The Australian Childcare Regulation Blog Has Moved!

If you wish to continue to receive email notifications of new posts in the future you will need to resubscribe on the new site: https://mog416.wixsite.com/auschildcarereg. The email subscription form is at the bottom of the page. I have had to move the blog due to this site (on Blogger) ceasing to support email notifications in the near future. Apologies for the inconvenience!

Inadequate Supervision (Section 165): CEO of Department of Communities and Maragon Australia Pty Ltd

In another case heard by the Western Australian State Administrative Tribunal 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 (Maragon Australian 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 Busy Bees at Mirrabooka service. In this case a three-year-old child left the service’s premises, walked through a busy public carpark and then entered a pharmacy. Pharmacy staff alerted WA Police and also enquired with the service as to whether they were missing a child. It was only at this point that the service realised a child was missing. Further details can be found in the report of the case (including Annexure A). The tribunal imposed a fine of $14,000 plus legal costs of $1500.

Busy Bees at Mirrabooka

Busy Bees at Mirrabooka

Busy Bees at Mirrabooka

Busy Bees at MirraboThe 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 leaveA 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.

Childcare News Stories

Further to the previous blog post a number of news outlets have carried reports on the sanctions imposed in relation to Mulberry Tree OSHC, including The West Australian, 7News, and News.com.au.

9News carried a reported about a man charged with a sexual offence allegedly living at a former Melbourne Family Day Care home.

Inadequate Supervision (s.165) - CEO of Department of Communities Cachet Holdings Pty Ltd T/As Mulberry Trees OSHC - Leederville

Further to my previous blog post, the WA State Administrative Tribunal have imposed a sanction in this case. See their website for further information. In addition, the Department issued a media release.

Regulatory Resources

A number of resources have recently been published that may be of interest, particularly to childcare regulators:

• Theories of Regulation & Governance - a series of webinars by well known academics in the regulatory field available on YouTube.
• How to Regulate - a free e-publication available from the Regulatory Institute's website. The publication presents an inventory of regulatory techniques from over 40 jurisdictions and a basic universal method.
• Fundamentals of Regulatory Design - by Malcolm K. Sparrow. This book tackles five major design issues that affect all regulators and in particular addresses the issue of what it might mean to be a "risk-based regulator." The book is available for purchase through Amazon as an e-publication or in hard copy.
  

Audits Conducted to Improve Work Health and Safety in ACT Childcare Centres

Between 2 November 2020 and 31 March 2021, WorkSafe ACT visited 45 childcare centres, issuing 179 improvement notices and 2 prohibition notices for work health and safety breaches. More information can be found in their media release.

Prosecution & Enforcement News

ABC News Online carried a report on a former South Australian childcare worker who has been charged with further child abuse offences.

9News reported on enforcement action taken against West Australian childcare services. 

The Sector website carried a report on the prosecution of a NSW approved provider and nominated supervisor in which a two year old was left in a minibus for an extended period of time.

 

Queensland Approved Provider Prosecuted for Leaving Child on Bus

The Queensland Department of Education has recently published details of this prosecution on their website.

New Educator-to-Child Ratio Calculator for Centre-based Services

ACECQA have published on their website a ratio calculator for centre based services under the National Law.

Further Prosecutions by NSW Regulatory Authority

The NSW Regulatory Authority under the National Law (Department of Education) has recently published details of a further 12 prosecutions it undertook last year. The prosecutions relate to breaches of sections 165, 167 and 295 of the National Law and further details can be found on their website. The Sector website also published a summary.

Victorian Information Sharing Reforms

From 19 April 2021, authorised staff in education and care services will be able to share information with other professionals who work with children and families in relation to children’s well being and safety. The Sector website published an article on the changes.

Weston Creek Children's Centre Director Charged with 26 Additional Fraud Offences

ABC Online carried a report on the latest developments in this case.

Weston Creek Children's Centre Director Accused of Defrauding Business has Bail Refused

Further to yesterday's post, ABC Online has published further details on the matter.

Former Cairns Childcare Director Jailed for Six Years over Child's Death on Minibus

 Further to previous posts, ABC Online published the outcome of the case.

Canberra Woman Charged with 23 Counts of Child Care Fraud

Canberra Weekly reported on this story.

NQF Review - Consultation Regulation Impact Statement Released

The NQF Review has released a regulatory impact statement for consultation. Their website includes a number of videos explaining its provisions. In addition, information sessions are being held across the country from next month. Feedback is sort via written submission or online survey (which is yet to be uploaded). This public consultation phase will be carried out from 1 March to 30 April 2021. Input will inform the Decision Regulation Impact Statement. More details can be obtained from the NQF Review 2019 website.

Former Cairns Childcare Director Pleads Guilty to Manslaughter of Child Left on Bus

 ABC Online carried a report on the latest developments in this tragic case.

Tasmanian Childcare Service Worker Charged with Producing Child Exploitation Material

 ABC Online carried a report on this matter.

ACT Government Responds to High Rate of Serious Incidents in Childcare Services

In a recent blog post on this year's Report on Government Services, I mentioned that the ACT had the highest number, of all jurisdictions, of serious incidents reported per 100 services (for 2019-20). The RiotACT! website interviewed the ACT Education Minister on this issue who said "One of the things we have in the ACT within our early childhood sector is a really good culture of reporting, and that is important so we can address some of the issues that might arise in our early childhood education centres,”. I am not sure whether that means ACT services are over reporting or there is under reporting in other jurisdictions. 

