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Enforcement actions

Last updated: 22/05/2018 11:44 PM
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​The Department of Communities (Communities) makes decisions about when to investigate non-compliance, and which enforcement action is appropriate, according to the Compliance Enforcement Framework.

Communities 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.

Once published on the Department's website the enforcement action will remain listed for 24 months.

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.

  
Buttercups Childcare SE-00016281 156 Aberdeen St NORTHBRIDGE WA 6003

The approved provider (AP) is alleged to have contravened:

  • Regulation 174 - Offence to fail to notify certain information to Regulatory Authority.
  • Regulation 165 - Offence to inadequately supervise children.

​Compliance Notice (s 177) issued on 4 July 2018 requiring compliance by 25 July 2018. Notice required AP to provide evidence of the service demonstrating compliance and that there are systems in place to ensure compliance with listed regulatory requirements.

Outcome
AP provided evidence of compliance with the notice on 20 July 2018.
  
Bubbles Family Day Care Scheme SE-00014308 Unit 2 353 Shepperton Road EAST VIC PARK WA 6101
The Approved Provider (AP) is alleged to have contravened:
  • Section 167 - Offence relating to protection of children from harm and hazard
  • Section 175 - Offence relating to requirement to keep enrolment and other documents
  • Regulation 97 - Emergency and evacuation procedures
  • Regulation 103 - Premises, furniture and equipment to be safe, clean and in good repair
  • Regulation 158 - Children's attendance records to be kept by approved provider
  • Regulation 173 - Prescribed information to be displayed.
Issue of Compliance Notice (S 177) on 16 May 2018 requiring compliance by 5 June 2018. Notice required AP to:
  • Provide evidence that all your existing educators have received induction training and have had their residences assessed prior to becoming an approved and registered carer.
  • Provide evidence of systems that are in place at the service to ensure that all future educators will receive induction training and will have their residences assessed prior to becoming an approved and registered carer.
  • Provide evidence of all current educators’ public liability insurance and evidence of a recent staff meeting or reminder notice to all educators (including assistants) that details the requirement process for keeping child enrolment records.
  • Provide evidence to show the service has policies and procedures in place to ensure all educators have emergency evacuation and procedures displayed at each exit.
  • Provide evidence of systems that are in place at the service to ensure that all your educators are compliant with:
    • Displaying the emergency evacuation floor plan and procedures at every exit of the premises.
    • Carrying out and documenting a risk assessment prior to excursions and regular outings including school runs that identifies potential emergencies relevant to each Educators service.
  • Provide evidence that all family day care educators are aware of the legal requirement to keep an accurate record of attendance and displayed prescribed information.

 

Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Kwinana Recquatic Vacation Care Program SE: 00012818

The Approved Provider (AP) is alleged to have contravened:

  • Section 162(1) Offence to operate education and care premises unless responsible person is present
  • Section 165 Offence to inadequately supervise children
  • Regulation 86 Notification to parents of incident, injury, trauma and illness
  • Regulation 87 Incident, injury, trauma and illness record
  • Regulation 101 Conduct of risk assessment for excursion
  • Regulation 170 Policies and procedures to be followed.

Issue of Compliance Notice (S 177) on 22 May 2018 requiring compliance by
19 June 2018. Notice required AP to:

  • Have systems in place to ensure the Responsible Person has agreed to the role in writing and the service keeps a record of this.
  • Have systems in place that clearly identifies who the Responsible Person is at any given time.
  • Conduct training sessions with educators to ensure that they fully understand active supervision particularly whilst on excursions, following the services policies and procedures, completing risk assessments and how and when to complete ‘Incident, injury, trauma and illness’ records.
Outcome
The AP requested an extension as training was organised for 20 June 2018. An extension was granted until 22 June 2018 The AP submitted the required evidence on 22 June 2018 and now complies with the requirements of the Compliance Notice.
  
