In the case of CEO of Department of Communities and Nest Early Education Services Pty Ltd t/a Nido Early School East Victoria Park 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, an Educator went outside to collect her drink bottle, and found the two and a half year old child in the back corner of the playground crying. They were hot and sweaty. The educator brought the child inside. The child had been outside, unsupervised, for approximately 1 hour and 25 minutes.
The Approved Provider was ordered to pay $22,000 for contravening section 165(1), National Law. Additionally, the Approved Provider was ordered to pay $2,500 towards the Department's legal costs. The Department issued a media release in relation to this case.
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.