Childcare centres across the Australian Capital Territory are operating with a dangerous blind spot, unable to search for potential employees who have conditions or restrictions placed on them by the industry regulator, newly released documents have revealed.
A Case of Concerning Conduct
The documents, released by the ACT government, detail a specific incident from 2020 involving a childcare worker who was stopped from working in ACT family day care services. This action followed a New South Wales conviction for common assault against a 10-year-old child.
As a result of this conviction, the regulator imposed strict conditions, prohibiting the worker from being in childcare centres with children unless under direct supervision. These enforceable undertakings were formally signed in June 2020.
However, by November of that same year, the worker was reported for aggressive behaviour at a centre. The regulator was informed that the employee was yelling, slamming doors, and being physically aggressive towards objects in the presence of children.
The Limits of Enforcement
While the yelling and aggression were deemed inappropriate, they did not constitute a criminal offence. Nevertheless, the regulator concluded the behaviour demonstrated "a concerning lack of emotional regulation in the presence of children."
Further witness statements alleged that just days prior to this outburst, educators at the centre, potentially including this worker, had restrained a distressed child by holding them to their chest as the child struggled to break free.
Combined with the previous conviction and the new breach of conduct, the regulator ultimately prohibited the individual from working in the childcare sector altogether. Once a prohibition is issued, the childcare regulator informs Access Canberra, which then decides on the status of that person's Working with Vulnerable People (WWVP) clearance.
A Systemic Gap in Protection
The core issue highlighted by this case is the absence of a centralised database that childcare service providers can access to check if a job applicant is subject to an enforceable undertaking. Because these agreements are signed directly between the regulator and the individual worker, compliance relies heavily on the individual's honesty.
Kurrajong independent member Thomas Emerson, who brought the issue to light via a Legislative Assembly motion, labelled the situation deeply concerning. "The disturbing reality is that there are people who shouldn't be working with children who want to gain access to them, and who will look for weak links in order to do so," Mr Emerson stated.
He argued that relying on a worker to voluntarily disclose past child safety breaches to a potential employer is "completely ridiculous." Mr Emerson also pointed to a parallel flaw in the WWVP scheme, where employees are required to notify the government when changing workplaces. If a WWVP card is cancelled, only previously nominated contacts at their old workplace are notified.
"We can't be taking these kinds of risks when it comes to children's safety," Mr Emerson asserted. "We need a system that gives centres easy access to the histories of the people they're employing to look after our kids."
In response to the motion, ACT Education Minister Yvette Berry has committed to examining potential changes to ratios, board requirements, and qualifications to bolster safety and standards within the childcare sector.
