Sumyu Investments Pty Ltd has been fined $15,000 after a 2-year-old child in the care of KidCademy Early Learning Centres, Coorparoo, left the premises through an unsecured gate and was missing for about 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 18 January 2023 incident.
Sumyu Investments Pty Ltd pleaded guilty to 4 charges:
- Section 165 of the National Law—Offence to inadequately supervise children
- Section 167 of the National Law—Offence relating to protection of children from harm and hazards
- Regulation 99 of the National Regulations—Children leaving the education and care service premises
- Regulation 103 of the National Regulations—Premises, furniture and equipment to be safe, clean and in good repair.
The fine of $15,000 reflects the seriousness of these offences—these types of incidents could result in a child's serious injury or death.
On Friday 19 July 2024, in deciding the defendant's guilt and sentence, Magistrate Joseph Pinder considered the matter was a high risk to children and that the risk could have easily been mitigated.
Magistrate Pinder also acknowledged that approved providers need to take their obligations under the National Quality Framework seriously.
The Regulatory Authority will continue to work with the early childhood sector to promote supervision and safe environments for children.
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.
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.
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