Rochedale Enterprises Pty Ltd has been fined $24,000, with no conviction recorded, after a child in the care of Rochedale Kids Early Learning Centre was given the wrong baby formula which caused a severe anaphylactic reaction.
Magistrate Sue Ganasan also awarded $1,351.40 in costs to the department.
The child was 1 of 5 children aged between 11–15 months who were under the supervision of an inexperienced and unqualified educator while the primary educator was on lunch.
The educator gave the child the wrong baby formula which caused anaphylaxis.
The child was given an epinephrine injection at the service before they and their mother were transported to hospital by ambulance. The child has thankfully made a full recovery.
The Early Childhood Regulatory Authority’s (the Regulatory Authority) investigation found the educator was not adequately inducted or trained in relevant service policies and procedures.
As a result of the 16 December 2022 incident, the department, as the Regulatory Authority, prosecuted the service’s approved provider for failing to:
- ensure children are adequately supervised
- protect children from harm and hazards likely to cause injury
- ensure staff follow the service’s policies and procedures.
Rochedale Enterprises Pty Ltd plead guilty to the 3 charges.
The fine of $24,000 reflects the seriousness of these offences as these types of incidents could result in a child’s serious injury or death.
In deciding the defendant’s sentence on 11 July 2024, Magistrate Ganasan considered that Rochedale Enterprises Pty Ltd had an otherwise good compliance history and was of good character. However, while the service had policies and procedures in place, this was not in itself a sufficient mitigation without adequate training to ensure their use.
Magistrate Ganasan also noted it was fortuitous that there was no long-lasting injury or harm to the child involved.
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 as well as taking reasonable steps to ensure staff members and follow service policies and procedures.
The department will continue to work with the early childhood sector to promote supervision and safe environments for children.
Incident prevention and management, which incorporates adequate supervision 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.
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