The approved provider, TheirCare Pty Ltd, which operates the approved service, Phoenix PS WA TheirCare, was ordered to pay $22,500 by the State Administrative Tribunal (SAT) for contravening section 165(1) of the Education and Care Services National Law (WA) Act 2012 by inadequately supervising children in their care and regulation 170(1) of the Education and Care Service National Law (WA) Regulations 2012 by failing to ensure staff follow the policies of the service.
A Department of Communities investigation found that the Hamilton Hill service, Phoenix PS WA TheirCare, proceeded with an excursion to Scitech on 10 January 2025 despite not meeting the requirements of their own excursion policies, by not having identifying vests for the children and not having enough staff according to its own risk assessment.
This resulted in two five-year old children absconding from their excursion group.
Headcounts were not conducted throughout the excursion, with staff only becoming aware that the children were missing after one of the other children told them. The child was found and returned by a Scitech staff member.
This is the second time TheirCare Pty Ltd has been penalised in SAT for inadequate supervision on an excursion.
The approved provider, TheirCare Pty Ltd, has been ordered to pay $2,000 towards the Department of Communities’ legal costs.
More information on the State Administrative Tribunal order is available on the eCourts website.
Quotes from Angelo Barbaro, Executive Director, Regulation and Quality, Department of Communities:
"Inadequate supervision within the education and care services sector is a significant concern of Communities.
"An approved provider may have robust procedures, but this case yet again confirms that is not enough, that an approved provider needs to take active steps to ensure the procedures are followed.
"This outcome also signals the importance of the approved provider actively assessing and being satisfied of the suitability of the person coordinating an excursion and supporting them in that role.
"Even a momentary lapse of supervision can significantly increase the risk of harm to children.
"Providers should ensure that services are staffed to the risk, not just the ratio requirements."
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