WA Action Against Approved Provider Where Child Left Behind After Service Closed for the Day

In the case of CEO of Department of Communities and Maragon Australia Pty Ltd t/as Busy Bees Mirrabooka 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). In this case a 16-month-old child was left alone for approximately 23 minutes in the Busy Bees Mirrabooka service after educators closed the centre and went home for the day, leaving the child inside. The child’s mother arrived at the service at approximately 5:40pm to collect their child. However, the service was closed, unstaffed and with all the lights switched off. The service usually closes at 6pm. The mother contacted the approved provider, who stated that staff were returning to re-open the service.

At approximately 6:04pm, a staff member returned to the service and located the child, who was sleeping in a cot.

The Approved Provider was ordered to pay $16,000 for contravening section 165(1), National Law. Additionally, the Approved Provider was ordered to pay $1,500 towards the Department's legal costs. The Department issued a media release and a Sector Update in relation to this 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.