National Quality Framework – 2013 Enforcement Action
Name and
address of
service
Certified supervisor
name & number
(for actions against
individuals)
Approved
provider
name &
number
Nature of
enforcement
action
Reason for taking enforcement action (including breach)
Date of enforcement
action
Details of
enforcement action
taken
27/12/13
Compliance Notice
under s.177
10/12/13
Imposition of
conditions on the
service approval
under s.55
10/12/13
Imposition of
conditions on the
service approval
under s.55
The approved provider failed to:
Goodstart Early
Learning
Burnside, 277281 Westwood
Drive, Burnside
N/A
Goodstart
Early
Learning
Pty Ltd
(PR00001129)
Compliance
Notice

ensure that every reasonable precaution was taken to
protect children being educated and cared for by the
service from harm and from any hazard likely to cause
injury.

take reasonable steps to ensure that the nominated
supervisor and staff members of, and volunteers at, the
service followed the policies and procedures required under
regulation 168.
Particulars: a child at the service who was diagnosed with a
medical condition was exposed to a known allergen
Serious and ongoing non-compliance by the service, particularly
in relation to the following:
St Vincent's Early
Learning Centre,
91-101 Victoria
Parade, Fitzroy
Wonderkindy Port
Melbourne, 5
Ingles Street,
Port Melbourne
N/A
N/A
Early
Childhood
Manageme
nt Services
Inc (PR00001947)
Wonderkind
y - Port
Melbourne
Pty Ltd
(PR0002934)
Conditions
on service
approval
Conditions
on service
approval

failure to protect children from harm and any hazard
(s.167)

inadequate supervision (s.165)

child exiting the service (r.99)

failure to notify Regulatory Authority (r.176)

premises, furniture and equipment (r.103)

incident, injury, trauma and illness record (r.87)

medical conditions policy (r.90)

heath, hygiene and safe food practices (r.77)
Serious and ongoing non-compliance by the service, particularly
in relation to the failure of the approved provider to ensure that
an educational program is delivered in accordance with s.168
1
National Quality Framework – 2013 Enforcement Action
Name and
address of
service
Kidding Around
Childcare and
Kindergarten, 3638 Grimwade
Crescent,
Frankston
Certified supervisor
name & number
(for actions against
individuals)
N/A
Approved
provider
name &
number
Kenji Pty
Ltd (PR00002429)
Nature of
enforcement
action
Compliance
Notice
Reason for taking enforcement action (including breach)
The Approved provider failed to:

ensure that a responsible person was present at all times
that the service was educating and caring for children
(s.162)

take reasonable steps to ensure that the needs for sleep
and rest of children being educated and cared for by the
services are met, having regard to the ages, development
stages and individual needs of children (r.81).

ensure that emergency and evacuation procedures were
rehearsed, and that these rehearsals were documented in
accordance with regulation 97(3).

ensure that the education and care service premises, and
all equipment and furniture used in providing the education
and care service was safe, clean and in good repair (r.103)

ensure that at least one educator who had undertaken
current approved anaphylaxis management training was in
attendance at any place where children were being
educated and cared for by the service, or immediately
available in an emergency, at all times that children were
being educated and cared for by the service (r.136(1)(b))

ensure that a staff record was kept for the education and
care service in accordance with Division 9 of the National
Regulations r.145)

ensure that an enrolment record was kept, for each child
enrolled at the education and care service, which included
all of the relevant information set out in regulation
160(3)include required health information or authorisations

take reasonable steps to ensure that the nominated
supervisor and staff members of, and volunteers at the
service followed the policies and procedures required under
regulation 168

read or ensure the nominated supervisor or certified
supervisor in day to day charge of the service had read a
person’s working with children check before the person was
engaged as an educator at the service (r.358).
Date of enforcement
action
9/12/13
Details of
enforcement action
taken
Compliance Notice
under s.177
2
National Quality Framework – 2013 Enforcement Action
Name and
address of
service
Certified supervisor
name & number
(for actions against
individuals)
Approved
provider
name &
number
Nature of
enforcement
action
Reason for taking enforcement action (including breach)
Date of enforcement
action
Details of
enforcement action
taken
20/09/2013
Compliance Notice
under s.177
23/08/2013
Compliance Notice
under s.177
31/07/13
Compliance Notice
under s.177
The approved provider failed to ensure:
Maria Montessori
Pre School &
Early Learning
Centre, 42 Main
Road,
Thomastown
Kidz Paradise
Family Day Care,
358 Bell Street,
Pascoe Vale
N/A
N/A
Star Care
(VIC) Pty
Ltd AFT
Bardan
Family
Trust (PR00002358)
Ms Betty
Twamwaa
Kwarteng
(PR40000228)

