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Excerpts from this article first published in ‘Human Resources’ Magazine, Issue 112, 5 September 2006
In ABC Developmental Learning Centres Pty Ltd v Wallace [2006] VSC 171, the Victorian Supreme Court upheld a fine imposed on the proprietor of a child care centre for the offence of failing to take reasonable precautions to protect a child from hazards likely to cause injury.
Two employees and one agency staff member were responsible for looking after 12 children at the child care centre. When one of the staff members went to the toilet, a two year old child managed to push a 90cm foam cube a distance of 12 metres and escaped over a fence. The two remaining staff members did not see this occur, despite having a clear view of the area. The child was returned unharmed by a neighbour.
The Court held that, in the present case, it was immaterial whether or not there had been a failure in the systems put in place by the proprietor. The policy underlying the relevant legislation was clear that young children placed in the custody of persons other than their parents must be properly protected and supervised. The two staff members responsible for supervising the child had been acting within the scope of their employment when the child was exposed to hazards likely to cause injury. Therefore, the proprietor of the childcare centre was liable for the failures of its staff.
The Court upheld the fine imposed on the proprietor of the child care centre but no conviction was recorded.
