KB Child Care and Early Learning Pty Ltd was fined $15,000 in Brisbane Magistrates Court, after charges were brought by the Regulator in relation to the provider's responsibility to protect children from harm and hazard.
In July 2022, a 2-year-old child in the care of Little Gems Child Care and Early Learning Centre was found unresponsive following a rest period at the service. Sadly, for their family and for all concerned, the child was later declared deceased at Maryborough Base Hospital.
Following this tragic incident, the Department of Education, as the Early Childhood Regulatory Authority, conducted an investigation into practices at the service and identified a number of areas of non-compliance.
While the child's death was found to be the result of natural causes, and the court proceedings did not relate to or arise from the child's death, the case is a reminder of the critical importance of sleep and rest as a time of heightened risk when caring for children.
In this instance the Early Childhood Regulatory Authority took legal action against the services approved provider for failing to take reasonable precautions to protect children from harm or hazard during sleep and rest.
No conviction was recorded.
The department, as the Early Childhood Regulatory Authority, prosecuted the service's approved provider after its investigation into the 20 July 2022 incident.
KB Child Care and Early Learning Pty Ltd pleaded guilty to 2 charges of section 167 of the National Law—Offence relating to protection of children from harm and hazards.
The fine of $15,000 reflects the seriousness of these offences and the critical requirement that sits with all approved providers to do all things reasonably necessary to protect children from harm and from hazards likely to cause injury, including ensuring staff follow robust sleep and rest policies and procedures based on up-to-date safe sleep guidance.
On 13 March 2026, in deciding the defendant’s guilt and sentence, Magistrate Mark Whitbread noted the importance of educators being able to effectively monitor children’s breathing and skin colour, particularly for vulnerable children. Magistrate Whitbread also noted the defendant's cooperation with the Regulator, early guilty plea and lack of previous convictions.
The Regulatory Authority will continue to work with the early childhood sector to promote supervision, safe sleep practices and safe environments for children, in conjunction with its
regulatory priorities.
If an approved provider's steps to ensure children's health and safety are inadequate, the Regulatory Authority will take appropriate action.
More information