178Suspension of education and care by certain persons [NSW]

178 Suspension of education and care by certain persons [NSW]

178 Suspension of education and care by certain persons [NSW]

(1) This section applies if the Regulatory Authority is satisfied that, because of the conduct of, or the inadequacy of the service provided by, a relevant person—

(a) the relevant person is not complying with any provision of this Law; or

(b) there is a risk to the safety, health or wellbeing of children being educated and cared for by the approved provider or education and care service.

(2) The Regulatory Authority may give the relevant person a notice (a show cause notice) stating—

(a) the Regulatory Authority intends to give the relevant person a notice directing the relevant person that the person is suspended from working in, or being involved in the provision of, any education and care service during the period of suspension; and

(b) the reasons for the proposed direction; and

(c) that the relevant person may, within 14 days after the show cause notice is given, make submissions to the Regulatory Authority in relation to the proposed direction.

(3) Subsection (2) does not apply if the Regulatory Authority is satisfied it is necessary, in the interests of the safety, welfare or wellbeing of a child or children, to immediately suspend the relevant person from working in, or being involved in the provision of, any education and care service.

(4) The Regulatory Authority—

(a) must consider any submissions from the relevant person received within the time allowed by subsection (2)(c); and

(b) may consider any other submissions and any matters the Regulatory Authority considers relevant; and

(c) may—

(i) give the relevant person a notice directing the relevant person that—

(A) the person is suspended from being a person involved in education and care services; and

(B) the person must not enter any education and care service premises during the period of suspension, unless the person has another lawful reason for being on the premises; and

Example—

The person is the parent of a child being educated or cared for at the premises and the person has not been prohibited or restricted from entering the premises by an order of a court or tribunal.