164Offence relating to assistance to family day care educators

164 Offence relating to assistance to family day care educators

164 Offence relating to assistance to family day care educators

(1) The approved provider of a family day care service must ensure that, at all times that a family day care educator is educating and caring for a child as part of the service, one of the following persons is available to provide support to the family day care educator—

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

(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) For the purposes of this section, the requirement to be available to provide support to a family day care educator includes being available to be contacted by telephone to provide advice and assistance to the family day care educator.

s 164: Am 2025 No 68, Sch 1[6].