QLD Daycare Attendance Records - Implications Under Australian Law?
- Thread starter Migz
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- australian law
Is your query in relation to certification of the daycare centre? or in relation to family law evidence?
Hi Rod, I suppose abit of both, my childs daycare appears to have manipulated the attendance record whereby they have reduced the hours in care, there by providing documents that show incorrect hours of attendance, to make the "mother" look good to the courts, last week.
As per the court orders in place I am able to ask daycare for any and all information relating to my Child, therefore I ask for weekly attendance records to be emailed through, I have a suspicion for the last 3 months these figures have been modified, were my Child was being put into daycare 40 - 55 hours a week, suddenly reduced to less than 25 hrs a week over the past 3 months. Note that the second director has now resigned in the past 2 years, and upon completion of subpoena material as well.
Even just last week while the mother and I were in Federal Court at 8:50am, the attendence record for that day, says the Child was dropped off by the Mother at 10:00am... This is now fraudulent, and a safety concern considering if there was a fire... I wish to have this investigated further, as the security cameras in the foyer of daycare will prove the exact times and by whom my child is being dropped off by.
As per the court orders in place I am able to ask daycare for any and all information relating to my Child, therefore I ask for weekly attendance records to be emailed through, I have a suspicion for the last 3 months these figures have been modified, were my Child was being put into daycare 40 - 55 hours a week, suddenly reduced to less than 25 hrs a week over the past 3 months. Note that the second director has now resigned in the past 2 years, and upon completion of subpoena material as well.
Even just last week while the mother and I were in Federal Court at 8:50am, the attendence record for that day, says the Child was dropped off by the Mother at 10:00am... This is now fraudulent, and a safety concern considering if there was a fire... I wish to have this investigated further, as the security cameras in the foyer of daycare will prove the exact times and by whom my child is being dropped off by.
I'd be looking through the:
A letter along the lines of:
There is a bit more you can throw in but I think you get the gist of what I'm saying.
If that doesn't improve record keeping, then gather evidence and ask the court for subpoenas covering sign in books, videos, key cards access, etc.
Let me know if you need someone to prepare the letter. Sometimes it is good having it on lawyer letterhead.
- QLD Working with Children (Risk Management and Screening) Act 2000 to see if their 'working with children' blue card is at risk for falsifying attendance records.
- Education and Care Services National Law (Queensland) Act 2011
- Work Health and Safety (QLD) Act 2011
- Whatever laws provide funding/subsidies for childcare
- Corporations Act (Cth) 2001
A letter along the lines of:
Dear childcare,
It has come to my attention that daycare records for my child may be inaccurate or falsified.
I remind you that you have obligations to ensure attendance records are accurate.
Providing false information to court which if found proven is contempt of court that is punishable with a maximum of three years imprisonment or a fine of 200 penalty units if the act of contempt involves non-compliance with a court order. In any other case, the maximum penalty is imprisonment for one year or a fine of 84 penalty units.
You may also be breaching [quote laws].
I suggest you seek your own legal advice on the provision of inaccurate records and whether government subsidies are at risk, whether you are contravening OHS laws, and whether blue cards are at risk.
I strongly advise you to provide me with accurate records.
It has come to my attention that daycare records for my child may be inaccurate or falsified.
I remind you that you have obligations to ensure attendance records are accurate.
Providing false information to court which if found proven is contempt of court that is punishable with a maximum of three years imprisonment or a fine of 200 penalty units if the act of contempt involves non-compliance with a court order. In any other case, the maximum penalty is imprisonment for one year or a fine of 84 penalty units.
You may also be breaching [quote laws].
I suggest you seek your own legal advice on the provision of inaccurate records and whether government subsidies are at risk, whether you are contravening OHS laws, and whether blue cards are at risk.
I strongly advise you to provide me with accurate records.
There is a bit more you can throw in but I think you get the gist of what I'm saying.
If that doesn't improve record keeping, then gather evidence and ask the court for subpoenas covering sign in books, videos, key cards access, etc.
Let me know if you need someone to prepare the letter. Sometimes it is good having it on lawyer letterhead.
