8 February 2018

NSW Prosecutions Under the National Law

The NSW Regulatory Authority (Department of Education) has recently published, on its website, details of a number of prosecutions it undertook under the National Law in the second half of 2017:
  • Prosecution against Only About Children Pty Ltd, approved provider of Only About Children Rose Bay 1, for breaches of section 167(1) and regulation 170(1). The approved provider was convicted at Waverley Local Court and fined a total of $5,610. 
  • Prosecution against W K Phillip Pty Ltd, approved provider of Caves Beach Early Learning Centre, for breaches of section 51(8) (maximum number of children) and not having the correct number of Early Childhood Teachers. The approved provider pleaded guilty and the offences were proven but a conviction was not recorded. The matter was conditionally discharged on the entering of a good behavior bond for a period of two years.
  • Prosecution against Joshua Emerton, nominated supervisor of Active OOSH Cameron Park, for breach of s.165(2). The nominated supervisor was convicted at Newcastle Local Court and fined $3,000.
  • Prosecution against Pipdol Pty Ltd, approved provider of Cheeky Cherubs Preschool, for breaches of section 165(1), 169(1), 19(4), and regulation 99(1). The approved provider was convicted at Gosford Local Court and fined $11,250. In addition, Philip Clark, company director of the approved provider, was fined $1800; and Kerrie Ross-Clark, nominated supervisor at Cheeky Cherubs was fined $6,600.
  • Prosecution against G & M Childcare Centres Pty Ltd, approved provider of The Pines Academy, for breach of section 167(1). The approved provider was convicted at Campbelltown Local Court and fined $9,000. The nominated supervisor, Adriana Caruso (nee Tozzi), pleaded guilty to breach of section 167(2) and the offence was proven but dismissed without further penalty.
  • Prosecution against Kidz Klub Pty Ltd, approved provider of Kidz Klub, for breach of sections 165(1) and 167(1). The approved provider was convicted at Penrith Local Court and fined $22,500. The nominated supervisor, Karren Green, was also fined $2,000.
Further details on the incidents can be found on the website.

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