1 March 2018

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.

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