173Offence to fail to notify certain circumstances to Regulatory Authority

173 Offence to fail to notify certain circumstances to Regulatory Authority

173 Offence to fail to notify certain circumstances to Regulatory Authority

(1) An approved provider must notify the Regulatory Authority of the following in relation to the approved provider or each approved education and care service operated by the approved provider—

(a) a change in the name of the approved provider;

(b) any appointment or removal of a person with management or control of an education and care service operated by the approved provider;

(c) a failure to commence operating an education and care service within 6 months (or within the time agreed with the Regulatory Authority) after being granted a service approval for the service.

Penalty—

(a) for an individual—$13,500; or

(b) for a large child care provider—$206,100; or

(c) otherwise—$68,700.

Note—

This penalty is a substituted NSW provision.

(1A) An approved provider that is a body corporate must notify the Regulatory Authority if 50 per cent or more of the approved provider's ownership or voting rights is acquired.

Penalty: $68 700.

(2) An approved provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the approved provider—

(a) if the approved provider is notified of the suspension or cancellation of a working with children card or teacher registration of, or disciplinary proceedings under an education law of a participating jurisdiction in respect of, a nominated supervisor engaged by the service;

(b) if a nominated supervisor of an approved education and care service—

(i) ceases to be employed or engaged by the service; or

(ii) is removed from the role of nominated supervisor; or

(iii) withdraws consent to the nomination;;

(c) any proposed change to the education and care service premises of an approved education and care service (other than a family day care residence);