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 section 165(1), National Law, by True North Childcare (Inc.) (approved provider). The contravention related to Compass Early Learning Centre. In this case, during a progressive lunch, a two year old left the service and was not able to be located by educators and staff. The child was found by his father inside the cafe area of a Church (on the same site as the service). The father was working at the cafe. The child had been missing for six minutes and had climbed one flight of stairs and was on the the second flight to the first floor of the building. Further details can be found in the report of the case (including Annexure A). The Tribunal imposed a fine of $19,000 plus $1,000 for legal costs. The case was also reported in WAToday.
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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