175HOffences relating to possession or control of personal devices—approved providers and nominated supervisors

175H Offences relating to possession or control of personal devices—approved providers and nominated supervisors

175H Offences relating to possession or control of personal devices—approved providers and nominated supervisors

(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 working directly with children as part of the service, the person does not have a personal device in the person's possession or under the person's control.

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) Subsection (1) does not apply to an approved provider if—

(a) the nominated supervisor, staff member or volunteer has the personal device in the person's possession or under the person's control—

(i) in accordance with an authorisation given by the approved provider under section 175J; or

(ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or

(iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or

(b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—

(i) providing support or assistance with the disability or health needs of the nominated supervisor, staff member or volunteer; or