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.
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.
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.
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.
