Latest NSW Enforcement Actions

The NSW Regulatory Authority under the National Law (Department of Education) has just updated its Enforcement Actions List with three new prosecutions.

Bunya Child Care Centre Inc. the approved provider of Bunya Child Care Centre, was prosecuted for breaching section 167(1) of the National Law. The facts of the case were that when an educator was removing a bottle from a bottle warmer, the bottle warmer was knocked over. The educator was holding the child when this occurred.

The child moved and cried out, and the educator saw that the bottle warmer had been knocked over toward them and water was on the bench. As a result of the bottle warmer having been knocked over, hot water splashed onto the child’s leg. The child was taken to hospital for treatment where the child’s burns were cleaned, blisters were deroofed, and an acticoat dressing was applied to superficial burns. The approved provider was convicted at Blacktown Local Court and fined $1500. In addition the nominated supervisor was convicted of breach of section 167(2) and was sentenced to a Conditional Release Order (CRO) without conviction. The CRO was made on the condition of good behaviour for a period of 2 years.

In the other prosecution, Abu Sefein Operating Pty Ltd, approved provider of Endeavour Early Education Concord, was prosecuted for breaches of sections 165(1) and 167(1) and Regulation 103. In this case a two year old child had left the outdoor space of the service, walked through one of the rooms in the service, then into the foyer through a door that was not secured. From there, the child entered the lift and travelled to the ground floor, existing the building. The child then wandered outside the service, near a major road, until found by members of the public who returned the child to the service. Staff did not realise the child was missing and the child was outside the service for approximately 26 minutes. The approved provider was convicted at Burwood Local Court and fined a total of $10,500.