CHIEF EXECUTIVE OFFICER DEPARTMENT OF COMMUNITIES and TAGSFOE PTY LTD T/AS CHILD CAMPUS KARRATHA [2019] VR 106

STATE ADMINISTRATIVE TRIBUNAL
[2019] VR 106
19/12/2019
Education and Care Services National Law (WA) Act 2012 - s 188AB(2) Application
VR 106/2019
19 DECEMBER 2019
MS R PETRUCCI, MEMBER
19/12/2019
Perth
CHIEF EXECUTIVE OFFICER DEPARTMENT OF COMMUNITIES
TAGSFOE PTY LTD T/AS CHILD CAMPUS KARRATHA

 

On the application of the parties to settle the proceedings determined by Member R. 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 (Tagsfoe) 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 18 November 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 Tagsfoe.

 

Agreed Orders:

 

To give effect to the agreed terms of settlement, it is on 19 December 2019 ordered that:

 

1.     On 16 April 2019 Tagsfoe 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 the service.

 

2.     On and after 17 April 2019 the Respondent contravened section 174(2)(a) of the National Law by failing to notify the Applicant in writing of a serious incident at the Service within the prescribed time.

 

3.     Tagsfoe must pay to the Department a penalty of $14,500, being:

 

(a)     $13,500 for the breach of section 165(1) of the National Law; and

 

(b)     $1,000 for the breach of section 174(2)(a) of the National Law.

 

4.     Tagsfoe must pay to the Department a contribution toward the Department's legal costs of these proceedings assessed in the amount of $500.

 

5.     Tagsfoe must comply with Orders 3 [penalties] and 4 [costs] within 90 days of being issued with an invoice for payment following the making of these orders.

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