Yahka Childcare Pty Ltd as Trustee for Yahka Childcare Trust has been fined $38,000 after a 4-year-old child in the care of Capalaba Kids Early Learning Centre was left unsupervised on a service-operated bus for approximately 90 minutes following an excursion.
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 16 March 2023 incident.
Yahka Childcare Pty Ltd as Trustee for Yahka Childcare Trust pleaded guilty to 3 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 170 of the National Regulations—policies and procedures to be followed.
The fine of $38,000 reflects the seriousness of these offences, which could result in a child's serious injury or death.
On 27 August 2025, Magistrate Zachary Sarra, in deciding the defendant's guilt and sentence, found that there was a failure to follow basic procedures and that the approved provider failed to keep children safe on this occasion.
Magistrate Sarra expressed concern that—despite previous incidents—children continue to be left on buses, and found that a serious penalty in this case was appropriate and necessary to act as a deterrent to prevent future incidents of this kind.
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.
Incidents such as this serve as a critical reminder to
look before you lock and prioritise the safe transportation of children.
If an approved provider's steps to ensure children's health and safety are inadequate, the Regulatory Authority will take appropriate action.