YMCA Tambrey Early Learning Centre (SE-00013273), 502 Balmoral Road, Karratha WA 6714
The Approved Provider is alleged to have contravened: Section 167 (1) Offence relating to protection of children from harm and hazards.

Issue of Compliance Notice (S177) on 26 April 2018 requiring compliance by 17 May 2018. Notice required approved provider to:

  • ​Ensure all educators complete an appropriate training course regarding the management and awareness of allergies.
  • Create / update policies and procedures surrounding the processing, handling and serving of food to children with allergies.

Provide evidence to demonstrate that all educators are aware of and have agreed to follow the risk minimisation plans created for each child with an allergy. 

Outcome
The Approved Provider submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Southlake OSHC (SE-00013114), Cnr Mason Crt and Elderberry Dr, South Lake WA 6164
The Approved Provider is alleged to have contravened: Section 165A (1) Offence relating to children leaving the education and care service premises unauthorised. Section 165 Offence to inadequately supervise children Regulation 170 Policies and procedures to be followed.
Issue of Compliance Notice (S177) on 22 February 2018 requiring compliance by 22 March 2018.  Notice required AP to:

Review the below mentioned policies ensuring information relating to the following is added:

  • ​Supervision Policy – clearly specifies how educators can actively and diligently supervise children at all times.
  • Children Leaving the Area of Supervision – clearly informs educators of their roles and responsibilities
  • Behaviour Management Plan – clearly specifies when and how a plan should be completed for a child that requires one.

Complete a risk assessment and a risk mitigation plan for the outdoor area which includes ensuring children are unable to climb over the fence and ensuring the external gate keys are easily accessible to the educators at all times.

Conduct training with all staff working at Southlake OSHC on the following:
  • ​c​hanges to the above mentioned policies and procedures
  • changes to any risk assessments
  • changes to the behaviour management procedure and developing management plans to assist the child.
Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Melville Day Care Centre SE-00012903 39 Rome Road, Melville
S.25(1)(g)(i) Grounds for suspension of provider approval – The approved provider failed to comply with the State Administrative Tribunal Orders of 20 November 2017, being A. Within 28 days of the date of the order, or within such other time as agreed in writing between the parties within the 28 days, Lady Bug Holdings Pty Ltd must pay to the Department a penalty of $2,000 for breach of section 177(3) of the National Law B. Within 28 days of the date of this order, or within such other time as agreed in writing between the parties within the 28 days, Lady Bug Holdings Pty Ltd must pay to the Department a contribution of $3,000 toward the Department’s legal costs of these proceedings

Show cause notice issued 21 December 2017.

Approved provider responded to show cause notice on 15 January 2018 requesting payment plan with all monies to be paid by March 2018.

​Decision to suspend provider approval made 22 January 2018.  Suspension to take effect from close of business Friday 6 April 2018 allowing approved provider until 31 March 2018 to make full payment of monetary order.  Decision to suspend provider approval will be repealed upon payment of monetary order.

Outcome
Payment of monetary order made Friday 6 April 2018. Decision to suspend provider approval revoked effective immediately.
  
The Certified Supervisor (CS) was alleged to have provided false/misleading document to an organisation purporting to hold a Bachelor of Education (Teaching) Early Childhood qualification.

A show cause notice was issued to the CS on 11 January 2018 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.

Outcome
After considering the written response from CS, the Certified Supervisor certificate was cancelled effective as of Monday 19 March 2018.
  
Cushchildhood Family Day Care Service (SE 40001975)
James Atem contravened section 295(1) by knowingly providing false information to authorised officers on 22 November 2016. That information was claiming the attendance of his two children in education and care on 21, 25, 27 and 28 October and 1, 3 and 7 November when in fact the two children did not attend education and care on those days.

​Prosecution in Midland Magistrates Court for 14 breaches of section 295(1) – filed January 2018.​

Outcome
On 12 March 2018 His Honour Magistrate Sharratt found that the court would proceed to deal with 14 charges, despite Mr Atem’s arguments there should only be one charge. Mr Atem pleaded guilty to all 14 charges and was fined $4,000 with $1,500 costs.
  
