9 March 2019

Recent WASAT Cases for Breach of Section 165, National Law (Inadequate Supervision)

The Western Australian Regulatory Authority's (Department of Communities') have recently published information in relation to proceedings taken before the West Australian State Administrative Tribunal for contraventions of section 165:

Proceedings were taken against Cachet Holdings Pty Ltd (approved provider, operator of Mulberry Tree Child Care - North Perth) for contravention of section 165(1) when, on 22 May 2018, a nearly 3 year old child left the service unsupervised and was found crossing Grosvenor Street by two members of the public in their car. ThTribunal ordered the approved provider pay a penalty of $10,500 and pay a contribution of $2,000 towards the Department’s legal costs.

Action was also taken against YCC (WA) Pty Ltd (approved provider, operator of
Atlantis After School - Alkimos) for contravention of sections 165(1) and 173(1)(b) on 27 July 2018 by failing to ensure that all children being educated and cared for by its service were adequately supervised at all times the children were in the care of its service and on or after 5 January 2018 failing to notify the Regulatory Authority in writing and within the prescribed time of the removal of a person with management and control of its service. The Tribunal ordered the approved provider pay $9,000 for the contravention of section 165(1) and $1,000 for the contravention of section 173(1)(b), and to pay a contribution of $2,000 towards the Department’s legal costs.

Proceedings were also initiated against Barbara Johnston (approved provider of
Broome Daycare Centre). The approved provider was alleged to have contravened section 165(1) on 28 September 2018 by failing to ensure that all children being educated and cared for by her service were adequately supervised at all times the children were in the care of the service. The Tribunal ordered the approved provider pay a penalty of $2,000 for the contravention of section 165(1) and a contribution of $1,000 towards the Department’s legal costs.

 




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