CEO OF DEPARTMENT OF COMMUNITIES and CACHET HOLDINGS PTY LTD T/AS MULBERRY TREE CHILD CARE - NORTH PERTH [2018] VR 149

STATE ADMINISTRATIVE TRIBUNAL
[2018] VR 149
21/09/2018
Education and Care Services National Law (WA) Act 2012 - Section 188B(2)
VR 149/2018
20/09/2018
MS D QUINLAN, MEMBER
20/09/2018
Perth
CEO OF DEPARTMENT OF COMMUNITIES
CACHET HOLDINGS PTY LTD T/AS MULBERRY TREE CHILD CARE - NORTH PERTH

 

On the application of the parties to settle the proceedings determined by Member D. Quinlan:

 

The Tribunal notes:

 

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

 

At the mediation conducted on 17 September 2018, 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 Cachet Holdings.

 

Agreed Orders:

 

To give effect to the agreed terms of settlement, it is on 20 September 2018 ordered that:

 

1.     On 22 May 2018  Cachet 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.     On and before 22 May 2018 the Respondent contravened regulation 104(1) of the Education and Care Services National Regulations 2012 ("the National Regulations") by failing to ensure that the outdoor space used by children at the education and care premises was enclosed by a fence that was of a height and design that children preschool age or under could not go through, over or under it.

 

3.     Cachet Holdings must pay to the Department a penalty of $10500, being:

 

     $10,000 for the breach of section 165(1) of the National Law, and

 

     $500 for the breach of regulation 104(1) of the National Regulations.

 

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

 

5.     Cachet Holdings 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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