- in Australia
A 28-year-old childcare worker has been charged following allegations she assaulted a toddler on multiple occasions at a Doonside childcare centre in Sydney's west earlier this month.
Officers attached to Blacktown Police Area Command received a report on Monday, 20 October 2025, concerning the alleged incidents, which are said to have occurred on Monday, 13 October 2025.
Following a prompt investigation, including witness interviews and review of available evidence, police charged the childcare worker with five counts of common assault.
The accused was issued a court attendance notice and is due to appear before Blacktown Local Court on Thursday, 4 December 2025.
Common Assault – Legal Framework
Under section 61 of the Crimes Act 1900 (NSW), common assault is defined as an act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful violence. The offence may also include actual physical contact, regardless of whether injury occurs.
- Summary vs Indictable Proceedings: Common assault is usually
prosecuted summarily in Local Court. However, it may be elevated to
an indictable offence where aggravating factors are present, such
as:
- The vulnerability of the victim;
- Multiple incidents of assault; or
- Use of a weapon or other means of harm.
- Penalties: The maximum penalty under section 61 is two years' imprisonment, a fine, or both. When the victim is a child under 16 years, courts often impose more severe penalties to reflect both the vulnerability of the child and the breach of trust inherent in caregiving roles.
Duty of Care in Childcare Settings
Childcare workers are entrusted with the safety and wellbeing of children under their care. This duty of care is codified in NSW law and encompasses:
- Children and Young Persons (Care and Protection) Act 1998 (NSW): Mandates that children must be protected from harm, abuse, and neglect. Failure to uphold this duty can result in both criminal and regulatory consequences, including license revocation or disqualification from childcare roles.
- Education and Care Services National Law (NSW): Requires childcare providers to ensure physical and emotional safety, enforce professional standards, and report any instances of suspected abuse to the authorities.
Alleged breaches of these duties not only carry criminal liability but may also trigger civil and administrative penalties.
Need Legal Assistance?
If you or someone you know is facing a common assault offence, speak with a Blacktown Criminal Lawyers
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.