Enforcement actions

Last updated: 10/05/2017 8:10 PM
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The Department of Local Government and Communities (DLGC) makes decisions about when to investigate non-compliance, and which enforcement action is appropriate, according to the Compliance Enforcement Framework.

DLGC publishes details about the following enforcement actions for serious non-compliance:

  • Suspension or cancellation of provider approvals, service approvals and of supervisor certificates.
  • Issue of compliance notices.
  • Imposition of conditions on approvals or certificates for purposes of enforcement.
  • Acceptance by DLGC of enforceable undertakings.
  • Details of prosecutions or applications to the State Administrative Tribunal.

The State Administrative Tribunal (SAT) publishes its orders and decisions, with DLGC providing an overview. SAT provides a database of all orders up to December 2016 and more recent orders online.

All references to sections and regulations are to sections of the schedule to the Education and Care Services National Law (WA) Act 2012 (the National Law) and regulations of the Education and Care Services National Regulations 2012 (the National Regulations) unless otherwise specified.

  
Section 123 - Grounds for suspension or cancellation of supervisor certificate.

A show cause notice was issued to the CS on 15 March 2017 advising that the Regulatory Authority was considering cancelling the Certified Supervisor certificate.  The CS had 30 days to respond to the notice.

The grounds for the proposed cancellation under section 123 of the national Law were:

I CS is no longer a fit and proper person to be a supervisor of an education and care service.

Next action
After considering the response provided, the Certified Supervisor certificate was cancelled effective as of 19 May 2017.
 
  
Alisam Family Day Care Inc SE: 40005092
The Certified Supervisor (CS) was alleged to have contravened:
• Section 295 (1) – Providing false/misleading documents to the Regulatory Authority in the form of inaccurate attendance records.

A show cause notice was issued to the CS on 28 March 2017 advising that the Regulatory Authority is considering cancelling the Certified Supervisor certificate. CS had 30 days to respond to the notice. 

The grounds for the proposed cancellation under section 123 of the National Law were:

  • CS is no longer a fit and proper person to be a supervisor of an education and care service.
  • CS had failed to comply with a condition of the supervisor certificate.
Outcome
• After considering the written response from CS, the Certified Supervisor certificate was cancelled effective as of Monday 22 May 2016.
  
Alisam Family Day Care Inc SE: 40005092
The Approved Provider (AP) is alleged to have contravened:
• Section 295 (1) – Providing false/misleading documents to the Regulatory Authority in the form of inaccurate attendance records.

​A show cause notice was issued to the AP on 22 March 2017 advising that the Regulatory Authority is considering cancelling their provider approval. AP was required to submit a response by
24 April 2017.   

The grounds for the proposed cancellation were:

Section 31 (a) - The Regulatory Authority is satisfied that the approved provider is not a fit and proper person to be involved in the provision of an education and care service;

Section 31 (f) - The approved provider has not operated any education and care service for a period of more than 12 months.

Next action
• AP provided a response to the Show Cause notice.
• A decision was made to cancel the provider approval. Cancellation of provider approval takes effect Tuesday 23 May 2017.

 
  
Smartgen Family Day Care SE: 00014390
The Approved Provider (AP) is alleged to have contravened:
• Regulation 97 – Emergency and  evacuation procedures 
• Regulation 100 – Risk assessments must be conducted before excursion
• Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair
• Regulation 104 – Fencing
• Regulation 177 – Prescribed enrolment and other documents to be kept by the approved provider
• Regulation 180 – Evidence of prescribed insurance
• Section 172 – Offence to fail to display prescribed information

​Issue of Compliance Notice (S 177) on 17 March 2017 requiring compliance by 3 April 2017. Notice required AP to:

  • Provide evidence of systems that are in place to ensure that all educators are compliant with – displaying evacuation floor plan and prescribed information, carrying out risk assessments, maintaining prescribed documents and insurance.
  • Provide copies of an educators' risk assessment and insurance.

