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.