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 21 20 7 14
Compliance notice 13 20 21 12
Direction to exclude inappropriate persons 1 0 0 1
Prohibition notice 0 5 3 7
Condition imposed 24 57 70 42
Enforceable undertaking 2 10 2 9
Total 61 112 103 85

Table last updated: 30 September 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.

Yorketown Area School OSHC (SE-40029781)

Address: 1 School Rd, Yorketown, SA 5576. 

Approved Provider: YORKETOWN AREA SCHOOL COUNCIL INC (PR-40036994)

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

  • Regulation 84C – Risk assessment for purposes of sleep and rest policies and procedures
  • Regulation 90 – Medical conditions policy
  • Regulation 97(2) – Emergency and evacuation procedures
  • Regulation 97(3)(a) – Emergency and evacuation procedures
  • Regulation 101(2)(a) – Conduct of risk assessment for excursion
  • Regulation 168(f) – Education and care service must have policies and procedures 
  • Regulation 168(ha) – Education and care service must have policies and procedures 
  • Regulation 170 – Policies and procedures to be followed

Action Taken: 
Issue of Compliance Notice (Section 177 of the National Law) on 3 October 2025 requiring the following by 24 October 2025: 

  1. A reviewed Sleep and Rest Risk Assessment ensuring it meets Regulation 84C. 
  2. A Medical Conditions Policy that meets the requirements of Regulation 90. 
  3. Documentation as stated in the Medical Conditions Policy (Regulation 90) for each child enrolled at the education and care service that has a specific health care need, allergy or relevant medical condition as listed throughout Regulation 90(1)(c). 
  4. A risk assessment identifying potential emergencies that are relevant to the Service. 
  5. Documented rehearsal that confirms an invacuation, and an evacuation has been rehearsed within the last month 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 was present at the time of the rehearsal 
  6. A 12-month dated schedule that reflects proposed 3 monthly rehearsals of emergency and evacuation procedures. 
  7. An Excursion Risk Assessment that considers the proposed route. 
  8. A Delivery and Collection of Children Policy meeting the requirements of Regulation 99. 
  9. A Safe Use of Digital Technologies and Online Environments Policy meeting the requirements of Regulation 168(ha), including considerations of the National Model Code. 

Happy Haven OSHC North Ingle (SE-40002188)

Address: 7 Rothwell Ave, Ingle Farm SA 5098.

Approved Provider: Happy Haven OSHC PTY LTD (PR-40001361)

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

  • Regulation 170(1) – Policies and procedures to be followed 
  • Regulation 176 - Time to notify certain information to Regulatory Authority 
  • Section 165(1) – Offence to inadequately supervise children 
  • Section 167(1) - Offence relating to protection of children from harm and hazard 
  • Section 174 - Offence to fail to notify certain information to Regulatory Authority 

Action Taken: 
Issue of Emergency Action Notice (Section 179 of the National Law) on 15 October 2025 requiring the following:
Actions required: 

  • The service may not provide education and care to any child who may require prescribed medication unless: A current medication plan is in place; and 
  • The prescribed medication is available on site; and 
  • The service ensures that all medication is stored in a locked, clearly labelled cupboard that is inaccessible to children at all times. 
  • The service must advise parents and guardians of all children enrolled at the service of the requirements set out in point 1 of this notice and provide evidence of this communication to the ESB by a specified time. 
  • The approved provider must notify the parents and guardians of all children enrolled at the service of the contents and actions outlined in this notice and provide evidence to the ESB by a specified time.
  • The approved provider must provide the following evidence to the ESB that was not received as required in the notices issued to you in August and September 2025 by a specified time. 
  • Evidence that all service staff have undertaken training with a focus on:
    - Providing adequate supervision of children; and 
    - Supporting children with complex needs. 
  • The approved provider must provide evidence of any risk assessments or risk mitigations actioned to ensure only authorised persons are able to collect children from the service. 
  • The approved provider must provide evidence that all staff have immediate access to the following information at all times during operation: 
    - authorisations for the delivery and collection of children. 
    - booking and attendance records for the service. 
  • The service must operate with one (1) staff members above minimum requirements until a specified time.

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.

Guardian Childcare and Education Nairne (SE-40026167)

Address: 1 Chestnut Dr, Nairne SA 5252

Approved Provider: Guardian Community Early Learning Centres Pty Ltd (PR-00000823)

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

  • Section 167(2) - Offence relating to protection of children from harm and hazard.
  • Regulation 105 – Furniture, materials and equipment 
  • Regulation 114 – Outdoor space - shade

Action Taken: 
Issue of a Emergency Action Notice (Section 179 of the National Law) on 30 September 2025 directing the Approved Provider to take the steps specified below to remove or reduce the risk within the times specified.

Actions required by a specified time:

  1. The service must remove all temporary gazebo’s from the outdoor play spaces.
  2. The service must notify the families of all children enrolled at the service of the contents and actions outlined in this notice.
  3. The service must provide evidence to the ESB that actions 1 and 2 outlined above are complete.  
  4. The service must undertake a risk assessment of the outdoor play spaces as it relates to Regulation 114 Outdoor space – shade, specially addressing the use of cantilever umbrellas. 
  5. The service must provide evidence to the ESB that action 4 outlined above is complete.

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.