Lavington family daycare service banned for six months

Wodonga resident Mujinga Gisele Mulenda is the sole director of Lavington-based business Kids Belong Family Daycare.

The company operates nine family daycare services at homes, including three on the Border and two in Wagga.

Serious issues were found with the provider during compliance visits at sites in 2019.

The NSW Civil and Administrative Tribunal recently heard an examination of a home found wooden fence panels with rusty nails on the ground, four gates with corroded spears, large garbage bags full of rubbish, and nappy mats with tears and exposed corners.

A power point and power board also didn't have safety caps and car seats in the educator's vehicle were incorrectly fitted.

A search of other homes also located a cot that didn't comply with Australian standards.

Cigarette butts and pins on a noticeboard were accessible to children, a ladder, wood and wire were accessible to kids in a yard, and glass beer bottles found in another home.

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A broken pool fence was discovered at a property, dishwashing liquid left in an unlocked cupboard, and sharp chicken wire left exposed.

A decision was made to cancel the business' approval to operate to protect the health and safety of children.

A Department of Education employee told the tribunal major problems had been found.

The decision to cancel the business' authority to provide care was issued on February 14 last year.

"Based on the findings of the authorised officers, I am of the opinion that there are serious non-compliance issues in respect to the operation of the service, and that the nature of the non-compliance ... constitutes an unacceptable risk to the safety, health or wellbeing of children being educated and cared for by the service," the employee said.

"I am also concerned that the provider has failed to put in place adequate governance systems in respect to issues such as record keeping practices and the monitoring and support of educators."

The worker noted there were "inadequate measure(s) to protect the safety, health and wellbeing of children and insufficient understanding of the regulatory requirements by the provider and the educators registered with the service".

There were concerns about the large number of breaches made by the business.

A compliance officer said the business had been given an opportunity to improve the quality of its service, but the officer said she wasn't satisfied adequate steps had been taken.

Ms Mulenda recently appealed to the Civil and Administrative Tribunal which resulted in a six-month ban being imposed instead of a cancellation.

Ms Mulenda said she had taken every reasonable precaution to protect children from harm, a compliance booklet had been created, a consulting company and compliance expert hired and additional training programs started.

She agreed there was a lack of written procedures, and a lack of training and staff appraisal systems for the 16 people employed or registered with the business.

She said if she was allowed to resume her service, she would conduct fortnightly visits at homes where children were being cared for.

Tribunal senior member Sigrid Higgins said the business had shown a willingness to change and meet the national standards, and would have time during the suspension to meet its compliance obligations.

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