Another bus incident in WA results in multiple fines for LDC provider

A long day care (LDC) service in Western Australia has been given multiple fines in relation to an October 2022 incident in which a five year old child was left on a bus outside the service for more than half an hour. 

 

The child was found by another parent when they attended the service to collect their child, having been left alone and unsupervised on the bus for 31 minutes.

 

In response to the incident the provider was ordered to pay $15,000.00 by the State Administrative Tribunal for contravening Section 165(1) of the Education and Care Service National Law (WA) Act 2012, for an offense relating to the inadequate supervision of a child.

 

An additional $7,500.00 was applied for contravening Section 167(1) of the Education and Care Service National Law (WA) Act 2012 for an offense relating to the protection of children from harm and hazards.

 

Through the course of the investigation it was found that the service did not meet minimum staffing requirements on the day in question, and that the provider had failed to notify the Regulatory Authority that a serious incident had occurred. 

 

As a result, the approved provider was given an additional $2,500.00 penalty for contravening Section 169(2) of the Education and Care Service National Law (WA) Act 2012 for failing to meet the minimum requirements of the number of qualified staff working directly with children, along with a further penalty of $4,000.00 for their failure to notify the Regulatory Authority that a serious incident had occurred at the service, within the required timeframe, a contravention of Section 174(2)(a) of the Education and Care Service National Law (WA) Act 2012.

 

“Inadequate supervision continues to be a major concern within the education and care sector, despite numerous media releases and notifications sent directly to approved providers and services by the Department,” Phil Payne, Executive Director, Regulation and Quality, Department of Communities.

 

Mr Payne acknowledged that the October 2022 incident took place prior to the introduction of new transport regulations on 1 March 2023. 

 

These changes, he said, aim to reduce the risk of children being accidentally left inside vehicles and have been implemented to assist service providers in ensuring that all their staff are aware of and follow their policies and procedures when it comes to supervising children and ensuring they are adequately supervised during school collections and excursions.

 

Learn more about the regulatory changes here.