Early Learning service fined $20,000 after children left premises

Sparrow Nest Early Learning No 4 Pty Ltd, the approved provider of Sparrow Early Learning Yarrabilba, has been fined $20,000 following a successful prosecution relating to supervision and child safety failures.

The prosecution followed an incident in which three children were missing from the service, prompting regulatory action under the Education and Care Services National Law (National Law) and National Regulations.

According to enforcement information published by the Queensland Department of Education on the public Register of Published Enforcement Actions, the prosecution related to:

• NL s.165 — offence relating to inadequately supervising children
• NL s.167 — offence relating to protection of children from harm and hazards
• NR r.99 — children leaving the service premises

These provisions sit at the core of child safety obligations under the National Quality Framework (NQF).

Section 165 requires approved providers and educators to ensure children are adequately supervised at all times. Section 167 imposes a broader duty to protect children from harm and hazards. Regulation 99 specifically requires that children do not leave the service premises except in accordance with the Regulations.

Supervision-related offences are treated seriously by regulatory authorities because they go directly to children’s safety and wellbeing.

Failures under:

• s.165 typically relate to active supervision practices, staff deployment, line of sight and risk assessment
• s.167 reflect the overarching obligation to mitigate foreseeable risks
• r.99 address perimeter security, gate and fencing integrity, procedures for excursions, and movement within and beyond service boundaries

When children leave a service unnoticed, the breach is generally considered significant due to the immediate exposure to risk.

Under the National Law, prosecutions are reserved for more serious or systemic breaches. A financial penalty imposed by a court signals that the regulator considered the matter sufficiently serious to warrant judicial determination rather than administrative action alone.

Regulatory authorities across Australia continue to emphasise:

• active supervision practices
• robust risk assessments
• secure physical environments
• clear staff accountability
• ongoing monitoring of policies and procedures

This case reinforces several key responsibilities for service leadership:

• supervision must be intentional and documented
• environmental checks, including fencing, gates and sightlines, require routine review
• staffing patterns must reflect risk areas and children’s developmental capabilities
• policies addressing children leaving the premises must be embedded in practice, not simply held on file

For approved providers and nominated supervisors, the decision serves as a reminder that ultimate accountability rests with governance and operational leadership.

While enforcement outcomes can be confronting, they offer an opportunity for sector-wide reflection. Regular internal audits, supervision mapping and environmental risk reviews remain critical risk mitigation strategies.

Services are encouraged to review their:

• supervision plans
• incident management procedures
• perimeter security checks
• staff training and refresher programs

Child safety obligations under the National Quality Framework are continuous and proactive in nature.

Read the full list of breaches on the Queensland Government, Early Childhood Education and Care website. 

For further sector analysis on governance and leadership obligations, readers may also wish to review:

• Regulation 168: do you understand your leadership responsibilities
• What is missing in the ECEC sector to support proactive crisis management.