SA Regulatory Authority takes unusual step of issuing emergency action notice 

The Education Standards Board (ESB), which serves as the South Australian Regulatory Authority for the early childhood education and care (ECEC) sector, has taken the rare step of issuing an Emergency Action Notice pursuant to s 179 of the National Law against a long day care (LDC) service in the suburb of Blair Athol. 

The service, which is part of a broader network of LDC centres in Victoria, New South Wales, Queensland, South Australia, Western Australia and the Australian Capital Territory, has been forced to close whilst a number of concerns and issues are addressed. 

The centre is the only one owned by the approved provider in SA, with the bulk of its network spread across other states. According to the approved providers website, five more of its services in SA are due to open soon, however the ESB is likely to take into account the issues at the Blair Athol centre when determining the suitability of the company before granting future licences. 

The matters giving rise to the emergency action notice being issued included:

• offence relating to protection of children from harm and hazard pursuant to s 167 of the National Law

• needs for sleep and rest of children pursuant to r 84A of the National Regulations

• premises, furniture and equipment to be safe, clean and in good repair pursuant to r 103 of the National Regulations

• outdoor space is enclosed by a fence or barrier pursuant to r 104 of the National Regulations.

Emergency Action Notices are issued to services when the ESB is satisfied that a service is “operating in a manner that poses an immediate risk to the safety, health or wellbeing of children attending a service”, and requires action to be taken in 14 days or less to “remove or reduce the risk”. 

Speaking about the matter with ABC Radio journalist Rory McClaren, South Australia’s Education Minister Blair Boyer  said it was “very rare” for a centre to have to close, and the issue was being taken “very seriously,” adding that there were concerns with flooring and “a smell that needed to be investigated”.

“These are pretty serious things for a space that is there to care for our youngest South Australians,” he said.

“Although I understand this will have caused real inconvenience for the families of Blair Athol who needed to access childcare — and no doubt concern around the things that have been highlighted that needed fixing — I would point to the fact that we are onto it and have taken really strong action here to make sure that these things are fixed, and made a point that we won’t put up with situations like this,” he continued.

“When they arise we’ll make sure we use the powers available to us under the Act to make sure they’re fixed.”

A parent who was formerly using the service also spoke with ABC Radio Adelaide, saying that the issues were longstanding, and that the service had “gone downhill rapidly” since transitioning to ownership under its current provider. 

“I think they had the centre manager and four other staff leave in one week,” she said.

The approved provider issued a statement to ABC News which read, in part, that the health and safety of children remains its top priority, and that parents would not be charged during the closure period, further indicating that the service would be re-opening on Friday 7 February 2025. 

“Due to necessary maintenance, we have temporarily closed our service to ensure a safe and high-quality environment for all until we rectify the maintenance,” the approved provider noted.

The Education Minister cautioned that the ESB would make the determination about when the service would reopen, and that the service would not be granted permission to do so until the Regulator was satisfied that all the conditions had been met. 

To access the statement from the ESB see here. Local coverage of this story is available here.