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.