❓ Details the number of breaches of regulations by childcare operators in WA from 2017-2020, the number of prosecutions, and the outcomes of those prosecutions, including penalties and fines.
AnsweredQoN 3283Legislative Council
QuestionView source ↗
(1) How many breaches of regulations by child care operators, by licensed category, occurred in the following periods: (a) 1 July 2017 to 30 June 2018; (b) 1 July 2018 to 30 June 2019 ; and (c) 1 July 2019 to 30 June 2020? (2) How many of breaches listed in (1)(a), (b) and (c) have proceeded to prosecution? (3) What have been the outcomes of those prosecutions?
AnswerView source ↗
Answered
5 November 2020
Responded by
Leader of the House representing the Minister for Community Services
Response time
9 days
1. Under Western Australian law, the majority of Preschool/Kindergarten services are regulated by the Department of Education. The Department of Communities can only report on those Preschool/Kindergarten services that fall within the jurisdiction of the Education and Care Regulatory Unit.
(a)
Long Day Care
Outside School Hours Care
Preschool / Kindergarten
Family Day Care
Other
781
335
20
126
0
(b)
Long Day Care
Outside School Hours Care
Preschool / Kindergarten
Family Day Care
Other
765
331
18
97
0
(c)
Long Day Care
Outside School Hours Care
Preschool / Kindergarten
Family Day Care
Other
497
202
7
65
1
2. The Department of Communities uses both the Magistrates Court (for prosecutions) and the State Administrative Tribunal (for civil disciplinary proceedings).
In 2017-18, 15 matters progressed to the State Administrative Tribunal, and three progressed to the Magistrates Court.
In 2018-19, 14 matters progressed to the State Administrative Tribunal, and two to the Magistrates Court.
In 2019-20, 10 matters progressed to the State Administrative Tribunal, and one to the Magistrates Court.
It should be noted that prosecutions and civil disciplinary proceedings may address multiple breaches.
3. In all of the matters that resulted in prosecutions and civil disciplinary proceedings, all non-compliances were rectified and resulted in a monetary penalty or fine.
The outcomes of the prosecutions in terms of total penalties/fines and Court costs is:
Total Penalties/Fines and Court Costs
2017-18
$323,965.65
2018-19
$375,984.30
2019-20
$158,756.20
(a)
Long Day Care
Outside School Hours Care
Preschool / Kindergarten
Family Day Care
Other
781
335
20
126
0
(b)
Long Day Care
Outside School Hours Care
Preschool / Kindergarten
Family Day Care
Other
765
331
18
97
0
(c)
Long Day Care
Outside School Hours Care
Preschool / Kindergarten
Family Day Care
Other
497
202
7
65
1
2. The Department of Communities uses both the Magistrates Court (for prosecutions) and the State Administrative Tribunal (for civil disciplinary proceedings).
In 2017-18, 15 matters progressed to the State Administrative Tribunal, and three progressed to the Magistrates Court.
In 2018-19, 14 matters progressed to the State Administrative Tribunal, and two to the Magistrates Court.
In 2019-20, 10 matters progressed to the State Administrative Tribunal, and one to the Magistrates Court.
It should be noted that prosecutions and civil disciplinary proceedings may address multiple breaches.
3. In all of the matters that resulted in prosecutions and civil disciplinary proceedings, all non-compliances were rectified and resulted in a monetary penalty or fine.
The outcomes of the prosecutions in terms of total penalties/fines and Court costs is:
Total Penalties/Fines and Court Costs
2017-18
$323,965.65
2018-19
$375,984.30
2019-20
$158,756.20
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