17 December 2019

Latest NSW Prosecutions

The NSW Regulatory Authority under the National Law (Department of Education) has recently published details of prosecutions it has taken over the last five months on its Website

A number of the prosecutions occurred in relation to the operation of Family Day Care Service, Joys Child Care. The approved provider, Joys Child Care Limited, and the holding entity of the service, the Chinese Students Association, were each fined $47,500 for providing an education and care service without a service approval and advertising education and care services for a service that was not an approved service. Mr Jan Shang, person with management or control of Joys Child Care Limited and Chinese Students Association, was fined $34,000 for the above offences as well as obstructing an authorised officer, failing to comply with requirements made by an authorised officer and failing to comply with a requirement under section 215.

In addition, the Council of the City of Sydney, approved provider of Ultimo Children’s Program, was fined $10,00 for breach of sections 165 and 167. The facts were that a nine year old child with Downs Syndrome was enrolled at the service. The parents of the child made the approved provider aware of the child’s tendency to abscond. At approximately 5:30pm on 5 February 2018, a parent advised a staff member that she had just seen the child walk through the foyer and leave the service. A staff member immediately went after the child, who was observed on the corner of two streets. The staff member started to run towards the child, which caused the child to start running away from the staff member. The staff member stopped running and the child allowed the staff member to approach and they returned to the service.

Thanks to a blog reader for advising of this update.

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