In the case of CEO of Department of Communities and OSHclub Pty Ltd t/as West Greenwood OSHclub 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 four-year-old child attending vacation care at the West Greenwood OSHClub was able to leave the outdoor play area through an exterior gate. An educator noticed the child was missing when the children were all gathered in one place. The child was unaccounted for up to 40 minutes and was eventually located by a member of the public. During this period, the child was able to walk approximately 380m away from the service, across a busy road.
The Approved Provider was ordered to pay $20,000 for contravening section 165(1), National Law. Additionally, the Approved Provider was ordered to pay $2,000 towards the Department's legal costs. The Education and Care Regulatory Unit issued a Sector Update 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.
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