Tribunal confirms disciplinary action after supervision and safety failures at WA service

A Western Australian tribunal has confirmed disciplinary action against an approved provider after an incident involving a child injury exposed failures in supervision, hazard management and policy implementation.

The State Administrative Tribunal of Western Australia has determined that there was proper cause for disciplinary action against Jaliz Enterprises Pty Ltd, trading as Djinda Dreaming Education, following breaches of the Education and Care Services National Law (WA) Act 2012 and associated regulations.

The matter, brought by the CEO of the Department of Communities, was resolved through mediation, with orders issued on 2 April 2026.

The contraventions relate to an incident on 2 December 2024 involving a child aged five.

The child sustained a neck injury after coming into contact with a skipping rope tied across the top of a slide in the outdoor play area. The incident was not witnessed by educators.

At the time, multiple educators were present at the service; however, no staff member observed the hazard or the child using the equipment. The rope remained in place despite being noticed prior to the incident, with responsibility for its removal unclear between educators.

The Tribunal found that the presence of the rope constituted a clear hazard and that reasonable precautions were not taken to remove it before harm occurred.

Following the incident, educators identified a red mark on the child’s neck and provided basic first aid.

An incident report was initiated; however, the child’s family was not notified by the service. The child’s aunt later contacted the service after observing the injury.

The Tribunal confirmed three breaches:

• failure to ensure adequate supervision at all times (section 165)
• failure to take every reasonable precaution to protect children from harm (section 167)
• failure to ensure staff followed required policies and procedures (regulation 170)

The findings highlight both immediate failures in supervision and broader gaps in systems, including unclear responsibilities, insufficient hazard response procedures and inconsistent policy implementation.

The provider was ordered to pay a total penalty of $46,100, comprising:

• $25,000 for the supervision breach
• $20,000 for the safety breach
• $1,100 for the policy compliance breach

An additional $2,000 contribution towards legal costs was also ordered.

The agreed facts point to a number of governance and operational gaps at the service, including:

• inadequate supervision of outdoor environments
• failure to act promptly on identified hazards
• reliance on assumptions between educators regarding responsibility
• limited oversight of trainees undertaking safety checks
• gaps in staff understanding of incident response and reporting requirements

The Tribunal also noted shortcomings in training, auditing and the implementation of policies and procedures.

The provider has implemented a range of corrective actions, including:

• reviewing and updating supervision policies and procedures
• introducing regular audits and spot checks of staff understanding
• strengthening training in supervision, risk awareness and safety checks
• requiring qualified educators to oversee safety checklists
• enhancing compliance monitoring processes
• removing skipping ropes from services

A new centre manager has also been appointed, with a focus on strengthening safety culture and operational oversight.

The decision reinforces that supervision and risk management are core obligations under the National Law.

It also highlights that hazards do not need to result in serious injury to constitute a breach. A failure to act on a known risk may be sufficient.

The case demonstrates the importance of clear accountability, effective communication between educators and consistent implementation of policies in practice.

For approved providers and centre managers, the findings point to the need for:

• clearly defined roles and responsibilities
• active supervision strategies in all environments
• robust hazard identification and response processes
• ongoing training and verification of staff capability

The outcome reflects continued regulatory focus on how policies translate into day-to-day practice, particularly where gaps in systems may place children at risk.

Read the full disciplinary action on the eCourts Portal of Western Australia website.