Proposed Class Action Against Child Care Providers
Gerard Malouf & Partners is investigating serious failures in child care centres across Australia.
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.
If your child attended long day care between 2015 and 2024 and you have concerns about safety, staffing, or care quality, you may be eligible to join the investigation.
About the class action investigation
The investigation focuses on whether child care providers have fulfilled their legal duties and contractual obligations to families, with a particular focus on:
- 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.
Current status
Initiated
- 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.
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.
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.
Be part of the investigation
Share your experience to help hold child care providers accountable and stay informed.
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