Cuddles Childcare Centre Byford Pty Ltd penalised for inadequate supervision and failure to protect a child from a hazard likely to cause injury

The approved provider, Cuddles Childcare Centre Byford Pty Ltd, which operates the service, Cuddles Early Learning and Childcare Byford, was ordered to pay a penalty of $50,000 for contravening sections 165(1) and 167(1) of the Education and Care Services National Law (WA) Act 2012 for the offences of inadequate supervision of a child and failing to ensure that every reasonable precaution is taken to protect children from harm and from any hazard likely to cause injury.
A Department of Communities (Communities) investigation found that a child was left unsupervised and was able to leave the service by themselves.
Whilst the service was within the required educator to child ratio, one relief educator was left in the kindy outdoor area alone with approximately 17 children.
The child was unsupervised and outside of the service for approximately five minutes.
The service provider failed to ensure that every reasonable precaution was taken to protect a child in their care from any hazard likely to cause injury.
Cuddles Childcare Centre Byford Pty Ltd was also ordered to pay $3,000 towards the Department’s legal costs.
More information on the SAT order is available on the eCourts website.
Quotes from Angelo Barbaro, Executive Director, Regulation and Quality, Department of Communities:
“The safety and wellbeing of children when they’re at an early childhood education service is a priority for Communities.
“Meeting the “under-the-roof” ratio requirements in no way constitutes or guarantees adequate supervision of children. Providers must set staff numbers according to the risks, and ensure staff are present and directly supervising children. This will reduce the risk of a serious incident occurring.
“It’s the responsibility of the service providers to ensure adequate staffing levels and that their staff follow the supervision policies and procedures in place to prevent incidents like this from occurring.”