Seeds Childcare and Early Learning Centre. (SE-00012680) 89-91 Gerard Street EAST CANNINGTON WA 6053
The approved provider (AP) contravened section 165(1) of the National Law on 24 May 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. One child was badly bitten by another child after the second child crawled into the first child’s cot unobserved by the AP’s staff.

​Application to SAT for disciplinary action (VR8/2018) Filed 16 January 2018​

Outcome
On 12 March 2018 the Tribunal ordered the AP to pay a penalty of $10,000 for the breach of section 165(1).
  
The Certified Supervisor (CS) was alleged to have provided false/misleading documents to an education and care service purporting to hold a Bachelor of Education (Early Childhood and Care) qualification and teacher’s registration in WA. It was also alleged that the CS provided false information in regards to her early childhood and care qualification on her resume.

A show cause notice was issued to the CS on 21 December 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.

Outcome
After considering the written response from CS, the Certified Supervisor certificate was cancelled effective as of Monday 19 February 2018.
  
On 14 December 2017 the certified supervisor (CS) failed to intervene when another CS (see entry for Tammie BELL) held an autistic 6 year old child and watched while a third CS (see entry for Kathleen BURTON) put soap in the mouth of the child as a form of punishment and lesson for behaviour management. The CS was aware that BURTON had earlier smacked the child. The CS failed to report either incident to the child’s parent, the approved provider or the Regulatory Authority (RA).

​The RA issued a notice 21 December 2017 requiring the CS to show cause why her supervisor certificate should not be cancelled on the basis she was not a fit and proper person to be a supervisor of an education and care service​.​​​

Outcome
On 31 January 2018 the RA decided to cancel the CS’s supervisor certificate effective as of 14 February 2018.
  
On 14 December 2017 the certified supervisor (CS) held an autistic 6 year old child as a second certified supervisor (see entry for Kathleen BURTON) put soap in the mouth of the child as a form of punishment and lesson for behaviour management. The CS failed to report the incident to the child’s parent, the approved provider or the Regulatory Authority (RA).

​The RA issued a notice 21 December 2017 requiring the CS to show cause why her supervisor certificate should not be cancelled on the basis she was not a fit and proper person to be a supervisor of an education and care service​.​​

Outcome
On 31 January 2018 the RA decided to cancel the CS’s supervisor certificate effective as of 14 February 2018.
  
On 4 December 2017 the certified supervisor (CS) smacked and put soap in the mouth of an autistic 6 year old child as a form of punishment and lesson for behaviour management. The CS failed to report the incident to the child’s parent, the approved provider or the Regulatory Authority (RA).

​The CS was charged by police with one count of aggravated common assault and pleaded guilty.

The RA issued a notice 21 December 2017 requiring the CS to show cause why her supervisor certificate should not be cancelled on the basis she was not a fit and proper person to be a supervisor of an education and care service.

Outcome
On 31 January 2018 the RA decided to cancel the CS’s supervisor certificate effective as of 14 February 2018
  
Camp Australia - Dalkeith Primary School OSHC (SE-40006458) 44 Circe Circle, Dalkeith
On 17, 18, 20, 21 24, 25, 26, 28, and 31 October, 1-4, 7-11, 14-18, 21-23, 25 and 30 November, and 1-2 and 5-9 December 2016 Camp Australia (AP) contravened section 162(1) of the National Law by failing to ensure a responsible person was present at all times its service provided education and care on those days. On 2 November 2016 and 5 December 2016 the AP contravened section 169(1) of the National Law by failing to ensure that the relevant number of educators educating and caring for the children present on those days was no less than the number prescribed for that purpose. On 8 February 2017 the AP contravened section 175(1) of the National Law by failing to keep prescribed documents available for inspection on that day.
Outcome
On 23 February 2018 the Tribunal ordered the AP to pay a penalty of $100,000, being: a) $85,000 for the breaches of section 162(1) of the National Law, b) $10,000 for the breaches of section 169(1) of the National Law c) $5,000 for the breach of section 175(1) of the National Law The Tribunal also ordered the AP to pay $3,000 towards the Department’s legal costs
  
