In the case of CEO of Department of Communities and Cuddles Childcare Centre Byford Pty Ltd 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 167(1), National Law, and regulation 170 by the approved provider (operator of Cuddles Early Learning & Childcare Byford). In this case, an 18 month old child suffered secondary burns to her foot. The child was allowed to briefly play in the outdoor place space area in the middle of the day without shoes or socks on a 39 degree day. The service had a sun safety policy but it was not followed. Further details can be found in the report of the case (including annexure A).
The Tribunal imposed a fine of $14,000 for the breaches. In addition, the approved provider was ordered to pay $1,500 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.
Comments