Childcare provider fined $20,000 for employing prohibited worker

Newly published NSW prosecution records detail a provider’s failure to check prohibition status and a separate educator’s conviction for working while prohibited.

A childcare provider was fined $20,000 after continuing to employ a prohibited worker, despite learning that the person’s Working with Children Check had been suspended. The provider questioned the worker but did not contact a regulatory body or check ACECQA’s portal for active prohibitions.

The NSW Early Learning Commission published the outcome on 15 October 2026, alongside a separate prosecution involving an educator who worked while prohibited. The convictions occurred in May and April respectively, with records published after proceedings and applicable appeal processes concluded.

“The Worker Register does not replace existing screening requirements,” ACECQA states in its current guidance for approved providers. The guidance reinforces the continuing requirement for providers to undertake their own screening checks.

Provider failed to independently check worker’s status

Holsworthy Long Day & Occasional Childcare Centre Inc was convicted in Liverpool Local Court on 4 May 2026 of engaging a staff member subject to a prohibition notice. The person had been employed since about December 2023, before the regulator issued the notice on 9 February 2024.

In about April 2024, the provider became aware that the worker’s Working with Children Check had been suspended. According to the regulator’s summary, it made enquiries with the person but did not pursue the matter with a regulatory body or search ACECQA’s portal for an active prohibition.

In October 2024, a provider representative signed an employer or supervisor reference for the person’s new Working with Children Check application. The person continued to work at the service as at 7 January 2025, although they had not worked directly with children since 25 October 2024.

Educator obtained work at two family day care services

In the separate prosecution, Jeyalucksumi Kulaweerasingam was convicted in Parramatta Local Court on 8 April 2026 of four offences. These comprised two offences of providing education and care while prohibited and two of giving false information about a prohibition notice.

The regulator issued the notice on 13 November 2023. During March and April 2024, Ms Kulaweerasingam denied its existence when seeking employment with two family day care services and obtained work at both.

She cared for children on two dates at the first service and over 10 days at the second, including eight occasions involving effectively a full day of care. The court imposed a two-year conditional release order for working while prohibited and fines totalling $2,250 for giving false information.

Worker Register does not replace screening duties

Under section 188 of the National Law, approved providers must not engage a person if they know, or ought reasonably to know, that a prohibition notice is in force. This duty extends to employees, contractors and volunteers, as well as educators.

Prohibition status and Working with Children Check status require separate verification. ACECQA’s guidance requires providers to search the Prohibited Persons and Suspended Educators Register before employing or engaging someone, with possible matches referred to the relevant regulatory authority for confirmation.

The National Early Childhood Worker Register began on 27 February 2026, after the conduct in both cases. It automatically checks new entries for possible prohibition matches, but does not replace pre-employment searches or link to Working with Children Check systems. Providers must continue verifying clearance status through existing processes.

The prosecution summaries are available through the NSW Early Learning Commission, with screening information available through ACECQA’s Worker Register guidance.