28 July 2019

Latest NSW Prosecutions

The NSW Regulatory Authority under the National Law (Department of Education) has published details of prosecutions it has taken over the last two years on its Website. Prosecutions were against approved providers, persons with management or control, nominated supervisors, and educators. Incidents include child leaving the service unsupervised, child injured by equipment, child left on bus, inappropriate discipline, leaving children alone in a park, exceeding number of children in service, operating a service without ensuring health and safety of children, corporal punishment, child left at service unsupervised, giving of unauthorised medication, and providing education and care at an unapproved premises.

23 July 2019

Commencement of new WA No Jab, No Play Legislation

ABC Online, WA Today and Perth Now carried reports on the commencement of the new laws in Western Australia which started this week.

On 22 July 2019, changes to the Public Health Act 2016 (WA) and the School Education Act 1999 (WA) came into effect that are intended to increase vaccination rates of children and better protect the community from vaccine preventable notifiable infectious diseases. When enrolling a child into any child care service, kindergarten or school, parents/guardians are already required to provide their child’s Australian Immunisation Register (AIR) Immunisation History Statement. This statement must not be more than two months old. Under the new changes, the child’s immunisation status must be ‘up to date’ according to their AIR Immunisation History Statement to be permitted to enrol into long day care, family day care, pre-kindergarten or kindergarten. Exceptions apply to children who have an approved medical exemption to a vaccine, have natural immunity to a specific disease, are on an approved catch-up schedule, or are identified as an exempt child because of a particular family circumstance. More information is available from the WA Health Department website.

6 July 2019

Inadequate Supervision (Section 165, National Law): Chief Executive Officer, Department of Communities and Soo Jeom Cho (Family Day Care Educator)

In a case heard by the West Australian State Administrative Tribunal (WASAT), an order was recently 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, Soo Jeom Cho. The educator was an educator registered with Nectar FDC Service.

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, a neighbour of the educator was driving home and immediately after coming around a bend saw a child standing in the middle of the road. She stopped and exited her vehicle and approached the child, who was able to point to the residence of the educator. The child had left the service unnoticed and unsupervised when a parent came to collect another child at 3.30pm. The child was 2 years and 8 months old. In addition, when the child’s mother collected him at around 4pm, the educator did not inform the mother of what had occurred. The educator also failed to notify her approved provider of what had occurred, until after 19 March 2019, when authorised officers from the Department told her to report it. The educator said she did not immediately report the serious incident because she was embarrassed it had occurred.
The Tribunal ordered that the educator pay to the Department a penalty of $2,000, being $1,500 for the breach of section 165(3) and $500 for the breach of section 174A (failing to notify the approved provider of the service of a serious incident as defined by the National Law). The educator was also ordered to pay the Department a contribution toward its legal costs of $1000.

The West Australian also reported on this case.

In Western Australia such matters as this are generally heard as disciplinary matters under the National Law (WA), see the article by David Oliver in The Sector that explains the process in detail.


2 July 2019

Extension of ECT Transitional Provisions Under National Regulations

The Council of Australian Governments (COAG) Education Council released a communique after its meeting on 29 June 2019. It made some decisions regarding extending transitional provisions and other changes relating to Early Childhood Teachers:
Extension of transitional provisions under the National Quality Framework
Education Council agreed to extend a number of expiring transitional workforce provisions in the Education and Care Services National Regulations, to address the continued pressures faced by the sector in building a highly skilled early childhood education and care (ECEC) workforce, particularly in rural and remote areas. This also takes into account the impacts of the requirement from 1 January 2020 in most states, that providers of centre-based services have a second early childhood teacher or ‘suitably qualified person’ in attendance when 60 or more children preschool age or under are being cared for.Education Council also noted the work currently underway to build a national approach for the ECEC workforce.
 ‘Suitably qualified person’ consequential amendments to the Education and Care Services National Regulations
On 1 January 2020, regulations will come into effect in all states and territories (other than New South Wales) that require providers of centre-based services to have a second early childhood teacher or, alternatively, another ‘suitably qualified person’ in attendance when 60 or more children preschool age or under are being cared for and educated. Education Council agreed to the proposed minor and consequential amendments to the Education and Care Services National Regulations which support the practical operation of the ‘suitably qualified person’ requirement from 1 January 2020. Ministers will be asked to endorse the amending regulations prior to the end of December 2019.
 The Sector website provided a summary and analysis of the communique.