Prosecutions by NSW Regulatory Authority

The NSW Regulatory Authority under the National Law has recently published details of prosecutions it has undertaken since late 2019. I am not sure why this information has not been published earlier but here is a summary:

Ru Duff (Mission Australia Family Day Care South West Sydney)

The educator was convicted for breach of s.165(3), National Law, when she left a 17 month old child asleep alone in the residence to collect another child from the local school. She was convicted at Liverpool Local Court and sentenced to a Conditional Release Order for a period of 6 months.

Emily Simoni  (Upper Hunter Family Day Care)

The educator was convicted for breach of s.165(3), National Law, when four children were left in the care of her partner, who was not a family day care educator assistant. Convicted at Musswellbrook Local Court and fined a total of $2,500.

Sonia Daoud (Bankstown Family Day Care)

In this matter, three children were left in the care of the educator's daughter, who was not a family day care educator assistant. The daughter went to the bathroom and, when she returned, she noticed that the child aged 22 months was missing and that the front door was open. The educator was prosecuted for breach of sections 165(3) and 167(3) and convicted at Bankstown Local Court and fined a total of $750.

Whatcanwedo.com Pty Ltd atf WCWD Discretionary Trust

In this case, a 7 year old child with a number of medical conditions left the service premises (Our Place Educational Centre) without the knowledge of staff. The child walked approximately one kilometre to a supermarket where staff at the store contacted the police. Police officers returned the child to the service. Prior to the police making contact with the service, the staff were unaware of the child’s absence. The approved provider was prosecuted for breach of sections 165(1), 167(1), and s.170(1) and convicted at Queanbeyan Local Court and fined a total of $9,300. In addition, the nominated supervisor, Stephen Whisker, was fined a total of $900.

G8 Education Limited

In this case a 5 year old was left unattended, asleep on a bus that took the child to the service (Headstart Early Learning Centre Norwest). The approved provider was prosecuted for breach of sections 165(1) and 170(1) and convicted at Parramatta Local Court and fined a total of $2,500.

Camp Australia Pty Ltd

Following a complaint, an examination of attendance records showed that in a period of three months the service (Camp Australia – Minchinbury Public School OSHC) had exceeded the maximum number of children for which it was approved to provide education and care (30). On those occasions, there were between 31 and 50 children in care at any one time. The approved provided was convicted for breaching section 51(8) at Mount Druitt Local Court and fined a total of $5,000.

Only About Children Pty Ltd

In this case a child 2 years and 4 months old left the service (Only About Children Rose Bay 1) without the knowledge of staff and was found by a member of the public. The approved provider was convicted at Burwood Local Court and fined a total of $14,000 for breach of section 165(1).

Guardian Corporate Early Learning Centres Pty Ltd

In this matter, an 18 month old child gained access to the staff room at the service (Guardian Early Learning – Arthur Street), unnoticed by staff. The child was located by a staff member who saw the child through a glass panel on the door to the staff room. The child was alone, and was holding a bottle of cleaning product, which she had spilt on herself. Te approved provider was convicted at Sydney Downing Centre Local Court and fined a total of $2,500 for breach of section 165(1). The nominated supervisor, Cathy Anderson, was also fined a total of $750.

Miranda McGrath (Active OOSH Cameron Park)

In this matter, the nominated supervisor was prosecuted for breach of section 167(2) where she allowed children to remove their hats and shirts while participating in activities. The educator applied sunscreen to the child, but observed her to have removed the sunscreen on a number of occasions. The child was sunburnt at the end of the day, and required medical treatment to address superficial burns. She was sentenced at Toronto Local Court and following a plea of guilty, the matter was dismissed without recording a conviction and without further penalty.

Helen Rateau (Kidstart Family Day Care)

The educator placed a six month old child in a bassinet to sleep. At about 12:50pm, the child was crying. Ms Rateau entered the room to check on the child and then left the room. The child stopped crying a short time later. Upon checking the child at about 1:20pm, the educator found the child face down in the bassinet and not breathing. She called an ambulance and commenced CPR, but the child was unable to be revived. It was allegeded that she failed to:

• adequately supervise the child in her care by failing to closely monitor the sleeping child; failing to check/inspect the sleeping child at regular intervals; and failing to ensure that the child was within sight to monitor the child’s breathing and skin colour (s.165(3)).
  
• ensure that she took every reasonable precaution to protect a child from harm and from hazard likely to cause injury in that the child was placed in an unsuitable bassinet instead of a cot; the bassinet contained a loose sheet and pillow; the child’s bib was not removed; and Ms Rateau failed to follow best practice guidelines in respect to sleeping children (s.167(3).
• implement adequate health and hygiene practices to minimise risks by not having changed the child’s nappy between 8:30am and 1:20pm (regulation 77(3)).
  

The educator was convicted at Waverley Local Court and fined a total of $7500. She was also placed on a Conditional Release Order for a period of 18 months.

Atlantis Air Pty Ltd atf J&L Burnett Family Trust

In this case two children at the service (Natural Elements Early Learning Centre - Potsville) were taken outside by educators, both children became sunburnt, with a nine month old requiring medical treatment for superficial sunburn. The approved provider was prosecuted for breach of section 167(1) and was convicted at Tweed Heads Local Court and fined a total of $2,800.