WA State Administrative Tribunal confirms disciplinary action against OSHC provider over multiple National Law breaches

The State Administrative Tribunal (SAT) has issued disciplinary orders against Kiddos OSHC WA Pty Ltd, trading as Kiddos OSHC and Vacation Care, after the approved provider admitted to multiple breaches of the Education and Care Services National Law (WA) and associated National Regulations.

The CEO of the Department of Communities alleged there was proper cause for disciplinary action under section 188AB(2) of the National Law.

Following mediation, the parties reached agreement on the facts and proposed orders, set out in Annexure A to the decision. The Tribunal accepted the agreed position and confirmed that proper cause for disciplinary action existed.

SAT found the provider contravened seven provisions of the National Law and National Regulations across two dates: 25 March 2025 and 1 April 2025. The breaches relate to supervision, safety, staffing, transport compliance and record-keeping obligations, specfically:

• Inadequate supervision — section 165(1)
  The provider failed to ensure all children were adequately supervised.
• Failure to protect children from harm — section 167(1)
  The provider did not take every reasonable precaution to protect children from harm or hazards likely to cause injury.
• Educator qualification non-compliance — section 169(2)
  Educators did not meet prescribed qualification requirements.
• Transport authorisation failure — regulation 102D(1)
  A child was transported without the required written authorisation.
• Disembarkation procedure failure — regulation 102F(2)
  Mandatory checks for children disembarking at the service premises were not completed.
• Staffing and responsible person attendance — regulation 136(1)
  Required responsible persons and qualified staff were not in attendance or immediately available in an emergency.
• Record-keeping failure — section 175(1)
  Prescribed documents were not available for inspection by an authorised officer.

SAT ordered total penalties of $25,000.

The provider must also pay $2,000 towards the Department’s legal costs.

The decision reinforces several key compliance expectations for outside school hours care (OSHC) and vacation care services in Western Australia:

• supervision and risk management remain critical, with breaches of sections 165 and 167 treated as serious failures of duty of care
• transport compliance continues to be a high-risk area, requiring consistent application of authorisations, headcounts and disembarkation checks
• qualification and staffing requirements remain mandatory, regardless of workforce pressures
• record-keeping obligations are enforceable, with failure to produce documents constituting a breach

The Kiddos OSHC decision highlights the importance of:

• robust supervision systems
• clear and consistently applied transport procedures
• accurate oversight of educator qualifications and staffing arrangements
• reliable record-keeping and audit readiness

For OSHC services, where transitions, transport and variable staffing patterns are common, these obligations require strong governance, active oversight and regular internal review.

The full decision is available via the SAT eCourts portal.