Section 175D - Children (Education and Care Services) National Law (NSW) - Requirement to use service-supplied device in education and care service (other than family day care service)

175DRequirement to use service-supplied device in education and care service (other than family day care service)

Start here

Get a plain-English read of 175D

Turn the raw legal text into a practical explanation grounded in Children (Education and Care Services) National Law (NSW).

175D Requirement to use service-supplied device in education and care service (other than family day care service)

(1) An approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-supplied device to do so.

Penalty—

(a) for an individual—$6,600; or

(b) for a large child care provider—$102,600; or

(c) otherwise—$34,200.

Note—

This penalty is a substituted NSW provision.

(2) The following persons are specified—

(a) a nominated supervisor;

(b) a staff member;

(c) a volunteer.

(3) A nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-supplied device to do so.

Penalty: $6600.

(4) The following persons are specified—

(a) a staff member;

(b) a volunteer.

s 175D: Ins 2026 (54), Sch 1[14].