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Compliance Bulletin
Recent decisions from
the State Administrative Tribunal (SAT)
March 2025
Over recent months the State Administrative Tribunal (SAT) have issued decisions about several matters investigated by Department of Communities, Education and Care Regulatory Unit (ECRU). The matters relate to issues of inadequate supervision, excursion risks and child movements within school grounds; failing to comply with the requirements of the law and regulations in relation to prescribed documents, failing to comply with a compliance notice and operating a service without approval.
All outcomes of the enforcement actions undertaken by ECRU are listed on the eCourts Portal under 'recent SAT decisions'.
Inadequate Supervision
Approved providers and approved services are reminded to review supervision and safety training and consider providing additional training for staff. Remember, specific steps must be implemented to ensure children who require additional supervision receive the support that they need.
The recent launch of the ECRU Active Supervision video and factsheet is designed to remind education and care services to Think it Though to reduce risk of harm to children.
Excursion Risks
A thorough review of excursion venue 'risk assessment' procedures should be undertaken for every excursion, and consideration should be given to assigning a 'high-risk' classification to public venues such as the Museum, AQWA or SciTech so that supervision and staff practices are adjusted to meet the high risk. On the day of the excursion, review the risk assessment again, identify any new risks and adjust activities and supervision as required.
- Consider inclusion of photographs and maps in initial risk assessments.
- Consider group sizes.
- Include only educators who are familiar with the children.
- Conduct regular headcounts.
- Support new staff attending excursions.
- Remind educators about excursion processes.
Child Movements Within School Grounds
Most schools span large areas and providers are encouraged to implement robust procedures regarding monitoring the children’s movements within school grounds. If a child is expected to attend but does not report to the service, ensure checks are made with parents or guardians, and educators should not rely on reports from other children, siblings or the school community. Approved providers need to ensure that educators consider programmed activities on the day, and adjust these according to staffing, the needs of the group and any other potential matter that could impact supervision practices. Providers are encouraged to implement oversight procedures, that ensure educators are aware of and follow supervision policies and practices for the service.
Recent matters
The Education and Care Regulatory Unit (ECRU) are responsible for the administration of the National Quality Framework, including monitoring and enforcing compliance with the Education and Care Services National Law (WA) Act 2012 (National Law) and Education and Care Services National Regulations 2012 (National Regulations).
The approved provider, Camp Australia Pty Ltd, which operates 82 out of school hours care (OSHC) services in Western Australia, breached the National Law at five of its services between 24 August 2023 and 10 January 2024. Camp Australia Pty Ltd was ordered to pay $220,000 for the breaches detailed below and was also ordered to pay $10,000 towards the Department of Communities’ legal costs.
Provider: Camp Australia Pty Ltd
Service: Coolbinia Primary School OSHC
Incident: On 10 January 2024, a nine-year-old child was inadequately supervised during an excursion to Scitech. The child became separated from the group and was
unsupervised for approximately five minutes. The child was returned to the group a short while later.
Penalty:
- Contravention of section 165(1) $22,000.
- Contribution towards the Department's costs $2,000.
- SAT order [2024] CC 456.
Provider: Camp Australia Pty Ltd
Service: Bannister Creek Primary School OSHC
Incident: On 4 January 2024, a child was inadequately supervised during an excursion to Boola Bardip, Western Australia (WA) Museum. During the excursion, a six-year-old child became separated from the group and was unsupervised for approximately seven minutes during a transition between exhibits. The child was found by museum staff and later returned to the group.
Penalty:
- Contravention of section 165(1) $25,000.
- Contribution towards the Department's costs $2,000.
- SAT order [2024] CC 457.
Provider: Camp Australia Pty Ltd
Service: West Leederville Primary School OSHC
Incident: On 6 November 2023, two six-year-old children were inadequately supervised which resulted in them leaving the service for approximately five to 10 minutes. During a transition to the toilet, the children left the school grounds and were walking down the street. They were stopped by a teacher from the school who returned them to the service. The approved provider also failed to notify the Regulatory Authority of the incident within the prescribed time.
Penalty:
- Contravention of section 165(1) $25,000.
- Contribution towards the Department's costs $2,000.
- SAT Order [2024] CC 448.
Provider: Camp Australia Pty Ltd
Service: Makybe Rise Primary School OSHC
Incident: On 28 September 2023, two children aged six and five were inadequately supervised during an excursion to Amaze Miniature Park. The children were able to walk away through the venue car park and entered the car park of a neighbouring business. There were moving vehicles present in both car parks.
Penalty:
- Contravention of section 165(1) $35,000.
- Contravention of section 167(1) $40,000.
- Contribution towards the Department's costs $2,000.
- SAT order [2024] CC379.
Provider: Camp Australia Pty Ltd
Service: Cloverdale OSHC
Incident: On 24 August 2023, a five-year-old child with additional needs was found unsupervised, still on school grounds near to an open school gate, and approximately 100 metres away from the service.
On 11 October 2023, an unsupervised six-year-old child with additional needs was found by a school staff member, in a room on the school campus approximately 10 metres from the service. The child was unsupervised for approximately 10 minutes. The approved provider failed to notify the Regulatory Authority of the incident within the prescribed time of a serious incident at the service.
Penalty:
- Contravention of section 165(1) on 24 August 2023 $35,000
- Contravention of section 165(1) on 11 October 2023 $28,000
- Contravention of section 174(2)(a) $10,000
- Contribution towards the Department's costs $2,000.
- SAT order [2024] CC 380
Other recent decisions from the State Administrative Tribunal are detailed below where OSH Club Pty Ltd was ordered to pay $24,000 and approved provider Lynette Hill trading as Wyndham Child Care Centre was penalised $7,000 for contraventions of the National Law.
Provider: OSH Club Pty Ltd
Service: Woodlands OSH Club
Incident: In May 2024, a six-year-old child failed to arrive at after school care, despite being booked in. The child was left unsupervised for over two hours on the school site. The staff at Woodlands OSH Club did not follow the service's procedures when the child failed to arrive, and no subsequent checks were made.
Penalty:
- $24,000 for contravening section 165(1) of the National Law, an offence relating to the inadequate supervision of a child.
- SAT order
Provider: Lynette Hill
Service: Wyndham Child Care Centre
Incident:
Section 103: operating an education and care service without approval between February and August 2022.
Section 217: the approved provider failed to provide documentation within a specified period of time relating to attendance, staffing, and activities relating to services provided to children.
Section 175: Failing to keep prescribed documents available for inspection.
Section 177(3): Failing to comply with a compliance notice.
Penalty:
- $3,000 for the contravention of section 217 of the National Law
- $2,000 for the contravention of section 177(3) of the National Law
- $2,000 for the contravention of section 175 of the National Law.
- SAT order
Resources
There are many different resources that can be found at the ECRU webpage and on the ACECQA website.
- Supervision of children self-assessment tool – ECRU resource (under forms and templates)
- Adequate Supervision: a fundamental practice – ECRU resource
- Active Supervision in 6 steps – ACECQA resource
- QA2 - Active Supervision Ensuring Safety and Promoting Learning – ACECQA resource
