Oakhaul Pty Ltd, trading as Little Champions Child Care in Oakey has been fined for 31 health and safety breaches
A Darling Downs child care provider has been ordered to pay a large fine after it pleaded guilty to 31 safety breaches.
Police & Courts
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A Darling Downs child care centre has been ordered to pay $23,000 in fines after pleading guilty to failing to protect children from harm, and failing to provide a safe and clean environment.
The child care facility Little Champions Child Care in Oakey, also known as Oakhaul Pty Ltd, pleaded guilty to 19 charges in Toowoomba Magistrates Court on Monday, February 5 however sentencing was reserved until February 14.
The court was told no child was injured as a result of the failings, however the children were at risk of being harmed.
The incidents were picked up by a Department of Education auditor during unannounced visits at the “mum and dad” run childcare provider in 2022, after the service failed to meet earlier compliance checks.
The court was told during one of those visits staff did not know where Claritin medication was stored, despite having a child with allergies under its care.
The staff member told the auditor the important medication was in a locked medical cabinet, however it was not there.
Education Queensland prosecutor Anthony Harding said the risk posed was “grave”.
The court was told other breaches related to a sports hall on the premises, the most serious of which was an electrical lead running across a thoroughfare and fire exit, and near puddles of water.
Mr Harding said if a child were to plug the lead into an electrical socket, there was a risk of electrocution.
Mr Harding said on another occasion there were dead mice in the sports hall.
He also noted the public had access to the sports hall, and another charge related to staff not ensuring check-in, and check-out, paperwork was being completed.
Other failings heard in court included dirty and broken sandpit toys, a large metal ladder being left against a play area wall, the evacuation plan being hidden behind a bookcase, a lemon tree had sharp thorns, a gazebo posed the risk of fingers getting stuck, and that bamboo stakes leant against a yard fence posed an escape risk.
Barrister Scott Lynch, representing Oakhaul, said the provider had no criminal history.
Mr Lynch said the provider made every effort to comply with its duty and worked closely with the department to ensure compliance.
He said the level of danger the children were exposed to was “minimal”.
At the time of the incidents, the court was told there were roughly 20 children in attendance, however that number had doubled in 2023, with the centre turning its first profit of $100,000.
In handing down the sentence, magistrate Mark Howden said the most breaches were at the minor end of the scale and that no child was actually harmed.
He singled out one breach related to failing to maintain proper enrollment information as the most serious.
The breach related to a child who had a peanut allergy but for which there was no treatment plan on file if the child suffered an anaphylactic reaction.
The court was told the centre continues to trade under new management.
The offences included failing to protect children from harm and hazards likely to cause injury, failing to take reasonable measures to ensure documents are accurate, offence related to required programs of an approved provider, the premises furniture and equipment to be safe, clean and in good order, failure to comply with the conditions of a notice within the required time frame, fail to ensure a risk assessment is carried out in accordance with regulations, fail to ensure a copy of the emergency and evacuation floor plan and instructions are displayed, and authorisation for service to transport children as an approved provider.
No conviction was recorded.