Only About Children Pty Ltd has been fined $14,500 after a 3-year-old child in the care of Only About Children Morningside left the premises unnoticed by staff.
In this case about 10 minutes after the child left, a member of the public alerted the service that they had observed a child outside the premises, and a head count by the service confirmed a child was missing.
Around 20 minutes later, the service was notified that the child had been located. At this point the child had been outside the premises and unsupervised for just under 30 minutes.
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 23 June 2023 incident.
Only About Children Pty Ltd pleaded guilty to 3 charges:
- Section 165(1) of the National Law—Offence to inadequately supervise children
- Section 167(1) of the National Law—Offence relating to protection of children from harm and hazards
- Regulation 99(1) of the National Regulations—Children leaving the education and care service premises.
The fine of $14,500 reflects the seriousness of these offences as these types of incidents could result in a child's serious injury or death.
On 27 February 2026, Magistrate Lewis Shillito noted that whilst the provider had no previous convictions and accepted responsibility, there were a number of concerning features. Specifically, the child was exposed to significant risk of harm, particularly in crossing roads and that they were absent for 30 minutes, which is a lengthy period for a 3-year-old child to be without an adult.
Magistrate Shillito also acknowledged that it was 'good luck, not good management' that the child wasn't harmed.
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 and hazard.
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.