162Offence to operate education and care service unless responsible person is present

162 Offence to operate education and care service unless responsible person is present

162 Offence to operate education and care service unless responsible person is present

(1) The approved provider of an education and care service must ensure that one of the following persons is present at all times that the service is educating and caring for children—

(a) the approved provider, if the approved provider is an individual or, in any other case, a person with management or control of an education and care service operated by the approved provider;

(b) a nominated supervisor of the service;

(c) a person in day-to-day charge of the service.

Penalty—

(a) for an individual—$17,100; or

(b) for a large child care provider—$258,300; or

(c) otherwise—$86,100.

Note—

This penalty is a substituted NSW provision.

(2) This section does not apply to an approved family day care service.

s 162: Am 2025 No 68, Sch 1[6].