Inadequate Supervision (Section 165, National Law)): CEO of Department of Communities and OSHClub

In two cases case heard by the West Australian State Administrative Tribunal (WASAT) last month orders were recently made which gave effect to the terms of settlement in relation to matters brought before the Tribunal by the WA Regulator (Department of Communities) for contravention of section 165(1), National Law, by approved provider, OSHClub.

The first case was CEO of Department of Communities and OSHClub Pty Ltd t/as Bicton OSHclub. The facts of the case are set out in the decision, and in particular the attached statement of agreed of facts. In summary, the action related to two incidents at the the approved provider's service at the Bicton Primary School at which it provides before and after school care. The first incident related to a 3 year old child who was not picked by the service from kindergarten and was left unsupervised for 10 minutes. The second incident related to another 3 year old child who went through a gap in the fence of the outside play area and entered the car park unsupervised where he was found 30 minutes later by the child's mother. The Tribunal ordered that the approved provider pay to the Department a penalty of $18,000, plus a contribution toward the Department's legal costs of $3000.

The second case was CEO of Department of Communities and OSHClub Pty Ltd t/as Treendale OSHClub. The facts of the case are set out in the decision, and in particular the attached statement of agreed of facts. In summary, the action related to incident at the approved provider's service at Treendale Primary School at which it provides before and after school care. A 4 year old child in the care of the service was found out by the road unaccompanied and upset by a parent and was brought back to the school. The child had been left unsupervised for about 10 minutes. The Tribunal ordered that the approved provider pay to the Department a penalty of $18,000, plus a contribution toward the Department's legal costs of $3000.

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.