East Coast Early Learning Pty Ltd has been fined $12,000 after a 4-year-old child in the care of Natural Elements Early Learning Centre, located at Eagleby, left the premises unnoticed. Staff identified the child was missing during a head count, but the child was unaccounted for by staff at the service for a minimum of 20 minutes before being returned to the service by a member of the public.
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 11 October 2023 incident.
East Coast Early Learning Pty Ltd pleaded guilty to 2 charges:
- Section 165(1) of the National Law—Offence to inadequately supervise children
- Regulation 99(1) of the National Regulations—Children leaving the education and care service premises.
The fine of $12,000 reflects the seriousness of these offences, that could result in a child's serious injury.
On 21 August 2026, Magistrate Patrina Clohessy found that the child being able to leave the service unsupervised created a real risk to the child's health and safety. Magistrate Clohessy also found that the approved provider had failed to take adequate measures to ensure the health and safety of children in its care.
Magistrate Clohessy acknowledged the defendant's cooperation with the investigation, acceptance of responsibility and genuine remorse.
This prosecution sends a strong message to approved providers that they have an overriding responsibility to ensure children are adequately supervised.
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.