FEL Child Care Centres 3 Pty Ltd has been fined $12,500 after a 5-year-old child in the care of Busy Bees at Coorparoo, left the premises unsupervised through a fire exit and was missing for between 8 and 18 minutes before being found by a member of the public on a busy road.
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 17 February 2023 incident.
FEL Child Care Centres 3 Pty Ltd pleaded guilty to 4 charges:
- Section 165 of the National Law—offence to inadequately supervise children
- Regulation 99 of the National Regulations—children leaving the education and care service premises
- Regulation 170 of the National Regulations—policies and procedures to be followed
- Regulation 177(2) of the National Regulations—prescribed enrolment and other documents to be kept by approved provider.
The fine of $12,500 reflects the seriousness of these offences.
On 22 October 2025, in deciding the defendant's guilt and sentence, Magistrate Belinda Merrin considered the circumstances of the offending as serious, particularly the vulnerability of the child having previously attempted to leave the centre and the fact that his absence was only noticed by his mother when arriving to collect him.
Magistrate Merrin also acknowledged that the purpose of the National Law and Regulations is to ensure children's safety and that the defendant's failures placed the child at significant risk.
This prosecution sends a strong message to approved providers that they have an overriding responsibility to ensure children are adequately supervised at all times.
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.