Transport supervision in OSHC: lessons from a recent tribunal decision

A recent decision of the Western Australian State Administrative Tribunal has highlighted the importance of robust supervision and transport procedures in outside school hours care (OSHC) services.

CEO of Department of Communities and Young (2013) Pty Ltd t/as Little Rascals Outside School Hours Care [2025] CC 867, the Tribunal considered an incident in which a child was inadvertently left behind at an OSHC service during a morning school transport run.

The case provides an important reminder for approved providers, nominated supervisors and educators about the operational complexities of transporting children and the need for strong systems to support supervision.

The matter was heard by the State Administrative Tribunal in Perth on 25 February 2026, following disciplinary proceedings brought by the CEO of the Department of Communities under the Education and Care Services National Law (WA) Act 2012.

The Tribunal found that the approved provider had contravened two key provisions of the National Law and Regulations:

• Section 165(1) of the National Law, which requires approved providers to ensure that children are adequately supervised at all times while in care.
• Regulation 102E(2) of the Education and Care Services National Regulations, relating to the safe transportation of children.

The Tribunal determined that proper cause existed for disciplinary action and ordered the provider to pay a $17,000 penalty, comprising $15,000 for the breach of section 165 and $2,000 for the breach of regulation 102E. The provider was also required to contribute $2,000 toward the Department’s legal costs.

According to agreed facts presented to the Tribunal, the OSHC service was transporting children to two nearby primary schools as part of its regular before-school care program.

During the morning routine, a child who had arrived earlier fell asleep inside the service. Amid routine operational pressures, including child arrivals, deliveries, medication administration and a change to the service’s usual transport arrangements, the child was inadvertently left behind when the buses departed.

The child remained at the service for approximately 30 minutes before being discovered by an educator returning from the school run. 

The Tribunal also noted that transport documentation incorrectly indicated the child had been accounted for during the bus run.

The Education and Care Services National Regulations contain specific provisions governing the regular transportation of children by centre-based services.

These requirements include ensuring that:

• a staff member or nominated supervisor who is not driving the vehicle is present when children embark transport
• each child embarking the vehicle is actively accounted for
• a record is made confirming how each child has been accounted for and signed by the responsible staff member.

These safeguards are designed to reduce the risk of children being left behind or unaccounted for during transport transitions.

Following the incident, the provider implemented a number of changes aimed at strengthening supervision systems and ensuring compliance with the National Law and Regulations.

These included:

• introducing dual headcounts by two staff members at key transition points
• implementing name-by-name roll calls when children board transport
• strengthening embarkation and disembarkation documentation processes
• updating transport risk assessments and procedures.

The service also introduced additional staff training, revised operational procedures and environmental changes within the centre to improve visibility and reduce distractions during busy periods.

According to the agreed facts before the Tribunal, the provider cooperated fully with the regulatory investigation, accepted responsibility for the incident and demonstrated a commitment to improving safety systems.

Transporting children is a routine activity for many OSHC services, but it also represents one of the most complex operational tasks in the ECEC sector.

Busy morning routines often involve multiple overlapping responsibilities, from managing arrivals and medication to preparing children for school transitions. When procedures rely on a single check or informal verification, the risk of human error increases.

The case highlights the importance of redundant supervision systems, accurate documentation and clear staff responsibilities during transport.

Ultimately, strong procedures help ensure that every child is accounted for during each transition, reinforcing both regulatory compliance and the trust families place in education and care services.