Vesta Maudsland fined $13.5k after children escape from Sanctuary Early Learning Adventure centre

A Gold Coast childcare centre has been slapped with a hefty fine after two children – aged one and two – escaped from its premises.

A Gold Coast childcare centre has been fined more than $13,000 after a “systematic failure” in their supervision allowed two children to escape through an unsecured gate.

Southport Magistrates Court was told on Tuesday that the toddlers were unsupervised for about four minutes after leaving Sanctuary Early Learning Adventure – registered as Vesta Maudsland – through an open emergency gate on September 19, 2022.

The pair – aged one and two – made it to a footpath running along Maudsland Rd before returning to the centre’s carpark, still unnoticed by staff.

They were found and returned to the centre after a member of the public contacted the service and reported seeing two children outside and unaccompanied by an adult, it was heard.

The court was told the gate had been left open by a tradesperson after the centre’s sandpit was topped up the weekend prior.

Solicitor for regulatory authority the Department of Education Bronte Bezzina said there were several failings in policy and training that day.

Barrister Andrew O'Brien (left) leaving the courthouse after Vesta Maudsland – trading as Sanctuary Early Learning Adventure – was sentenced. Picture: Jessica Paul

Ms Bezzina said two educators were issued warnings for not checking the gate and that the employee in the outside area failed to scan it or position herself where she could see the children.

“Multiple educators indicated that they had not been trained further on implementation of policies other than their induction,” Ms Bezzina said.

“It’s not disputed that there were policies in place, but it is submitted on behalf of the regulatory authority that they weren’t followed on multiple occasions on that day and it doesn’t just fall on to that one employee that didn’t shut the gate.”

Representing Vesta Maudsland, barrister Andrew O’Brien said the breach was taken extremely seriously by the operator and they had since taken significant steps to improve their procedures.

“Your Honour would have confidence in two things – one, this was an aberration and two, it’s been dealt with,” Mr O’Brien said.

Acting Magistrate Sarah Thompson said the company had no relevant history and had since been proactive, with a document showing the centre now exceeded national quality standards.

“It is clear that there were breaches on that day and a systematic failure as to what was required in the adequate supervision of the children,” Ms Thompson said.

“The systems now put in place in my view mitigate any future risk that this kind of conduct will occur (again).”

Vesta Maudsland pleaded guilty to two charges and was fined $13,500, with a further order to pay $1750 in costs. No conviction was recorded.

A statement released by the Department of Education after the sentencing said it would continue to work with the early childhood sector to promote supervision and safe environments for children.

“If an approved provider’s steps to ensure children’s health and safety are inadequate, the regulatory authority will not hesitate to take appropriate action,” it said.