5 December 2017

Inadequate Supervision (Section 165, National Law) & Protection from Harm & Hazards (Section 167): Chief Executive Officer of the Department of Communities, Fremantle Early Learning Centre Inc

In a recent case before the West 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 contraventions of sections 165 and 167 of the National Law. The facts of the case are set out in the report of the case, and in particular the attached agreed set of facts. In summary, a 3 year old child at the service, unnoticed, placed his head through the cords of a hammock (recently installed at the service) hanging himself with his feet off the ground for over 5 minutes before being freed by an educator.

A penalty of $4,000 was imposed on the approved provider with a further $2,000 to be paid to the Department for legal costs.

WA Today also reported the case.

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