Section 175E - Children (Education and Care Services) National Law (NSW) - Requirement to use service-authorised device or service-supplied device in family day care service

175ERequirement to use service-authorised device or service-supplied device in family day care service

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175E Requirement to use service-authorised device or service-supplied device in family day care service

(1) An approved provider of 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-authorised device or 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 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-authorised device or a service-supplied device to do so.

Penalty: $6600.

(4) The following persons are specified—

(a) a staff member;

(b) a volunteer.

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