WA OSHC supervision decision highlights importance of clear boundaries and individual support

A recent Western Australian State Administrative Tribunal decision has highlighted the importance of clearly defined service boundaries, individualised support and active supervision within outside school hours care settings.

Camp Australia Pty Ltd has been ordered to pay a $35,000 penalty after a seven-year-old child with additional needs left the approved area of its Tuart Rise Primary School OSHC service and remained unsupervised for up to 20 minutes.

The Tribunal found that the approved provider contravened section 165(1) of the Education and Care Services National Law (WA) by failing to ensure that all children receiving education and care at the service were adequately supervised.

The incident occurred on 21 March 2025 at the Camp Australia service operating from Tuart Rise Primary School in Baldivis.

The Tribunal also ordered the provider to contribute $2,000 towards the Department of Communities’ legal costs.

According to facts agreed by the parties, the child was signed into the service at approximately 2:47 pm.

The OSHC service operated across designated areas of the school, including an undercover area, nature playground and several approved blocks. Its approved premises did not include an alcove within G Block, located approximately 15 metres from the playground and outside educators’ line of sight.

The agreed facts recorded that the service had not placed markers around the approved space to clearly identify its boundaries or indicate that the alcove was out of bounds.

Camp Australia was also aware that the child had a tendency to wander outside the approved area.

Between approximately 3:15 pm and 3:30 pm, the child was seen walking towards bike racks near the nature playground. An educator was asked to return him to the service and successfully encouraged him back into the approved area.

At approximately 4 pm, the child asked an educator for a drink and was directed to drink fountains within the approved space. When the educator turned their attention to an interaction involving two other children, the child walked unnoticed into the G Block alcove.

Three education assistants employed by the school, who were not affiliated with the Camp Australia service, subsequently found the child alone.

At approximately 4:20 pm, the education assistants returned the child to the OSHC service. The educator who received him was unaware that he had left the approved area.

The child had been alone and unsupervised for up to 20 minutes. He did not leave the school grounds and was not physically injured.

The agreed facts also recorded that an incident report was not completed on the day of the event.

The incident was not escalated to the responsible person or the area manager who was onsite at the time. It was reported to the Department of Communities on 24 March 2025.

The Department’s Chief Executive Officer commenced disciplinary proceedings against Camp Australia under section 188AB of the National Law.

The parties subsequently agreed on terms to settle the proceeding, with Senior Member Le Miere satisfied that proper cause existed for disciplinary action.

Camp Australia’s previous compliance history was relied upon in support of the penalty sought by the Department.

The agreed facts recorded a history of 14 contraventions of section 165(1) involving Camp Australia since 2014.

The Department of Communities said the latest decision represented the ninth time since 2023 that the provider had been penalised by the Tribunal for inadequate supervision.

Section 165(1) requires an approved provider to ensure that all children being educated and cared for by a service are adequately supervised at all times.

The agreed settlement recorded a range of mitigating factors and corrective measures implemented by Camp Australia following the incident.

The child returned to the service on the next scheduled day and continued to attend.

Staff at the service completed supervision training and child safety education in April 2025, while members of Camp Australia’s management team conducted regular monitoring visits and provided additional onsite guidance.

The provider introduced a temporary attendance cap of 40 children for six weeks, allowing management to work with educators to review and strengthen supervision practices. Following a broader review, attendance was gradually increased, with the service having capacity for 70 children.

Camp Australia also reviewed its staffing arrangements, transition processes, risk-management plans and individualised support plans.

Additional measures included:

• introducing pre-service opening huddles and safety walks;
• requiring educators to complete at least 10 shifts before being rostered at the service;
• staffing the service above minimum educator-to-child ratio requirements;
• using bollards and cones to clearly identify the boundaries of the approved premises;
• undertaking performance discussions and disciplinary action where role requirements were not followed; and
• creating a Child Safety and Quality Partner role to support compliance, child safety, neurodivergent practice and onsite training.

Orders made on 9 September 2026 require Camp Australia to:

• pay a penalty of $35,000 for the contravention;
• contribute $2,000 towards the Department’s legal costs; and
• make payment within 30 days of receiving an invoice, unless another timeframe is agreed in writing.

The case reinforces that adequate supervision involves more than meeting minimum educator-to-child ratios.

Providers must consider the design and visibility of the physical environment, clearly identify the boundaries of approved areas and develop supervision strategies that respond to children’s individual needs and known behaviours.

It also highlights the importance of immediately documenting and escalating supervision incidents. The absence of physical injury does not remove a provider’s responsibility to identify, report and respond to circumstances that place a child at risk.

Further information is available in the Department of Communities’ official announcement.