21 November 2017

Inadequate Supervision (Section 165, National Law): Recent West Australian Cases

Recently, the West Australian State Administrative Tribunal (WASAT) made a further number of orders which gave effect to the terms of settlement in relation to matters brought before the tribunal by the WA Regulator (Department of Local Government and Communities) for contraventions of s.165National Law, in that they by failed to ensure that all children being educated and cared for by the service were adequately supervised at all times. 

In Chief Executive Officer of the Department of Communities, Jane Hale, Jane Hale, a family day care educator with Nature Alliance Family Day Care Services, was found to have contravened s.165(3) of the National Law as the child was obtained burns to 7% of his body due to spiiling hot tea on himself. A fine of $6,500 was imposed on the educator for breach of s.165(3) and r.102(3). She was also required to pay $500 in costs to the Department.

In another case, Chief Executive Officer of the Department of Communities, Helping Hands Network Pty Ltd (not reported on the WASAT website) the approved provider was found to have contravened section 165(1) of the National Law in that a six year child with downs syndrome left the service unnoticed and unsupervised and was found wandering on the road about 100 metres from the service. The service was Helping Hands Rockingham Beach at Rockingham Beach Primary School. A fine of $8,000 was imposed on the approved provider for breach of s.165. The approved provider was also required to pay $2,000 in costs to the Department. Further details can be found on the Department's web page and in a news report in the Kwinana Courier.







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