THE former operator of a childcare centre in Kangaroo Flat found to be caring for children without receiving departmental approval has had his conviction and fine struck out in court.
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The man in his 50s, who established the St Anastasia Childcare Centre on Olympic Parade, appeared in the County Court in Melbourne on Tuesday where he successfully appealed his sentence from 2015.
Inspectors from the Department of Education and Training visited the site in January 2014 where they found 15 children at the premises engaged in a school holidays program, the court was told.
The centre was shut down at the time.
The prosecutor for the education department said there were issues with a number of aspects of the centre, including equipment that had been installed.
“There were definitely concerns about equipment,” he said.
The man was convicted and fined $2000 in the Bendigo Magistrates’ Court in October 2015, which he appealed.
He told the court he believed they had complied with the department and had the appropriate approvals. The man had relied on a family member who had a stronger “command of English” to fill out the forms, and everyone involved in the centre maintained they were sure they were operating legally.
Two co-accused were placed on good behaviour bonds without conviction, despite being found guilty by a magistrate after they pleaded not guilty to charges.
The accused – who has since relocated to Brisbane – was found to be in charge of the centre, and Judge Gerard Mullaly said he deserved a slightly tougher sentence.
He said it was unusual that the man had started taking enrolments without being sure they had the correct permits.
“You looked like you were heading in the right direction but you started to take children before you should have,” Judge Mullaly said.
“I can see that you had good intentions, but they were tripped up by not completely ticking every body that you should have.
“Maybe you relied on other people. You’ve got to take responsibility.”
The conviction and fine were struck out, and the man was placed on a 12-month good behaviour bond.
He was also ordered to pay $4000 in court costs.