Provider fined $37,000 after child supervision and safety breaches in WA

SN Chemello Pty Ltd, trading as Little Legends Yokine, has been ordered to pay $37,000 in penalties and legal costs after the State Administrative Tribunal found the approved provider failed to meet key child supervision and safety obligations.

The matter was finalised on 17 June 2026, following mediation between the Department of Communities and the provider.

The Department alleged that the provider had breached the Education and Care Services National Law by failing to adequately supervise children and failing to take reasonable precautions to protect them from harm and hazards likely to cause injury.

Although the proceedings began under Western Australia’s former National Law framework, the Tribunal noted that the matter could continue under the Education and Care Services National Law Application Act 2026 (WA), which commenced on 1 May 2026.

The Tribunal found proper cause existed for disciplinary action and ordered that, on 28 October 2025, the provider had contravened section 165(1) of the National Law by failing to ensure all children receiving education and care at the service were adequately supervised at all times.

The provider was also found to have contravened section 167(1) of the National Law by failing to ensure every reasonable precaution was taken to protect children from harm and from any hazard likely to cause injury.

SN Chemello Pty Ltd was ordered to pay $20,000 for the supervision breach and $15,000 for the reasonable precautions breach. The provider was also ordered to contribute $2,000 towards the Department’s legal costs.

The decision reinforces the seriousness with which regulators continue to treat supervision and risk management in early childhood education and care settings.

Under the National Quality Framework, approved providers must ensure systems, staffing arrangements, policies and day-to-day practices support children’s safety, health and wellbeing. Supervision is not limited to educators being physically present. It requires active, engaged and responsive oversight that takes account of children’s ages, abilities, activities, environments and individual needs.

Reasonable precautions also require providers to identify and manage foreseeable risks before harm occurs. This includes maintaining safe environments, ensuring educators understand their responsibilities, and reviewing service practices when risks are identified.

For approved providers, the case highlights the importance of embedding supervision and safety expectations across all levels of service operations. Clear policies must be supported by practical implementation, staff training, reflective practice and regular compliance monitoring.

The outcome also confirms that WA proceedings commenced under the former legislative framework can continue under the updated National Law arrangements. This provides continuity for regulatory action and ensures alleged breaches can still be considered despite the transition to the new legislative model.

The case serves as a reminder that child safety remains a central obligation under the National Quality Framework and that failures in supervision or risk management can result in significant regulatory consequences.

Read the full report and findings here.