Provider penalised after child left unsupervised in therapy room at Port Kennedy OSHC service

The Young Men's Christian Association of Western Australia Incorporated (YMCA WA) has been ordered by the State Administrative Tribunal (SAT) to pay $33,000 after a six-year-old child was left inadequately supervised at an outside school hours care (OSHC) service in Port Kennedy.

The penalty follows an incident that occurred on 15 May 2025 at the YMCA-operated service located at Endeavour Primary School, where a child with diagnosed additional needs was placed alone in a therapy room with the door closed for more than 26 minutes.

According to findings published by the Department of Communities, CCTV footage showed that although educators were aware of the child's location, no staff member was positioned close enough to provide adequate supervision. Witnesses reported that the child appeared visibly distressed during the incident, with evidence indicating the room was being used as a form of "time out".

The State Administrative Tribunal found that YMCA WA, as the approved provider, breached its obligations under the Education and Care Services National Law (WA) by failing to adequately supervise a child and by failing to maintain prescribed documentation relating to the development and delivery of the educational program.

The Department noted that the required documentation was not available for inspection by an authorised officer when requested during the investigation.

Shortly after the incident, YMCA WA ceased operating the service at Endeavour Primary School.

Immediate regulatory action taken

Following notification of the incident, Western Australia's Education and Care Regulatory Unit (ECRU) initiated an investigation and undertook immediate compliance action.

This included the temporary suspension of the service and the issuing of an Emergency Action Notice requiring the provider to implement a range of corrective measures to address identified risks.

The action reflects the regulator's increasing willingness to utilise the full suite of enforcement powers available under the National Law where children's health, safety and wellbeing may be compromised.

Lisa Edenburg, Acting Executive Director of Regulation and Quality at the Department of Communities, said the matter highlighted the critical importance of ensuring all children are actively supervised and appropriately supported, particularly those with additional needs.

She also reinforced the requirement for approved providers to maintain accurate and accessible records, including documentation relating to educational programs and planning.

Supervision remains one of the sector's most critical responsibilities

The case serves as a reminder that adequate supervision extends beyond maintaining educator-to-child ratios.

Under the National Law, children must be adequately supervised at all times while attending an education and care service. Effective supervision requires educators to be aware of children's whereabouts, actively monitor their wellbeing, anticipate risks and respond appropriately to changing circumstances.

For children with additional needs, this responsibility is often supported through individual behaviour support strategies, risk assessments and tailored approaches that prioritise safety, inclusion and wellbeing.

The incident also raises important questions about the use of isolation as a behaviour management strategy. Contemporary best practice in early childhood education emphasises co-regulation, relationship-based approaches and individualised support rather than exclusionary practices that may heighten distress or reduce supervision.

Documentation failures carry significant consequences

Alongside the supervision breach, the SAT found that YMCA WA failed to keep prescribed documentation relating to the educational program.

While documentation requirements can sometimes be viewed as administrative obligations, regulators consistently emphasise that records play a critical role in demonstrating compliance, supporting accountability and providing evidence of how children's learning and wellbeing are being supported.

Missing or incomplete records can significantly hinder regulatory investigations and may contribute to broader concerns regarding governance, oversight and quality assurance systems.

A reminder for approved providers

The Port Kennedy matter reinforces several key expectations for approved providers, nominated supervisors and service leaders:

• Children must be actively and adequately supervised at all times.
• Educators require appropriate training and support to respond to children with additional needs.
• Behaviour guidance approaches should align with contemporary evidence-based practice and service policies.
• Educational program documentation and other prescribed records must be maintained and readily available for inspection.
• Providers should regularly review supervision plans, staffing arrangements, risk assessments and compliance monitoring processes.

As regulatory scrutiny continues to increase nationally, supervision and documentation remain two of the most closely examined elements of service operation. Cases such as this demonstrate that where serious breaches occur, regulators are prepared to take swift enforcement action to protect children's safety and wellbeing.

For providers across the sector, the message remains clear: effective supervision and strong governance systems are not simply compliance requirements, they are fundamental safeguards that underpin quality education and care.

Read the full report by the WA State Administrative Tribunal here.