Provide photographic evidence to show that the non-compliances identified at an educators' premises are rectified.

Next action
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Horizons Childhood Learning Centre South Fremantle OSHC (SE-00012706)
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 25 January 2017 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that an five year old child left the service alone unsupervised and unaccompanied by an educator or any authorised adult.

​ Application to SAT for disciplinary action.

Next action
The matter will be set down for a first directions hearing in May 2017 which is likely to be vacated and the matter adjourned to mediation in May/June 2017.
  
Melville Day Care Centre
Section 167 offence relating to protection of children from harm and hazards –
Reg. 103 Premises, furniture and equipment to be safe, clean and in good repair
Reg. 104 Fencing

Compliance Notice issued 28 September 2017 requiring compliance by 16 March 2017.

Re s167:

  • Must remove chemicals next to nappy change table and store in a locked cupboard, out of children's reach
  • Must empty water from buckets stored in an unlocked cupboard in the nappy change area and ensure they are stored in a manner so as not to collect water

Re reg 103:

  • Must provide evidence to show the premise has been professionally sprayed and is clear of cobwebs and spiders, both indoors and outdoors
  • Must ensure the service, both indoors and outdoors, are cleaned and maintained and all repairs to equipment and gates are completed.
  • Provide evidence to show regular maintenance is being conducted

Re Reg 104:

  • Must repair the fencing in the front play space to a standard that does not need cable ties or wire to hold it in place
  • Must remove the signage from the front fence shaped like a rabbit, as it forms foot holds, allowing children to climb over it
Next action
The Approved Provider failed to comply with the notice in full and within the specified time.  Further enforcement action continuing. 
  
YMCA St John of God Vacation Care (SE-00013272)
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 30 September 2016 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that a child enrolled in the YMCA’s education and care service was left behind on a chartered bus after an excursion.  
Outcome
The application was lodged 22 December 2016 and the matter was sent to mediation in February 2017. On 22 February 2017 the Tribunal ordered the AP to pay a penalty of $15,000.
  
Harmony OSHClub  (SE-00012682)
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 4 November 2016 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that an 8 year old child left the service alone unsupervised and unaccompanied by an educator or any authorised adult.
The AP is also alleged to have contravened section 174(2) of the National Law by failing to report the incident to the department within the prescribed 24 hour period.

​ Application to SAT for disciplinary action.

Next action
The matter will be set down for a first directions hearing in April 2017 which is likely to be vacated and the matter adjourned to mediation in May 2017.
  
CYC Camp Cooloongup (SE-00012530)
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 27 June 2016. The AP failed to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that a four year old child was left in a locked bus on a 32C day at the service premises after being picked up from another location.
The AP is also alleged to have contravened section 174(2)(b) of the National Law by failing to report the mother’s complaint of the incident to the department within the prescribed 24 hour period.
The AP is also alleged to have contravened 136(1)(a)(b) and (c) of the national regulations by failing to ensure that there was one or more educators with a current approved first aid qualification, and with current approved anaphylaxis and emergency asthma management training, on each of the four bus runs transporting children that day.
Outcome
The matter will be set down for a first directions hearing in January 2017 which is likely to be vacated and the matter adjourned to mediation.
  
Marangaroo Child Care Centre SE-00012888
The approved provider is alleged to have contravened –
Section 167 – Offence relating to protection of children from harm and hazard
Regulation 120 – Educators who are under 18 to be supervised
Regulation 123 – Educator to child ratio – centre-based services
Regulation 126 – Centre-based services – general educator qualifications

​The approved provider (AP) provided the required evidence on 23 February 2017 and 8 March 2017, and now complies with the requirements of the Compliance Notice. The Notice required the AP to provide evidence of the service demonstrating compliance and the systems in place to ensure compliance with listed regulatory requirements

Outcome
The AP provided the required evidence on 23 February 2017 and 8 March 2017, and now complies with the requirements of the Compliance Notice.
  
