Independent MLA Thomas Emerson has condemned a move from ACT Labor and the Canberra Liberals to block the release of key documents related to serious incidents in ACT early childhood and education centres.

In the ACT Legislative Assembly in June, Mr Emerson successfully moved an order for the production of a range of documents relating to serious incidents and criminal conduct in the early childhood education and care sector, with documents due to be released by 25 September 2025.

Through a letter from the Chief Minister tabled in the Assembly on Wednesday, the ACT Government moved to retrospectively narrow the scope of the order by excluding a range of document types including police evidence and statements, incident reports, and correspondence between complainants and the ACT regulator, Children’s Education and Care Assurance (CECA). They argued that preparing these documents for release presented too significant an impost on the public service, and pushed for only formal regulatory notices to be published. The Government also sought to delay the release of documents by a further three months.

But Mr Emerson said the evidence that led to the issuing of regulatory notices, like correspondence with complainants and police statements, was precisely the information needed to scrutinise the regulation of early childhood education and care in the ACT.

“The purpose of the order was to gauge whether or not our regulatory system is keeping children safe in early childhood education and care settings,” Mr Emerson said.

“If we don’t have access to the evidence underpinning the regulator’s decisions, how can we determine if those decisions meet community expectations?

“We’ll now see significant ACT Government resourcing allocated to the release of large swathes of documents that may not include sufficient detail to actually deliver the level of scrutiny that our community expects.

“Meanwhile, the NSW Government is busy introducing extensive reforms on the back of a far more comprehensive release of documents through their parliament.”

During debate on the matter on Thursday afternoon, Mr Emerson circulated revised amendments aimed at addressing the Government’s concerns. This included by agreeing to withhold documents related to the 50 to 60 open investigations currently underway in the ACT, by narrowing the scope of the order from five years to three years, by extending the deadline for the release of documents by two months, and by excluding less important document types like child enrolment and attendance records. His amendments were supported by the Greens and independent MLA Fiona Carrick, but voted down by the Government and the Opposition.

“I appreciate the concerns raised about the diversion of public resources, and the impact of this work on public servants. But we’re talking about the safety of children here, and we only have to look interstate to see why this allocation of resources is justified. 

“I proposed amendments, in good faith, to reduce the volume of documents released while ensuring transparency isn’t undermined. It’s disappointing that neither major party could agree to a sensible middle ground, and instead teamed up to block the release of many key pieces of evidence.

“Children, parents, educators, and all the high-quality providers in the ACT deserve a strong regulatory system capable of ridding our early childhood sector of bad actors.

“The Government claims that trust has been eroded in the early childhood sector because of this push for transparency, but the reality is that trust in the sector has been eroded across the country because of regulatory failure. The only way to rectify that is with greater transparency, scrutiny and accountability.”

Quote attributable to Francis Ventura, Kidsafe ACT Chief Executive Officer: 

“For local families, the safety and wellbeing of their little loved ones is paramount. Kidsafe ACT has been horrified by the stories of children being injured — including seriously — as a result of inappropriate care. Canberrans deserve and require the full picture, so that there can be accountability, followed by necessary reforms to keep kids safer.”

Media Enquiries: Will Devine at [email protected] or 0402 183 296.

Background:

You can find Mr Emerson’s media release on his push for transparency in the sector from June 2025 here. 

You can find the original order for the production of documents here.

You can find the letter from the Chief Minister reducing the scope of the motion and extending the deadline for releasing documents here.

You can find Mr Emerson’s proposed amendment here.