Approved Provider in Beckenham penalised for giving milk to two-year-old with dairy anaphylaxis.
An Approved Provider has been penalised by State Administrative Tribunal (SAT) for the fourth time since 2020 after a staff member gave a two-year old with anaphylaxis to dairy a 'Sippy cup' with cow's milk, resulting in hospitalisation.
G8 Education Limited, operating the service Great Beginnings Beckenham, was ordered by SAT to pay $42,500 (including costs) for failing to protect a child from harm and hazard.
During the incident, which occurred on 14 January 2026, the child was handed the cup and drank from it for approximately one minute. The child then examined the cup before taking more sips.
Within minutes, the child appeared unsettled, touched their mouth and began showing visible signs of distress. From there, the child's condition deteriorated quickly, with gagging, coughing and then vomiting.
After being taken to the bathroom, educators identified that the child was having an anaphylactic reaction to the milk and followed the action plan. On instruction from a 000 operator, the child was administered with an EpiPen while awaiting Paramedics.
Paramedics then arrived, administered a second dose of adrenaline, and transported the child to hospital.
It was later discovered that the service had a process in place for checking foods before they were given to children that required a 'three point check', but that there was no process for checking drinks, such as milk.
It was also noted that the service had been the subject of ongoing regulatory concerns relating to supervision, educator interactions with children, and health and safety practices.
A Department of Communities (Communities) investigation found that the provider had breached section 167(1) of the Education and Care Services National Law (WA) by failing to protect a child from harm and hazard.
More information on the Tribunal's order is available on the eCourts website .
As stated by Angelo Barbaro, Executive Director, Regulation and Quality, Department of Communities:
"This incident had the potential to result in life threatening consequences.
"The administration of adrenaline and subsequent hospitalisation of the child highlights the seriousness of the breach.
"This incident was entirely preventable. The child's allergy status was known, procedures existed, emergency planning was in place, and the exposure was avoidable if the established controls had been applied.
"Despite Communities' Education and Care Regulatory Unit (ECRU) providing ongoing information and support to the sector regarding the importance of protecting children from harm or hazard, we continue to see cases where inadequate adherence to processes and procedures has put children at risk.
"Strong regulatory action is warranted to reinforce sector-wide obligations to protect children from harm and deter similar non-compliance in the future.
"Services must ensure that their staff are suitably trained and supported to actively supervise all children in their care, no matter their needs or circumstances.
"ECRU has a strong compliance framework and will use the compliance tools available under the national law where there are serious breaches of the legislation.
"Western Australia continues to lead the nation when it comes to taking compliance measures to ensure the health safety and wellbeing of the children."
