In a recent case heard by the Western Australian State Administrative Tribunal an order was made which gave effect to the terms of settlement in relation to a matter brought before the tribunal by the WA Regulator (Department of Communities) for contravention of section 167, National Law, by Honeywell Enterprises Pty Ltd (approved provider). The contravention related to the Bluebird Early Learning Centre. In this case a 16 month old child sustained injuries when hot tea spilt on him. The hot tea was in a travel mug that had been placed by an educator on top of a mini fridge, within the child’s reach. The child was treated at hospital for second-degree burns to his forearm and required multiple follow-up appointments. Further details can be found in the report of the case (including Annexure A). The Tribunal imposed a fine of $25,000 plus 2,000 for legal costs. The Department of Communities issued a media release on this case.
In Western Australia, uniquely, such matters as this are generally heard as disciplinary matters under the National Law (WA), see the article by David Oliver in The Sector that explains the process in detail.
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