178ASupervision of certain persons providing education and care [NSW]

178A Supervision of certain persons providing education and care [NSW]

178A Supervision of certain persons providing education and care [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, the relevant person is not complying with any provision of this Law.

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

(a) that the Regulatory Authority intends to give the approved provider a notice directing that the relevant person must be supervised by the approved provider in providing any education and care service during the period stated in the notice; and

(b) the reasons for the proposed direction; and

(c) that relevant person or approved provider 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 issue a notice to the approved provider directing that the relevant person must be supervised by the approved provider in providing any education and care service.

(4) The Regulatory Authority—

(a) must consider any submissions from the relevant person or approved provider 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 approved provider a notice—

(A) directing that the approved provider must supervise the relevant person in providing education and care services; and

(B) setting out any conditions applying to the supervision of the relevant person; or

(ii) decide not to give that direction.

(5) If the Regulatory Authority gives a direction under subsection (4), the Regulatory Authority must, within 24 hours after giving the direction, notify the Children’s Guardian that the direction has been given.