Gungahlin childcare centre shut for repeated breaches of child health and safety

The ACT’s childcare regulator has stepped in to temporarily shut down a centre in Gungahlin after repeated reports of child health and safety breaches.

Children’s Education and Care Assurance (CECA) has ruled the Genius Childcare entre on Gribble Street will be unable to operate from 20 February to 5 March, with parents being referred to a site in Symonston instead – about a 20-minute drive away.

A spokesperson for CECA told Region it was deemed the “most appropriate action” and “in the best interest of children” after considering “all evidence and the issues of ongoing compliance”.

“During the suspension, CECA requires the provider to demonstrate that the service will be compliant with the national law and that steps are in place to ensure ongoing compliance,” the spokesperson said.

“If CECA is not satisfied that the provider will be compliant, further regulatory action may be taken.”

Genius Childcare runs more than 30 centres across the country, including five in the ACT, which it took over from G8 Education in early 2024.

The company has been in the news multiple times ever since for repeatedly failing to pay staff on time.

The United Workers Union (UWU) took the company to task in June 2024 after employees complained they were receiving pay up to five days late and superannuation contributions weren’t being made, with Canberra workers among those affected.

The following month, parents arrived at the Symonston centre one morning in July to find lawyers handing out a notice about how Genius had failed to pay its lease for the site.

Then again, in late 2024, there was a mass exodus of educators from Genius’s Gowrie centre who accused the company of consistently delaying wages and withholding superannuation and annual leave payments.

Some of the affected workers have since received their entitlements, but only after taking legal action against the company and its owner, Darren Misquitta.

CECA’s action is understood to have been prompted by events last week when the Gungahlin centre was suddenly closed for three days after educators refused to work because their wages had not been paid.

Data from CECA reveals it has received 35 complaints, incident reports or statuary notifications about the ACT’s Genuis-run centres over the past year, with Gungahlin racking up the most with 11, followed by eight at Gowrie, seven at Symonston, six at Condor and three at Bonython.

CECA has the power to issue emergency warnings if a service is operating in a manner that poses an immediate risk and can cancel a service entirely if it’s established its continued operation “would constitute an unacceptable risk to the safety, health, or wellbeing of children”.

Genius did not respond to Region‘s request for comment but told the ABC that it reported concerns like any other early education provider.

“This can range from minor incidents such as a scratch to more significant matters [like] reducing hours or closing the centre due to staffing arrangements,” the Genius spokesperson said.

“We are fully cooperating with the regulator and have engaged an independent third-party consultant to work closely with the Gungahlin service to review and enhance practices, ensuring we continue to meet the highest standards of care.”

In a letter sent to parents at the Gungahlin centre last week, Genius management warned of the shutdown.

“To ensure your child’s learning and routine remain uninterrupted, we are offering care at our Genius Symonston centre during this period,” the letter said.

The union said, “Large numbers of educators … are still waiting for their unpaid super, despite sporadic instances of payments of money owed”.

“Add unpaid super to the list of late wages, staff walkouts, frustrated parents, irate landlords and even rubbish collection services not being paid, and the closure of this Genius centre in Canberra for health and safety reasons is shocking but not surprising,” UWU president Jo Schofield told Region.

“United Workers Union is continuing to pursue unpaid super on behalf of hard-working early educators through the courts and will hold Genius accountable for flagrant breaches of its responsibilities.”