JLB Pty Ltd penalised for leaving a child unattended in a locked school bus

The approved provider, JLB Pty Ltd, which operates the service Pearsall Child Care Centre was ordered to pay a penalty of $17,000 for contravening section 165(1) and $13 000 for section 167(1) of the Education and Care Services National Law (WA) Act 2012 for the offences of inadequate supervision of a child and of failing to ensure that every reasonable precaution was taken to protect children from harm and from any hazard likely to cause injury.

Additionally, JLB Pty Ltd was also ordered to pay a penalty of $1,500 for breaching regulation 102F(4) and $500 for contravening regulation 168(1) of the Education and Care Services National Regulations 2012. The provider also received a reprimand for contravening Regulation 170(1). These regulations concern child safety processes when transporting children and the need for and knowledge of policies and procedures to ensure the safety and wellbeing of children.

A Department of Communities (Communities) investigation found that a six-year-old child was left unsupervised in a locked bus for approximately 10 minutes.

Fortunately, the child was noticed by a parent collecting their own child and notified staff.

The child was distressed by the incident but was otherwise unharmed.

In 2023, the State Government introduced new regulations to reduce the risk of children being left unattended in a vehicle while being transported. These regulations set mandatory requirements for how services should supervise and account for children when they are transported.

JLB Pty Ltd was also ordered to pay $2 000 towards the Department’s legal costs.

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

Quotes from Angelo Barbaro, Executive Director, Regulation and Quality, Department of Communities:

“The risks to a child’s safety and wellbeing from inadequate supervision, particularly during transportation, is a major concern for the Department of Communities”.

“Even a momentary lapse of supervision can have serious consequences for the safety and wellbeing of children”.