Approved provider of a Kinross vacation care service penalised for leaving child at restaurant

Media release
The State Administrative Tribunal (SAT) has sanctioned the approved provider of Atlantis After School- Kinross for leaving a five year old child behind at a restaurant while on an excursion during vacation care.
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media release

The approved provider, YCC (WA) Pty Ltd which operates the service was ordered to pay $10,000.00 for contravening section 165(1) of the Education and Care Services National Law (WA) Act 2012 for an offence relating to the inadequate supervision of a child.

The approved provider was ordered to pay a further $2,000.00 towards the Department of Communities’ legal costs.

A Department of Communities investigation found that in December 2022, a child aged 5 years and 7 months was left behind at a restaurant following an excursion to a cinema and the restaurant.  

At the time of the incident, educators were in the process of returning the children to the service on coaches. A headcount of all the children was conducted at the restaurant. Once the children were accounted for, the group began to make their way to the nearby coach service. During this time, the child separated from the group to go to the toilets in the restaurant. This was not noticed by the educators and the child was left behind. When the child exited the toilets, they were sighted by a member of staff from the restaurant who contacted the service.  Educators immediately returned to collect the child.

More information on the SAT order is available on the eCourts website.  

Quotes from Phil Payne, Executive Director, Regulation and Quality, Department of Communities:

“All approved providers must ensure that staff, are aware of supervision policies and their associated risk assessments, especially when taking part in excursions.

“Risk assessments should be reviewed immediately prior to excursions by all educators so that any changes on the day can be addressed to minimise further risk.

“Ensuring appropriate supervision within the education and care services sector in Western Australia is a focus for the Education and Care Regulatory Unit (ECRU)."