Children (Education and Care Services) National Law (NSW)
166Offence to use inappropriate discipline
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166 Offence to use inappropriate discipline
166 Offence to use inappropriate discipline
(1) The approved provider of an education and care service must ensure that no child being educated and cared for by the service is subjected to—
(a) any form of corporal punishment; or
(b) any discipline that is unreasonable in the circumstances.
Penalty—
(a) for an individual—$34,200; or
(b) for a large child care provider—$516,600; or
(c) otherwise—$172,200.
Note—
This penalty is a substituted NSW provision.
(2) A nominated supervisor of an education and care service must ensure that no child being educated and cared for by the service is subjected to—
(a) any form of corporal punishment; or
(b) any discipline that is unreasonable in the circumstances.
Penalty—$34,200.
Note—
This penalty is a substituted NSW provision.
(3) A staff member of, or a volunteer at, an education and care service must not subject any child being educated and cared for by the service to—
(a) any form of corporal punishment; or
(b) any discipline that is unreasonable in the circumstances.
Penalty—$34,200.
Note—
This penalty is a substituted NSW provision.
(4) A family day care educator must not subject any child being educated and cared for by the educator as part of a family day care service to—
(a) any form of corporal punishment; or
(b) any discipline that is unreasonable in the circumstances.
Penalty—$34,200.
Note—
This penalty is a substituted NSW provision.
s 166: Am 2025 No 68, Sch 1[6].