Independent Member for Kurrajong Thomas Emerson MLA has welcomed the release of almost 2,500 documents detailing serious incidents in the ACT’s early childhood education and care sector, but will dispute claims of privilege on information that is still being withheld from scrutiny.

The document release follows a motion moved by Mr Emerson in the ACT Legislative Assembly last June, after concerning reports of physical and sexual abuse, neglect, and unsafe practices emerged interstate. Mr Emerson said those reports created an obvious moral obligation to investigate any potential gaps that could be putting kids at risk in the ACT. 

Concerning Incidents Laid Bare

“The documents include a case where an educator faced multiple allegations of child sex abuse over a six-year period that weren’t picked up by the regulator. In another case, an educator was convicted of physically assaulting a child interstate, but was then allowed to work in centres here in the ACT,” Mr Emerson said.

“If the regulator is only discovering past incidents after further allegations emerge years later, that’s a blatant gap in the system that needs urgent attention.”

Mr Emerson noted some centres have faced multiple compliance actions by the regulator while still being rated - by that same regulator - as ‘exceeding the National Quality Standard’ (NQS). In one case, a major for-profit centre was rated as exceeding the NQS for staffing arrangements despite a disclosure from a former employee that the centre operated below the required educator-to-child ratio ‘almost every day’.

Important Information Continues to be Withheld

Mr Emerson welcomed the Minister’s acknowledgment that reforms were needed, after the Government had refused to support the original motion to release the documents and criticised it as a waste of resources. 

Mr Emerson said it was disappointing that, in September, the Canberra Liberals sided with ACT Labor in voting to conceal some of the most critical documents like witness statements, police reports, and internal investigation documents. This vote reduced the scope of documents from approximately 20,000 to just under 2,500.

In many incident reports - including some regarding the physical or sexual abuse of a child - all of the information about the incident is contained in attachments that have been withheld from release. Entire excerpts of witness statements and other critical evidence contained in the released documents have also been redacted.

Mr Emerson called for this information to be made public so that proper scrutiny can occur. 

“It’s unconscionable to block scrutiny when it comes to protecting our children,” he said. 

“I will be disputing the privilege claims on these redactions, and considering how to access the attachments that provide essential information about serious incidents.”

Transparency Required to Restore Confidence 

Mr Emerson said the document release was a vital step to rebuild trust in the sector.

“Without sufficient scrutiny and transparency, we’re seeing all centres – good and bad – being tarred with the same brush,” he said.

“We need to differentiate the exemplary centres from the dodgy operators who are prioritising profit over children’s safety.

“Trust in the sector won’t be rebuilt by platitudes, but by providing families with the level of transparency they need to make informed choices about who cares for their children.”

Mr Emerson said he would continue working through the documents and engaging with early childhood sector representatives and families about potential reforms.

Media Enquiries: Hannah Hughes | 0432 889 632 | [email protected] 

Background:

Almost 2,500 documents relating to more than 350 early childhood education and care centres were tabled in the ACT Legislative Assembly on 24 December, and have been provided to all MLAs. The documents include incident reports, complaints to the regulator, compliance enforcement notices issued by the regulator, and ministerial briefs. Two briefs relating to a case currently before the courts have been fully privileged, and more than 200 documents contain partial redactions beyond the scope of redacting personal details for privacy reasons as permitted by the original motion. 50-60 active cases have also been excluded due to the narrowing of the order’s scope voted on by the Assembly in September.

The documents will be published by the Clerk’s office on the Assembly’s website here. 

Examples of concerning reports in the document release include:

• Reports of children:
  • being thrown to the ground, 
  • being dragged,
  • being locked in a shed,
  • being kept in a car with an educator who was smoking a cigarette,
  • having their hair pulled by an educator resulting in them falling and hitting their head, 
  • going missing.
    

• In 2023 a child alleged that an educator had touched their genitals. During the regulator’s investigation, it discovered similar allegations had been made against the same educator in 2017 and 2018, and the educator was fired for accessing private information about families enrolled at the centre. 
  
  
• When an educator was investigated for inappropriate and physically aggressive behaviour toward children, the regulator discovered they had been convicted previously for physically assaulting a 10-year-old child in NSW.

• Multiple instances where there are allegations of indecent behaviour by staff, at the same time as separate incidents of sexualised behaviour of children are being reported. There does not appear to have been consideration given to whether children’s behaviour could point to potential abuse by staff, despite allegations co-occurring at the same centre.
  
  
• One centre is rated as exceeding the National Quality Standard, but has had four enforcement actions listed in the last two years, including where a nominated supervisor was banned from working after their conduct was found to be ‘grossly negligent’ and ‘likely to cause injury.’ In another document, a former employee discloses that the centre was operating below the required educator-to-child ratio almost daily. That centre has not had their rating reassessed since 2022.