DJ and ME O'Rourke Pty Ltd as trustee for O'Rourke Family Trust has been fined $50,000 with no conviction recorded, after a child in the care of Le Smileys Early Learning Centre in Gracemere was left unattended on the service’s bus for approximately 6 hours.
Acting Magistrate Stephen Byrne also awarded $2,750 in costs to the department.
The 3-year-old child had been collected from home on the morning of 4 May 2022 and was found on the bus by a staff member starting the afternoon school run.
The child was airlifted to a Brisbane hospital with critical injuries caused by heat stress and given only a 5 per cent chance of survival. Thankfully, she has now made a full recovery.
As a result of this incident, the department, as the Early Childhood Regulatory Authority, prosecuted the service’s approved provider for failing to:
- ensure children are adequately supervised
- take every reasonable precaution to protect children from harm and hazards likely to cause injury
- ensure staff follow the service’s policies and procedures
- ensure the service’s records are accurate.
DJ and ME O'Rourke Pty Ltd as trustee for O'Rourke Family Trust pleaded guilty to the 4 charges in the Rockhampton Magistrate’s Court on 4 November 2024.
The fine of $50,000 reflects the seriousness of these offences.
In deciding the defendant’s guilt and sentence, Magistrate Byrne acknowledged the seriousness of the matter and, when compared to a similar incident, was pleased that the child in this case had survived.
Magistrate Byrne also acknowledged that steps the defendant had taken following the incident, their guilty plea and their cooperation with the Regulatory Authority.
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 when they are transported as this type of incident could result in a child’s serious injury or death.
The Regulatory Authority will continue to work with the early childhood sector to promote the importance of supervision and ensuring safe environments for children, particularly during transportation.
Where the steps taken to ensure the health and safety of children are inadequate, the Regulatory Authority will always take appropriate action.