Sacred Heart Primary School Thornlie OSHC (SE-00013083)
The approved provider is alleged to have contravened section 165(1) of the National Law on 6 January 2017 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that a child attending the service left the service alone unsupervised and unaccompanied by an educator or any other authorised adult.

​Application to SAT for disciplinary action (VR47/2017)

Next action
The matter will be listed for a directions hearing in March/April and will likely be sent to mediation in May 2017.
  
Daryel Family Day Care Pty Ltd (SE- 40002344)
The Regulatory Authority is satisfied that the approved provider (AP) or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service. The AP knowingly provided false and misleading documents to the Regulatory Authority and by doing so claimed financial support through the federal government for the false sessions. The PMC’s showed dishonesty, a lack of knowledge and an unwillingness in their ability to run the service in accordance with the Law.
The Regulatory Authority is satisfied that the continued provision of the education and care service by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by an education and care service operated by the approved provider. The AP failed to ensure at all times all educators held the appropriate qualifications, that their homes were inspected and approved prior to care sessions and failed to assess the suitability of the residents at the premises.
By failing to ensure the service operated in compliance with the Law they have breached a condition of Provider Approval.

Show Cause to Cancel was issued on 25 October 2016.

Outcome
Decision to Cancel was issued 19 December 2016 to take effect 3 January 2017. The Provider and all affiliated services have been cancelled.
  
Mission Australia Early Learning Service Warnbro South (SE-00012924)
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 28 October 2016 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that a five year old child left the service unnoticed and unsupervised .

​ Application to SAT for disciplinary action (VR5/2017)

Next action
The matter will be set down for a first directions hearing in February 2017 which is likely to be vacated and the matter adjourned to mediation.
  
One Tree Wickham Children Services (SE-00013217)
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 27-June-16 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that a 1 3/4 year old child left the service alone and unsupervised without the service noticing their absence.
Outcome
The matter will set down for a first directions hearing on 13-Sept-16 which was vacated and the matter adjourned to mediation. On 14-Nov-16 the Tribunal ordered the AP to pay a penalty of $9,000. The Tribunal also ordered the AP to pay a contribution of $1,500 towards the Department's legal costs.
  
Buzy Kidz Care Centre (SE-00012455) 9 Pacific Way, Beldon WA 6027
the approved provider (AP) is alleged to have contravened section 167(1) on 4 July 2016 by failing to ensure that every reasonable precaution was taken to protect children being educated and care for by the service from harm and from any hazard likely to cause injury.
Outcome
The matter was set down for a first directions hearing on 29-Nov-16 which was vacated and the matter adjourned to mediation. On 5-Dec-16 the Tribunal ordered the AP to pay a penalty of $6,000.
  
Nyier Family Day Care (SE-00014349)
The Regulatory Authority (through her delegate) (RA) was satisfied that:
  • the approved provider (AP) was not a fit and proper person to be involved in the provision of an education and care service (s.31(a) ; and that
  • the continued provision of education and care services by the AP would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being
    educated and cared for by an education and care service operated by the approved provider (s.31(b))
The AP is also alleged to have breached the condition of her provider approval that she comply with the National Law (s.31(e)). The AP had allegedly repeatedly breached ss.172 and 167 and regulations 80,97,100, 159,160, and 166.

on 31-Aug-16 the RA issued the AP with a notice requiring the AP to show cause within 30 days why her provider approval should not be cancelled.

The AP provided evidence in response to the Show Cause and attended a voluntary meeting with the Regulatory Authority.

Outcome
On 14-Oct-16 the RA decided to cancel the AP's provider approval as of 28-Oct-16.
 
  
was registered with Communicare Family Day Care Service (SE-0001417) at the time of the offence
The fomer family day care educator (FDCE) contravened section 165(3) of the National Law on 9-Nov-15 by failing to ensure that all children being educated and cared for by the FDCE were adequately supervised at all times the children were in the care of the FDCE, in that a nearly 3 year old child while unsupervised drowned in the swimming pool at the FDCE's residence.

