Recently the West Australian State Administrative Tribunal heard a number of cases:
In Chief Executive Officer, Department of Communities and Affinity Education Group Ltd T/As ASILO Bilingual Childcare, an order was made 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, and regulation 170(1), National Regulations, by Affinity Education Group Ltd (approved provider). The contravention related to Milestones Early Learning Yokine, (formerly known as ASILO Bilingual Childcare and Learning Centre). This case related to an excursion to a park. A two year old child left the park unnoticed by educators and educators were only alerted to their absence when a man called out to one of them that he had nearly hit a child with his vehicle. Further details can be found in the report of the case (including Annexure A). The Tribunal imposed a fine of $15,000 plus $1,000 for legal costs. The Department of Communities issued a media release on this case.
In Chief Executive Officer, Department of Communities and Wanslea Early Learning and Development Limited T/A Wanslea Beaconsfield Outside School Hours Care, an order was made 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, and regulation 170(1), National Regulations, by Wanslea Early Learning and Development Limited (approved provider). The contravention related to Wanslea Beaconsfield Outside School Hours Care. This case related to a 4 year old child who left the service unnoticed by educators and was missing for 35-50 minutes. The child was found by two members of the public some 650 metres from the service, having crossed a busy road, and returned to his home. The Tribunal imposed a fine of $13,000 plus $1,000 for legal costs. Further details can be found in the report of the case (including Annexure A).
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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