Protection from Harm and Hazard: Chief Executive Officer, Department of Communities and Scholi Pty Ltd

This is the third recent case adjudicated by the West Australian State Administrative Tribunal involving children getting burnt feet while outside (see previous posts of 27 August and 8 September). 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, National Law, by the approved provider (Scholi 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 (see Annexure A of the case). In summary, at the approved provider's North Fremantle School of Early Learning service, while in an outdoor area a two-year old child burnt their feet when walking on an unshaded brick paved and synthetic grass area. The child required medical treatment at Perth Children's Hospital.

A penalty of $9,000 was imposed on the approved provider with a further $1,000 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.

The Department of Communities issued a media release on this case.