New South Wales Childcare Centers Face Closures and Suspensions Amid Regulatory Action

Childcare Services Face Closures and Criminal Charges Over Safety Breaches

Regulators in New South Wales have initiated the closure or suspension of multiple childcare services, including Fun2Learn in Rosehill, Lycee Condorcet International French School (Preschool), Great Western Family Daycare, and Fairytales Preschool and Long Day Care Centre. These actions cite repeated breaches of national standards and safety concerns, with some services reportedly failing to meet compliance requirements over extended periods.

Separately, Victorian authorities have commenced criminal proceedings against a large out-of-school hours provider.

New South Wales Regulatory Actions

The NSW Early Learning Commission, established in 2023 as part of state government reforms, has begun exercising its powers for unannounced inspections and immediate intervention.

Acting Commissioner Daryl Currie stated that actions would be taken against providers who consistently endanger children by failing to address safety and quality concerns.

Courtney Houssos, the Acting Minister for Education and Early Learning, noted that while 93 percent of centers meet standards, consistent failures necessitate consequences. She emphasized that the department and commission had engaged with services over many years prior to closure decisions.

The Fun2Learn childcare center in Rosehill, Sydney, was shut down by the NSW Early Learning Commission. This marks the first instance of the new regulator forcibly closing a center. The closure follows a reported 12-year period of non-compliance, with 41 identified breaches since 2023 alone. Cited breaches included:

• Employing staff without required working with children checks.
• Padlocking fire escapes.
• Failure to inspect fire extinguishers since 2011.

The center's owner retains the option to reapply for operation by demonstrating new practices and processes to ensure child safety. The closure impacted 37 children and their families, who were informed in December. The government is assisting these families in securing alternative care.

The out-of-hours preschool service at Lycee Condorcet International French School, which caters to 102 children aged three to five, is scheduled to close on March 6. Since 2024, the service has faced seven compliance actions and 42 confirmed breaches of national law. It has reportedly not met national standards since its establishment in 2013, despite three assessments.

The school's principal, Nicholas L'Hotellier, expressed surprise at the decision, disagreeing with the grounds and process. He stated that the issues were administrative, with no evidence of physical harm to children.

The NSW regulator canceled the registration of Great Western Family Daycare in Sydney. This center had 411 documented breaches since 2018. Inspectors reported issues including:

• Unsupervised children.
• Hazardous items such as knives, pesticides, and toxic cleaning fluid left within children's reach.

The cancellation affected 28 educators and 191 enrolled children, with the regulator citing "poor overall management and governance."

Operations at Fairytales Preschool and Long Day Care Centre in North West Sydney were immediately suspended on February 3. Regulatory concerns included alleged "inappropriate discipline of children and failure to report child protection concerns," as well as insufficient monitoring of sleeping infants.

Victorian Regulatory Action

The Victorian Early Childhood Regulatory Authority (VECRA) initiated criminal proceedings against Team Kids, an out-of-school hours (OOSH) service provider with approximately 250 centers. VECRA charged the company with 13 offenses related to four alleged incidents, including children exiting services unsupervised and a child being left on a bus.

A Team Kids spokesperson acknowledged the incidents, apologized, and reported implementing corrective actions and enhanced management processes.

Broader Context and Industry Perspectives

Since its establishment in late November, the NSW Early Learning Commission has inspected over 550 of the 6,100 early learning services in New South Wales.

Chiang Lim, CEO of the Australian Childcare Alliance, raised questions regarding the timing of authorities utilizing existing powers to close substandard centers, noting that national laws allowing such actions have been in place since 2012. He also expressed concerns about regulator effectiveness, citing instances where centers with serious issues had previously met or exceeded national standards.

Parents' groups and experts have expressed concern over childcare safety, with some families reportedly withdrawing from care or reducing work hours following safety incidents. Advocacy efforts include calls for a National Early Childhood Commission to standardize safety issues, ensure consistency nationwide, and prevent sudden closures.

Professor Gabrielle Meagher of Macquarie University observed that large for-profit providers dominate the OOSH sector, raising questions about the balance between profit and safety.

She also pointed out inconsistencies in OOSH regulation across Australia, particularly in NSW, where staff are not required to have specific qualifications and staffing ratios are low (one educator for 15 children). Professor Meagher suggested the system is "under-regulated."