Oakhaul Pty. Ltd. has been fined $23,000 in relation to multiple breaches of the National Law and National Regulations identified during visits to Little Champions Child Care between November 2020 and May 2022.
The department, as the Queensland Early Childhood Regulatory Authority, prosecuted Oakhaul Pty. Ltd., as the approved provider of the service.
Oakhaul Pty. Ltd. pleaded guilty to a total of 16 charges relating to:
- non-compliance with conditions of service approval
- failing to ensure every reasonable precaution is taken to protect children from harm and hazards likely to cause injury
- failing to ensure educational programs are based on frameworks and meet the needs of children
- non-compliance with a compliance notice
- failing to ensure risk assessments are carried out in relation to transportation
- failing to ensure a child is not transported without authorisation
- failing to ensure the service premises and all equipment and furniture used are safe, clean and in good repair
- non-compliant fencing
- failing to ensure emergency and evacuation plans and instructions are displayed in a prominent position near each exit.
The $23,000 penalty reflects the seriousness and number of offences over an extended period.
In deciding the defendant’s sentence on 14 February 2024, Magistrate Mark Howden divided the offences into safety offences, failures to comply with the service approval offences and failures to comply with compliance notices offences.
The Magistrate imposed a fine of $8,500 for safety offences, $12,000 for failures to comply with the service approval offences and $2,500 for failing to comply with compliance notices offences.
He said he took into account specific and general deterrence and the overall totality of the offending behaviour.
This prosecution sends a clear message to all approved providers regarding the importance of compliance with their legislative obligations, not only to provide a safe environment for children and ensure they are protected from harm, but to also provide quality educational programming for all children.
The department will continue to work with the early childhood education and care sector to promote high standards of compliance and ensure all children attending early childhood services receive safe care.
Where the steps taken to ensure the health and safety of children are inadequate, the department will not hesitate to take appropriate action.
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