Recently there have been a number of cases heard by the WA State Administrative Tribunal which gave effect to the terms of settlement in relation to matters brought before the Tribunal by the WA Regulator (Department of Communities).
the Approved Provider continued to operate from different premises despite not obtaining a new service approval. The original service approval (Wyndham Child Care Centre) was suspended while the premises were being renovated. For the purposes of the investigation an inspection was conducted and the approved provider was requited to provide certain documents as well as being issued issued with a compliance notice for the production of certain documents. The approved provider failed to comply with the documentation requests. The Tribunal found that the approved provider:
contravened section 103 of the National Law by providing an education and care service that was not an approved education and care service.
contravened section 217, National Law by refusing or failing to comply with a requirement under section 215, National Law.
contravened section 175, National Law by failing to keep prescribed documents available for inspection by an authorised officer.
contravened regulation 103, National Regulations by failing to ensure that the Service premises and all equipment and furniture used in providing the Service were safe, clean and in good repair.
contravened section 177(3), National Law by failing to comply with a compliance notice under subsection (2) within the period specified in the notice.
The approved provider was reprimanded for the contraventions of section 103(1) National Law and of regulation 103, and ordered to pay $3,000 for the contravention of section 217, $2,000 for the contravention of section 177(3), and $2,000 for the contravention of section 175. In addition, they were ordered to pay the Department a contribution toward its legal costs of $2,000.
In CEO of Department of Communities And OSHClub Pty Ltd t/As Woodlands OSHClub, a child aged 6 was left unsupervised for 2 hours as educators thought that the child was not in attendance. The Tribunal found the approved provider in breach of section 165(1), National Law, and was fined $22,000 plus $2,000 for the Department's legal costs.
In CEO of Department of Communities and Camp Australia Pty Ltd t/As Camp Australia Makybe Rise Primary School, two children while on an excursion to a park left the park and were found by members of the public. The Tribunal found the approved provider in breach of sections 165(1) and 167(1), National Law, and was fined $75,000 plus $2,000 for the Department's legal costs.
In CEO of Department of Communities and Camp Australia Pty Ltd t/As Cloverdale Primary School OSHC, there were two incidents. In the first incident a 5 year old child with a number of neurological issues was found by a school staff member unsupervised outside the service premises. In the other incident, a school staff member found a child belonging to the service alone and unsupervised. The Tribunal found that the approved provider breached sections 165(1), and 174(2)(a) and fined them $73,000 plus $2,000 for the Department's legal costs.
In CEO of Department of Communities and Camp Australia Pty Ltd t/as West Leederville Primary School OSHC, two children moving from one location of the service to another (unsupervised) were noticed by the school principal, who called them back, at the school gate before running down the street. The Tribunal found the approved provider in breach of section 165(1), National Law, and was fined $25,000 plus $2,000 for the Department's legal costs.
In CEO of Department of Communities and Camp Australia Pty Ltd t/as Coolbinia Primary School OSHC, a 9 year old child while on an excursion to a science exhibition became separated from the group with educators searching for the child. They were found by an educator from another service in a different part of the exhibition. The Tribunal found the approved provider in breach of section 165(1), National Law, and was fined $22,000 plus $2,000 for the Department's legal costs.
In CEO of Department of Communities and Camp Australia Pty Ltd t/as Camp Australia Bannister Creek Primary School OSHC, a 5 year old child while on an excursion to the museum separated from the group and was found by museum staff. The Tribunal found the approved provider in breach of section 165(1), National Law, and was fined $25,000 plus $2,000 for the Department's legal costs.
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.
コメント