​Prosecution in the Joondalup Magistrates Court.

Outcome
On 4-Nov-16 the FDCE pleaded guilty to the contravention of section 165(3). She was fined $6,500 and a criminal conviction recorded. The court also ordered the FDCE to pay $1617.30 towards the Department's legal costs.
  
Camp Australia - Coogee Primary School OSHC (SE00014218) 23 Mayor Road, Coogee
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 29-July-16 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that a 5 year old child left the service alone and unsupervised without the service noticing their absence.

Application to SAT for disciplinary action (VR170/2016)

Next action
The matter was set down for a first directions hearing on 1-Nov-16, and was referred to mediation
  
Camp Australia - Jandakot Primary School OSHC (SE00014271) 53 Banigan Avenue, Success
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 2-Aug-16 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that a 5 year old child left the service alone and unsupervised without the service noticing their absence.

Application to SAT for disciplinary action (VR171/2016)

Next action
The matter was set down for a first directions hearing on 1-Nov-16, and was referred to mediation
  
Dhoofo Family Day Care (WA) (SE-40002440)
The approved provider (AP) is alleged to have contravened: - Section 168 Offence relating to required programs - Section 169(2) Offence relating to staffing arrangements - Section 172 Offence to fail to display prescribed information - Regulation 97(4) Emergency and evacuation procedures - Regulation 101 Conduct of risk assessment for excursion - Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair - Regulation 105 Furniture, materials and equipment - Regulation 153 Register of family day care educators - Regulation 171 Policies and procedures to be kept available - Regulation 178 Prescribed enrolment and other documents to be kept by family day care educator

​A compliance notice (s 177) was issued on 27-Sep-2016 requiring compliance by 11-Oct-2016.

The notice required the AP to provide evidence demonstrating compliance and the systems in place to ensure compliance with listed regulatory requirements. Specific repairs and maintenance of premises and equipment at one family day care educator’s residence.

Next action
An interview was conducted with the AP on 27-Sep-2016. As a result of the interview an additional condition was placed on the service approval – the AP must not engage more than 10 educators. The service submitted the required evidence on 27-Sep-2016. A follow up visit was conducted to the service on 18-Oct-2016 and the AP was advised an unannounced visit will be conducted early 2017 to determine if the additional condition will be lifted. NB This AP was previously issued a compliance notice on 8-May-2015 – see details on this webpage
  
Cushchildhood Family Day Care (SE-40001975)
The approved provider (AP) is alleged to have contravened: Section 168 Offence relating to required programs Section 169(2) Offence relating to staffing arrangements Section 170 Offence relating to unauthorised person on education and care service premises Section 172 Offence to fail to display prescribed information Regulation 80 Weekly Menu Regulation 97(4) Emergency and evacuation procedures Regulation 101 Conduct of risk assessment for excursion Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair Regulation 153 Register of family day care educators Regulation 166 Children not to be left alone with visitors Regulation 168 Education and care services must have policies and procedures Regulation 169 Additional policies and procedures – family day care service Regulation 171 Policies and procedures to be kept available Regulation 178 Prescribed enrolment and other documents to be kept by family day care educator

​A compliance notice (s 177) was issued on 13-Sep-2016 requiring compliance by 27-Sep-2016.

The notice required the AP to provide evidence demonstrating compliance and the systems in place to ensure compliance with listed regulatory requirements. Specific repairs and maintenance of premises and equipment at one family day care educator’s residence.

Outcome
The AP supplied insufficent evidence on 27-Sep-2016. Further action may follow. NB This AP was previously issued a compliance notice on 11-Aug-2015 - see details on this webpage.
  
