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NSW Child Expelled from Childcare Without Notice - Legal under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Elona, 16 November 2015.

  1. Elona

    Elona Active Member

    5 November 2015
    Likes Received:
    My 3-year-old child has been expelled from childcare today... My child has hit other child with a building block. I was only told the other child was hurt. I was not given any further details or asked to sign an incident report which is what usually would happen in this scenario. I was told on the spot today was my child's last day without any notice.

    I cannot go to work tomorrow and subsequently provide for my children until I find a new centre that have a vacancy which is a very difficult situation.

    Is it legal under Australian Consumer Law for a childcare provider to refuse care without any notice to the parent? I am a single parent and may lose my job if I can't go to work. I'm desperate.
  2. Sophea

    Sophea Guest

    Hi Elona,

    I don't know of any specific law that would prevent this and I don't believe childcare centres come under the same requirements as schools in terms of disciplinary processes.

    I think your rights here would depend on the nature of the contract or agreement that you have with the centre. Did you sign anything? Or were notice periods for termination discussed? Did you pre-pay for a specific time period at a time? (This MAY create a presumption that termination of the agreement would require a notice period of the length of the period you paid up until).

    Perhaps with any new centre you could state that if they want to terminate their services you require 2 weeks notice or 1 week's notice in order to arrange alternative care and make that an express condition of your agreement with them.

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