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 (YMCA of WA Inc)) 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 contravention related to the YMCA Carnaby Rise OSHC service. The facts of the case are set out in the statement of relevant facts (Annexure A to case summary). In summary, a 5 year old child was seen by a grandparent collecting her own children in the school car park towards the exit alerted the service. Educators searched for the child and police were contacted. The child was located in a car with two members of the public some 700m from the service.
A penalty of $17,000 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.
A Department of Communities media release was also published on this case.
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