Queensland educator fined after continuing to work after being prohibited

A Queensland educator was fined $2,000 and ordered to pay $2,000 in court costs recently for continuing to work in an early childhood service after being prohibited by the Early Childhood Regulatory Authority (RA).

Educators are prohibited when the RA believes they may pose an unacceptable risk of harm to a child or children and it is an offence under the National Law for approved providers to engage a prohibited person.

Between 8 December 2021 and 21 February 2022, the educator continued to work, contrary to a prohibition notice issued on 8 December 2021 which prohibited them from:

• providing education and care to children for an education and care service
• being engaged as an educator, family day care educator, employee, contractor or staff member of, or volunteer at, an education and care service
• carrying out any other activity relating to an education and care service.

The department, as the RA, took legal action in the Brisbane Magistrates Court against the educator for failing to comply with the prohibition notice.

The educator pled guilty to one charge of contravening a prohibition notice which is an offence under the National Law.

“This is an important reminder to educators that prohibition is a serious matter and the terms of a prohibition will be enforced by the RA,” a statement from the Queensland Department of Education read. 

The RA said it will continue to work with approved providers to ensure that prohibited persons are not able to be employed, or remain employed, in the sector.

Approved providers should have initial recruitment and ongoing employment processes to ensure all staff are suitable to provide education and care. Read more about checking a person’s prohibition status.