education’s enforcement register, providing transparency on regulatory action and reinforcing the Department’s commitment to child safety.