Camp Australia - Lake Joondalup Baptist College OSHC (SE-40001859) 8 Kennedy Drive Joondalup WA 6027
On 19 December 2016 Camp Australia (AP) contravened section 167(1) of the National Law by failing to ensure that every reasonable precaution was taken to protect children being educated and cared for by it from harm and from any hazard likely to cause injury. On and after 20 December 2016 the AP contravened section 174(2) of the National Law by failing to notify the Regulatory Authority within the prescribed time that a serious incident had occurred at its service on 19 December 2016. On 14, 15, 16, 19 and 23 December 2016 Camp Australia contravened section 162(1) of the National Law by failing to ensure a responsible person was present at all times its service provided education and care on those days.
Outcome
On 23 February 2018 the Tribunal ordered the AP to pay a penalty of $35,000, being; a) $7,500 for the breach of section 167(1) of the National Law, b) $15,000 for the breach of section 174(2) of the National Law c) $12,500 for the 5 breaches of section 162(1) of the National Law The Tribunal also ordered the AP to pay $3,000 towards the Department’s legal costs
  
North Fremantle School of Early Learning. (SE-40002289.) 101 Stirling Highway North Fremantle WA 6159.
On 17 August 2017 Scholi Pty Ltd (the AP) contravened section 167(1) of the National Law by failing to ensure that every reasonable precaution was taken to protect children being educated and cared for by it from harm and from any hazard likely to cause injury.
Outcome
On 9 February 2018 the Tribunal ordered the AP to pay a penalty of $20,000 for the breach of section 167(1) of the National Law. The Tribunal also ordered the AP to pay $2,000 towards the Department’s legal costs.
  
Kids Inn OSHC Club. (SE-40005007.) 32 Central Road Kalamunda WA.
1. On 6 October 2017 Affinity Education Group Limited (AP) contravened section 165(1) of the National Law 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. 2. On or around 5 October 2017 the AP contravened regulation 100(1) of the national regulations by failing to carry out a risk assessment in accordance with regulation 101 before an authorisation for the excursion was sought under regulation 102 for an excursion. 3. On and before 6 October 2017 the AP contravened regulation 170(1) of the national regulations by failing to take reasonable steps to ensure that the nominated supervisor and staff members of the service followed the policies and procedures required under regulation 168. 4. On 6 October 2017, the Respondent contravened regulation 177(2) of the national regulations for failing to take reasonable steps to ensure the attendance records kept under regulation 158 were accurate.)

​Application to SAT for disciplinary action (VR10-2-18) Filed 25 January 2018​​

Outcome
On 15 February 2018 the Tribunal imposed a penalty of $12,000, being: • $11,000 for the breach of section 165(1) of the National Law, and • $1,000 for the breaches of regulations 100(1), 170(1) and 177(2) of the national regulations. The Tribunal also ordered the AP to pay $2,000 towards the Department’s legal costs.
  
Maylands Early Education Centre SE-00012896  Unit 29, 168 Guildford Road, Maylands WA 6051
The approved provider (AP) is alleged to have contravened: • Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair.

Compliance Notice (s 177) issued on 2 February 2018 requiring compliance by 19 February 2018. Notice required AP to provide evidence of the service demonstrating compliance and of systems in place to ensure continuing compliance with listed regulatory requirements. 

Outcome
AP provided evidence of compliance with the notice on 19 February 2018.
  
Little Peoples Place
The approved provider (AP) is alleged to have contravened section 165(1) of the National Law by failing to ensure adequate supervision of all children in its care. On 6-Sept-17 two children under the age of 4 attending the service were found by members of public while playing on Rockingham Road entirely unsupervised by the service, their absence from the service being completely unnoticed until the members of public alerted educators.
Outcome
The matter went mediation on 21-Dec-17 where an outcome was agreed.
On 5-Jan-18 the Tribunal ordered the AP to pay a penalty of $10,500 and to pay a contribution of $1,000 towards the Department’s legal costs.
  
