CHIEF EXECUTIVE OFFICER, DEPARTMENT OF COMMUNITIES and WORLD OF KIDS PTY LTD [2019] VR 75

STATE ADMINISTRATIVE TRIBUNAL
[2019] VR 75
30/07/2019
Education and Care Services National Law (WA) Act 2012 - s 188AB(2) Application
VR 75/2019
26 JULY 2019
MS H LESLIE, MEMBER
26/07/2019
Perth
CHIEF EXECUTIVE OFFICER, DEPARTMENT OF COMMUNITIES
WORLD OF KIDS PTY LTD

 

On the application of the parties to settle the proceedings determined by Member H. Leslie:

 

The Tribunal notes:

 

The Applicant, CEO of the Department of Communities (Department), alleged that there is proper cause for disciplinary action against the Respondent (Fun-A-Rama Halls Head) under section 188AB of the Schedule to the Education and Care Services National Law (WA) Act 2012 (National Law).

 

At the mediation conducted on 5 July 2019, the parties agreed the terms upon which the proceedings could be settled.

 

The facts agreed by the parties are contained in Annexure A.

 

The Tribunal is satisfied that proper cause exists for disciplinary action against Fun-A-Rama Halls Head

 

Agreed Orders

 

To give effect to the agreed terms of settlement, it is on 26 July 2019 ordered that:

 

1.     On 11 February 2019 Fun-A-Rama Halls Head contravened section 167(1) of the National Law by failing to ensure that every reasonable precaution was taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.

 

2.     Fun-A-Rama Halls Head must pay to the Department a penalty of $13,000.

 

3.     Fun-A-Rama Halls Head must pay to the Department a contribution toward the Department's legal costs of these proceedings assessed in the amount of $2000.

 

4.     Fun-A-Rama Halls Head must comply with Orders 2 and 3 within 30 days of being issued an invoice for payment following the making of these orders, or within such other time as agreed in writing between the parties within the 30-day period.

Back to List