WA provider fined $50,000 for supervision failures after child leaves service unsupervised

Cuddles Childcare Centre Byford Pty Ltd, operator of Cuddles Early Learning and Childcare Byford, has been penalised $50,000 after a child left the service unaccompanied due to inadequate supervision.

The State Administrative Tribunal found that the approved provider had contravened sections 165(1) and 167(1) of the Education and Care Services National Law (WA) Act 2012, relating to supervision and child safety.

The incident, which occurred on 29 November 2024, involved a child who left the service without staff knowledge and remained unsupervised outside the premises for approximately five minutes. At the time, the outdoor kindy area was being supervised by a single relief educator responsible for around 17 children.

Despite the service operating within required educator-to-child ratios, the tribunal determined that this staffing arrangement did not constitute adequate supervision. It also concluded that the provider had failed to take every reasonable precaution to protect children from harm or hazards likely to cause injury.

Following a Department of Communities investigation and subsequent legal proceedings, the provider was ordered to pay:

• $25,000 for failing to ensure adequate supervision (section 165(1))
• $25,000 for failing to take reasonable precautions to protect children from harm (section 167(1))
• $3,000 in legal costs to the Department

Angelo Barbaro, Executive Director, Regulation and Quality at the Department of Communities, said the incident highlighted the need for services to assess supervision beyond ratio compliance.

“Meeting the ‘under-the-roof’ ratio requirements in no way constitutes or guarantees adequate supervision,” Mr Barbaro said.
“Providers must set staff numbers according to the risks, and ensure staff are present and directly supervising children. This will reduce the risk of a serious incident occurring.”

Mr Barbaro emphasised that it is the responsibility of the approved provider to ensure both appropriate staffing levels and that staff consistently implement supervision policies and procedures.

More information about the decision is available via the eCourts website.