A childcare centre cannot reopen after children allegedly ate scraps of food off the floor, did not receive first aid after falls and were repeatedly left unsupervised.
The serious safety concerns raised at Angel's Paradise Wagga Wagga, in southern NSW, come as advocates raise concerns about the quality and availability of childcare in regional areas nationwide.
An estimated 3.7 million Australians lived in a childcare desert in regional Australia, according to the Regional Australia Institute.
Court documents reveal Angel Paradise was closed immediately after an inspection in September in which education officials found there was "an immediate risk to the safety, health or wellbeing" of children.
Further analysis of CCTV showed alleged breaches including children being left for extended periods in high chairs and suffering falls after being placed unsecured in baby bounces.
At least one staff member did not hold a working with children check and had not done any formal training in early childhood education, the documents revealed.
Other concerns raised by the Department of Education in shutting down the centre were that children were allegedly seen eating food scraps off the floor amid a "lack of general hygiene" and staff using phones when they were supposed to be supervising.
A tribunal on Monday upheld the six-month suspension placed on the centre, despite the owner arguing it would be forced to close permanently due to financial strains if it could not operate in the meantime.
Safety concerns were first raised by a parent after their child allegedly returned home in August with an injury requiring medical attention.
The centre's director, John Tanios, initially told the department he had viewed CCTV footage and did not witness the child sustaining any injuries, offering a sworn affidavit and 30 minutes of the footage to satisfy the investigation.
But footage of the two days surrounding the alleged injury revealed much more.
The department alleges the child can be seen climbing and falling off a cupboard while unsupervised, after which they appeared either distressed, crying or asleep until being picked up at the end of the day..
Several of the breaches were deemed to be serious and “indicative of substantial and ongoing risk to the health, safety and wellbeing of children", which allowed the department to order the immediate shutdown.
The centre's operators plan to contest the finding with much to rest on the CCTV footage.
While describing the centre's defence as "not hopeless", the NSW Civil and Administrative Tribunal rejected an assertion the education department was “hyper vigilant” and had overreacted.
"There are far too many serious alleged breaches," the tribunal said.
"The unacceptable risk to the health, wellbeing and safety of the child can best be protected by refusing a stay."
Mr Tanios has disputed many of the allegations.
But new measures would be implemented to address some conduct, such as the use of mobile phones while educating children and children eating off the floor.
Along with his now ex-wife, Mr Tanios operated a total of three childcare centres including the currently closed centre in Wagga.
A lack of adequate childcare in regional centres has prompted interventions by the federal government, including new laws aimed at encouraging more workers.
Roughly 21,000 more qualified professionals are required to address the shortfall and another 18,000 are needed to meet future demand, according to Jobs and Skills Australia.
The Regional Australia Institute in 2024 meanwhile warned that the growth of childcare services was not fast enough and needed urgent collaborative action from government, business, the not-for-profit sector and communities.
"Without such action, our regional kids will continue to miss out on the rich rewards of early childhood education and care," it said.
