14 June 2018

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

In a case heard this month, 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, Julie Anne Belhamine.

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 who works for Nature Alliance Family Day Care, allowed a 2 year old child to leave her premises unsupervised, through a door that was unlocked. The child was noticed missing and found by the educator some 210 metres from her house standing with an adult member of the public. A penalty of $1500 was imposed on the educator and she was also required to pay $500 towards the Department's legal costs.

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