Protection from Harm and Hazard (Section 167, National Law): Chief Executive Officer, Department of Communities and Success Early Learning Pty Ltd

This a very instructive case recently adjudicated by the West Australian State Administrative Tribunal. In this case an order was 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 167 of the National Law by the approved provider (Success Early Learning Pty Ltd)) by failing to ensure that every reasonable precaution was taken to protect children being educated and cared for by it from harm and from any hazard likely to cause injury.  The facts of the case are set out in the statement of relevant facts (Annexure A). In summary, at its Success Early Learning service, a child almost 3 years old and several other children were playing outside at the service, being supervised by one educator. After dealing with other children fighting the educator heard a scream and saw the child lying on her back, crying and pointing to her foot and refusing to stand on it. The service put ice packs on her foot and called her parents who took her to the Perth Children’s Hospital burns unit for treatment.
A penalty of $14,500 was imposed on the approved provider with a further $2,000 to be paid to the Department for legal costs.

In Western Australia, uniquely, 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.

In support of this case, the Department of Communities issued a media release today reminding childcare operators to adequately protect children from the sun and of the heating effect the sun has on playground surfaces and equipment. Some time ago I published a post on the issue of high surface temperatures found in childcare outdoor play spaces.

Fair Work Ombudsman Action Involving Sydney Childcare Centre

According to a media release by the Fair Work Ombudsman the Ombudsman has secured $30,240 in penalties against a former Sydney childcare centre operator for failing to back-pay two migrant employees who worked for the centre under the guise of a volunteer arrangement. The Federal Circuit Court has imposed a $5,040 penalty against Sydney man Jan Shang, who formerly operated the Joys Child Care centre in Parramatta, and has penalised his company, Joys Child Care Limited, an additional $25,200. This childcare centre and Mr Shang have been subject to a number of actions reported on in previous posts.

Education and Care Services National Amendment Regulations 2020 Published

Further to the previous post, the Education and Care Services National Amendment Regulations 2020 have been published on the NSW legislation website.

Education and Care Services National Amendment Regulations 2020

According to a report on The Sector website, from 1 October, an amendment to the Education and Care Services National Regulations, will introduce new requirements for approved providers of early childhood education and care services that offer, or arrange, transportation of children.

From 1 September there also will be amendments made to staffing provisions in South Australia.

For further information on all the regulatory changes see the ACECQA website.

NSW Child Safe Standards

The NSW Office of the Children’s Guardian has released the Guide to the Child Safe Standards to support organisations working with children to create, maintain and improve their child safe practices.

Victorian Enforcement Actions Under the National Law

The Sector website has published an analysis of enforcement actions undertaken by the Victorian regulator, the Department Education and Training, in 2020.

Changes to Queensland Blue Card System

From 31 August, a number of changes to the blue card system come into effect, including the requirement for Queensland childcare workers to have a valid blue card before they can start work. Comprehensive information on the changes is given on the Queensland Government website.

Transporting Children as Part of Childcare Service

The Department of Education has published guidance for approved providers of both centre-based and family day care services operating in Queensland that transport children as part of their service.