TheirCare Pty Ltd penalised

Media release
The provider was penalised for inadequate supervision of a child and failing to ensure that an educator met the qualification requirements relevant to their role as prescribed by the national regulations.
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media release

TheirCare Pty Ltd penalised for inadequate supervision and failure to ensure an educator had the required qualifications.

The approved provider, TheirCare Pty Ltd, which operates the service, Floreat Park PS TheirCare, was ordered to pay a penalty of $18,000 for contravening section 165(1) and $8000 for contravening section 169(2) of the Education and Care Services National Law (WA) Act 2012 for the offences of inadequate supervision of a child and failing to ensure that an educator met the qualification requirements relevant to their role as prescribed by the national regulations.

A Department of Communities (Communities) investigation found that on 30 September 2024, two children, aged five and six, were separated from their excursion group at Perth Zoo.

During that time, a member of the public found the children approximately 200m from the group, contacted TheirCare Head Office and informed a member of staff at the Zoo.

After 10 minutes separated from the group, an educator realised that two children were missing and notified zoo staff.

Shortly after that, the children were united with the excursion group.

The investigation into this incident subsequently revealed that an educator on the excursion group failed to hold the qualifications required of their role.

TheirCare Pty Ltd was also ordered to pay $2,000 towards the Department’s legal costs.

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

Quotes from Angelo Barbaro, Executive Director, Regulation and Quality, Department of Communities:

“The safety of children in education and care services is dependent on continuous supervision by qualified educators.”

“Parents put their trust in service providers to ensure that the educators looking after their children are qualified to do so.”

“In this instance, poor supervision by educators, including one that lacked the required qualifications, greatly increased the risk of harm.”

“So, to avoid being penalised and to keep children safe, we urge providers to do their due diligence and ensure that staff have the required qualifications, and are providing constant, proper supervision.”

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