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Mick Ogrizek

Harm & Hazard (s.167): CEO, Dept. of Communities, GD & KJ Pty Ltd t/as Gummi Bears Child Care Centre

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 GD & KJ Pty Ltd (approved provider). The contravention related to the Gummi Bears Childcare Centre at Balcatta. In this case an educator was carrying a metal mixing bowl with recently boiled water in a container in the centre of the bowl with dry playdough ingredients around it. The bowl slipped from the educator’s hands and hit a table with the hot water splashing on a 5 year old child who was seated at the table. The child suffered serious burns. Further details can be found in the report of the case (including Annexure A). The Tribunal imposed a fine of $27,000. 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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