Current compliance action

Sections in this page

Statutory compliance actions issue by type and year

Type	2025-26 (FYTD)	2024-25	2023-24	2022-23
Emergency action notice	12	20	7	14
Compliance notice	6	20	21	12
Direction to exclude inappropriate persons	0	0	0	1
Prohibition notice	0	5	3	7
Condition imposed	13	57	70	42
Enforceable undertaking	0	10	2	9
Total	31	112	103	85

Table last updated: 19 August 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.

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:

Implement an organisational structure to have one (1) Area Manager to five (5) services.
Require Area Managers to undertake a visit to each service they are responsible for at least once per fortnight.
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.
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.
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.
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.
Edge is to provide the ESB with a monthly register of all staff employed by Edge at services in South Australia.
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.
Implement a reduced ration of 1:9 children for children aged 36-months up to and including preschool age.
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.
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.
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.
Not apply to open or transfer services in South Australia for the duration of the undertaking (Twelve Months).
Meet with the ESB monthly, to discuss performance against the undertaking.
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.
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.

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

Address: 3 Arbequina Rd, Virginia SA 5120

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) and (2) – Offence relating to protection of children from harm and hazards
Regulation 77 – Health, hygiene and safe food practices
Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair
Regulation 104 – Fencing
Regulation 109 – Toilet and hygiene facilities

Action Taken:
Issue of an Emergency Action Notice under Section 179 of the National Law on 28 August 2025, requiring the service to:

Provide communication to the parents of all enrolled children of the service of the directions set out in the notice.
Not provide education and care from 29 August 2025 for a period of up seven (7) days, until the following directions have been actioned:
a. Remove or securely enclose all vermin pest control bait boxes to ensure they are not accessible to children.
b. Direct all service staff that they are to cease the practice of filling baby bottles at hand-wash basins and that all bottles must be prepared using appropriate kitchen facilities in line with safe hygiene and food handling practices.
c. Engage an external contractor to perform a deep clean of the service.
d. Replace all nursery cots that are not compliant with Australian Standards and ensure the emergency cot mattress is replaced with one that fits correctly.
e. Implement risk mitigations for all climbing points along boundary fences (including internal rails, garden beds, and resources) and replace fencing where necessary to ensure compliance.
f. Repair all damaged panels and exposed fixings (including the loose screw in the kindergarten yard).
Contact the Education Standards Board once all actions are complete to arrange a site inspection prior to recommencement of operations.

Edge Early Learning Plympton (SE-40017544)

Address: 208-212 Anzac Highway, Plympton SA 5038

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) and (2) – Offence to inadequately supervise children
Section 167(1) and (2) – Offence relating to protection of children from harm and hazards

Action Taken:
Issue of Emergency Action Notice (Section 179 of the National Law) on 22 August 2025, requiring the following:

Roster one (1) educator above the minimum requirement in each of the following rooms:
- Wattle
- Banksia
- Melaleuca
Conduct and record head counts every 15 minutes across each room at the service.
Clear all emergency exit routes of debris, discarded resources and carpet.
Provide evidence to the ESB that all emergency exit routes are clear of obstruction.

Brighton Primary School OSHC (SE-00010189)

Address: 1 Highet Ave, Brighton, SA 5048

Approved Provider: Brighton Primary School Council Inc (SA) (PR-00006022)

Details:

A Delegate of the Education Standards Board is satisfied that the Approved Provider has contravened:

Regulation 77(2) – Health, hygiene and safe food practices
Regulation 97(1)(b) – Emergency and evacuation procedures
Regulation 103(1) - Premises, furniture and equipment to be safe, clean and in good repair
Section 165(2) – Offence to inadequately supervise children
Section 167(1) – Offence relating to protection of children from harm and hazards
Section 172(1) – Offence to fail to display prescribed information

Action Taken:

Issue of Compliance Notice (Section 177 of the National Law) on 13 June 2025 requiring the following by 3 August 2025

Provide evidence of the following as per the timeframe stipulated within the notice.

Evidence that medication is stored securely and is not accessible to children.
Evidence that the kitchen area in the Cottage building has undergone a deep clean to ensure it does not pose a risk to the health and safety of children.
Copies of reviewed and clearly legible Emergency Evacuation Plans.
Evidence that Prescribed Information is displayed in an area that is accessible to families.
Evidence that any cupboards, storage areas and rooms within the OSHC space are secured and not accessible by children without an educator.
Evidence of communication to educators that the staff toilet door is to remain closed and not accessible to children.
Evidence that the cracked pane of glass in the Tarni Warra activity room has been repaired.
Copies of updated supervision policies showing:

The areas that pose a high egress risk, on either side of the Cottage building are being actively supervised.
The reporting processes and time periods for head counts of children attending the service
That toilet blocks being used by children are being actively supervised.