Recently, the West Australian State Administrative Tribunal (WASAT) made a 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 by approved providers of s.165, National 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 Department of Local Government and Communities, the Catholic Education Commission of Western Australia Trustees Association Inc. (CECWATA), a penalty of $8,500 and legal costs of $1,500, were imposed on the approved provider (CECWATA). The case concerned CECWATA's service at Sacred Heart Primary School, Thornlie. In January 2017, a five year old child with ADHD left the service unnoticed and unsupervised and walked about 2.8 km to his aunt's residence. The child's absence was noted for about a 15 minute period. The full details are set out in the agreed facts in the case appended to the order.
The same approved provider was also involved in another matter before the Tribunal in which an $8,000 penalty and legal costs of $1,000 were imposed. That case concerned its service at St. Columba's Primary School, Bayswater. In this case, in February 2017, a six year old child left the service unnoticed and unsupervised through a gate that had a faulty self-locking mechanism around 5pm. A member of the public found the child 250m from the service at around 5.19pm and called the mother. The full circumstances are set out in the agreed facts in the case appended to the order. WA Today published a report of this case as well.
In CEO of the Department of Local Government and Communities, Horizons Childhood Learning Centres Pty Ltd the Tribunal imposed a $12,000 penalty and legal costs of $1,000. The case concerned the approved provider's service called Horizons Childhood Learning Centre South Fremantle OSHC and a five year old child leaving unsupervised and unaccompanied by an educator or any authorised adult. But no agreed facts are attached to the decision.
(Note: in WA rather than prosecute in a court (as is the case with other States and Territories) certain breaches of the National Law may be heard by WASAT as a disciplinary action under s.188B of the Schedule to the Education and Care Services National Law (WA) Act 2012)
In Department of Local Government and Communities, the Catholic Education Commission of Western Australia Trustees Association Inc. (CECWATA), a penalty of $8,500 and legal costs of $1,500, were imposed on the approved provider (CECWATA). The case concerned CECWATA's service at Sacred Heart Primary School, Thornlie. In January 2017, a five year old child with ADHD left the service unnoticed and unsupervised and walked about 2.8 km to his aunt's residence. The child's absence was noted for about a 15 minute period. The full details are set out in the agreed facts in the case appended to the order.
The same approved provider was also involved in another matter before the Tribunal in which an $8,000 penalty and legal costs of $1,000 were imposed. That case concerned its service at St. Columba's Primary School, Bayswater. In this case, in February 2017, a six year old child left the service unnoticed and unsupervised through a gate that had a faulty self-locking mechanism around 5pm. A member of the public found the child 250m from the service at around 5.19pm and called the mother. The full circumstances are set out in the agreed facts in the case appended to the order. WA Today published a report of this case as well.
In CEO of the Department of Local Government and Communities, Horizons Childhood Learning Centres Pty Ltd the Tribunal imposed a $12,000 penalty and legal costs of $1,000. The case concerned the approved provider's service called Horizons Childhood Learning Centre South Fremantle OSHC and a five year old child leaving unsupervised and unaccompanied by an educator or any authorised adult. But no agreed facts are attached to the decision.
(Note: in WA rather than prosecute in a court (as is the case with other States and Territories) certain breaches of the National Law may be heard by WASAT as a disciplinary action under s.188B of the Schedule to the Education and Care Services National Law (WA) Act 2012)
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