Cancellation of Working With Children Check: DBF v Children’s Guardian

The NSW Civil and Administrative Tribunal recently heard an appeal by a council employed family day car educator (DBF) whose working with children clearance was cancelled by the NSW Children's Guardian as she posed a risk to the safety of children under section 23(1), Child Protection (Working with Children) Act 2012. The allegation that led to the cancellation was that a four-year-old child was assaulted by DBF’s husband while in the care of DBF. The Tribunal affirmed the decision of the Children's Guardian, stating that: 

The Tribunal has considered very carefully all the factors in favour of DBF, however, on balance, having regard to the paramount consideration being the safety and well-being of children, the Tribunal is not satisfied that these outweigh the real and appreciable risk DBF poses to children that arises from her conduct since the trigger incident. This finding is made on the basis of her failure to report the incident to the Council. It is based on her inability or unwillingness to prioritise child protection matters as demonstrated by her minimisation of the trigger incident and her attempts to absolve herself and her husband from responsibility. This was also demonstrated in her failure to disclose the recent de-registration against her to the new FDC provider service as described above.

For these reasons, the Tribunal is satisfied that DBF poses a real and appreciable risk to the safety of children. (paras. 94-5).

The full judgement of the Tribunal can be seen here.

Victorian Child Information Sharing Scheme

The Department of Education and Training has sought public comment on the implementation of a legislative scheme which will allow information sharing between authorised and trained professionals specifically to promote children’s well being and safety via this website. The scheme was introduced in response to issues identified by the Royal Commission into Institutional Responses to Child Sexual Abuse and is scheduled to be implemented progressively from 3 September 2018. Legislation to support the scheme was passed earlier this year in the Children Legislation Amendment (Information Sharing) Act 2018. The Victorian Government also released a media release on the legislation.

Commonwealth Funding of NQF - NT Response

The Katherine Times carried a story on the NT's response to the reduction in Commonwealth funding to pay for quality checks of childcare services by States and Territories.

Review of Cancellation of Approval as Child Care Service Provider: WA Bright Kids Family Day Care Pty Ltd and Secretary, Commonwealth Department of Education and Training

This was a case heard by the Australian Administrative Appeals Tribunal in which the Department argued that the Tribunal did not have jurisdiction to review its decision to cancel the Applicant’s approval as a child care service provider under section 202(4A), A New Tax System (Family Assistance)(Administration) Act 1999 (i.e. in relation to the payment of Commonwealth child care benefit). The Tribunal found that it did have jurisdiction, see the full case here.

Working With Children Checks and Police Checks in Australia

Child Family Community Australia has updated its resource sheet called Pre-employment screening: Working With Children Checks and Police Checks.
It provides an overview of the types of Working With Children Checks and Police Checks in Australia, their requirements, and jurisdiction contact information.

Commonwealth Government Funding of NQF - Victorian Response

Following the earlier post, the Victorian Minister for Families and Children has now issued this media release regarding the funding cut.

Commonwealth Government Funding of NQF

According to a report in The Daily Telegraph, the Commonwealth Government has axed $20m in funding to pay for quality checks of childcare services by States and Territories.

Inadequate Supervision (Section 165, National Law): Chief Executive Officer Department of Communities and Farooq

In a case heard on 9 May, 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(3), National Law by family day care educator, Ms Afshan Farooq. In addition, the educator contravened regulation 178(2), National Regulations by failing to take reasonable steps to ensure that the prescribed attendance record for a child was accurate.

The facts of the case are set out in the report of the case, and in particular the attached agreed set of facts (annexure A). In summary, the educator left two children under 3 years old with her husband and 8 year old child while she went to a physiotherapy appointment. Later the husband left the 2 year old at the residence alone and unsupervised while he took the 3 year old home. Shortly, after the mother of the 2 year old arrived at the residence to collect her child who could be heard crying but she was unable to collect the child. Six minutes later the husband returned, and later the educator. A penalty of $3200 was imposed on the educator and she was also required to pay $1000 towards the Department's legal costs.

Brisbane Childcare Service Closed Down Due to Fire Safety Risk

According to a report on 9News.com.au, the Queensland’s Department of Education closed Little Ducks Childcare Centre in Fortitude Valley due to lack of fire exits.

Court Hearing on Alleged NSW Childcare Fraud

Further to yesterday's blog post, the matter was heard by the Central Local Court yesterday where bail was granted to the two accused, according to a report by 9 News.

AFP Operation In Relation to NSW Family Day Care Fraud

The Commonwealth Minister for Education and Training issued a media release today in relation to the Australian Federal Police, acting on information provided by the Department of Education and Training, executing a search warrant yesterday in Lakemba and Kellyville in Sydney. Two people have been charged with offences following an investigation into alleged fraudulent family day care payment claims. The Sydney Morning Herald published an article which gave more details about this operation.

New Queensland Guidance Published on Services Operating from Multi-storey Buildings and Operating Bush Kindies

The Queensland Department of Education (the Regulatory Authority under the National Law for Queensland) has recently published new fact sheets on guidance to approved providers operating services from multi-storey buildings and bush kindy (kindergarten excursions). See their website (under the heading Operational Requirements) for these two new fact sheets.

Changes to Queensland Legislation Regarding Purchase of Epipens and Asthma Medicines

Changes to the Health (Drugs and Poisons) Regulation 1996 now allow a pharmacist to sell adrenaline (known by the brand name Epipen) and salbutamol and terbutaline (asthma reliever medicines) for the purpose of stocking and maintaining a first-aid kit. A pharmacist may sell these medicines to people who have the authority to purchase them, which includes child care services employees in certain circumstances. For more information see the Queensland Health Fact Sheet.