Child safety and accountability in early childhood education

Readers should be aware that this story discusses distressing footage. Please consider your own circumstances before continuing to engage.

 

Recent media reporting has uncovered deeply distressing incidents involving a former educator at an Affinity Education Group service in New South Wales.

 

Footage aired by the ABC’s 7.30 Report shows a child being struck by an educator, who then appears to laugh while filming the act for social media. Readers 

 

Reports have cited over 1,700 regulatory breaches across Affinity services in NSW between 2021 and 2024, including serious matters involving harm or risk of harm to children.

 

In response, Affinity’s CEO, Tim Hickey, issued a media statement expressing deep regret. He reiterated the organisation’s zero-tolerance policy for child harm and outlined their commitment to cooperation, accountability, and long-term reform.

 

Affinity has acknowledged past failings and has committed to working closely with regulators, families, and staff to regain trust and strengthen internal systems.

 

Sector reflection and collective responsibility

 

The early childhood education and care sector is built on trust, care, and the fundamental rights of children. Incidents such as this have a profound impact not only on the children and families directly affected, but also on the many educators, leaders, and advocates who dedicate their professional lives to safeguarding and supporting young children.

 

Alongside the grief and reflection these events provoke, it is important to recognise that across the country, thousands of early childhood professionals uphold the highest standards of care with deep commitment, compassion, and integrity. Their work reflects the very best of what this sector stands for.

 

These events highlight the importance of ongoing dialogue, accountability, and action based on:

 

• Reaffirm commitment to child safety as the non-negotiable foundation of early education;
• Ensure strong, transparent, and enforceable safeguarding practices at every level of early learning organisations;
• Foster a culture where speaking up is not just possible, but actively encouraged and supported;
• Advocate for regulatory systems that are proactive, not reactive, and that prioritise the safety and dignity of children above all else.

 

Working with children checks

 

The current system for Working with Children Checks (WWCC) is critical but fragmented, with state-based differences that may hinder swift, consistent action against those unfit to work with children.

 

As of September 2022, changes to the NSW Working with Children Check enabled authorities to access a national database of individuals barred from child-related work. This National Reference System, operated by the Australian Criminal Intelligence Commission (ACIC), was developed to strengthen cross-jurisdictional checks.

 

While this is a step forward, recent events reinforce the need for a comprehensive national review of WWCC processes, stronger alignment across states and territories, and harsh penalties or immediate revocation of clearances for individuals who breach national regulations and laws, especially where children’s health, safety, and wellbeing are at risk.

 

Government action and policy reform

 

These events highlight a critical moment for governments at both state and federal levels to take coordinated, proactive steps, including:

 

• Mandating national consistency in Working with Children Checks and ensuring automatic disqualification for individuals who breach safety regulations in any jurisdiction;
• Introducing legislative reform that enables swift disciplinary action and permanent disqualification for individuals found to have harmed or endangered children in regulated care settings;
• Increase the investment in sector regulation, compliance monitoring, and independent auditing of approved providers;
• Provide transparent reporting mechanisms and sector-wide data sharing that enable early intervention and risk management;
• Partnering with the sector to build a national child safe workforce strategy that strengthens training, leadership, and accountability from the ground up.

 

Stronger oversight in ownership and service transfers

 

There is a growing need to strengthen the regulatory oversight of approved providers involved in the sale, purchase, or transfer of early learning services. 

 

Under the Education and Care Services National Law and National Regulations, approved providers must be deemed fit and proper persons and demonstrate the capacity to operate services in accordance with the law. However, current frameworks may not sufficiently assess the compliance history, governance capabilities, or safeguarding culture of individuals or entities acquiring centres particularly during periods of rapid growth or portfolio changes.

 

Importantly, Section 62 of the Education and Care Services National Law Act 2010 grants Regulatory Authorities the power to intervene in a transfer of service approval if there are concerns about:

 

• The receiving approved provider’s capability to operate the service, particularly with respect to financial capacity and management capability, as well as any other matters deemed relevant;
• The compliance history of the receiving provider, including performance in relation to any other education and care service operated previously or concurrently;
• Any other matter relevant to the transfer of service approval (Education and Care Services National Law, Section 62(1).

 

Given this recent report by the ABC 7.30 Report and other related incidents, there is a need for more consistent application of Section 62 of the Education and Care Services National Law to ensure that service approvals are not transferred to individuals or entities with a poor compliance history or limited capacity to operate high-quality, safe education and care services.

 

Sector leaders, peak bodies, and advocacy groups can support efforts to strengthen legislative and regulatory mechanisms that:

 

• Require rigorous due diligence for incoming providers;
• Enforce transitional conditions or oversight measures in cases involving identified risks, such as high-risk or multi-site acquisitions;
• Refuse service transfers where concerns exist about a provider’s prior conduct or governance.

 

Need support?

 

If this story has raised concerns for you, contact:

 

• National Child Abuse Helpline (Bravehearts): 1800 272 831
• Kids Helpline: 1800 55 1800
• Lifeline: 13 11 14