CEO OF DEPARTMENT OF COMMUNITIES and JOHNSON [2018] VR 222

STATE ADMINISTRATIVE TRIBUNAL
[2018] VR 222
21/12/2018
Education and Care Services National Law (WA) Act 2012 - Section 188B(2)
VR 222/2018
21 DECEMBER 2018
MS H LESLIE, MEMBER
21/12/2018
Perth
CEO OF DEPARTMENT OF COMMUNITIES
BARBARA JOHNSON

 

The Tribunal notes:

 

The CEO of the Department of Communities ("the Department") alleged that there is proper cause for disciplinary action against the Respondent (Ms. Johnston) 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 19 December 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 Ms. Johnston.

 

Agreed Orders:

 

1.     To give effect to the agreed terms of settlement, it is on 21 December 2018 ordered that:

 

2.     On 28 September 2018 Ms. Johnston contravened section 165(1) of the National Law by failing to ensure that all children being educated and cared for by her service were adequately supervised at all times the children were in the care of the service.

 

3.     Ms. Johnston must pay to the Department a penalty of $2,000 for the breach of section 165(1) of the National Law.

 

4.     Ms. Johnston must pay to the Department a contribution toward the Department's legal costs of these proceedings agreed in the amount of $1,000.

 

5.     Ms. Johnston 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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