In the case of CEO, Dept of Communities and Bunbury Cathedral Grammar School Inc. T/A Bunbury Cathedral Grammar School Three-Year-Old Kindy, 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 section 165(1), National Law, by the approved provider. In this case, a four-year-old boy left the service unsupervised through a gate in the outdoor yard of the service. A neighbour found the child outside of the service and left him with her husband while she approached educators who were looking for the child. He was returned to the service a short time later. The child was absent for about 10 minutes. Further details can be found in the report of the case (including annexure A).
The Tribunal imposed a fine of $14,000 for the breach. In addition, the approved provider was ordered to pay $1,000 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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