An approved provider has been fined $8,000 after a 5-year-old child in the care of Kidspace Caloundra left the service premises unnoticed and was missing for at least 5 minutes.
In this case, the child left the service through the front entrance, ventured through the service’s car park and down a busy road before they were found by members of the public on nearby Arthur Street, Caloundra.
No conviction was recorded.
The Department of Education, as the Early Childhood Regulatory Authority, prosecuted the service’s approved provider after its investigation into the 21 February 2024 incident.
The approved provider pleaded guilty to 4 charges:
- Section 165(1) of the National Law—Offence to inadequately supervise children
- Section 167(1) of the National Law—Offence relating to protection of children from harm and hazards
- Regulation 99(1) of the National Regulations—Children leaving the education and care service premises
- Regulation 170(1) of the National Regulations—Policies and procedures to be followed.
The fine of $8,000 reflects the seriousness of these offences, and the fundamental responsibility of approved providers to ensure children are not able to leave service premises unsupervised.
On 22 September 2026, Magistrate Catherine Benson found that the service had policies and procedures in place, but Ms Boulton did not ensure that staff were aware of them and followed them.
Magistrate Benson also acknowledged that Ms Boulton had taken steps since the incident to ensure something similar did not happen again.
This prosecution sends a strong message to approved providers that they have an overriding responsibility to ensure children are adequately supervised and protected from harm and hazard.
The department will continue to work with the early childhood sector to promote supervision and safe environments for children.
Outdoor space—which includes adequate supervision, incident prevention and management, and risk assessment and management—is one of the Regulatory Authority’s
key priority areas for regulation.
If an approved provider’s steps to ensure children’s health and safety are inadequate, the Regulatory Authority will take appropriate action.