CHIEF EXECUTIVE OFFICER, DEPARTMENT OF COMMUNITIES and CJAY HOLDINGS PTY LTD T/AS CARE FOR KIDS OSHC NORTH WOODVALE [2019] CC 1875

STATE ADMINISTRATIVE TRIBUNAL
[2019] CC 1875
11/02/2020
Education and Care Services National Law (WA) Act 2012 - s 188AB(2) Application
CC 1875/2019
10 FEBRUARY 2020
MS C BARTON, MEMBER
10/02/2020
Perth
CHIEF EXECUTIVE OFFICER, DEPARTMENT OF COMMUNITIES
CJAY HOLDINGS PTY LTD T/AS CARE FOR KIDS OSHC NORTH WOODVALE

 

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

 

The Tribunal notes:

 

     The CEO of the Department of Communities ("Department") alleged that there is proper cause for disciplinary action against the Respondent ("CJAY Holdings") under section 188A(2) of the Education and Care Services National Law (WA) Act 2012 ("National Law").

 

     At the mediation/hearing conducted on 10 February 2020, 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 CJAY Holdings.

 

Agreed Orders:

 

     To give effect to the agreed terms of settlement, it is on 10 February 2020 ordered that:

 

1.     On 27 June 2019 CJAY Holdings contravened section 165(1) of the National Law by failing to ensure that all children being educated and cared for by the service were adequately supervised at all times the children were in the care of the service.

 

2.     CJAY Holdings must pay to the Department a penalty of $10,000, being for the breach of section 165(1) of the National Law.

 

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

 

4.     CJAY Holdings 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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