CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT FOR COMMUNITIES and CAMP AUSTRALIA PTY LTD

The matter before the court involved disciplinary proceedings against Camp Australia Pty Ltd, a licensee providing child care services, in relation to alleged breaches of legislative requirements at seven facilities. The Department for Communities initiated the proceedings, alleging that the respondent had contravened the Child Care Act by operating the facilities without a supervising officer present, as required by the license conditions, and by failing to notify the department in writing of the resignation of supervising officers at six facilities. The case was heard in the State Administrative Tribunal (SAT), which had the jurisdiction to determine whether grounds existed for disciplinary action against the licensee.

The central legal issues before the Tribunal were whether it had jurisdiction to hear the application given that the alleged breaches occurred before the SAT acquired its jurisdiction, and the appropriate penalty to impose in light of the admitted contraventions and relevant mitigating and aggravating factors. The respondent conceded that the breaches occurred and that grounds for disciplinary action existed but contested the appropriate penalty and the requirement to display a notice at each facility.

In determining the appropriate penalty, the Tribunal considered the principles of just punishment, specific and general deterrence, and the protection of children and their parents. Given the paramount importance of the best interests of the children, the Tribunal assessed the aggravating factors, including the duration of the contraventions and the failure to comply with previous warnings, against the mitigating factors such as the respondent’s admission of liability, cooperation with the investigation, and the severe skills shortage in the child care sector. The Tribunal concluded that a monetary penalty, in addition to other remedial actions, was appropriate. It also determined that the respondent should be required to display a notice at each facility to inform parents of the Tribunal's determination and the penalty imposed.

The final orders of the Tribunal included a monetary penalty and a requirement for the respondent to display a notice at each facility, along with costs of the proceedings to be paid by the respondent.