Hi Rod,
This is some awesome material, and I will be taking this further this week. I have asked for the "incident reports" over 3 weeks ago only to receive an email at 7.30pm Friday night, stating, "sorry we have been busy we should get to them next week"...I'm sick of being given the high hat by this new director
This is some awesome material, and I will be taking this further this week. I have asked for the "incident reports" over 3 weeks ago only to receive an email at 7.30pm Friday night, stating, "sorry we have been busy we should get to them next week"...I'm sick of being given the high hat by this new director
Probably a little less relevant to your question in context, but my advice is to step lightly with Day Care.
Short version: I had a very bad experience with the original day care centre my ex unilaterally enrolled our child in after the split, she used those 4 months where I was unaware of where child was enrolled and still awaiting interim orders to play her trade in manipulation with the staff at the centre and when I walked in there for the first time ever on the morning after my first overnight, I instantly knew I was in a hostile environment.
The director immediately snuck off to call my ex and give her a report on my arrival and the details of how the separation went as I attempted to leave... with my daughter a little upset and probably confused because she may have been concerned she may not see me again, but in fairness I have seen kids do much worse in normal every day drop offs.
Anyway, ex then proceeded to get the director to write an incredibly bias letter for her describing this as a "Total meltdown" and used this as her excuse to stop complying with the overnight ruling in the barely 2 week old interim orders.
I complained to the centre, centre fired the director and within a few weeks, another incident occurred, which ended up with me submitting a formal complaint to the department of education.
Centre realized they had overstepped the mark and decided best course of action was to terminate our childs enrollment.
Ex again enrolled child unilaterally in another centre and whilst this centre has been excellent with their management of this and I enjoy a great repore with staff and director, the whole saga turned out to be a huge point on which the magistrate made judgment.
Her repeatedly unilaterally enrolling child in centers demonstrated to him that ex was capable of making educational decisions independently and my decision to escalate the dispute with the original centre to the department of education was not seen as positive or productive by the magistrate, which in fact does hold some truth in hindsight, given the disruption to my daughter's routine and attendance to her regular child care centre (which I regret).
What I am getting at is, treat lightly with the center. I know how hard it is to deal with a centre that has been manipulated by your ex to support her at their detriment, but if you go in too hard, it will not be seen as a positive attitude and may in fact end up going against you, as it ultimately did for me - All parental rights and responsibilities were equally shared except for education, with sole and final decision given to the mother.
Short version: I had a very bad experience with the original day care centre my ex unilaterally enrolled our child in after the split, she used those 4 months where I was unaware of where child was enrolled and still awaiting interim orders to play her trade in manipulation with the staff at the centre and when I walked in there for the first time ever on the morning after my first overnight, I instantly knew I was in a hostile environment.
The director immediately snuck off to call my ex and give her a report on my arrival and the details of how the separation went as I attempted to leave... with my daughter a little upset and probably confused because she may have been concerned she may not see me again, but in fairness I have seen kids do much worse in normal every day drop offs.
Anyway, ex then proceeded to get the director to write an incredibly bias letter for her describing this as a "Total meltdown" and used this as her excuse to stop complying with the overnight ruling in the barely 2 week old interim orders.
I complained to the centre, centre fired the director and within a few weeks, another incident occurred, which ended up with me submitting a formal complaint to the department of education.
Centre realized they had overstepped the mark and decided best course of action was to terminate our childs enrollment.
Ex again enrolled child unilaterally in another centre and whilst this centre has been excellent with their management of this and I enjoy a great repore with staff and director, the whole saga turned out to be a huge point on which the magistrate made judgment.
Her repeatedly unilaterally enrolling child in centers demonstrated to him that ex was capable of making educational decisions independently and my decision to escalate the dispute with the original centre to the department of education was not seen as positive or productive by the magistrate, which in fact does hold some truth in hindsight, given the disruption to my daughter's routine and attendance to her regular child care centre (which I regret).
What I am getting at is, treat lightly with the center. I know how hard it is to deal with a centre that has been manipulated by your ex to support her at their detriment, but if you go in too hard, it will not be seen as a positive attitude and may in fact end up going against you, as it ultimately did for me - All parental rights and responsibilities were equally shared except for education, with sole and final decision given to the mother.
