Service fined $13,000 for an offence relating to inadequate supervision

A Western Australian approved provider has been ordered to pay a penalty of $11,000 plus $2,000 towards legal costs by the State Administrative Tribunal (SAT) for contravention of section 165(1) of the Education and Care Service National Law (WA) Act 2012, for an offence relating to the inadequate supervision of a child.

The Department of Communities, which serves as WA’s Regulatory Authority, conducted an investigation in relation to the September 2023 incident, which saw a five-year-old child climb over an internal gate at a long day care service and exit the premises through an exterior gate that had been left open by visitors to the service. 

At the time, the child was attending the service for vacation care and was playing in an outdoor area. Educators were alerted to his absence when they noticed his vacation vest, which had been left on the ground by the child prior to climbing the internal gate. 

The child was unaccounted for for up to five minutes and was located in a park across the road from the service by another educator who happened to be returning from lunch. 

“The consequences of inadequate supervision of children can be serious,” said Phil Payne, Executive Director, Regulation and Quality, Department of Communities. 

“Incidents involving inadequate supervision continue to be a concern and focus of the Department’s Education and Care Regulatory Unit.”

“This outcome should serve as a warning to Education and Care providers to take action to prevent incidents like this from occurring.”