On 23 January, Western Australia made the Education and Care Services National Amendment Regulations 2018 which amend the Education and Care Services National Regulations 2012. The amending regulations support changes to the assessment and rating process, which come into effect nationwide on 1 February 2018. In particular, they adopt the revised National Quality Standards.
The amending regulations adopt many of the regulations made by the Education and Care Services National Further Amendment Regulations 2017 (in relation to assessment and rating) adopted in other jurisdictions (see previous blog):
- amendment of regulation 59 regarding Significant Improvement Required rating
- inclusion of Part 7.11 which relates to transitional provisions in relation to the assessment and rating process following the changes to the NQS
- amendment of Schedule 1 which is the new NQS
- amendment of Schedule 2 in relation to fees for applications for the highest rating
Interestingly, the WA regulations do not include new regulation 70A adopted in other jurisdictions. Regulation 70A states that an application for the highest rating level (excellent rating) can only be made if the service is rated at the second highest rating level (exceeding NQS) in each quality area. This is apparently inconsistent with section 152(5) which states that:
An application may be made for the highest rating level only if the current overall rating of the service is the second highest rating level.
This is because regulation 62(3)(b) allows the awarding of an overall exceeding rating without a service obtaining an exceeding rating in all quality areas. These provisions are in similar terms in both sets of legislation.
ABC Online carried a report on concerns by some industry groups about the increasing number of childcare services being established and the impact on the sector.
Channel 9 reported that an 16 month old child was left on Tuesday on a bus, used by Goodstart Early Learning in Parkwood for
more than an hour, on a hot day on the Gold Coast. Reports were also carried by the Brisbane Times and The Daily Mail Australia.
The Queensland Regulatory Authority under the National Law (Department of Education) has published details of the prosecution of Jaisan Ndamuhawenimana, the approved provider for the Learning and Uniting Family Day Care service. The approved provider was prosecuted for an offence under section 295(1) of the National Law. Section 295(1) provides that "a person must not give the Regulatory Authority or an authorised officer under this Law any information or document that the person knows is false or misleading in a material particular." The penalty is up to $6,000, in the case of an individual, and $30,000, in any other case.
In this case the service had a condition on service approval limiting the number of educators to 30. The approved provider provided documentation and made representations to the Regulatory Authority stating that he had 30 educators when in fact more than 30 educators were registered or engaged by the service. The approved provider pleaded guilty before the Beenleigh Magistrates Court and a fine of $2,500 was imposed (with no conviction recorded) with $1,000 costs awarded to the Department.
The Daily Telegraph reported on the intention of parents to circumvent the government no jab, no play requirements by establishing their own childcare service.
In a case heard this month, 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 contravention of section 165 of the National Law by the approved provider (Narula Holdings).
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, at the Little Peoples Place service, in Spearwood, two autistic children, one 3 1/2 and the other nearly 4 years of age, were found by the public playing on the main road unsupervised.
A penalty of $10,500 was imposed on the approved provider with a further $1,000 to be paid to the Department for legal costs.
According to a report on news.com.au, Vivien Mahomet, operator of Academy for Kids, was fined $85,000 by the Federal Circuit Court for underpaying educators at her service. A number of other orders were also imposed.
The full report of the case can be accessed here.
The Commonwealth Department of Education and Training have introduced this new Register. The Child Care Enforcement Action Register is a list of services that
have been the subject of a sanction and/or immediate suspension under
the A New Tax System (Family Assistance) (Administration) Act 1999 (in relation to childcare benefit). It is to be updated every three months.
The media have reported extensively on this new Register. For instance, see reports in the The Sydney Morning Herald, The Canberra Times, and ABC Online.
Enforcement action taken against services under the National Law, by each of the Regulatory Authorities, in each jurisdiction is generally published on their websites.
The Age has published a report on enforcement action taken by the Victorian Regulatory Authority (Department of Education and Training) under the National Law in 2017.
The original Victorian Government press release can be found here.