Compliance
Notice


that every reasonable precaution was taken to protect
children from harm and hazard (s167(1))
that a program was delivered to all children being
educated and cared in accordance with r73 (s168(1))
the location and design of the toilet, washing and
drying facilities enabled safe use and convenient
access by the children
a risk assessment was conducted in accordance with
r101 prior getting authorisation for an excursion
Approved Provider failed to:
Compliance
Notice


maintain a complete register of educators (s.269)
keep the prescribed documents (s175(1)), required by
r. 154
Approved Provider failed to:
Laughing
Kookaburra
Family Day Care,
94 Thomas
Street,
Dandenong


N/A
Mrs
Nyamakal
Riek Dhol
(PR40000062)
Compliance
Notice


maintain a complete register of educators (s.269)
comply with the conditions of a service approval
relating to the maximum number of educators, number
of coordinators and ensuring that the education and
care service is operated in a way that ensure the
safety, health and wellbeing of the children (s.51(8))
keep a record of assessments of family day care
residences or approved family day care venues (r.177)
keep prescribed documents available for inspection by
an authorised officer (s.175(1))
3
National Quality Framework – 2013 Enforcement Action
Name and
address of
service
Certified supervisor
name & number
(for actions against
individuals)
Approved
provider
name &
number
Nature of
enforcement
action
Reason for taking enforcement action (including breach)
Date of enforcement
action
Details of
enforcement action
taken
28/05/13
Compliance Notice
under s.177
Approved Provider failed to:




Aussom Family
Day Care
Scheme,
49 Hopkins
Street,
Footscray
N/A
Aussom
Family Day
Care
Scheme
Pty Ltd
(PR00002947)
Compliance
Notice





maintain a complete register of educators (s.269)
• comply with conditions on the service approval
(s.19(4))
ensure every reasonable precaution was taken to
protect children being cared for or educated by the
service from harm and from any hazard likely to cause
injury (s.167)
take reasonable steps to ensure that every person
aged 18 years and over who resides at a family day
care residence is a fit and proper person to be in the
company of children. (r. 163)
require each family day care educator to notify the
provider of:
a) any new person aged 18 years or over who resides,
or intends to reside, at the educator’s family day care
residence; and
b) any circumstance relating to a person who has
previously been considered under regulation 163 in
relation to the family day care residence that may
affect whether the person is a fit and proper person to
be in the company of children. (r.164)
have in place policies and procedures in relation to the
matters set out in rr. 168-169
to take reasonable steps to ensure that family day care
educators engaged with or registered with the service
follows the procedures and policies set out above
(r.170)
notify the Regulatory Authority of certain information
(s.174)
ensure sufficient persons are appointed as family day
care co-ordinators to monitor and support the family
day care educators engaged or registered with the
service; and
ensure each family day care educator is adequately
monitored and supported by a family day care coordinator (s.51(2))
4
National Quality Framework – 2013 Enforcement Action
Name and
address of
service
Kushland Family
Day Care, 6
Willowdale Drive,
Cranbourne
Precious
Moments, 370
Sydney Road,
Coburg
Elite Enterprises
Group Pty Ltd,
Lalor Child Care
Centre, 415 High
Street, Lalor
Certified supervisor
name & number
(for actions against
individuals)
N/A
Approved
provider
name &
number
Kushland
Family
Daycare
Pty Ltd
(PR00006744)
Nature of
enforcement
action
Conditions
on service
approval
N/A
Precious
Moments
Family Day
Care P/L
(PR00007121)
Compliance
Notice
N/A
Elite
Enterprise
Group Pty
Ltd (PR0007121)
Compliance
Notice
N/A
Victorian
Multiethnic
Slavic
Welfare
Association
Inc (PR00001890)
Compliance
Notice
Reason for taking enforcement action (including breach)
Approved Provider failed to:
 keep appropriate records in relation to the
operation of the service, any staff member
employed or engaged by the service, and any
child being cared for, or educated at those
premises (s.175)
 employ sufficient family day coordinators to
adequately support and monitor family day
care educators (s.51(2)).
Approved provider failed to:
 maintain a register of educators (r.153. s.269)
 to comply with the condition on their service approval
relating to the number of educators and coordinators
(s.51);
 to ensure all persons over 18 residing in an educator's
residence had a working with children check (r.163,
s.167).
Approved provider failed to keep a Register of Family Day Care
Educators (s.269).
Approved provider failed to ensure that:
 a responsible person was present at the service
(s.162(1))
 the appropriate number of educators educating and
caring for children was not less than the number
prescribed (s.169(1))
 staff records were kept in accordance with s.145(1) the
appropriate health records for children were
maintained (r.16(2)(c)-(d)).
Date of enforcement
action
Details of
enforcement action
taken
1/5/13
Imposition of
conditions on the
service approval
under s.55
19/4/13
Compliance Notice
under s.177
13/3/13
Compliance Notice
under s.177
8/2/13
Compliance Notice
under s.177
5