23 January 2018

Prosecution of Approved Provider of Learning and Uniting Family Day Care Pty Ltd, Queensland

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.

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