The NSW Regulatory Authority, Department of Education, has recently published details of prosecutions it has undertaken under the National Law:
Kidstart Family Day Care Pty Limited ATF Kidstart Unit Trust, approved providers of Kidstart Family Day Care, were prosecuted for breaches of ss.165, 167, 51(8), and regulation 136(3)(a). Specifically, the approved provider:
• failed to ensure that the child was adequately supervised at all times;
• failed to ensure that every reasonable precaution was taken to protect the child from harm and from any hazard likely to cause injury in that it:
o had not provided sufficient refresher training to the educator on its policies and best practice relating to sleep and rest. Kidstart provided training on Red Nose sleep practices and procedures on 3 October 2017, however this was not refreshed prior to 4 March 2019;
o did not monitor the educator to ensure compliance with its obligations to protect children from harms and hazards;
o did not prevent the educator from providing education and care services without a current Cardiopulmonary resuscitation (CPR) certificate;
• failed to comply with the condition of the service approval to ensure the safety, health and wellbeing of children in that it failed to:
o properly train and monitor the educator to ensure she had full knowledge and understanding of policies, procedures, and guidelines;
o ensure the educator’s CPR qualifications were current while educating and caring for children;
o adequately inspect the premises and monitor the educator’s compliance with the Law, guidelines and policies;
o adequately inspect the residences of other educators registered with the service and to monitor their compliance with the Law, guidelines and policies; and
• failed to ensure the educator held a current approved first aid qualification.
They were convicted at the Sydney Downing Centre Local Court and fined $176,000.
CBS Group Investments Pty Ltd ATF CBS Group Trust, approved providers of Cherry Bridge Station Ropes Crossing Plaza Early Learning Centre, were prosecuted for 13 offences of failing to ensure that a child being educated and cared for at the service was not subjected to discipline that was unreasonable in the circumstances (s.166(1)(b)) and 10 offences of failing to notify a parent within 24 hours of an incident, injury, trauma or illness while the child was being cared for (regulation 86(1)). They were convicted at Penrith Local Court and fined $15,750. In addition, an educator at the service was fined $6,900 for 10 offences of failing to ensure that a child being educated and cared for at the service was not subjected to discipline that was unreasonable in the circumstances (s.166(3)(b)).
Comments