Class Action Against Child Care Providers

Gerard Malouf & Partners has launched an investigation into the standard of care provided by child care centres across Australia. This nationwide investigation follows disturbing revelations about alleged widespread failures to meet legal and regulatory obligations in the child care sector.

The class action seeks to remedy families whose children may have suffered harm or been placed at risk due to child care services that fell below legal standards and reasonable expectations.

Current status

Initiated

GMP Law is currently collecting information from affected families through a confidential national survey targeting experiences with long day care centres between 2015 and 2024.

Alarming disclosures in the ABC’s March 2025 program, ‘Four Corners’, reflect many of the concerns our legal team has independently identified through emerging enquiries and internal analysis. The program follows the Parliamentary Inquiry, where over 2,000 pages of previously confidential NSW Government documents were released through a Parliamentary Order, revealing hundreds of disturbing incidents involving children in care.

The investigation is particularly focused on instances where:

Child safety protocols were compromised
Staffing and supervision fell below regulatory requirements
Overall quality of care failed to meet legal standards.

Next Steps

Our legal team will review survey responses to assess whether there are grounds for a potential class action.

Key developments

In April 2025, a major ABC investigation uncovered systemic failures across Australia’s $20 billion childcare industry.

Documents released through parliamentary action by NSW Greens MP Abigail Boyd detailed hundreds of concerning incidents between 2020 and 2024, including:

Cases of children being physically mistreated
Inappropriate sexual behaviour
Serious injuries such as dislocated elbows, fractures, burns, fractured skulls, and haematomas.

The documents also exposed allegations of childcare subsidy fraud and dangerous over-enrollment practices, with some centres exceeding capacity by up to 40 per cent to claim additional funding.

These revelations have prompted a NSW parliamentary inquiry, launched on 20 March 2025. They have also sparked growing calls for a Royal Commission and proposals to establish an independent Early Childhood Commission.

About the class action

This potential class action addresses serious concerns about the standard of care delivered by childcare centres across Australia. The investigation focuses on providers’ alleged failure to meet their legal and regulatory obligations, potentially resulting in both financial losses and safety concerns for families.

The core issues of this potential class action include:

Safety breaches: Reports of children being mistreated or injured while in care
Staffing and supervision issues: Concerns about inadequate staff-to-child ratios and supervision
Quality of care deficiencies: Services falling below the standard that families have paid for
Regulatory non-compliance: Childcare centres allegedly failing to meet mandatory requirements.

The investigation focuses on whether child care providers have fulfilled their legal duties and contractual obligations to families, with a particular focus on three key areas: child safety, staffing requirements, and the overall quality of care provided.

What’s next?

GMP Law will continue gathering information through the national survey to assess whether childcare providers have breached their obligations.

If significant breaches are identified, we intend to pursue legal action seeking compensation for affected families based on:

Breach of the Australian Consumer Law
Breach of contract
Negligence.

Are you eligible to participate in the investigation?

If you or your family used long day care services in Australia between 2015 and 2024 for your child and experienced issues related to child safety, staffing and supervision, or quality of care, you may be eligible to participate in this investigation.

Participation in the survey is free, voluntary, and strictly confidential.

To register your interest complete the confidential survey.

Risk-free participation

There is no financial risk in registering with our firm and becoming a class member. We operate on a No Win No Fee basis. You will not incur any legal fees unless we win your case. If successful, the court may order the defendant to cover your legal fees and out-of-pocket expenses.

If the claim is unsuccessful, you will not be personally liable for any costs.

Take action today to ensure your rights are represented and to pursue the compensation you deserve.