Department of Communities brings approved provider to court for false advertising

An aspiring early learning provider (as an entity) and the person with management and control of the approved provider have both been found guilty in a Perth Magistrates Court of contravening education and care legislation.

The Department of Communities, which acts as the Regulatory Authority for Western Australia, found that the approved provider had published a billboard advertisement for a proposed education and care service that did not have service approval.

Through further investigation the Department found that the person with management or control of a body corporate, in this instance the proposed service, had failed to exercise due diligence in preventing the provider from publishing the advertisement.

“The community places a large degree of trust in providers and expects the services they are using meet the rigorous standards set out in law,” Angelo Barbaro, Acting Executive Director, Regulation and Quality, Department of Communities said.

“Advertising a service that does not have the required approval is an offence under the National Law.”

Both the provider and the individual pleaded guilty in the Magistrates Court to contravening sections 104 and 286 respectively of the Education and Care Services National Law (WA) Act 2012 (National Law).

The matters have been adjourned until 11 October 2024 for sentencing.