171Offence relating to direction to exclude inappropriate persons from education and care service premises

171 Offence relating to direction to exclude inappropriate persons from education and care service premises

171 Offence relating to direction to exclude inappropriate persons from education and care service premises

(1) The Regulatory Authority may direct an approved provider, a nominated supervisor or a family day care educator to exclude a person whom the Authority is satisfied is an inappropriate person from the education and care service premises while children are being educated and cared for at the premises for such time as the Authority considers appropriate.

(2) A person to whom a direction is given under subsection (1) must comply with the direction.

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.

(3) In this section—

inappropriate person means a person—

(a) who may pose a risk to the safety, health or wellbeing of any child or children being educated and cared for by the education and care service; or

(b) whose behaviour or state of mind or whose pattern of behaviour or common state of mind is such that it would be inappropriate for him or her to be on the education and care service premises while children are being educated and cared for by the education and care service.

Example.

A person who is under the influence of drugs or alcohol.

s 171: Am 2025 No 68, Sch 1[8].