Extend receives $37,500 penalty after children left unsupervised during OSHC excursion

The State Administrative Tribunal of Western Australia has ordered Extend (Australia) Pty Ltd, trading as Marmion Primary School OSHC-Extend, to pay a $37,500 penalty after finding the provider breached supervision and child safety requirements under the Education and Care Services National Law (WA).

The decision, followed proceedings brought by the CEO of the Department of Communities after an incident during an outside school hours care excursion to Perth Zoo.

The Tribunal accepted that proper cause existed for disciplinary action after the provider admitted contraventions of sections 165(1) and 167(1) of the National Law.

Under the orders, Extend was required to pay $25,000 for failing to ensure children were adequately supervised at all times, and $12,500 for failing to take every reasonable precaution to protect children from harm and hazards likely to cause injury.

The provider was also ordered to pay a $2,000 contribution towards the Department’s legal costs.

Children separated from educator during excursion

According to the agreed facts before the Tribunal, the incident occurred on 16 April 2025 when nine children from Marmion Primary School OSHC attended an excursion to Perth Zoo with one educator.

The group travelled by bus to another Extend OSHC service, where 12 children and three educators joined the excursion. While there were 21 children and four educators in attendance overall, the educators were unaware the services were expected to operate together for supervision purposes and understood the arrangement to be for transport sharing only.

Prior to the excursion, the Marmion educator contacted the provider’s rostering team requesting a second educator. After attempts to locate additional support were unsuccessful, the educator was advised they would need to manage the group without another educator.

Once at the zoo, the two services separated, leaving the educator responsible for supervising the nine children alone.

Between approximately 11.25am and 11.35am, four older children ran ahead while the educator remained with five younger children. The educator later contacted the nominated supervisor and sought assistance from zoo staff to locate the children.

The children were located by a Zoo Visitor Service Officer and reunited with the educator at approximately 12.36pm. CCTV footage confirmed the four children had been walking around the zoo without supervision.

Risk management concerns identified

The Tribunal also considered the provider’s approach to excursion risk management.

The agreed facts noted that Perth Zoo included areas such as a lake and the Australian Wetlands area, which were identified as hazards likely to cause injury to young children without adult supervision.

While the excursion risk assessment identified a number of hazards, including five high risk hazards, it incorrectly recorded that there were no water hazards.

The parties agreed reasonable precautions would have included ensuring the risk assessment accurately reflected all risks, providing additional staffing to support closer supervision, cancelling the excursion rather than proceeding with one educator, and ensuring clear processes were in place when combining services for excursions.

Provider responds with changes

Following the incident, Extend undertook a number of corrective actions, including an internal investigation, staff training, policy reviews and changes to compliance oversight.

The provider delivered more than 210 hours of training across areas including duty of care, risk assessments, effective supervision, child safe environments, safe arrivals and departures, and emergency procedures.

Extend also established a new compliance, regulation, training and audit unit designed to strengthen safety practices across its operations.

The specific service involved in the incident has since closed.

The decision highlights the importance of robust excursion planning, accurate risk assessments and clear communication processes to support children’s safety during education and care activities.

Read the full ruling by the State Administrative Tribunal of Western Australia here.