The ECU is committed to safeguarding children attending education and care services and implementing the objectives and guiding principles of the Education and Care Services National Law Act 2010 (the National Law), particularly ensuring the safety, health and wellbeing of children.
The ECU acting as the Tasmanian Regulatory Authority (RA) has determined that enforcement action as outlined in section 270 of the National Law will be published on the ECU website register Published Enforcement Actions under the National Law – Education and Care under the ‘National Quality Framework – Current Enforcement Action‘ tab. Once the required remedial action has been taken, the website will be updated and the published information edited to note this has occurred.
The ECU will regularly review the enforcement action register, and archive enforcement actions to the ‘National Quality Framework – Archived Enforcement Action‘ tab two years after the date of publication.
National Quality Framework – Current Enforcement Action
Enforcement actions under the Education and Care Services National Law Act 2010 and the Education and Care Services National Regulations.
Information published on this page only relates to those enforcement actions permitted to be published under the provisions of section 270(5) and regulation 227.
Enforcement Action:
Service name and number: Lady Gowrie – Gordon Square Education and Care Service, SE-00009943
Address of the Service: 2A Gordon Square, George Town, Tasmania 7253
Approved Provider name and number: Lady Gowrie Tasmania Inc, PR-00005936
Nature of the enforcement action: Emergency action notice
Reason for taking the enforcement action:
On 17 January 2025 the Regulatory Authority received information that a child had absconded from the service on multiple occasions. On 24 January 2025 the Regulatory Authority received information relating to two children being left unsupervised while on excursion with the service.
Enforcement action taken and date issued:
Emergency Action Notice issued on 29 January 2025 and amended on 4 February 2025.
Details of the enforcement action taken:
Steps that must be taken to comply with the National Law and National Regulations.
- By COB 29 January 2025 the service is to cease all excursions for 45 days from 30 January 2025 with the exception of walking children from the Star of Sea College after school to attend the outside school hours care program at the service.
- The transition is to occur as per the strategies set out from the approved provider including a minimum of two staff members, one of which is from the Lady Gowrie Leadership Team.
- By COB 5 February 2025 the approved provider is required to hold a staff meeting with all educators employed at the service to discuss the service’s supervision policy and approved providers expectations for supervision.
- A copy of the supervision policy is to be provided to all educators.
- A copy of attendance at the staff meeting, staff roster list of employees for the service and a copy of the supervision policy is to be provided to the Regulatory Authority.
- The enforcement action taken relates to information that suggests that the education and care service is operating in a manner that poses an immediate risk to the safety, health and wellbeing of children.
Enforcement Action:
Name of the Service: St Aloysius Outside School Hours Care,
Address of the Service: St Aloysius Catholic College – Kingston Beach Campus, 123 Roslyn Avenue, Kingston Beach Tasmania 7050
Approved Provider name and number: Adventure Patch, PR-00005896
Nature of the enforcement action: Compliance Notice
Reason for taking the enforcement action:
St Aloysius Outside School Hours Care was determined to not be complying with provisions of the Education and Care Services National Law Act 2010 and Education and Care Services National Regulations, particularly, in relation to breaches of the following – failure to;
- Keep the prescribed documents available for inspection by an authorised officer in accordance with this section (s.175 of the National Law)
- Ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service. (s.165 of the National Law)
- Ensure that every reasonable precaution is taken to protect children being education and cared for by the service from harm and from any hazard likely to cause injury. (s.167 of the National Law)
Date of the enforcement action: 6 August 2024
Details of the enforcement action taken: Issue of Compliance Notice pursuant to section 177 of the National Law requiring compliance by 15 October 2024. The Compliance Notice requires the approved provider to;
- Complete an incident, injury, trauma, and illness record for children implicated in the incident.
- Keep the incident, injury, trauma, and illness records as per the requirement of regulation 177 of the National Regulations.
- Review the service’s policies and procedures relating to supervision.
- Conduct a supervision risk assessment that includes consideration of environmental and staffing factors (i.e. knowledge and experience of educators, supervision challenges presented by layout of internal and external environments etc).
- Develop a supervision plan for the service that addresses the matters identified in the risk assessment.
- Deliver training for all staff rostered at the service, including any casual or temporary educators, to ensure that all revised supervision policies, and procedures and any identified changes (including mitigation strategies identified in the risk assessment and supervision plan) are understood.
- Provide evidence of contents of the training and evidence of its delivery.
- Develop and document a process for monitoring educators supervision practices to ensure learnings from the supervision training are embedded in service provision.
- Develop and document or review existing induction processes to ensure it addresses the points of the above.
Details of Action/Outcome: The approved provider submitted the required evidence within the timeframe and has satisfied the requirements of the Compliance Notice.
Enforcement Action:
Name of the Service: Gumnut Long Day Care Centre & Outside School Hours Care
Address of the Service: 33 Dial Road, Penguin, Tasmania 7316
Approved Provider name and number: BUMBLEBEE FOREST PTY LTD PR-40002961
Nature of the enforcement action: Compliance Notice
Reason for taking the enforcement action:
Gumnut Long Day Care Centre & Outside School Hours Care was determined to not be complying with provisions of the Education and Care Services National Law Act 2010 particularly, in relation to multiple breaches of the following – failure to;
- Ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service (s. 165)
Date of the enforcement action: 15 March 2023
Details of the enforcement action taken: Issue of Compliance Notice pursuant to section 177 of the National Law requiring compliance by 15 June 2023. The Compliance Notice requires the approved provider to;
- Develop a supervision risk assessment specific to the service.
- Engage a consultant to assist with the development and implementation of policies and procedures relating to supervision.
- Engage a consultant to deliver training on the revised or developed policies to staff members and provide evidence to the Regulatory Authority of staff members attendance at this training and the utilised training materials.
- Develop an induction and staff monitoring processes addressing the key points of the training to ensure current and future staff are aware of supervision expectations and the services specific supervision policy and supervision risk assessment requirements, and that these are implemented in practice.