Requirements for Family Day Care Educators and Providers

ACECQA has issued some information about the complicated legislative requirements that were introduced on 1 October 2017, some of which apply from 1 April 2018, in relation to family day care (FDC) co-ordinator to educator ratios, the limit on the number of educators in an FDC service, and the approval of FDC venues. See their latest newsletter for further details.

ACT Compliance with the National Law

The Sydney Morning Herald has carried a report, based on Freedom of Information data, in relation to breaches of the National Law by ACT approved providers.

Inadequate Supervision (Section 165, National Law): CEO of Department of Communities, Kindley Investments Pty Ltd

In a case heard yesterday, before the West Australian State Administrative Tribunal (WASAT), 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 (Kindley Investments Pty Ltd).

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 approved provider's service, Seeds Childcare and Early Learning Centre in East Cannington, a 10 month old child in her cot was bitten all over her body by another child without being observed or prevented from doing so. A penalty of $10,000 was imposed on the approved provider.

Further Developments: CEO of Department of Communities, Lady Bug Holdings Pty Ltd

In relation to my previous blog post relating to the WASAT matter of CEO of Department of Communities, Lady Bug Holdings Pty Ltd, the Department of Communities has now decided to suspend the provider approval, effective 6 April, as it failed to pay the fine agreed to at WASAT. The suspension order allows the approved provider until 31 March 2018 to make full payment of monetary order and the decision to suspend provider approval will be repealed upon payment of the monies by this date. See the Department website for further details.

Former G8 Education Chairman Charged by ASIC

According to a report in the The Sydney Morning Herald, the Australian Securities and Investments Commission has charged ex G8 Chairman, Jenny Hutson, with criminal offences.

Commonwealth Compliance Action Regarding Grandparents Child Care Benefit

The Minister for Education and Training has issued a media release regarding the government "crackdown on dodgy family day care providers rorting the Grandparents Child Care Benefit (GCCB)".

Further Information on Perth Educator Convicted of Assaut

Further to my earlier blog regarding the WA educator convicted of assault for smacking and putting soap in the mouth of a child, ABC Online reported on the case, providing further details.

NSW Prosecuton of Approved Provider of Big Fat Smile Wollongong City Community Pre-School Service

Further to the earlier blog post that related to the prosecution of an educator at the service, the Illawarra Mercury has reported on the prosecution of the approved provider (Big Fat Smile) under the National Law before the Wollongong Local Court. The incident related to a child being left in the service after it had closed. The approved provider was fined $24,000 plus costs.

Western Australia Educator Convicted of Assault Against Child

According to the Department of Communities website, Kathleen Burton (certified supervisor at an undisclosed service), on 4 December 2017 smacked and put soap in the mouth of an autistic six year old child as a form of punishment and lesson for behaviour management. The certified supervisor failed to report the incident to the child’s parent, the approved provider or the Department. The certified supervisor was charged by police with one count of aggravated common assault and pleaded guilty. Accordingly the Department cancelled the supervisor's certificate of Kathleen Burton effective from 14 February 2018. In addition, the certified supervisor certificates of Tammie Bell and Jessica Peters were cancelled for their roles in the incident.

Victorian Health and Child Wellbeing Legislation Amendment Act - Commencement

Further to the earlier blog post, parts of this legislation commenced on 28 February, including most of the changes to the Public Health and Wellbeing Act 2008 relating to the immunisation of children at childcare centres, which seek to amend the immunisation requirements so that these are more closely aligned to the Commonwealth immunisation requirements and make some changes in relation to immunisation certificates (in particular, see sections 3(1), 3A, 143B, and 149A). The remainder of the provisions will be introduced by 1 November 2018 at the latest. The provisions that have come into effect are listed on the Victorian legislation website (under Legislative Information).

