In the case of CEO of Department of Communities and YCC(WA) Pty Ltd t/as Atlantis After School- Kinross 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 five year old child, who was in the care of Atlantis After School- Kinross was left unsupervised whilst on an excursion during vacation care. In this case a child was attending an excursion at the cinema and a restaurant. After lunch, educators commenced the process to return children to the service via coach and buses. The educators lined up all the children and conducted a headcount. Once all children were accounted for, the group went from the restaurant to the nearby buses. At this time, the child became separated from the group to go to the toilets located within the restaurant. This went unnoticed by the educator positioned at the back of the line and the group continued to the coach and buses. When the child exited the toilets, the group was gone but the bus had not left yet. A member of staff from the restaurant assisted the child. The restaurant staff contacted the service and educators immediately returned to the restaurant to collect the child.
The approved provider, YCC (WA) Pty Ltd, was ordered to pay a total of $12,000 including costs for contravening section 165(1), National Law.. 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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