The ACT government has released 2,500 files detailing five years of childcare breaches in the territory, following a parliamentary motion. The documents reveal multiple incidents of inappropriate discipline, assault, and negligence by childcare educators.
Documented Incidents
- Lucy's Case: In October 2023, a two-year-old child, referred to as Lucy, was reportedly slapped on the thigh and face by an educator. Her parents were notified four hours later and raised concerns about reporting procedures not being followed. The center later reported Lucy as a "chronic biter" to the ACT childcare regulator, Children's Education and Care Assurance (CECA). The outcome of CECA's response to this specific incident is unclear due to redactions.
- Kyong Shik Choi's Conviction: Educator Kyong Shik Choi, known as Kenny, was fined $50 and given a six-month good behaviour order for forcibly shaking a child against a fence. A public report stated Choi gripped the child's collar and shook him approximately six times into the fence. The child's family reported lasting emotional impact from the incident.
- Jason Scott Francis's Conviction: Jason Scott Francis was convicted of assaulting a child by throwing them face-first onto a soft fall surface. He was also later convicted of possessing child exploitation material. The regulator's response to his child exploitation material conviction is not included in the released documents.
- NSW Educator Working in ACT: An educator convicted of common assault against a 10-year-old in New South Wales was permitted to work in a Canberra childcare center under supervision. Within six months, he was reported for inappropriate discipline involving restraining a child on the floor. Initial inquiries by CECA documented accounts of him "yelling, slamming doors, and throwing objects in anger," and displaying "uncontrolled anger." He was subsequently prohibited from working in the ACT childcare sector.
- Supervisor Banned for Gross Negligence: In late 2023, ACT Policing was informed of two assault allegations, including one where a child fell and hit their head after an educator pulled their hair. The same educator was suspended for forcibly moving a child by their neck and shoulders. A year later, a nominated supervisor at the same center was prohibited from working in the sector across Australia due to "gross negligence" regarding child safety. CECA's investigation substantiated multiple offenses related to inadequate supervision and failure to provide adequate first aid to a seriously injured child.
- Sexualized Conversations: An educator at an after-school service was suspended after parents reported repeated sexualized conversations, swearing, and sharing inappropriate personal details with children. The documents do not indicate any disciplinary action by the regulator or whether the educator's employment was reinstated.
Regulatory Context and Challenges
- Educator Qualifications: Productivity Commission data for 2024 indicates that ACT early childhood educators have the lowest qualification rates in Australia, with approximately 65 percent having a formal qualification or over three years' experience, compared to the national average of 75 percent.
- Minister's Comments: ACT Education and Early Childhood Minister Yvette Berry acknowledged the need for improvement in educator quality among some providers. She stated the ACT might implement its own legislative changes if national discussions do not yield sufficient results, while noting that "the majority of services are doing the right thing."
- Transparency Concerns: Independent MLA Thomas Emerson criticized the heavy redactions in the released documents, stating they leave many questions unanswered and exclude details critical for transparency. He noted that evidence leading to regulatory decisions was removed from the scope of the parliamentary order and plans to dispute over 200 documents for which partial privilege has been claimed.