CEO OF DEPARTMENT OF COMMUNITIES and NARULA HOLDINGS PTY LTD [2019] VR 14

STATE ADMINISTRATIVE TRIBUNAL
[2019] VR 14
10/04/2019
Education and Care Services National Law (WA) Act 2012 - s 188AB(2) Application
VR 14/2019
10 APRIL 2019
MS R PETRUCCI, MEMBER
10/04/2019
Perth
CEO OF DEPARTMENT OF COMMUNITIES
NARULA HOLDINGS PTY LTD

 

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 (Narula) 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 April 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 Narula.

 

Agreed Orders:

 

To give effect to the agreed terms of settlement, it is on 10 April 2019 ordered that:

 

1.     On 28 August 2018, 5 September 2018 and 6 September 2018 Narula contravened section 51(8) of the National Law by failing to comply with a condition of a service approval held by the Respondent in respect of its service.

 

2.     After 5 October 2018 Narula contravened section 297(1) of the National Law by taking serious detrimental action against an educator in reprisal for a protected disclosure.

 

3.     Narula must pay to the Department a penalty of $16,100, being:

 

     $8,100 for the 3 breaches of section 51(8) of the National Law,

 

     $8,000 for the breach of section 297(1) of the National Law. 

 

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

 

5.     Narula 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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