CASE: Kids' Kinder Childcare Pty Limited v The Department of Education [2024] NSWDC 345

WARNING: Disturbing content; child abuse

Parents are entitled to expect that when they leave their children at a childcare centre, their children will be properly cared for. That did not occur at Jumpstart Childcare in Menai.

Kids' Kinder Childcare Pty Limited, operating as Jumpstart Childcare, pleaded guilty to several offences including subjecting children to unreasonable discipline, failing to protect a child from a hazard, and failing to ensure the safety and wellbeing of children at its service.

After receiving their sentence - an arguably not-so hefty fine - the sole director, Thomas Fanous, appealed against the severity of the sentence. On reviewing the facts, the appeal court agreed that the sentence needed to be appealed, but because it was too lenient and the fine was increased.