Enforcement actions

Last updated: 19/10/2017 12:03 AM
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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 June 2017 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.

  
Helping Hands Rockingham Beach (SE-13071) Rockingham Beach Primary School, 30 Bay View Street Rockingham
The Approved Provider (“AP”) is alleged to have contravened section 165(1) of the National Law on 21 February 2017 by failing to ensure that children receiving education and care at its service were adequately supervised at all times the children were in the care of the service, in that a six year child with downs syndrome left the service unnoticed and unsupervised and was found wandering on the road some 100 metres from the service.

Application to SAT for disciplinary action (VR143/2017). Filed 27 July 2017.

Outcome
The matter was resolved by written agreement between the parties. On 9 October 2017 the Tribunal ordered the AP to pay a penalty of $8,000 and to pay $2,000 towards the Department’s legal costs.
  
Registered with Nature Alliance Family Day Care Service
The Family Day Care educator (“FDCE”) contravened section 165(3) of the National Law on 15 March 2017 by failing to ensure that children receiving education and care by her as a family day care educator as part of a family day care service were adequately supervised at all times the children were in her care, in that a child aged one year and eight months was able to access a cup of hot black tea without being noticed and spill it over his body suffering burns requiring skin grafts. The FDCE also contravened regulation 102(3) of the national regulations failing to get a parent’s written authorisation to take a child on an excursion.

​Application to SAT for disciplinary action (VR157/2017). Filed 17 August 2017.

Outcome
The matter was adjourned to mediation on 2 October 2017. On 7 November 2017 the Tribunal ordered the FDCE to pay a penalty of $5,000 for the breach of s165(3) and $500 for the breach of r.102(3). The Tribunal also ordered the FDCE to $500 towards the Department’s legal costs.
  
St Columba's Outside School Hours Care (SE-14346) St Columba's Primary School, 32 Roberts Street Bayswater
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law on 2 February 2017 by failing to ensure adequate supervision of all the children in its care in that a six year old child left the service unnoticed and unsupervised.

​Application to SAT for disciplinary action (VR86/2017). Filed 2 May 2017

Outcome
The matter went to mediation 23 May 2017. On 9 June 2017 the Tribunal ordered the AP to pay a penalty of $8,000 and a contribution of $1,000 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 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 alone and unsupervised without the service noticing their absence.

Application to SAT for disciplinary action (VR170/2016). Filed 13 October 2016.

Outcome
The matter was set down for a first directions hearing on 1 November 2016, and was referred to mediation. As the matter could not be resolved by mediation the matter was set down for the Tribunal to decide based on parties’ submissions and a set of agreed facts. On 17 August 2017 the Tribunal ordered the AP to pay a penalty of $7,000 with no order as to costs (costs awarded for both matters on VR171/2016).
  
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 August 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 alone and unsupervised without the service noticing their absence.

Application to SAT for disciplinary action (VR171/2016)

Outcome
The matter was set down for a first directions hearing on 1 November 2016, and was referred to mediation. As the matter could not be resolved by mediation the matter was set down for the Tribunal to decide based on parties’ submissions and a set of agreed facts. On 17 August 2017 the Tribunal ordered the AP to pay a contribution of $6,027 towards the Department legal costs (costs awarded for this matter and for VR170/2016).
  
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) filed 10 January 2017

Outcome
The matter was set down for a first directions hearing in February 2017 and after much delay went to mediation on 7 June 2017. On 7 June 2017 the Tribunal ordered the AP to pay a penalty of $9,500 and to pay a contribution of $2,000 towards the Department’s legal costs.
  
Melville Day Care Centre (SE-12903), 39 Rome Road Melville
The approved provider (AP) is alleged to have contravened section 177(3) of the National Law by failing to comply with the terms of a compliance notice issued on 28 September 2016 within the period specified in the notice. – see earlier entry on webpage.

Application to SAT for disciplinary action (VR85/2017)

Next action
The matter was set down for a mediation and then a compulsory conference but could not be resolved. It was then set down for a defended hearing on 20 November 2017
  
Heritage Family Day Care Pty Ltd (SE-40003338) 
The Approved Provider is alleged to have contravened:
Section 169(2) Offence relating to staffing arrangements.

Issue of Compliance Notice (S177) on 7 June 2017 requiring compliance by 26 June 2017.  Notice required AP to:

Provide evidence indicating educators are actively working towards an approved qualification.

Provide evidence to show how all current and future educators will be monitored in order to ensure they are actively working towards an approved qualification.

Next action
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Camp Australia – Palmyra Primary School OSHC (SE-00013266)
The Approved Provider (AP) is alleged to have contravened:
• Section 165 – Offence to inadequately supervise children
• Section 175 – Offence relating to requirement to keep enrolment and other documents
• Regulation 170 – Policies and procedures to be followed
• Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair

Issue of Compliance Notice (S177) on 3 August 2017 requiring compliance by 23 August 2017. Notice required AP to:

  • Provide evidence that prior to transitioning of children, an attendance record must be used and head count must be conducted and recorded by an/the educator(s). In addition, all current and new educators must receive training in relation to the procedure.

  • Provide evidence that all policies and procedures of the company, enrolment records and attendance records of any child care for, educated at the premises are kept at the education and care service premises and readily accessible by an authorised officer. In addition, a procedure and audit checklist must be implemented to ensure accuracy of the mentioned documents and all current and new educators must receive training in relation to the procedure.

  • Provide evidence of trainings with all current and new educators in Duty of Care Policy, Sun Smart Policy and Supervision Policy.

  • Provide photographic evidence to show that non-compliance matters in relation to Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair are rectified.   

Next action
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the
Compliance Notice.
  
