The NSW Department of Education has revoked the provider approval for a Sydney long day care (LDC) operator following serious violations. The operator, who has chosen to remain unnamed, was found to have deliberately over-enrolled its services at multiple locations. Staff were instructed to move children between centres without parental consent to avoid exceeding child-to-staff ratios during inspections by the Regulatory Authority.
The provider operated three LDC services in western Sydney, specifically in Cabramatta, Fairfield, and Canley Vale. Concerns raised by the Regulatory Authority included the failure to ensure staff had working with children checks and allegations of threats made to staff via text message. One such message warned staff that complaints from parents or children withdrawing from the service would result in staff terminations.
In January 2023, the provider sent a message to the “transport team” directing them to select children whose parents were deemed “less problematic” for removal from the centre, to maintain proper staff-to-child ratios.
A complaint in May 2023 revealed that three children were left unattended in a service van parked on the street, allegedly without water or personal belongings, to avoid detection by the Regulatory Authority.
Further issues included targeting vulnerable families and overcharging child care subsidies by claiming five days’ entitlement while only providing three days of care.
The Department of Education highlighted several misconducts, including:
Intentional over-enrollment leading to exceeded ratios.
Relocating children between centres without parental consent to evade detection during inspections.
Concealing the true number of children present by using unlicensed spaces and conducting unauthorized excursions.
Offering financial incentives to staff for over-enrollment and threatening pay reductions if numbers were not maintained.
Using unlicensed areas and making parents wait at one centre while retrieving children from another.
Inappropriately restraining children with high chairs.
Moving non-verbal children to non-approved areas or on unauthorized excursions.
Misclassifying over-enrollments as “emergency placements” without evidence.
Penalizing staff for reporting operational issues.
Failing to notify the Regulatory Authority of serious incidents and maintaining inadequate injury records.
Neglecting to properly address serious injuries to children.
Despite attempts to delay the revocation and an appeal citing the hiring of an external consultant for corrective actions, NSW Civil and Administrative Tribunal (NCAT) senior member Craig Mulvey upheld the decision. He emphasized that the revocation was crucial to ensuring the safety and well-being of children at the affected centres.
Mulvey noted that the provider initially denied moving children between centres and attempted to shift blame when confronted with evidence. The lack of a satisfactory response from the provider or the LDC centres further supported the need for the revocation.
While acknowledging the inconvenience caused to parents, Mulvey stressed that it was necessary to address the “ongoing risk of serious harm” posed by these facilities.