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.