Five Arrests Related to Alleged Criminal Network Connected to Multi-million dollar Family Day Care Fraud

The Australian Federal Police have issued a media release on the latest arrests to do with alleged Family Day Care fraud. Articles also appeared in The Age and ABC Online.

Hot Weather Risks for Children

The NSW Department of Education (Regulatory Authority for NSW under the National Law) has recently updated its advice on this risk.

Managing Allergic Reactions in Early Childhood Education and Care Services

The NSW Department of Education (the Regulatory Authority under the National Law in NSW) has published information on this issue on its website.

NSW Government Seeks Feedback on Proposal to Streamline Childcare Planning Approval Processes

The Sector website reported on this consultation. Submissions are called for by 17 December. More information is available from the NSW Government Planning Portal.

Working With Children Checks: SMA v Director General, Department of Justice and Attorney General

This is an interesting case heard by Queensland Civil and Administrative Tribunal. SMA had been issued with a Prohibition Notice under the National Law. the basis of the Notice was that SMA had used inappropriate physical discipline on children in her care; made inappropriate comments to children within her care; used a chemical compound (acid) as a cleaning substance without taking all reasonable steps to ensure children were not exposed to the substance; and lit a cigarette in the yard where children were present. SMA later unsuccessfully applied to the regulator (Department of Education) to have the prohibition notice cancelled. SMA had direct involvement in the management of and was the sole director of an early childhood learning centre. The case before the Tribunal was an application by her for her blue card to be reinstated. The Tribunal determined that there were not grounds to do so (paras. 36-7):

Having considered all the evidence in this matter, I am of the view that in the absence of tangible evidence to support a SMA’s assertion that her counselling and mentoring has reduced those concerns raised, there still remains an apprehension whether it would be in the best interests of children for a positive exemption notice and an exemption card to be issued to SMA at this particular time.

In reaching that conclusion just outlined, I acknowledge that SMA has taken steps to address those concerns raised.  However, notwithstanding the approaches she has already undertaken, I am not satisfied that those steps have reached the appropriate threshold to address the concerns which led to the decision being made.  Perhaps at some indeterminate time in the future, SMA might be better placed to reinvigorate her application with the assistance of further evidence of a therapeutic reduction of the risks identified. 

More Family Day Care Fraud Arrests

The Australian Federal Police have issued a media release in relation to arrests as part of Operation Persei. A more detailed report was published by The Sydney Morning Herald.

Red Nose Statement on Safe Sleep Practices in Childcare Settings

In response to the pending coronial enquiry into the death of a child two years ago at a Sydney childcare service (see previous post), Red Nose issued a media release.

Inadequate Supervision: Chief Executive Officer, Department of Communities and K G Coleman Pty Ltd t/as 4 Big Kids

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 (KG Coleman 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 contravention related to the 4 Big Kids service at North Mandurah Primary School. The facts of the case are set out in the statement of relevant facts (Annexure A to case summary). In summary, a 6 year old child was left at the service alone and unsupervised when two educators left the service to take the rest of the children to various schools. The school cleaner and school teacher found the autistic child in a distressed state and unable to leave the room.

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.

Sixteen Children Allegedly Sexually Abused at NSW Mid-North Coast Childcare Centre

ABC News Online carried a report on this matter. The AFP also issued a media release in relation to the Operation Arkstone police investigation.

Appeal to Federal Court: Al-Huda Pty Limited v Secretary, Department of Education, Skills and Employment

In a previous post I reported on the decision of the AAT to support cancellation of the provider's CCB approval by the Department. The provider appealed to the Federal Court. In this case the provider was successful and the Court ordered that the appeal be allowed, the Tribunal’s decision be set aside and the matter remitted to the Tribunal to be heard and determined in accordance with law. In effect the Court decided that the AAT did not make its decision in accordance with the family assistance law.

Two Sentenced Over Family Day Care Payments Fraud

The Australian Federal Police have published a media release in relation to this matter.

Perth Childcare Worker Assault Charges

Further to yesterday's post, ABC News online published a report on the former childcare worker's appearance in court.

WA Child Care Worker Assault Charges

Western Australia Police issued a media release in regard to these charges dating back to 2018.

Opinion Piece on Flaws of Childcare System

 An opinion piece was recently published in the The Sydney Morning Herald.