In CEO of Department Of Communities and G8 Education Ltd t/as The Learning Sanctuary Kings Square 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 sections 165(1) and 167(1), National Law., by the approved provider. In this case
two children were left unsupervised outdoors, playing with a skipping rope.
This led to a three-year-old being found unresponsive, hanging from a slide after the child had become entangled in the rope. The child required chest compressions before regaining consciousness and being transferred to hospital. Further details can be found in the report of the case (including annexure A).
The Tribunal imposed a $50,000 fine for the contravention of section 165(1) and $40,000 for the contravention of section 167(1). In addition, the approved provider was ordered to pay $2000 towards the Department's legal costs. A media release was also published by the Department and a media interview held..
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.