Sector Update 

The Learning

Providers cannot advertise proposed education and care services prior to having service approval, unless an application for service approval is pending. The community places a large degree of trust in providers and expects that the information they advertise meets the requirements set out in the Education and Care Services National Law (WA) Act 2012 (National Law). 

Persons with Management or Control of approved providers will be held liable if they fail to exercise due diligence to prevent offences being committed under the National Law.

The Incident

A Department of Communities investigation found that on 25 February 2022, contrary to section 104(1) of the National Law, Early Learning Australia Pty Ltd (Early Learning) knowingly caused a billboard advertisement to be published for an education and care service which did not have service approval.  

The investigation also found that Ms. Michelle Pisani, being a person with management or control of the body corporate Early Learning, failed to exercise due diligence to prevent Early Learning from committing the offence, contrary to section 285(1) of the National Law.  

The Outcome

Both Early Learning and Ms. Pisani have pleaded guilty to their respective charges in the Magistrates Court.

The matters have been adjourned until 11 October 2024 for sentencing.