A Queensland childcare provider has been fined $15,000 following a tragic incident where a two-year-old child was discovered unresponsive during a rest period at a regional centre. The child, who attended Little Gems Child Care and Early Learning Centre in Maryborough, was found unresponsive in July 2022 and later passed away at Maryborough Base Hospital.
Details of the Incident
An educator had put the two-year-old to sleep while the child was still wearing a "bucket-style" hat and a hooded jumper. After lunch, a different educator turned on the lights and found the boy face-down on the bed, unresponsive. The death was determined to be from natural causes and was not part of the court proceedings, but an investigation by the Department of Education revealed multiple areas of non-compliance at the service.
Legal Proceedings and Findings
This prompted legal action against the approved provider, KB Child Care and Early Learning Pty Ltd. In the Brisbane Magistrates Court, it was heard that the provider failed to take all reasonable precautions to protect children from harm or hazards during sleep and rest, a period described by the regulator as a time of "heightened risk". Magistrate Mark Whitbread emphasized the critical importance of educators being able to properly monitor children's breathing and skin colour, especially for vulnerable children.
Court Decision and Consequences
Magistrate Whitbread also noted the provider's co-operation, early guilty plea, and lack of prior convictions. The court ordered the provider to pay $1700 in costs, and no conviction was recorded. The Regulatory Authority stated it would continue working with the early childhood sector to promote safe sleep practices and warned it would not hesitate to take action if providers failed to meet their obligations.
