20 December 2017

Recent WASAT Cases

In November, the West Australian State Administrative Tribunal (WASAT) made a number of orders in relation to matters brought before the tribunal by the WA Regulator (Department of Communities) for contraventions of the National Law.

In Department of Communities, Lady Bug Holdings Pty Ltd, the approved provider (Lady Bug Holdings) was found to have contravened section 177(3) for failing to comply with the terms of a compliance notice issued on 28 September  2016. The compliance notice related to the Melville Day Care Centre, in Melville, and required compliance by 16 March 2017, in respect to a number of matters relating to section 167 and regulations 103-4 (see the Department of Communities website for details of the compliance notice).
The Tribunal ordered the approved provider pay a fine of $2,000 and pay $3,000 towards the Department's legal costs.

In Department of Communities, Embracing Children Karratha Pty Ltd, the approved provider (Embracing Children Karatha) was found to have contravened section 165(1) by failing to ensure adequate supervision of children in its care. The facts of the case were that an educator from the service, Stripy Zebra's Junior Education Centre, driving a bus collected seven children from various schools to transport them to the service. The bus arrived at the service at about 2.52pm and six children entered the service. The nominated supervisor signed in seven children. At 3.24pm a parent walking past the service noticed a child about 5 years old strapped into a seat in the bus. It was a 30 degree day. 
The Tribunal ordered that the approved provider pay a fine of $13,500 and pay the Department $2,500 towards its legal costs.

No comments:

Post a Comment