Emergency Action Notices issued to childcare centres in Adelaide

The Education Standards Board (ESB) has issued an Emergency Action Notice to Little Shining Stars Early Learning Centre in Klemzig for failing to comply with provisions of the National Law and Regulations.

The ESB investigated a complaint of inappropriate discipline at the Klemzig service and following ESB Authorised Officers attending the service three female staff members were subsequently terminated.

During the ESB’s investigation, disclosures were made about the taking and storing of images of children on service devices for the purpose of evidencing minor injuries. Some devices located at the Klemzig service contained, what the ESB considers inappropriate images of children, which was allegedly used for the purpose of evidencing nappy rash.

The service-issued devices were immediately seized by the ESB and the matter referred to South Australia Police (SAPOL). Detectives from SAPOL’s Sexual Crime Investigation Section determined the images appeared to be a misguided attempt to show pre-existing rashes and injuries and that there is no evidence to support criminal charges.

A further four emergency action notices were also issued to the other services of Little Shining Stars in Pooraka, Virginia, Wayville and Evanston due to the practice of taking and storing images evidencing injuries, such as minor scrapes and falls.

Following a review of the evidence, the ESB has taken strong action and directed Little Shining Stars services to:

• Notify the families of each child, enrolled during times when the photos were taken, of the practice of taking and storing images for the purpose of evidencing injuries and is in breach of the National Law.
• Engage a counselling service to provide support to children and their families who attended the Klemzig service during the specified time.
• Reset all service devices and permanently delete images under the supervision of the ESB.
• Amend their policies and procedures to ensure they are in line with the national regulations.

The ESB investigation is ongoing, and further regulatory action may be taken following its conclusion, including prosecution.

An additional $7m has been invested into the ESB from the State Government in 2023 to increase and improve regulatory services – which has seen a 63 per cent increase on the previous year in the number of service visits with staffing more than doubled.

The extra investment has seen the ESB conduct more workshops to support services to achieve excellent quality ratings, and for when issues arise, to conduct audits and if necessary, enforce disciplinary action immediately.

South Australia is the only state or territory with an independent regulatory authority, with NSW recently announcing they will follow our lead and introduce an independent regulator.

Quotes

Attributable to Blair Boyer

Safety and quality in childcare for all South Australian families is paramount.

I wholeheartedly support the ESB’s strong action in this case and will make no excuses for those in the industry who do not adhere to the stringent national regulations. Let this be a warning to providers in South Australia who do the wrong thing.

This is an example of our independent regulator – the only one in the country – working as it should to ensure the safety of children in this state.

Attributable to Chief Executive, Education Standards Board, Benn Gramola

The Little Shining Stars Early Learning Centre matter is considered an isolated incident and highlights the crucial work the Education Standards Board does in ensuring children and young people have access to high-quality education and care in a safe environment.

The Education Standards Board will not shy away from taking strong action against services that are failing to meet national standards or are in breach of National Law and Regulations.

I want to reassure families that children’s safety remains our highest priority. I encourage staff, families, and members of the public to report any concerns or complaints about early childhood education and care services to the Education Standards Board.