Rossi Child Care Centre -Embleton  (SE-00013077) 68 Broun Avenue EMBLETON WA 6062
The approved provider (AP) is alleged to have contravened: • Section 169(2) – Offence relating to staffing arrangements • Section 172(b), (c), (e) – Offence relating to fail to display prescribed information. • Regulation 77 – Health, hygiene and safe food practices. • Regulation 79 – Service providing food and beverages. • Regulation 80(1), (a), (b) – Weekly menu. • Regulation 97(3) – Emergency and evacuation procedures. • Regulation 103 – Premises, furniture and equipment are safe, clean and in good repair. • Regulation 123 (a), (b), (c) – Educator to child ratios.

​A Compliance Notice (s 177) was issued on 29-July-16 requiring compliance by 11-Aug-16.

The Notice required the AP to provide evidence of the service demonstrating compliance and the systems in place to ensure compliance with listed regulatory requirements.     

Outcome
The AP provided insufficient evidence on 15-Sept-16. A telephone interview was conducted on 27 September 2016 regarding the insufficient evidence, and was followed up by email. The AP provided additional evidence on 3-Oct-16. As of the date of publication the AP is still in breach of the requirements of the compliance notice.
  
Little Beginnings Family Day Care (SE-00014315)
The approved provider (AP) is alleged to have contravened: Regulation 80 – Weekly menu. Regulation 89 – First aid kits. Regulation 97(4) – Emergency and evacuation procedures. Regulation 101 – Risk assessments must be conducted for an excursion. Regulation 103 – Premises, furniture and equipment are safe, clean and in good repair. Regulation 105 – Furniture, materials and equipment. Regulation 127 – Family day care educator qualifications. Regulation 136 – First aid qualifications. Regulation 160 – Child enrolment records. Regulation 173 – Prescribed information to be displayed. Regulation 178 – Prescribed enrolment and other records to be kept by the family day care educator .

​A compliance Notice (s 177) was issued on 8-June-16 requiring compliance by 24-June-16.

The Notice required the AP to provide evidence of the service demonstrating compliance and the systems in place to ensure compliance with listed regulatory requirements. Specific repairs and maintenance of premises and equipment at one family day care educator’s premises. 

Outcome
The AP provided insufficient evidence on 23 June 2016. AP was provided with a Partial evidence received letter on 26 July 2016 extending the timeframe with the required evidence to be submitted by 3-Aug-16 AP provided insufficient evidence on 15-Aug-16. An interview was held with the NS on 23-Sept-16 where the outstanding matters were finalised.
  
Meela Child Care Centre (SE-00012899) 116 West Parade, MT LAWLEY WA 6050
The approved provider (AP) is alleged to have contravened:
  • Section 165 – Offence to inadequately supervise children.
  • Section 173 – Offence to fail to notify certain information to Regulatory Authority.
  • Regulation 86 – Notification to parents of incident, injury, trauma and illness.
  • Regulation 87 – Incident, injury, trauma and illness record.

Compliance Notice (S 177) issued on 19-Sept-16 requiring compliance by 3-Oct-16. Notice required AP to provide evidence demonstrating it would :

  • Have policies and procedures in place to ensure that all enrolled children are adequately supervised at all times.
  • have job descriptions which outline the roles and responsibilities of each staff member in relation to the supervision of all enrolled children at the education and care service.
  • provide training for all staff in relation to adequate and effective supervision practices in an education and care service.
  • have policies and procedures in place which include reporting processes for notifying the Regulatory Authority in writing of certain information within the relevant prescribed timeframes.
  • have a documented procedure outlining how the nominated supervisor or responsible person will notify the approved provider of any notifiable information.
  • demonstrate an understanding of what is considered to be notifiable information in accordance with section 174.
  • have policies and procedures for notifying parents if their child is involved in any incident, injury, trauma or illness while being cared for by the education and care service in accordance with timeframes set out in regulation 86. 
  • have a documented method of recording the notification of incident, injury, trauma and illness to parents.
  • have an incident, injury, trauma and illness record as set out in regulation 87.
  • conduct staff training on the requirements of completing incident, injury, trauma and illness records.
  • have record keeping policies and procedures in accordance with regulation 183.
Outcome
The AP submitted the required evidence on 3-Oct-16 and now complies with the requirements of the Compliance Notice
  
