CEO OF DEPARTMENT OF COMMUNITIES and QUINNS BAPTIST COMMUNITY CARE INC. [2019] VR 42

STATE ADMINISTRATIVE TRIBUNAL
[2019] VR 42
20/05/2019
Education and Care Services National Law (WA) Act 2012 - s 188AB(2) Application
VR 42/2019
20 MAY 2019
MS R PETRUCCI, MEMBER
20/05/2019
Perth
CEO OF DEPARTMENT OF COMMUNITIES
QUINNS BAPTIST COMMUNITY CARE INC.

 

On the application of the parties to settle the proceedings determined by Member Petrucci:

 

The Tribunal notes:

 

The CEO of the Department of Communities ("the Department") alleged that there is proper cause for disciplinary action against the Respondent (Quinns BCC) under section 188AB of the Schedule to the Education and Care Services National Law (WA) Act 2012 ("the National Law").

 

At the mediation conducted on 2 May 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 Quinns BCC.

 

Agreed Orders:

 

To give effect to the agreed terms of settlement, it is on 20 May 2019 ordered that:

 

1.     On 17 January 2019 Quinns BCC contravened section 165(1) of the National Law by failing to ensure that all children being educated and cared for by its Service were adequately supervised at all times the children were in the care of its Service.

 

2.     Quinns BCC must pay to the Department a penalty of $9,000 for the breach of section 165(1) of the National Law.

 

3.     Quinns BCC must pay to the Department a contribution toward the Department's legal costs of these proceedings assessed in the amount of $1,000.

 

4.     Quinns BCC must comply with Orders 2 [penalties] and 3 [costs] within 30 days of being issued with 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.

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