Current compliance action

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Statutory compliance actions issue by type and year 

Type 2025-26 (FYTD) 2024-25 2023-24 2022-23
Emergency action notice 27 20 7 14
Compliance notice 20 20 21 12
Direction to exclude inappropriate persons 1 0 0 1
Prohibition notice 0 5 3 7
Condition imposed 46 57 70 42
Enforceable undertaking 5 10 2 9
Total 99 112 103 85

Table last updated: 3 November 2025

In this list, the National Law SA (below) means the Education and Care Services National Law (South Australia). National Regulations means the Education and Care Services National Regulations 2011.

Nido Early School Pennington (SE-40017270)

Approved Provider: Nest Early Education Services Pty Ltd (PR-40017270)

Details: 
A Delegate of the Education Standards Board (ESB) is satisfied that the Approved Provider has contravened: 

  • Section 167(1) – Offence relating to protection of children from harm and hazards 
  • Regulation 103(1) – Premises, furniture, and equipment to be safe, clean, and in good repair 
  • Regulation 84B –Sleep and rest policies and procedures 

Action Taken: 
Issue of Compliance Notice (Section 177 of the National Law) on 24 October requiring the following by a specified time. 

  1. Repair or replace all broken toy boxes.
  2. Remove all rusty or unclean outdoor play items.
  3. Relocate all stored items from the emergency cot.
  4. Secure broom and hose from toddler 1 bathroom out of children’s reach.
  5. Replace or secure hanging wires and remove unstable lamps from the indoor activity area.
  6. Remove the divider panel and items stored behind it in the nursery play area.

Little Shining Stars Early Learning Centre Virginia (SE-00011088)

Approved Provider: RP Education Pty Ltd (PR-40029747)

Details:
A Delegate of the Education Standards Board (ESB) is satisfied that the Approved Provider has contravened: 

  • Section 167(1) – Offence relating to protection of children from harm and hazards
  • Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair
  • Regulation 104 – Fencing

Action Taken: 
Issue of Compliance Notice (Section 177 of the National Law) on 24 October requiring the following by a specified time. 

  1. Inform parents of the contents of this notice
  2. Engage a fencing contractor to assess the property's fencing for compliance with the National Law and National Regulations and provide a copy of the assessment to the ESB.
  3. Provide evidence of a works plan to meet the fencing requirements outlined in the National Law and National Regulations, with a completion date of no later than 28 November 2025. 
  4. Replace the latch on the side gate leading to the front play area.
  5. Replace the playmat located in the baby-room. 
  6. Replace the bedding, including sheets and pillows in the kindy-room.
  7. Provide the ESB with a copy of a revised cleaning procedure for the entire service that includes all furniture and bedding in addition to existing cleaning procedures for all rooms, toilets and sleep spaces.

Moonta Area School OSHC (SE-00010661)

Address: Blanche Tce, Moonta, SA 5558

Approved Provider: Moonta Area School Governing Council (PR-00006226)

Details: 
A Delegate of the Education Standards Board (ESB) is satisfied that the Approved Provider has contravened: 

  • Regulation 95(a)- Procedure for administration of medication
  • Regulation 97(2)- Emergency and evacuation procedures, For the purposes of preparing the emergency and evacuation procedures, the approved provider of an education and care service must ensure that a risk assessment is conducted to identify potential emergencies that are relevant to the service. 
  • Regulation 97 (3) The approved provider of an education and care service must ensure that— (a)  in the case of a centre-based service, the emergency and evacuation procedures are rehearsed every 3 months by the staff members, volunteers and children present at the service on the day of the rehearsal and the responsible person in relation to the service who is present at the time of the rehearsal; and the rehearsals of the emergency and evacuation procedures are documented. 
  • Regulation 168(f) Education and care service must have policies and procedures; Delivery of children to, and collection of children from, education and care service premises, including procedures complying with Regulation 99;
  • Regulation 168(j) Education and care service must have policies and procedures; interactions with children, including the matters set out in Regulations 155 and 156; 
  • Regulation 170 -Policies and procedures to be followed
  • Section 167- Offence relating to protection of children from harm and hazards

Action Taken: 
Issue of Compliance Notice (Section 177 of the National Law) on 27 October 2025 requiring the following by a specified time.