...and of course there was zero consequences for the ex for unilaterally enrolling child twice despite equal share orders being in place at the time of second one and not one f**k was given for her decision to stop complying with the overnight orders.
We all know it well, but fact is, as a Male in this system, if you so much as do anything of a non cooperative or conflicting nature, you will be crucified for it by the courts. The mothers can pretty much do anything they like and whilst I don't want to give any mothers reading this silly ideas, they will rarely if ever be penalized.
We all know it well, but fact is, as a Male in this system, if you so much as do anything of a non cooperative or conflicting nature, you will be crucified for it by the courts. The mothers can pretty much do anything they like and whilst I don't want to give any mothers reading this silly ideas, they will rarely if ever be penalized.
Because @Been2Trial went there ill chuck my 2c in for anyone reading along.
If at any point child safety becomes involved they will contact the daycare and ask for input from staff to include in their report.
Things like how the child reacts when you arrive/leave and behaviours from you such as dumping the child and leaving instantly VS spending 5-10 mins each day settling the child in and engaging with them before leaving once the child is settled.
I am totally generalising and stereotyping here but unfortunately it is how it is. Daycare's are filled with women that gossip and it's all to easy to get a DVO on an "abusive" Father that will prevent him from attending the child's daycare.
The mother will give the DVO to the daycare to ensure that you don't steal the child and tell them how bad of a person you are.
So eventually when you get your freshly updated paperwork which allows you to attend the daycare once more you need to be the best version of you that you can be.
Ensure that you leave early for work early so that you can spend 5-10mins sitting on the floor playing blocks with your kid, go down the slide or build a sandcastle. Trust me..... Eyes will be watching.
Smile and ask the staff how your kid is doing and if they need anything to help them through the day. Basically just be an awesome Dad.
Then come time that some authority calls them. They will have your back. Well they had mine.
I to tried to get daycare attendance information during the period of time that I was the enemy and was essentially told go away and come back with a court order.
These same people are now very much helpful with any routine requests I might have due to my ongoing commitment to being #1 Dad for kid.
If at any point child safety becomes involved they will contact the daycare and ask for input from staff to include in their report.
Things like how the child reacts when you arrive/leave and behaviours from you such as dumping the child and leaving instantly VS spending 5-10 mins each day settling the child in and engaging with them before leaving once the child is settled.
I am totally generalising and stereotyping here but unfortunately it is how it is. Daycare's are filled with women that gossip and it's all to easy to get a DVO on an "abusive" Father that will prevent him from attending the child's daycare.
The mother will give the DVO to the daycare to ensure that you don't steal the child and tell them how bad of a person you are.
So eventually when you get your freshly updated paperwork which allows you to attend the daycare once more you need to be the best version of you that you can be.
Ensure that you leave early for work early so that you can spend 5-10mins sitting on the floor playing blocks with your kid, go down the slide or build a sandcastle. Trust me..... Eyes will be watching.
Smile and ask the staff how your kid is doing and if they need anything to help them through the day. Basically just be an awesome Dad.
Then come time that some authority calls them. They will have your back. Well they had mine.
I to tried to get daycare attendance information during the period of time that I was the enemy and was essentially told go away and come back with a court order.
These same people are now very much helpful with any routine requests I might have due to my ongoing commitment to being #1 Dad for kid.
Not that Jake has suggested it, but I will just add that there was no family violence, dvo or otherwise in my case... so this can and does happen simply at the influence of a spiteful mother and given the fact that they normally have a majority custody and most contact with the Child Care/Education place, it does unfortunately give them ample opportunity to plant the seeds and stack people against you.
Anyway, just be careful. You can subpoena sign in sign out records and if they are suspect, incomplete or doctored, they will be further scrutinized by your lawyer and barrister and will be investigated during the trial.
Anyway, just be careful. You can subpoena sign in sign out records and if they are suspect, incomplete or doctored, they will be further scrutinized by your lawyer and barrister and will be investigated during the trial.