An educator was fined $2,000 and ordered to pay $2,000 in court costs on 19 May 2023 for continuing to work in an early childhood service after being prohibited by the Early Childhood Regulatory Authority (ECRA).
Between 8 December 2021 and 21 February 2022, the educator continued to work, contrary to a prohibition notice issued on 8 December 2021 which prohibited them from:
- providing education and care to children for an education and care service
- being engaged as an educator, family day care educator, employee, contractor or staff member of, or volunteer at, an education and care service
- carrying out any other activity relating to an education and care service.
The department, as the regulatory authority, took legal action in the Brisbane Magistrates Court against the educator for failing to comply with the prohibition notice.
The educator pleaded guilty to one charge of contravening a prohibition notice which is an offence under the National Law.
This is an important reminder to educators that prohibition is a serious matter and the terms of a prohibition will be enforced by the regulatory authority.
The regulatory authority will continue to work with approved providers to ensure that prohibited persons are not able to be employed, or remain employed, in the sector.
Educators are prohibited when the regulatory authority believes they may pose an unacceptable risk of harm to a child or children and it is an offence under the National Law for approved providers to engage a prohibited person.
Approved providers should have initial recruitment and ongoing employment processes to ensure all staff are suitable to provide education and care. Read more about
checking a person’s prohibition status.
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