In Chief Executive Officer of the Department of Communities and OSHClub Pty Ltd t/as Como OSHClub, 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 OSHClub Pty Ltd (approved provider). The contravention related to an incident at a service they operate at Como Primary School. In this case, the service conducted an excursion to the Perth Zoo for 44 children (with six educators). The children wore yellow wrist bands (with the service mobile number on them) and a brightly coloured vests. A member of the public called the mobile number and informed the service that they had found a child, aged 4 years, alone and unsupervised near the meerkat exhibit. The child's absence had gone unnoticed for between 15-25 minutes. The Tribunal imposed a fine of $20,000. In addition, they were ordered to pay $2,000 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.
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