Proceeds of Crime: The Commissioner of the Australian Federal Police v Higgins

In a case heard by the NSW Supreme Court, Melissa Higgins sought orders for certain property to be excluded from forfeiture as proceeds of crime. By way of background, as provided by the Court, Ms Higgins was the sole director and shareholder of a childcare service which one of the companies were the subject of a proceeds of crime order, Aussie Giggles Pty Ltd (operating from Albury, NSW). The Australian Federal Police conducted an investigation into the service's claims for child care benefit. Ms Higgins was subsequently convicted of offences under section 134.1(1) Criminal Code Act, of having obtained property by deception and under section 135.1(1), of having dishonestly intended to obtain a gain, as well as offences under section 400.3, of dealing in the proceeds of crime. Various property belonging to Ms Higgins, including real property and a motor vehicle, as well as that of certain companies was the subject of a proceeds of crime order. The offences with which she was convicted appear related to payments totalling some $2.8 million made to Aussie Giggles Pty Ltd. Ms Higgins is currently in custody serving the sentences imposed by the District Court and is considering appealing against those sentences, but no appeal has as yet been lodged.

In this case the Court rejected Ms Higgins' application to have the proceeds of crime order reversed or certain property excluded, which had become vested in the Crown (Commonwealth Government) on 25 February 2018.

 

Inadequate Supervision (Section 165(1), National Law): CEO of Department of Communities, Affinity Education Group Limited

The West Australian Regulator under the National Law (Department of Communities) brought before the WA Civil and Administrative Tribunal (WASAT) the approved provider (Affinity Education Group Limited) for contravening the National Law in relation to its Kids Inn OSHC Club service at Kalamunda. The approved provider contravened:

• Section 165(1) by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children,
• Regulation 100(1) by failing to carry out a risk assessment in accordance with regulation 101 before an authorisation for the excursion was sought under regulation 102 for an excursion
• Regulation 170(1) by failing to take reasonable steps to ensure that the nominated supervisor and staff members of the service followed the policies and procedures required under regulation 168. 
• Regulation 177(2) of the national regulations for failing to take reasonable steps to ensure the attendance records kept under regulation 158 were accurate.

The full facts of the case are not known at this stage as the case has only been reported on the Department of Communities website (rather than the WASAT website). The Tribunal imposed a penalty of $12,000 on the approved provider with a further $2,000 to be paid to the Department towards its legal costs.

Responsible Person Not Present (Section 162, National Law): CEO of Department of Communities, Camp Australia Pty Ltd

In another case against Camp Australia handed down on 23 February, an order was made which gave effect to the terms of settlement in relation to a matter brought before the West Australian Civil and Administrative Tribunal by the WA Regulator (Department of Communities) for breaches of the National Law. The case involved contravention of 162(1) by failing to ensure a responsible person was present at all times its service provided education and care on 35 occasions. It also involved breach of section 169(1) by failing to ensure that the relevant number of educators educating and caring for the children present on those days was no less than the number prescribed for that purpose and section 175(1) by failing to keep prescribed documents available for inspection on that day.

The facts of the case are set out in the report of the case. All of the breaches are related to the approved provider's Dalkeith service and are detailed in the statement of agreed facts (attached to the case report). A penalty of $100,000 was imposed on the approved provider with a further $3,000 to be paid to the Department for legal costs.

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

WA Today carried a report on recent actions by the Department of Communities against Camp Australia for breaches of the National Law. This follows the latest case heard by the West Australian Civil and Administrative Tribunal against Camp Australia heard in February. 

In that case 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 (Camp Australia) 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 approved provider also contravened section 174(2) by failing to notify the Regulatory Authority within the prescribed time that a serious incident had occurred at its service and section 162(1) by failing to ensure a responsible person was present at all times its service provided education and care on five occasions. The facts of the case are set out in the report of the case, and in particular the statement of agreed facts. In summary, at its Joondalup service (at the time), a child sprayed another child in the eyes with anti-bacterial cleaner, which was accessible to children, resulting in injury to the child.
A penalty of $35,000 was imposed on the approved provider with a further $3,000 to be paid to the Department for legal costs.

Queensland Anti-Vaccination Families Establish Own Childcare Services

ABC Online carried a story on anti-vaccination families in Queensland creating their own social services, including childcare and schools, in a bid to avoid no jab, no play requirements.