Meela Child Care Centre (SE-00012899) 116 West Parade, MT LAWLEY WA 6050
The approved provider (AP) is alleged to have contravened:
  • Section 161 – Offence to operate education and care service without nominated supervisor.
  • Section 165 – Offence to inadequately supervise children.
  • Section 165(A) – Offence relating to children leaving the education and care service premises unauthorised.
  • Section 173 – Offence to fail to notify certain circumstances to Regulatory Authority.
  • Regulation 97 – Emergency and evacuation procedures.
  • Regulation 173 – Prescribed information to be displayed.
  • Compliance Notice (S 177) issued on 5-Aug-16 requiring compliance by 22-Aug-16.

    Notice required AP to:

    • Have policies and procedures that clearly outline how the Approved Provider will ensure there is always a Nominated Supervisor for the service.
    • Have policies and procedures in place to ensure that all enrolled children are adequately supervised at all times, including during times of arrival and departure and when both indoor and outdoor areas are being utilised at the same time.
    • Have procedures in place to ensure that all staff, including relief staff are familiar with the service’s supervision policy and procedures.
    • Have a written procedure regarding perimeter safety checks which outlines checking all gates, locks and exits are adequately secured.
    • Have a procedure in place for all children to be accounted for when transitioning between indoor and outdoor environments and during flexible use of both the indoor and outdoor environments.
    • Conduct in house training sessions with all educators to ensure that they fully understand the above procedures.
    • Have policies and procedures in place which include reporting processes for notifying the Regulatory Authority in writing of certain circumstances or information within the relevant time frames.
    • Have documented procedures outlining how the Nominated Supervisor or Responsible Person will notify the Approved Provider of any notifiable circumstances or information.
    • Demonstrate an understanding of what is considered to be a notifiable circumstance in accordance with Section 173.
    • Display a copy of the emergency and evacuation floor plan and instructions in a prominent position near each exit.
    • Supply evidence that prescribed information is displayed.
    • Demonstrate how the service will ensure the required documents as set out in Regulation 173 are current and displayed at all times.

    Outcome
    The AP submitted the required evidence on 2-Sept-16 and now complies with the requirements of the Compliance Notice.
      
    Ms Budworth, a former certified supervisor (CS) was alleged to have provided false and misleading information to a potential employer.

    ​A notice was issued to the CS on 12-July-16 requiring the CS to show cause within 30 days of why her supervisor certiificate should not be cancelled on the ground in section 123 of the National Law:

    • That she was no longer considered to be a fit and proper person to be a supervisor of an education and care service.

    No response was received within the 30 days period or after.

    Outcome
    The CS's certificate was cancelled as of 12-Aug-16
      
    Veritas Family (SE-40002613)
    THe Approved Provider (AP) has allegedly contravened section 31(f) of the National Law by failing to operate any education and care service for a period of more than 12 months. The AP was granted provider approval on 30-Oct-14 and despite numerous reminders has not operated an education and care service since that date.

    ​A notice under section 31 was issued on 4-May-16 requiring the AP to show cause within 30 days as to why the Regulatory Authority (RA) should not cancel the Provider Approval. The AP responded to the show cause but did not provide any additional information.  

    On 4-July-16 the RA advised the AP that its provider approval and subsequently any services under the provider approval would be cancelled as of 2-Sep-16 unless prior to that date the RA was provided with evidence that the service was operating.

    Outcome
    As of 2-Sept-16 the AP's provider approval was cancelled.
      
