Batemans Bay early learning service reopens following compliance suspension

A Batemans Bay early learning service has reopened after a three-month suspension imposed by the NSW Early Learning Commission, highlighting the role of regulatory oversight and remediation in maintaining quality and safety in early childhood education and care.

A Batemans Bay early learning service has resumed operations after its service approval was suspended for almost three months due to safety and compliance concerns.

The NSW Early Learning Commission suspended the approval of Surfside Kidz in December 2025 after identifying issues including poor supervision, staffing concerns, and maintenance and cleanliness problems at the premises.

Regulators determined that the issues posed an immediate risk to children.

Following several months of remediation work, the service reopened on Monday 2 March under strict regulatory conditions designed to support safe and compliant operations.

As part of the decision to lift the suspension, the Commission has imposed additional operating conditions on the service.

These include requirements to:

• operate with one educator above the required educator-to-child ratio at all times
• submit weekly attendance records for children and educators to the Commission for three months
• limit enrolments to a maximum of 25 children until an Early Childhood Teacher has been employed and retained for six consecutive months
• ensure the approved provider, nominated supervisors and educators complete additional training related to child safety.

The Commission confirmed that these conditions will be monitored through regular reporting and unannounced regulatory visits.

Acting NSW Early Learning Commissioner Daryl Currie said the reopening followed significant work by the provider to address the concerns raised by regulators.

“It is pleasing for us to be able to lift this service’s suspension as a result of the service demonstrating a genuine effort to improve quality and protect children,” Mr Currie said.

“We know how important quality early learning services are for families, and the Commission is committed to supporting safe services to keep their doors open.”

Mr Currie noted that enforcement action will continue where minimum regulatory standards are not met.

“Where services fail to meet minimum standards, we will take action, however this is a positive story of a provider taking action to improve outcomes for children.”

Under the Education and Care Services National Law, regulators may impose conditions on a service approval where additional safeguards are required to protect children’s health, safety and wellbeing.

Conditions require providers to operate above the standard requirements of the National Quality Framework, and may be used alongside other compliance tools including improvement notices, suspensions or cancellations.

While service suspensions remain relatively uncommon, the case highlights the importance of strong governance and compliance systems within early childhood education and care services.

Supervision practices, staffing arrangements and safe premises management remain central to regulatory oversight and children’s wellbeing.

The Batemans Bay service’s reopening demonstrates that while enforcement action may be necessary when risks are identified, remediation and strengthened oversight can enable services to resume operations.