Good Vibes Family Day Care Service
The approved provider (AP) is alleged to have contravened:
  • Section 16 – Offence relating to protection of children from harm and hazards.

Compliance Notice (s 177) issued on 24-August-17 requiring compliance by 8-September-17. Notice required AP to provide evidence of the service demonstrating training sessions have occurred and compliance in relation to educator premises including swimming pools, spas and water features.

Outcome
AP provided evidence of compliance with the notice on 8-Sept-17.
  
Stripy Zebras Junior Education Centre (SE-00014306) 51 Gardugarli Drive, BAYNTON, WEST KARRATHA WA 6714
The approved provider is alleged to have contravened – Section 175 (2)(a)(ii) Offence relating to requirement to keep enrolment and other documents
– Regulation 104 (1) Fencing
– Regulation 173 (2)(c) Prescribed information to be displayed

Compliance Notice issued 23 May 2017.

Next action
The AP submitted the required evidence within the timeframe and has satisfied the requirements of the Compliance Notice.
  
A Place To Grow Family Day Care SE: 40004983
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.
• In breach of Regulation 136, the approved provider allowed an educator to operate without a current asthma and anaphylaxis management certificate.
• In breach of Regulation 163, the approved provider failed to assess the fitness and propriety of residents residing at an educator’s premises.
• In breach of Section 168, the provider failed to ensure that a program is delivered to children being educated and cared for at the educators’ premises.
• In breach of Regulation 80, the provider failed to ensure that an educator displayed weekly menu.
• In breach of Regulation 97, the provider failed to ensure that educator displayed the emergency evacuation plan.

​ A show cause notice was issued to the AP on 8 March 2017 advising that the Regulatory Authority is considering cancelling their provider approval. AP was required to submit a response within 30 days.   

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 (b) - The Regulatory Authority is satisfied that the continued provision of education and care service by the approved provider would constitute an unacceptable risk to the safety, wellbeing of any child or class of children being educated and cared for by an education and care service  operated by the approved provider;

Section 31 (e) - The approved provider has breached a condition of the provider approval.

Next action
• AP provided a response to the Show Cause notice.
• A decision was made to cancel the provider approval. Cancellation of provider approval effective from Tuesday 27 June 2017.
  
Belonging, Being and Becoming FDC Service Pty Ltd  SE: 40007107
The Certified Supervisor (CS) was alleged to have contravened the Law by:
• Providing false/misleading documents to the Regulatory Authority in regards to her qualifications and employment history.  

A show cause notice was issued to the CS on 20 February 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:

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

Next action
• After considering the written response from CS, the Certified Supervisor certificate was cancelled effective from Monday 3 July 2017.
  
Belonging, Being and Becoming FDC Service Pty Ltd SE: 40007107
The Regulatory Authority was satisfied that the approved provider is not a fit and proper person to be involved in the provision of an education and care service due to:
• Providing false/misleading documents and information (including approved provider’s qualifications and work experience) to the Regulatory Authority to support the approval of applications.

​A show cause notice was issued to the AP on 17 February 2017 advising that the Regulatory Authority is considering cancelling their provider approval. AP was required to submit a response within 30 days.   

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 effective from Monday 3 July 2017.
  
A Place To Grow Family Day Care SE: 40004983
The Certified Supervisor (CS) was alleged to have contravened the Law by:
• Providing false/misleading documents to the Regulatory Authority in the form of inaccurate attendance records.
• Allowing an educator to operate without a current asthma and anaphylaxis certificate.
• Failing to assess the fitness and propriety of residents at an educators’ premises. 

​A show cause notice was issued to the CS on 9 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:

  1. 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.

Next action
• After considering the written response from CS, the Certified Supervisor certificate was cancelled effective as of Tuesday 27 June 2017.
  
S.123 Grounds for suspension or cancellation of supervisor certificate.

​A show cause notice was issued to the CS on 23 May  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) Reasonable belief that the 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 7 July 2017.
  
Bright Futures Family Day Care SE-00014080
S.165 Offence to inadequately Supervise children
The approved provider must:
• Develop and put in place robust strategies, policies and procedures to ensure all enrolled children are adequately supervised at all times including during educator bathroom breaks, nappy changes, any other potentially contentious times
• Ensure all educators are aware and adequately trained in these strategies and changes to policies and procedures
• Conduct a review of educator residence, particularly outdoor areas and ensure there are no climbing aids that allow children to climb over, under or around fence
• Review home visit assessments to ensure a more robust process in identifying potential risks and strategies for removal and/or minimisation of that risk.
• Provide written evidence of any changes that have been implemented at the service.
• Provide written evidence of any changes that have occurred at educators premises

Compliance Notice issued 5 July 2017

Next action
The AP submitted the required evidence within the timeframe and has satisfied the requirements of the Compliance Notice.
  
Fremantle Early Learning Centre
S.165 Offence to inadequately Supervise children and
S.167 Offence relating to protection of children from harm and hazards.
 
The approved provider must put in place policies and procedures to ensure all enrolled children at the service are adequately supervised at all times including:
 
Indoor areas
Outdoor areas
Adequate  to the activities all the children (including mixed age groups) are engaged in
Ensure there are no areas that are blocked from views
Supervision points for all areas of the service
During transition times
Conduct risk assessments for any potential hazards
Must conduct training with all staff, including new and relief staff, to ensure they are aware of the policies and procedures in place
Must provide written evidence of any changes that have been implemented at the service since the serious incident on 14 June 2017.

Compliance Notice issued 29 June 2017

Outcome
The AP submitted the required evidence within the timeframe and has satisfied the requirements of the Compliance Notice.
  
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.
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