  1. All children that have an allergy and/or relevant health condition must have a risk minimization and communication plan in place. 
  2. Update the emergency diagrams to ensure they reflect the correct exits and assembly locations.  Ensure they are located prominently next to the designated emergency exit. Move assembly area signs to correct areas as stated in updated diagrams.
  3. Complete an Invacuation and Evacuation rehearsal using correct assembly areas. 
  4. Review all cot sheets and discard any that do not fit tightly. Provide evidence of new cot sheets ordered.
  5. Review set up of infant sleep room to ensure to ensure it does not pose a risk to children.  Any amendments to the arrangement of the room must be suitable to enable adequate supervision and monitoring of children during sleep and rest.
  6. Remove and replace deteriorating wooden fence supports.
  7. Place finger guards on new gates that enter each room.
  8. Complete risk assessment for current white nappy change bench stairs. Repair or replace nappy change bench stairs. 

Our Patch at Paringa Park Primary School OSHC (SE-00010775)

Address: 21 Bowker Street, North Brighton SA 5048 

Approved Provider: Our Patch Education Pty Ltd (PR-40023083)

Details: 
A Delegate of the Education Standards Board (ESB) is satisfied that the Approved Provider has contravened: 

  • Regulation 95 – Procedure for administration of medication 
  • Regulation 97 – Emergency and evacuation procedures 
  • Regulation 107 – Space requirements – indoor space
  • Regulation 170 – Policies and procedures to be followed 
  • Regulation 171 – Policies and procedures to be kept available 

Action Taken: 
Issue of Compliance Notice (Section 177 of the National Law) on 20 October 2025, requiring the following by a specified time. 

  1. Medication which was expired at the time of the visit has been rectified 
  2. A medication audit has been completed, with evidence that all medications listed on children’s action plans are on site. 
  3. Action taken to ensure that all staff members can locate service policies and procedures.
  4. That the service has exclusive access to the gym during service operating hours.
  5. Records of emergency rehearsals conducted in the last six months. 
  6. Risk assessment which identifies potential emergencies relevant to the service.
  7. Medical conditions policy, interactions with children policy and delivery and collection of children policies.

Edge Early Learning – Royal Park (SE-40016293) 

Address: 162-168 Tapleys Hill Rd, Royal Park SA 5014

Approved Provider: Edge Early Learning South Australia Pty Ltd (PR-40027595)

Details: 
A Delegate of the Education Standards Board (ESB) is satisfied that the Approved Provider has contravened: 

  • Section 165(1) – Offence to inadequately supervise children 
  • Section 167(1) – Offence relating to the protection of children from harm and hazards 

Action Taken: 
Pursuant to Section 55 of the National Law, the following conditions were imposed on to the Service’s Approval from 29 September 2025:

  1. The service must not provide education and care to more than 70 children at a time.
  2. The service may not accept any new enrolments, other than for children with siblings already enrolled at the service.
  3. The service must operate with one (1) additional educator above minimum requirements in all rooms, at all times.
  4. The service must conduct and record attendance headcounts every 15 minutes in all rooms at the service.

Edge Early Learning – Munno Para West (SE-40021098)

Address: Lot 110, Andrews Road, Munno Para West, SA 5115

Approved Provider: Edge Early Learning South Australia Pty Ltd (PR-40027595)

Details: 
A Delegate of the Education Standards Board (ESB) is satisfied that the Approved Provider has contravened: 

  • Section 165(2) – Offence to inadequately supervise children 
  • Section 167(2) – Offence relating to protection of children from harm and hazards 
  • Regulation 103 - Premises, furniture and equipment to be safe clean, and in good repair
  • Regulation 170 – Policies and procedures to be followed

Action Taken: 
Issue of Compliance Notice (Section 177 of the National Law) on 4 September 2025 requiring the following by 25 September 2025:

  1. A medication audit has been completed, with all instances of non-compliance identified and addressed
  2. Emergency evacuation routes are free from clutter

The Compliance Notice also requires the following due by 9 October 2025:

  1. Supervision training is to be undertaken by all service staff working directly with children, in addition to those who were present at the time of the incident but do not work permanently at the service.
  2. All staff members of the service and those who were present at the time of the incident provide a written reflection of the training back to the Approved Provider, identifying key learnings and how they will be implemented in practice.

