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 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.
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.
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