CEO OF DEPARTMENT OF COMMUNITIES and YCC (WA) PTY LTD [2018] VR 197

STATE ADMINISTRATIVE TRIBUNAL
[2018] VR 197
28/11/2018
Education and Care Services National Law (WA) Act 2012 - Section 188B(2)
VR 197/2018
27/11/2018
MS R PETRUCCI, MEMBER
27/11/2018
Perth
CEO OF DEPARTMENT OF COMMUNITIES
YCC (WA) PTY LTD

 

On the application of the parties to settle the proceedings determined by Member Rosetta 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 ("YCC") under section 188B of the Schedule to the Education and Care Services National Law (WA) Act 2012 ("the National Law"). The Department is the Regulatory Authority under the National Law.

 

At the mediation conducted on 13 November 2018, 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 YCC.

 

Agreed Orders:

 

To give effect to the agreed terms of settlement, it is on 27 November 2018 ordered that:

 

1.     On 27 July 2018 YCC 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.     On or after 5 January 2018 YCC contravened section 173(1)(b) of the National Law by failing to notify the Regulatory Authority in writing and within the prescribed time of the removal of a person with management and control of an education and care service operated by YCC.

 

3.     YCC must pay to the Department a penalty of $10,000, being:

 

(a)     $9,000 for the breach of section 165(1) of the National Law; and

 

(b)     $1,000 for the breach of section 173(1)(b) of the National Law.

 

4.     YCC must pay to the Department a contribution toward the Department's legal costs of these proceedings assessed in the amount of $2,000.

 

5.     YCC must comply with Orders 3 [penalties] and 4 [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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