This case was recently adjudicated by the West Australian State Administrative Tribunal. In this matter 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 165, National Law, by the approved provider (Gilmi Enterprises Pty Ltd) by failing to ensure that all children being educated and cared for by its service were adequately supervised at all times that the children were in the care of the service. The facts of the case are set out in the statement of relevant facts (Annexure A to case summary). In summary, a 7 year old child was not collected from the bus stop by a staff member from the service (Nature's Atelier Vasse after school care) as required. Instead a parent who was at the bus stop to collect his children noticed the child and took her to the service.
A penalty of $12,500 was imposed on the approved provider with a further $3,500 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.
No comments:
Post a Comment