CHIEF EXECUTIVE OFFICER, DEPARTMENT OF COMMUNITIES and ES5 PTY LTD T/AS BUGGLES EARLY LEARNING AND KINDY - BALDIVIS [2019] VR 126

STATE ADMINISTRATIVE TRIBUNAL
[2019] VR 126
13/11/2019
Education and Care Services National Law (WA) Act 2012 - s 188AB(2) Application
VR 126/2019
12 NOVEMBER 2019
MS N OWEN-CONWAY, MEMBER
12/11/2019
Perth
CHIEF EXECUTIVE OFFICER, DEPARTMENT OF COMMUNITIES
ES5 PTY LTD T/AS BUGGLES EARLY LEARNING AND KINDY - BALDIVIS

 

On the application of the parties to settle the proceedings determined by Member N. Owen-Conway, pursuant to s56(1) of the State Administrative Tribunal Act 2011 (WA):

 

The Tribunal notes:

 

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

 

At the mediation conducted on 21 October 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 Buggles Baldivis.

 

By consent The Tribunal orders :

 

1.     The mediation listed on 13 November 2019 is vacated.

 

To give effect to the agreed terms of settlement, it is on 12 November 2019 ordered that:

 

2.     On 23 May 2019 and 24 May 2019 Buggles Baldivis 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.

 

3.     Buggles Baldivis must pay to the Department a penalty of $12,000 for the breach of section 165(1) of the National Law.

 

4.     Buggles Baldivis must comply with Order 2 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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