Rise and Shine Carlton: Stefania Giacchi, Zaksaw Pty Ltd sentenced after child burnt

The supervisor and director of a southern Sydney childcare centre have faced court after a nine-month-old baby was badly burnt by hot water during an activity in the nursery.

Stefania Giacchi 31 (left) and Zaklaw Pty Ltd director Edward Zaki (right) leave court Picture: NCA Newswire / Gaye Gerard

A nine-month-old baby was badly burnt after a hot water jug tipped over while childcare workers at a southern Sydney early education centre were making “goop”, a court has heard.

A court has heard the baby was in the nursery at Rise & Shine Education in Carlton on October 14 2019 when two staff members were preparing a “goop” activity, being a substance similar to play dough.

A staff member placed a hot water jug on the floor as her colleague was busy with children, and the baby was subsequently burnt after coming into contact with the water.

Harrowing images seen by the St George Shire Standard which were taken by the child’s father at an emergency room reveal the baby’s arm was badly blistered and covered in red marks.

The kindergarten’s nominated supervisor Stefania Giacchi, 31, was thereafter charged by the Department of Education with failing to ensure every reasonable precaution was taken to protect children from harm or hazard.

Generic image of Rise & Shine Kindergarten in Carlton, NSW.

Zaksaw Pty Ltd, who appeared in court through director Edward Zaki, 39, was also charged by the Department with failing to ensure every reasonable precaution was taken to protect children from harm or hazard as an approved provider.

Zaksaw owns Rise & Shine Carlton.

Court documents state neither Giacchi nor Zaki were present or directly involved in the hot water incident which resulted in the child’s injury.

Giacchi and Zaki, on behalf of Zaksaw, both pleaded not guilty to their respective charges but were found guilty by Magistrate Susan Horan after a hearing at Downing Centre Local Court in April 2022.

At sentencing yesterday, Ms Horan described the injuries suffered by the child.

“The child was young and vulnerable, being nine months old while in the nursery, and the burns in those photographs were not insignificant,” Ms Horan said.

Stefania Giacchi 31 (left) leaves court with a supporter. Picture: Gaye Gerard

Director of Zaklaw Pty Ltd Edward Zaki. Picture: Gaye Gerard

“The photographs speak for themselves – they appear on the child’s arm, at least from around the wrist area to around the elbow, with multiple blisters and red marks.”

Ms Horan acknowledged the burns were mostly superficial and unlikely to cause any long term damage.

“It was significant, though not lasting,” Ms Horan said.

“The defendants acknowledge the physical pain that would have been associated.”

Ms Horan said the failures of Rise & Shine’s staff were the failures of the defendants to ensure hot water jugs were always on an adult height bench and that preparation for related activities were conducted at an adult height bench.

The magistrate also acknowledged Giacchi and Zaki had expressed appropriate sympathy to the child’s family, who received a bouquet of flowers from them after the incident.

An account from the child’s father was tendered to the court, in which he said Zaki explained “there were mistakes made by the staff on various levels” and he was “disappointed in the situation”.

“He admitted there should not have been hot water in the nursery and there were unnecessary delays in treating the burns,” the child’s father wrote.

Ms Horan convicted both Giacchi and Zaksaw of the offences, fining Giacchi $600 and the company $3000. Giacchi was ordered to pay $6000 in professional costs and Zaksaw $9000.

Following the court proceedings, a Rise and Shine Kindergarten spokeswoman provided a written statement.

“We are incredibly conscious of the trust that parents put in us every day to keep their children safe while we educate and care for them,” she said.

“This service has been rated exceeding national quality standard and has been running for eight years, totalling 146,000 child/days of care.

“We have not had any compliance issues prior to, or since this incident; nor have we had any of this type of incident in any of our 10 other services.

“The child’s parents entrusted us to continue to provide care for their child after the incident occurred. We are devastated this incident happened in the first place, and are extremely grateful that the child made a full recovery.”