Gracemere childcare centre owners fined in Rockhampton court

A three year old girl was left on a bus for six hours only metres from a childcare centre. Now the owners of the centre have fronted court to face four charges over the bungle which nearly cost the girl her life.

DJ and ME O’Rourke Pty Ltd (aka O’Rourke Family Trust), which owns Le Smileys Early Learning Centre in Berserker and Gracemere, Michelle O’Rourke leaving court with barrister Scott Seefeld (front right) after being fined $50,000 in Rockhampton Magistrates Court for the directors' roles in the May 2022 incident where a child was left on a bus for six hours.

The owners of the childcare centre infamous for leaving a child trapped on a bus for six hours in May 2022 have been fined a large sum of money after fronting court for four charges in relation to the incident.

One of the directors of DJ and ME O’Rourke Pty Ltd (aka O’Rourke Family Trust), which owns Le Smileys Early Learning Centre in Berserker and Gracemere, Michelle O’Rourke pleaded guilty to four charges on behalf of the company currently in Rockhampton Magistrates Court – one count each of failing to adequately supervise children, fail to ensure service has policy or procedure in relation to regulated requirement, fail to protect a child from harm and/or hazard likely to cause injury and fail to take reasonable steps to ensure documents are accurate.

The Department of Education had the charges laid in relation to an incident on May 4, 2022 when staff discovered a child picked up that morning had been left on the centre’s bus.

The three-year-old girl left stranded on the hot daycare bus for six hours only metres from the centre miraculously survived after being flown to a Brisbane hospital despite being given a five per cent chance of survival.

The only child on the bus, she was discovered unresponsive and still buckled into her seat.

Police at the Le Smileys Childcare Centre in Gracemere where a child was found in critical condition on a parked bus, Gracemere. Photo: Steve Vit

During today’s court proceedings, the court heard Ms O’Rourke, a trained nurse, administered first aid to the child at the centre prior to Queensland Ambulance Service paramedics arrival.

Defence barrister Scott Seefeld said the incident had a “profound effect” on his client and her family.

He said the directors of the childcare centre immediately ceased the transportation of children after the incident and worked on improving policies and procedures, including one-on-one training, to ensure this never happened again.

Two former centre employees were sentenced in Rockhampton District Court in July 2023 after they both pleaded guilty to one count of grievous bodily harm.

The centre’s former director Bianca Maree Reynolds, 32, received a three year jail term, wholly suspended and operational for five years.

Bus driver Tara Alyce Steers, 31, received two years and eight months’ jail, also wholly suspended and operational for five years.

Both women lost their jobs and cannot work in the industry as a result of this incident, the District Court heard during their sentencing in 2023.

Crown prosecutor Joshua Phillips outlined how the two women repeatedly failed to follow the centre’s procedures and regulations imposed by governments in response to a case in Cairns in 2020 where a child died after being left in a childcare bus.

The Rockhampton Magistrates Court heard the owners of the Cairns children centre were fined $71,000 for their charges.

Acting Magistrate Stephen Byrne ordered O’Rourke Pty Ltd pay a $50,000 fine and the department’s costs of $2750 within 90 days.

No convictions were recorded.

Originally published as Gracemere childcare centre owners fined in Rockhampton court