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.