Edge Early Learning Higgins was ordered to close for four weeks. Photo: Region.
Parents have watched the Edge Early Learning Higgins saga unfold and asked the same question: how many serious incidents does it take before a childcare centre is shut down?
Figures obtained exclusively by Region reveal ACT regulators have issued 114 emergency action notices to childcare services over the past 13 years, yet only 10 resulted in a full or partial temporary closure of a service.
The data, released by the Children’s Education and Care Assurance (CECA), also shows nine childcare services have been suspended and six have had their approvals cancelled for breaching the Education and Care Services National Law since 2013.
While 114 emergency action notices may appear high, the vast majority – 66 – were issued during the COVID-19 pandemic and related to exposure notifications that required either full or partial closures to prevent the spread of the virus.
That leaves 38 emergency notices issued over 13 years for more traditional regulatory concerns, including unsafe physical environments, poor hygiene and failures in systems designed to protect children’s safety.
Even then, only seven resulted in a partial closure and three required a temporary closure of an entire service.
The figures come as the Education Directorate continues investigating Edge Early Learning Higgins, which was ordered to close for four weeks following allegations a child was given food they were known to be allergic to.
The case dominated last week’s Budget Estimates, where independent MLA Thomas Emerson questioned why the centre had not faced stronger regulatory action despite its compliance history.
The numbers prompted questions during Estimates about why regulators do not simply close centres when serious concerns arise.
Education Directorate executive branch manager Sean Moysey said the ACT’s powers are governed by the nationally agreed Education and Care Services National Law, which limits how long a service can be suspended without following formal legal processes.
He explained that emergency suspensions without a show-cause process are generally limited to 30 days. If regulators believe longer-term action is necessary, they must comply with procedural fairness requirements, allowing providers to respond before further enforcement action is taken.
“The considerations for the regulatory authority are: is it safe to reopen?” Mr Moysey told the committee.
“If there are longer-term issues … we consider what powers might be appropriate to exercise.”
He declined to comment on whether Edge Higgins would ultimately be permitted to reopen, saying the investigation remained ongoing.
The hearing also revealed that regulators can impose conditions on a service rather than suspend or cancel its approval.
In the case of Edge Higgins, the ACT Government confirmed conditions had been imposed earlier this year requiring the provider to restore staffing levels to those in place before Edge purchased the centre in 2022. Those conditions are currently the subject of an internal review requested by the provider.
Estimates also shed light on a broader challenge facing regulators as Australia’s childcare sector becomes increasingly dominated by large national providers.
Mr Moysey said the original national regulatory framework had not anticipated providers operating multiple centres across jurisdictions under different corporate entities.
As a result, regulators around Australia are now examining how to better monitor “related providers” and the individuals who exercise management control across childcare groups, rather than focusing solely on individual centres.
The reforms form part of a broader national child safety review, which is looking at whether regulators should have stronger powers to respond to repeated compliance issues across large provider networks.
