Inquest into the death of Jack Loh

Case Number: 2019/70629 

Date of Findings: 22 December 2021

Magistrate: Deputy State Coroner, Magistrate Derek Lee

Catchwords: CORONIAL LAW –  cause and manner of death, early childhood education and care, family day care, regulatory authority, Kidstart Pty Ltd, Department of Education, safe sleeping practices for infants and babies, persistent pulmonary hypertension of the newborn, National Quality Framework, Australian Children’s Education & Care Quality Authority, Education and Care Services National Law, Education and Care Services National Regulations, child care rebate.

Responses

Recommendations

To the NSW Government:

1. I recommend that the NSW Government, in consultation with the governments of other jurisdictions under the National Quality Framework, take steps to amend the Children (Education and Care Services) National Law (NSW) (National Law) so that family day care Educators are required to undertake mandatory safe sleep training. 
2. I recommend that the NSW Government support the proposal under the National Quality Framework review to require that family day care Educators complete the Certificate III in Early Childhood Education and Care before they can commence as an Educator.
3. I recommend that the NSW Government, in consultation with the governments of other jurisdictions under the National Quality Framework, take steps to amend the regulatory regime in relation to family day care Services so that Approved Providers are required to undertake a risk assessment in respect of an Educator’s implementation of sleep and rest policies and procedures.
4. I recommend that the NSW Government, in consultation with the governments of other jurisdictions under the National Quality Framework, take steps to amend the National Law and/or Education and Care Services National Regulations (NSW) (National Regulations) to expressly prohibit the use of bassinets in all early childhood education and care settings. 
5. I recommend that the NSW Government, in consultation with the governments of other jurisdictions under the National Quality Framework, take steps to amend the National Law and/or National Regulations to require that an applicant for Provider approval (or the persons with management and control of an applicant) must:
   (a) have an approved diploma level education and care qualification or an approved early childhood teaching qualification; 
   (b) have at least three years’ experience in an education and care Service or children’s Service or a school or in a Service regulated under a former education and care services law; and
   (c) undertake a risk-based knowledge assessment administered by the Department to demonstrate an applicant has a sufficient standard of knowledge of how an education and care Service is to operate in compliance with the National Quality Framework.
6. I recommend that the NSW Government continue to work with the Commonwealth Government and other jurisdictions through the National Quality Framework review to enable a contemporaneous family day care register to capture requirements referred to in section 269 of the National Law, specifically those parts of regulation 153 of the National Regulations that relate to:
   (a) names and dates of birth of children attending the Service;
   (b) names and contact phone numbers of educators, coordinators and educator assistants;
   (c) days and hours of care and number of children attending per session;
   (d) relevant dates (for example, residence assessment date, educator commencement/end dates);
   (e) educators operating above ratio (and the applicable approved provider approved exceptional circumstance); and
   (f) Provider Digital Access numbers for family day care Educators and Coordinators.

To the Department of Education:

1. I recommend that the NSW Department of Education and the Department of Education, Skills and Employment (DESE) develop and implement an information sharing protocol which may require legislative amendment, such that it provides the NSW Regulatory Authority with access to relevant information held by DESE with respect to Approved Providers and family day care Educators.