East Adelaide Primary School OSHC (SE-00010301)

Address: 57-59 Second Avenue, St Peters SA 5069

Approved Provider: East Adelaide Primary School Council Inc (PR-00006078)

Details: 
A Delegate of the Education Standards Board (ESB) is satisfied that the Approved Provider has contravened: 

  • Regulation 170 – Policies and procedures to be followed 
  • Section 165 (1) – Offence to inadequately supervise children 
  • Section 167(1) – Offence relating to protection of children from harm and hazard 

Action Taken: 
Pursuant to Section 55 of the National Law, the following conditions were imposed on to the Service’s Approval from 20 August 2025 until 28 November 2025: 

  1. The service must operate with two (2) additional staff members above minimum ratio requirements, and; 
  2. The service must conduct, and record head counts every thirty (30) minutes while the service is in operation. 

Edge Early Learning South Australia 

Compliance Type: Enforceable Undertaking                                                                                         

Approved Provider: Edge Early Learning South Australia Pty Ltd

Approved Provider Address: 70 Cordelia Street, South Brisbane QLD 4101

Reason for Enforceable Undertaking: 
The Regulatory Authority alleges that Edge Early Learning has failed to comply with section 19(2) of the National Law, which makes it a condition of a provider approval that the approved provider must comply with the law.

Date of agreed Undertaking: 
28 August 2025 

Details of Enforceable Undertaking: 
For a period of 12 months, through to 28 August 2026, Edge Early Learning undertakes to address the following key areas:

  • Approved Provider Leadership and Oversight
  • Staff Recruitment, Induction and Ongoing Professional Development
  • Educator Conduct and Children’s Safety
  • Edge Early Learning Service and Undertaking Governance

Edge Early Learning undertakes to: 

  1. Implement an organisational structure to have one (1) Area Manager to five (5) services.
  2. Require Area Managers to undertake a visit to each service they are responsible for at least once per fortnight. 
  3. Hold quarterly all-staff meetings, either in person or virtually, to provide a comprehensive overview of operational compliance. These sessions are to be led by the Chief Executive Officer or Head of Quality, Safety and Wellbeing, who outline key themes of non-compliance and present actions for improvement across South Australian services. 
  4. Within six weeks of the undertaking commencing, Edge is to engage an external organisational psychologist to undertake a staff engagement survey, focusing what staff believe they need in order to deliver quality and safe education and care. 
  5. Within twelve weeks of the undertaking commencing, Edge is to provide the ESB with a copy of the organisational psychologist’s report and staff engagement survey results, as well as an action plan to deliver against. 
  6. Within four weeks of the undertaking commencing, Edge is to engage an external consultant to review and within twelve weeks of the undertaking commencing, provide updated policies and procedures on recruitment, induction and ongoing professional development. 
  7. Edge is to provide the ESB with a monthly register of all staff employed by Edge at services in South Australia. 
  8. Commencing four weeks after the Undertaking commencing, on a quarterly basis Edge is to provide evidence to the ESB of induction and ongoing professional development training provided to staff.
  9. Implement a reduced ratio of 1:9 children for children aged 36-months up to and including preschool age. 
  10. Within two weeks of the undertaking commencing, the Head of Quality, Safety and Wellbeing will complete a review and update of the policy and procedure on supervision and head counts. This will be implemented within six weeks of the policy and procedure being finalised. 
  11. Within four weeks of the undertaking commencing, Edge is to ensure induction of new staff includes food safety training as well as a bi-annual refresher. Evidence of implementation is to be provided to the ESB.
  12. Ensure that where a child has a known allergen, the Nominated Supervisor or Responsible Person observes and signs off on the child being provided with the correct food, with monthly reporting provided to the ESB. 
  13. Not apply to open or transfer services in South Australia for the duration of the undertaking (Twelve Months). 
  14. Meet with the ESB monthly, to discuss performance against the undertaking. 
  15. Notify the ESB in writing, within 48 hours, if it becomes aware of any matter which will have the effect that Edge is not able to comply with any condition of the undertaking. 
  16. Understand that the ESB reserves the right to conduct inspections at any Edge service during the Term of the undertaking in accordance with the National Law and National Regulations and take action proportionate to the risk presented.


Steps taken: 
To support Edge Early Learning’s ongoing compliance with the National Law and Regulations, the Regulatory Authority has accepted a written undertaking voluntarily provided by Edge Early Learning in line with the terms above and will monitor compliance with this undertaking over its 12-month duration. 

Failure to comply with the undertaking may result in the Regulatory Authority pursuing further enforcement action, including prosecution.