Child supervision failure leads to $30,000 penalty

The State Administrative Tribunal (SAT) has confirmed there was proper cause for disciplinary action against OSHClub Pty Ltd, trading as Treeby OSHClub, following a serious supervision failure in which a six-year-old child left the service unnoticed and walked home unsupervised.

The matter, finalised on 30 June 2026, resulted in the provider being ordered to pay a $30,000 penalty and contribute $2,000 towards the Department of Communities' legal costs.

The decision, CEO of Department of Communities v OSHClub Pty Ltd t/as Treeby OSHClub [2026] CC 218, provides another important reminder for outside school hours care (OSHC) providers of the critical role active supervision, effective boundary management and accurate family information play in protecting children.

According to the agreed facts before the Tribunal, the incident occurred on 6 October 2025 at Treeby OSHClub.

The child was a regular attendee of the service and had no additional needs or behaviours requiring an individual wellbeing plan. He was signed into care by his mother shortly after 9:00 am.

The service had 46 children scheduled to attend, with 41 children signed into care by 9:30 am. Five educators were rostered to work directly with children.

At approximately 9:40 am, the Coordinator arrived and commenced a handover with the Assistant Coordinator. During the handover, another educator observed two children standing near the doorway and asked them to move away. One of the children responded that a child was "going home."

Educators immediately commenced a search of the service but were unable to locate the child.

CCTV footage later showed the child leaving the service grounds at approximately 9:43 am, crossing a nearby shopping centre car park and making his way towards his home.

During the search, educators discovered the residential address recorded in the service's management system was incorrect, delaying efforts to locate the child. After contacting the child's father to obtain the correct address, an educator drove to the residence but did not locate the child.

According to the child's mother, the child had already arrived home safely before returning to the service with her at approximately 9:56 am.

The proceedings were originally commenced under the Education and Care Services National Law (WA) Act 2012. During the course of the matter, that legislation was repealed and replaced by the Education and Care Services National Law Application Act 2026 (WA).

Under section 80 of the Application Act, the proceedings continued under the new legislative framework without interruption, with the Tribunal confirming that the conduct remained assessable and enforceable under the National Law.

Senior Member David Aitken accepted the agreed facts contained in Annexure A and confirmed there was proper cause for disciplinary action under section 188AB of the National Law.

The Tribunal found that on 6 October 2025, Treeby OSHClub:

• contravened section 165(1) of the National Law; and
• failed to ensure that all children receiving education and care at the service were adequately supervised at all times.

The breach related to the child leaving the service unnoticed and remaining unsupervised until arriving home.

To give effect to the agreed settlement between the parties, the Tribunal ordered that:

• OSHClub contravened section 165(1) of the National Law by failing to ensure adequate supervision;
• the provider pay a $30,000 penalty to the Department of Communities;
• the provider contribute $2,000 towards the Department's legal costs; and
• both amounts be paid within 30 days of receiving an invoice, unless otherwise agreed in writing.

The orders reflect the seriousness with which failures of active supervision are treated under the National Law.

The Tribunal also noted a range of mitigating factors accepted by the Department, including that the service had the required number of educators working at the time of the incident and that staff immediately activated the service's missing child procedures once the child could not be located.

Following the incident, OSHClub undertook an internal investigation and implemented a range of corrective measures, including:

• strengthening active supervision, particularly around entry and exit points;
• reinforcing boundary management with children;
• delivering targeted staff training on supervision, risk identification and incident response;
• improving communication with families regarding changes to care arrangements; and
• embedding ongoing reflective practice and continuous review of supervision procedures and documentation.

The decision reinforces several important governance and compliance expectations for approved providers and nominated supervisors.

Section 165(1) remains one of the National Law's most significant child safety provisions. The case demonstrates that even a brief lapse in supervision, particularly during routine transitions such as staff handovers, can expose children to significant risk.

Entry and exit points require continuous monitoring. Educator positioning and active supervision strategies should be regularly reviewed to minimise opportunities for children to leave service premises unnoticed.

The incident also highlighted the importance of maintaining accurate enrolment records. Incorrect address information delayed educators' attempts to locate the child, reinforcing the need for providers to regularly verify family contact details and care arrangements.

Although staff responded immediately by activating the service's missing child procedures, the incident demonstrates how rapidly risk can escalate once a child leaves the service environment.

The decision forms part of a broader pattern of regulatory attention to supervision and child safety across the education and care sector. It reinforces that compliance extends well beyond meeting educator-to-child ratios. Active supervision requires continuous risk assessment, effective communication, strategic educator positioning and strong operational systems that work together to keep children safe.

The Treeby OSHClub decision serves as a timely reminder that robust supervision systems remain one of the most important safeguards under the National Law.

While the provider cooperated with the Department, accepted responsibility and implemented significant corrective actions, the incident demonstrates how quickly a child can be placed at risk when supervision lapses occur.

For approved providers, nominated supervisors and OSHC leaders, the case provides an opportunity to review supervision practices, educator positioning, enrolment processes and emergency response procedures to ensure they continue to meet both regulatory requirements and community expectations around child safety.

Read the full findings here.