103Offence to provide an education and care service without service approval

103 Offence to provide an education and care service without service approval

103 Offence to provide an education and care service without service approval

(1) A person must not provide an education and care service unless—

(a) the person is an approved provider in respect of that service; and

(b) the education and care service is an approved education and care service.

Penalty—

(a) for an individual—$68,700; or

(b) for a large child care provider—$1,034,100; or

(c) otherwise—$344,700.

Note—

This penalty is a substituted NSW provision.

(2) Subsection (1) does not apply to a family day care educator providing education and care to children as part of an approved family day care service.

(3) For subsection (1), an education and care service is taken not to be an approved education and care service during any period in which the service approval for the education and care service is suspended.

Note—

This subsection is an additional NSW provision.

s 103: Am 2025 No 68, Sch 1[6].