Approved provider of a Heathridge education and care service penalised for child found shut in a shed

Media release
Mercy Community Services Limited was ordered to pay $15,000.00 by the State Administrative Tribunal for an offence relating to the inadequate supervision of a child.
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media release

An investigation by the Department of Communities, Education and Care Regulatory Unit, 
found that on 7 March 2023 a two-year-old child was accidentally shut inside a metal shed at 
MercyCare Early Learning Service Heathridge. The child was unsupervised inside the shed 
on a 30-degree day for approximately 10-15 minutes. 

An educator at the service had initially packed away outdoor play equipment and shut the 
shed with a slide latch. The same educator reopened the shed to pack away more toys and 
did not notice the child had entered the shed prior to latching it shut. The educator had not 
conducted a search of the shed before the door was closed and secured with a slide latch. 

The service only noticed the child was missing when an older sibling stopped at the fence on 
their way home and the child was not seen. A search was then conducted of the service and 
the child was found lying on a piece of wood on the floor of the shed. The child was visibly 
sweating and drank a large amount of water after he was found. 

Mercy Community Services Limited was also ordered to pay a further $2,000.00 towards the 
Department of Communities’ legal costs.

More information on the SAT order is available on the eCourts website

Quotes from Phil Payne, Executive Director, Regulation and Quality, Department of 
Communities: 

“This action should serve as a warning about adequate supervision, to ensure children don’t 
gain unnoticed access to places where they could get overheated.

“In this incident the child was latched inside a metal shed on a 30-degree day which could 
have easily resulted in a different outcome. 

“It’s the responsibility of the service providers to ensure their staff follow the supervision 
procedures and policies in place to prevent incidents like this from occurring.” 

Media contact: 6277 5323