Maylands Early Education Centre (SE-00012896), Unit 29, 168 Guildford Road, Maylands WA 6051
The approved provider (AP) is alleged to have contravened • Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair.

​Compliance Notice (s 177) issued on 22 December 2017 requiring compliance by 29 January 2018. Notice required AP to provide evidence of the service demonstrating compliance and that there were systems in place to ensure compliance with listed regulatory requirements. ​​

Outcome
AP provided evidence of compliance with the notice on 29 January 2018.
  
Camp Australia – Mount Pleasant Primary School OSHC (SE-00012934)   29 Queens Road, Mount Pleasant, WA 6153
The Approved Provider is alleged to have contravened: 1. Section 165A (1) and (2) Offence relating to children leaving the education and care service premises unauthorised. 2. Section 174 (2)(a) Offence to fail to notify certain information to Regulatory Authority. 3. Regulation 170 Policies and procedures to be followed.

Issue of Compliance Notice (S177) on 20 October 2017 requiring compliance by 20 November 2017.  Notice required AP to:

1. Implement written policies and procedures that were specific to Mount Pleasant for the following;

  • General supervision and plan,
  • Children leaving the area of supervision,
  • Bathroom supervision,
  • Reporting serious and fatal incidents,
  • Behaviour management of children; and
  • Risk assessments for utilising the bathroom and outdoor play space.

2. Conduct training with all staff working at Mount Pleasant Primary School OSHC on the following;

  • New policies and procedures that have been implemented,
  • Differentiating between a serious and non-serious incident and the time frames involved in reporting to the Regulatory Authority; and
  • ​Identifying children that have challenging behaviour and developing management plans to assist the child and educators whilst they are at the service.
Outcome
The AP submitted the required evidence within the timeframe and now satisfies the requirements of the Compliance Notice.
  
Stripy Zebra's Junior Education Centre (SE-00014306) Pam Buchanan Family Centre at 51 Gardugarli Drive, Baynton West, Karratha.
The approved provider (AP) contravened section 165(1) of the National Law on 10 May 2017 by failure to ensure adequate supervision of children in its care, in that a nearly 5-year old girl in the care of the service was left alone and strapped into a seat in a bus parked outside Embracing Children Karratha‘s service, on a 30 degrees Celsius day. Her absence from the service was only noticed when another parent walking past the bus heard banging and saw small hands hitting the bus window. The child was taken to hospital for observation.
Next action
On 27 Nov 17 the Tribunal ordered the AP to pay a penalty of $13,500 and to pay $2,500 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-Sept-16 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-Nov-17
On 20-Nov-17 the Tribunal found that the AP contravened s.177(3) and ordered the AP to pay a penalty of $2000 and to pay a contribution of $3,000 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.
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.
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).
  
CYC Camp Cooloongup (SE-00012530)
The approved provider (AP) 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 also 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 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
On 15 March 2017 the Tribunal ordered the AP to pay a penalty of $12,000 for the breach of s165(1), a penalty of $1,000 for the breaches of regulations and $1,000 towards the Department's legal costs. The Tribunal also reprimanded the AP for all breaches including th ebreach of s174(2)(b).
  
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 .
Next action
On 7-June-17 the Tribunal ordeed the AP to pay a penalty of $9,500 and $2,500 towards the Department's legal costs.
  
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.
Next action
On 10-May-17 the Tribunal ordered the AP to pay a penalty of $8,500 and $1,500 toward the Departmnent's legal costs.
  
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.
Next action
On 30-June-17 the Tribunal ordered the AP to pay a penalty of $12,000 and $2,000 towards the Department's legal costs.
  
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.
Next action
On 20-June-17 the Tribunal ordered the AP to pay a penlaty of $12,000 and a contribution of $1,000 towards the Department's legal costs.
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