Monique Chelin Pty Ltd has been fined $13,500 after a 3-year-old child in the care of Day One Early Learning, Morayfield, climbed a perimeter fence, left the service unnoticed and was unaccompanied and unsupervised for approximately 30 minutes.
A member of the public was driving and saw the child in the middle of the busy road between 2 lanes of traffic in each direction, so she put the child in her vehicle to return them to the centre. Staff were not aware the child was missing. Alarmingly, after being returned to the service, the child was able to climb the same fence a second time.
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 4 August 2023 incident.
Monique Chelin 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 $13,500 reflects the seriousness of these offences as these types of incidents could result in a child's serious injury or death.
On 15 December 2025, in deciding the defendant's guilt and sentence, Magistrate Julian Noud considered the offence as particularly serious due to the extended period the child was missing, the staff's lack of awareness of the child's absence until a community member returned the child, and the fact that the child was found in the middle of an intersection surrounded by traffic.
Magistrate Noud also acknowledged that the defendant was aware of the risks posed by the fence which the child climbed to exit the service, but chose to manage those risks through increased supervision, which was ultimately found to be inadequate.
This prosecution sends a strong message to approved providers that they have an overriding responsibility to ensure children are adequately supervised and ensure they do not leave unauthorised.
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, and incident prevention 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 not hesitate to take appropriate action.
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