DEPARTMENT OF COMMUNITIES and SOUTH COAST BAPTIST COLLEGE INCORPORATED [2018] VR 237

STATE ADMINISTRATIVE TRIBUNAL
[2018] VR 237
05/04/2019
Education and Care Services National Law (WA) Act 2012 - Section 188B(2)
VR 237/2018
19 MARCH 2019
MR M SPILLANE, SENIOR MEMBER
19/03/2019
Perth
DEPARTMENT OF COMMUNITIES
SOUTH COAST BAPTIST COLLEGE INCORPORATED

 

Amended on 1 April 2019 pursuant to s 83 (1)(a) of the State Administrative Tribunal Act 2004 (WA) 

 

On the application of the parties to settle the proceedings pursuant to s 56(1) of the State Administrative Tribunal Act 2004:

 

The Tribunal notes:

 

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

 

At the mediation/hearing conducted on 20 February 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 SCBC Inc.

 

The Tribunal Orders:

 

Being satisfied by reason of the Respondent's admissions that proper cause exists for disciplinary action against the Respondent, and in order to give effect to the agreed terms of settlement of the proceeding, on 19 March 2019 it is ordered, pursuant to s56(1) of the State Administrative Tribunal Act 2004 (WA) that:

 

1.     On 23 August 2018 SCBC Inc. 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.     SCBC Inc. must pay to the Department a penalty of $8,500, being:

 

     $8,000 for the breach of section 165(1) of the National Law; and

 

     $500 for the breach of regulation 104(1) of the national regulations.

 

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

 

4.     SCBC Inc. 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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