Education and care provider, The Young Men’s Christian Association of Western Australia Incorporated, has been ordered to pay $33,000 by the State Administrative Tribunal (SAT) after a 6-year-old boy was left inadequately supervised in an unapproved space for 26 minutes.
CCTV footage of the incident, which occurred on 15 May 2025, saw the child left in a therapy room with a closed door. The educators were aware that he was in the room but none of them were near enough to the room to be able to adequately supervise the child.
The child had diagnosed additional needs, and these needs were not supported by the approved provider. Instead, the child was left in the room alone as a form of “time out” and witnesses state the child was clearly distressed.
The approved provider also failed to ensure that documentation relating to the development and delivery of an educational program, a required document under the National Law, was available for inspection by an authorised officer.
The approved provider ceased operating the service at Endeavour Primary School in Port Kennedy shortly after this incident.
A Department of Communities (Communities) investigation found that the provider had breached the Education and Care Services National Law (WA) by failing to adequately supervise a child in their care and failing to keep prescribed documents available for inspection.
More information on the SAT order is available on the eCourts website .
As stated by Lisa Edenburg, a/Executive Director, Regulation and Quality, Department of Communities:
‘As a result of this incident, the Education and Care Regulatory Unit (ECRU) temporarily suspended the service, and an emergency action notice was issued to the approved provider, specifying the actions to be undertaken to address the incident.
“Services must ensure that their staff are suitably trained and supported to actively supervise all children in their care, no matter their needs or circumstances. This includes developing and following Behaviour Support plans for those children.
“The ECRU has a strong compliance framework and will use the compliance tools available under the national law where there are serious breaches of the legislation.
“Western Australia continues to lead the nation when it comes to taking compliance measures to ensure the health, safety and wellbeing of the children.
“We urge approved providers to ensure constant, appropriate supervision practices are in place to keep children safe and to avoid compliance action.
“Furthermore, we remind all providers of their legal obligations relating to the requirement to keep enrolment and other documents.”
