13 May 2018

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.

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