In the case of CEO of the Department for Communities and Extend (Australia) Pty Ltd t/as Peter Carnley Anglican School Wellard OSHC Extend, 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 child aged four years left the service and began walking home along Wellard Road. The service was alerted to the child being missing by another child in care. The child was located by members of the public walking alone on Wellard Road and taken to a police station and his parents contacted. The child was unsupervised by the service for approximately 23 minutes. Further details can be found in the report of the case.
The Tribunal imposed a fine of $12,000 for the breach. 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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