In the case of CEO of Department of Communities and Dwyer t/as Drovers Little Learners, 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 was left behind at the school grounds after initially being collected from his classroom by the service. The five-year old boy returned to his classroom where he was discovered approximately 45 minutes later. The school then informed the service the child was still at school. The service only became aware that the child was missing after receiving a call from the child’s school.
The approved provider was ordered to pay a total of $16,500. This consisted of $5000 for contravention of section 165(1), $1000 for contravention of regulation 102B(1), National Regulations; $1000 for contravention of regulation 102D(1); $1000 for contravention of section 174(2); and $3500 for contravention of section 177(3). In addition, the approved provder was ordered to pay $5000 towards the Department's legal costs. The Department also issued a media release. In addition, the approved provider has other enforcement action against them, see the Education and Care Regulatory Unit - enforcement actions web page for further details.
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