In this case, an order was made by the WA State Administrative Tribunal 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 sections 167(1) and 165(1), National Law, by TBZ Leyte Holdings Pty Ltd (approved provider). The contravention related to an incident at Bright Start Child Care Centre in Katanning. In this case, an 11 month year old child crawled over to an unattended bucket of hot water, using it to stand up and losing his balance, resulting in the child’s right arm – from his wrist to his shoulder - coming into contact with the hot water. The child was taken to hospital for treatment for the burns received. The bucket had been three quarters full in preparation for cleaning the floors. Further details can be found in the report of the case (including Annexure A). The Tribunal imposed a fine of $25,000 for breach of section 167 and $7,500 for breach of section 165. In addition, they were ordered to pay $1,500 towards the Department's legal costs. The Department also published a media release on the 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.
Comments