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If you wish to continue to receive email notifications of new posts in the future you will need to resubscribe on the new site: https://mog416.wixsite.com/auschildcarereg. The email subscription form is at the bottom of the page. I have had to move the blog due to this site (on Blogger) ceasing to support email notifications in the near future. Apologies for the inconvenience!

Inadequate Supervision (Section 165): CEO of Department of Communities and Maragon Australia Pty Ltd

In another case heard by the Western Australian State Administrative Tribunal an order was made which gave effect to the terms of settlement in relation to a matter brought before the tribunal by the WA Regulator (Department of Communities) for contravention of section 165, National Law, by the approved provider (Maragon Australian Pty Ltd) by failing to ensure that all children being educated and cared for by its service were adequately supervised at all times that the children were in the care of the service. The contravention related to the Busy Bees at Mirrabooka service. In this case a three-year-old child left the service’s premises, walked through a busy public carpark and then entered a pharmacy. Pharmacy staff alerted WA Police and also enquired with the service as to whether they were missing a child. It was only at this point that the service realised a child was missing. Further details can be found in the report of the case (including Annexure A). The tribunal imposed a fine of $14,000 plus legal costs of $1500.

Busy Bees at Mirrabooka

Busy Bees at Mirrabooka

Busy Bees at Mirrabooka

Busy Bees at MirraboThe facts of the case are set out in the statement of relevant facts (Annexure A to case summary). In summary, a 6 year old child was left at the service alone and unsupervised when two educators left the service to take the rest of the children to various schools. The school cleaner and school teacher found the autistic child in a distressed state and unable to leaveA penalty of $9,000 was imposed on the approved provider with a further $1,000 to be paid to the Department for legal costs.

In Western Australia, uniquely, such matters as this are generally heard as disciplinary matters under the National Law (WA), see the article by David Oliver in The Sector that explains the process in detail.

The Department of Communities issued a media release on this case.

Childcare News Stories

Further to the previous blog post a number of news outlets have carried reports on the sanctions imposed in relation to Mulberry Tree OSHC, including The West Australian, 7News, and News.com.au.

9News carried a reported about a man charged with a sexual offence allegedly living at a former Melbourne Family Day Care home.

Inadequate Supervision (s.165) - CEO of Department of Communities Cachet Holdings Pty Ltd T/As Mulberry Trees OSHC - Leederville

Further to my previous blog post, the WA State Administrative Tribunal have imposed a sanction in this case. See their website for further information. In addition, the Department issued a media release.

Regulatory Resources

A number of resources have recently been published that may be of interest, particularly to childcare regulators:

• Theories of Regulation & Governance - a series of webinars by well known academics in the regulatory field available on YouTube.
• How to Regulate - a free e-publication available from the Regulatory Institute's website. The publication presents an inventory of regulatory techniques from over 40 jurisdictions and a basic universal method.
• Fundamentals of Regulatory Design - by Malcolm K. Sparrow. This book tackles five major design issues that affect all regulators and in particular addresses the issue of what it might mean to be a "risk-based regulator." The book is available for purchase through Amazon as an e-publication or in hard copy.
  

Audits Conducted to Improve Work Health and Safety in ACT Childcare Centres

Between 2 November 2020 and 31 March 2021, WorkSafe ACT visited 45 childcare centres, issuing 179 improvement notices and 2 prohibition notices for work health and safety breaches. More information can be found in their media release.

Prosecution & Enforcement News

ABC News Online carried a report on a former South Australian childcare worker who has been charged with further child abuse offences.

9News reported on enforcement action taken against West Australian childcare services. 

The Sector website carried a report on the prosecution of a NSW approved provider and nominated supervisor in which a two year old was left in a minibus for an extended period of time.

 

Queensland Approved Provider Prosecuted for Leaving Child on Bus

The Queensland Department of Education has recently published details of this prosecution on their website.

New Educator-to-Child Ratio Calculator for Centre-based Services

ACECQA have published on their website a ratio calculator for centre based services under the National Law.

Further Prosecutions by NSW Regulatory Authority

The NSW Regulatory Authority under the National Law (Department of Education) has recently published details of a further 12 prosecutions it undertook last year. The prosecutions relate to breaches of sections 165, 167 and 295 of the National Law and further details can be found on their website. The Sector website also published a summary.

Victorian Information Sharing Reforms

From 19 April 2021, authorised staff in education and care services will be able to share information with other professionals who work with children and families in relation to children’s well being and safety. The Sector website published an article on the changes.

Weston Creek Children's Centre Director Charged with 26 Additional Fraud Offences

ABC Online carried a report on the latest developments in this case.