Sparrow Nest Early Learning No 4 Pty Ltd was fined $20,000 after 3 children aged 4-years-old in the care of Sparrow Early Learning Yarrabilba left the service and were unaccounted for, unattended and unsupervised by staff for around 45 minutes.
The 3 children left the service unaccompanied after accessing a community garden area of the premises via a gate that was not locked. The children climbed over the perimeter fence surrounding the premises and were later located by a member of the public approximately 400 metres away.
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 11 August 2023 incident.
Sparrow Nest Early Learning No 4 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 $20,000 reflects the seriousness of these offences, and the fundamental responsibility of approved providers to ensure children are not able to leave the service premises.
On 19 February 2026, in deciding the defendant's guilt and sentence, Acting Magistrate Gary Finger noted the guilty plea, but also that the incident involved serious breaches of the National Law, that there was a significant risk of harm to the children and that the failings of the service could have had 'disastrous ramifications'.
Acting Magistrate Finger acknowledged that it was 'by the grace of God' that these children are still with us, noting the busy road in Yarrabilba where they were located.
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.
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