CHIEF EXECUTIVE OFFICER, DEPARTMENT OF COMMUNITIES and SOO JEOM CHO (FAMILY DAY CARE EDUCATOR) [2019] VR 76

STATE ADMINISTRATIVE TRIBUNAL
[2019] VR 76
04/07/2019
Education and Care Services National Law (WA) Act 2012 - s 188AB(2) Application
VR 76/2019
3 JULY 2019
MS R PETRUCCI, MEMBER
03/07/2019
Perth
CHIEF EXECUTIVE OFFICER, DEPARTMENT OF COMMUNITIES
SOO JEOM CHO (FAMILY DAY CARE EDUCATOR)

 

The Tribunal notes:

 

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

 

At the mediation conducted on 1 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 Ms Cho.

 

Agreed Orders:

 

To give effect to the agreed terms of settlement, it is on 3 July 2019 ordered that:

 

1.     On 15 March 2019 Ms Cho contravened section 165(3) of the National Law by failing to ensure that any child receiving education and care by her as a family day care educator as part of a family day care service was adequately supervised.

 

2.     On and after 15 March 2019 Ms. Cho contravened section 174A of the National Law by failing to notify the approved provider of the service of a serious incident as defined by the National Law.

 

3.     Ms Cho must pay to the Department a penalty of $2,000.00, being:

 

     $1,500 for the breach of section 165(3) of the National Law, and

 

     $500 for the breach of section 174A of the National Law.

 

4.     Ms Cho must pay to the Department a contribution toward the Department's legal costs of these proceedings assessed in the amount of $1000.

 

5.     Ms Cho 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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