    North Perth Outside School Hours Care (SE-00012991), Olive Street, North Perth
    The approved provider (AP) was alleged to have contravened various sections of the National Law on 19-Apr-16, and the Department's application filed 22-June-16 alleged contraventions of sections 165(1), 167(1), 169(1), 169(2), 165A(1), 162(1) and 173(1) of the National Law and regulations 136(1)(a)(b) and (c) and regulation 177(2) of the national regulations.
     
    After filing of the application and before or at mediation the AP provided further evidence satisfying the Department that the AP had not been in breach of section 169(2) and regulations 136(1)(a)(b) and (c). At mediation the Department agreed to incorporate the circumstances alleged to have represented breaches of section 165A(1) and 167(1) into the circumstances of the breach of section 165(1).
     
  • section 165(1)  by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that two children aged 4 and 5 left the service unsupervised with their absence unnoticed by the service.
  • section 169(1) by failing to ensure it had the minimum required numbers of educators educating and caring for children at all times on the day
  • section 162(1) by failing to ensure that a “responsible person” as defined in subsection 162(1)(a), (b) or (c) was present at all times the service was operating
  • section 173(1) by failing to notify the Regulatory Authority in writing within the prescribed time of any appointment or removal of a person with management and control of an education and care service operated by the approved provider
  • regulation 177(2) of the national regulations by failing to take reasonable steps that the children’s attendance record as set out in regulation 158 was accurate
  • Outcome

    Mediation in the State Administrative Tribunal at 565 Hay Street, Perth - 3-Aug-16 at 10am Adjourned to further mediation on 26-Aug-16 at 10am

    As a result of negotiations and the provision by the AP of further evidence after filing of the application but before or at the mediation, the Department filed an amended application no longer alleging breaches of section 169(2) and regulations 136(1)(a)(b) and (c) and incorporating the circumstances alleged to have represented breaches of section 165A(1) and 167(1) into the circumstances of the breach of section 165(1).

    The AP accepted liability for the breaches of sections 165(1), 162(1), 169(1) and 173(1) of the national law and of regulation 177(2) of the national regulations. On 26-Aug-16 the Tribunal reprimanded the AP for all breaches and ordered the AP to pay a penalty of $36,700, being $35,000 for the breach of section 165(1), $1,500 for the breach of 173(1) and $200 for the breach of regulation 177(2). The Tribunal also ordered the AP to pay $3,000 towards the Department's legal costs.
      
    Mulberry Tree OSHC - Broome North (SE-40003253) Broome North Primary School, 100 Tanami Drive, BILINGURRDowns
    The approved provider (AP) is allegd to have contravened section 165(1) of the National Law on 22-Jan-16 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that an 4year old child left the service alone and unsupervised and walked home without the service noticing the child's absence. The AP is also alleged to have contravened section 169(1) of the National Law by failing to ensure it had the minimum required numbers of educators educating and caring for children on 18, 19, 20, 21 and 22 Jan-16.
    Next action
    Mediation on 20 June 2016 at 10:00am at 565 Hay Street, Perth On 19-July-16 the Tribunal ordered the AP to pay a penalty of $8,500 for the breach of section 165(1) and $10,000 for the 5 breaches of section 169(1). The Tribunal also ordered the AP to pay $1,500 towards the Department's legal costs.
      
    Mulberry Tree OSHC - Wembley Downs (SE-00012959) Wembley Downs Primary School, Bournemouth Crescent, Wembley Downs
    The approved provider (AP) is allegd to have contravened section 165(1) of the National Law on 19-Jan-16 by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service, in that an 11 year old child with hearing difficulties was left at a public toilet alone and unsupervised on an excursion without the service noticing the child's absence.
    Outcome
    Mediation on 20 June 2016 at 10:00am at 565 Hay Street, Perth On 19-July-16 the Tribunal ordered the AP to pay a penalty of $9,500 for the breach of section 165(1). The Tribunal also ordered the AP to pay $1,500 towards the Department's legal costs.
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