South Australia updates enforcement action table, highlights range of compliance issues

The South Australian regulatory authority, the Education and Standards Board (ESB) has issued a July update to their enforcement action table, highlighting that issues of failure to protect children from harm and hazard, as well as a number of issues around Quality Area Seven remain in play for the state. 

Outside school hours care (OSHC) services represented the greater number of compliance actions taken by the regulator in 2020 thus far, with three OSHC services appearing in the register. 

Two of the OSHC services were located within independent schools. The first service was issued with a compliance notice in relation to inadequate supervision of children pursuant to section 165 and  protection of children from harm and hazards pursuant to section 167 of the National Law and Regulations, but has since provided evidence that they have complied with the provisions relating to the compliance notice. 

The second service was given a compliance notice in relation to failing to comply with regulations concerning the protection of children from harm and hazards pursuant to section 167 of the National Law and Regulations, and with regulations relating to policies and procedures to be followed pursuant to regulation 170.

The remaining OSHC service, located within a Government school, was cited for issues relating to the Nominated Supervisor, including failure to notify the Regulatory Authority that a Nominated Supervisor is no longer employed at the service, failure to notify the Regulatory Authority the details of the current Nominated Supervisor, and failure to notify the Regulatory Authority of person or persons with management and control, pursuant to section 173 of the National Law and Regulations.

Two early childhood service providers attracted the attention of the Regulatory Authority in the period to July 2020. The first provider was issued with an enforceable undertaking in relation to three of its services, pursuant to section 179A of the Education and Care Services National Law (South Australia) in relation to failing to comply with provisions of the National Law and Regulations, specifically by providing an education and care service without service approval pursuant to section 103. 

The second provider was issued with a compliance notice, pursuant to section 177 of the Education and Care Services National Law (South Australia), in relation to failing to comply with provisions of the National Law and Regulations. 

The matters giving rise to the compliance notice being issued included:  

• Protection of children from harm and hazards pursuant to section 167  
• Required programs pursuant to section 168  
• Staffing arrangements pursuant to section 169  
• Unauthorised persons on education and care service premises pursuant to section 170 
• Requirement to keep enrolment and other documents pursuant to section 175 of the National Law  
• Quality improvement plans pursuant to regulation 55  
• Knowledge of child protection law pursuant to regulation 84  
• Emergency and evacuation procedures pursuant to regulation 97  
• Premises, furniture and equipment to be safe, clean and in good repair pursuant to regulation 103  
• Laundry and hygiene facilities pursuant to regulation 106  
• Requirement for early childhood teacher- centre based services fewer than 25 children pursuant to regulation 131  
• First aid qualifications pursuant to regulation 136. 

Further information about the functions of the ESB, as well as full details of the actions and enforcement measures taken by the regulator may be accessed on the ESB website, here.