In the case of CEO of Department of Communities and Sparrow Group WA 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). In this case a child (almost 2 years old) at the Sparrow Early Learning Wanneroo service suffered burns to their feet after standing bare foot on a bike path that was exposed to the sun. At the time of the incident one educator was inside changing the nappies of children as they awoke from their nap, and another educator was in the outdoor play area with other children under the shade. The educator in the outdoor play area began preparing the children to be ‘sun safe ready’, however became distracted when two other children started fighting, and went to settle them. In this time, the child walked away onto the bike path without shoes or socks on. Educators were not aware that the child had sustained burns to their feet until later in the afternoon when the child was collected from the service. The child’s mother took the child for a medical examination, which concluded that the child had suffered a first-degree burn to the ball of the right foot and a second-degree burn to the ball of the left foot which required medical treatment. The child was unable to walk for the following 24 hours.
The approved provider (Sparrow Group) was ordered to pay $11,000 for contravening Section 167(1), National Law, and $1,000 for failing to take reasonable steps to ensure that staff follow the policies and procedures required under regulation 168, National Regulations, contrary to regulation 170(1). They were also ordered to pay $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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