16 February 2018

Protection from Harm and Hazard (Section 167, National Law): CEO of Department of Communities, Scholi Pty Ltd

In a case heard before the West Australian State Administrative Tribunal earlier this month, 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 167 of the National Law by the approved provider (Scholi Pty Ltd) by failing to ensure that every reasonable precaution was taken to protect children being educated and cared for by it from harm and from any hazard likely to cause injury.

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 Fremantle School of Early Learning service a child spilt hot water on themselves causing burns.

A penalty of $20,000 was imposed on the approved provider with a further $2,000 to be paid to the Department for legal costs.

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