In the case of Chief Executive Officer of The Department of Communities and ES5 Pty Ltd Trading as Buggles Childcare Beeliar, 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, and Regulation 174(2), National Regulations, by the approved provider. In this case, three children, all below four years of age, exited the service’s outdoor yard through an outdoor gate.
The children were found playing on a footpath adjacent to the service’s boundary fence. A parent who was leaving the service after collecting her child, noticed the children outside and ushered them back into the service. Further details can be found in the report of the case. The Tribunal imposed a fine of $22,000 for the breaches. In addition, the approved provider was ordered to pay $2,000 towards the Department's legal costs. A media release was also published by the Department.
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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