One of the blog subscribers has advised me that the NSW Regulatory Authority (Department of Education) has recently published, on its website, details of its latest prosecutions. Some of these go back to 2022!:
G8 KP Pty Ltd (approved provider), operator of Kindy Path Forresters Beach, was convicted at Gosford Local Court and fined $10,000 for breach of section 167. Specifically, it failed to ensure that every reasonable precaution was taken to protect a child from harm and from any hazard likely to cause injury in that it failed to ensure a toy kitchen sink was situated on a stable, even surface, or otherwise fastened in a position to prevent tipping; and failed to conduct a risk assessment in relation to the set up and use of the toy kitchen sink.
Day Care Services Pty Ltd (approved provider) of the Miss Helena's Place service, was convicted at Liverpool Local Court and fined a total of $4,000 for breach of section 165(1). It was found it failed to ensure that all children being educated and cared for by the service were adequately supervised at all times in that a child was able to leave the service premises without the knowledge of staff and was not adequately supervised; and it failed to have in place and to enforce systems to ensure children were supervised at all times, and in a manner that prevented a child from leaving the service premises unaccompanied. In addition the nominated supervisor of the service was sentenced at Liverpool Local Court to a Conditional Release Order, without conviction, for a period of 2 years for breach of section 165(2).
ABC 123 Childcare & Early Learning Pty Limited (approved provider), operator of Clovel Childcare & Early Learning Centre - Liverpool was convicted at Liverpool Local Court and fined a total of $2,000 for breaches of section 165, section 167 and Regulation 99. It was found that it failed to ensure that all children being educated and cared for by the service were adequately supervised at all times in that a child was able to leave the service premises without the knowledge of staff and was not adequately supervised; failed to ensure that every reasonable precaution was taken to protect a child from harm and from any hazard likely to cause injury in that it failed to ensure that a child was supervised in a manner that prevented the child from leaving the service premises unaccompanied; failed to ensure that head counts were physically conducted and recorded accurately every 10 minutes; and failed to ensure that the policies and procedures in force at the service were followed. It also failed failed to ensure that a child leaves the service premises in accordance with the requirements of the regulations in that a child left the service unaccompanied and without the knowledge of staff. In addition, the nominated supervisor was found guilty for breach of section 165(2) at Liverpool Local Court however, without proceeding to conviction, the matter was dismissed under section 10(1)(a), Crimes Sentencing Procedure) Act 1999.
Little Triumphs Pty Ltd (approved provider), operators of Little Triumphs Early Education Centre and OOSH was convicted at Penrith Local Court and fined a total of $51,000 for breaches of sections 165(1), 167)1), and 51(8) plus breach of Regulations 102(1) and 177(2). The breaches related to a number of incidents relating to excursions and sleep practices; exceeding the numbers of children permitted on the service approval and keeping of enrolment records. In addition, the nominated supervisor at the Penrith Local Court, was convicted of one offence under s.165(2) and sentenced to a conditional release order for two years; sentenced to a conditional release order for 2 years without conviction for a second offence under section165(2); and convicted of two offences under section 167(2) and sentenced to a conditional release order for two years in relation to each offence.
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