In the case of CEO of Department of Communities and Mercy Community Services Ltd t/as Early Learning Service Heathridge 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 two-year-old child was accidentally shut inside a metal shed at MercyCare Early Learning Service Heathridge. An educator at the service had initially packed away outdoor play equipment and shut the shed. The same educator reopened the shed to pack away more toys and did not notice the child had entered the shed prior to latching it shut. The service only noticed the child was missing when an older sibling stopped at the fence on their way home and the child was not seen. A search was then conducted of the service and the child was found lying on a piece of wood on the floor of the shed. The child was visibly sweating and drank a large amount of water after he was found. The child was unsupervised inside the shed on a 30 degree day for approximately 10-15 minutes. The approved provider was ordered to pay a $15,000 for breach of section 165(1), National Law and $2,000 towards the Department's legal costs.. The Department also issued a media release.
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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