178DDirection requiring nominated supervisor to complete training

178D Direction requiring nominated supervisor to complete training

178D Direction requiring nominated supervisor to complete training

(1) The Regulatory Authority may give a notice to a nominated supervisor of an education and care service that directs the nominated supervisor to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a training direction) if the Regulatory Authority is reasonably satisfied that—

(a) because of the conduct of the nominated supervisor—

(i) the nominated supervisor is not complying with any provision of this Law; or

(ii) the approved provider of the service is not complying with any provision of this Law; or

(b) the nominated supervisor has contravened or is alleged to have contravened section 166(2) or 166A(2) or (4).

(2) A training direction must specify details of any conditions applying to the nominated supervisor's training.

(3) Before giving the nominated supervisor a training direction, the Regulatory Authority may give the nominated supervisor a notice (show cause notice) stating—

(a) that the Regulatory Authority intends to give the nominated supervisor a training direction; and

(b) the reasons for the proposed training direction; and

(c) that the nominated supervisor may, within 14 days after the show cause notice is given (the show cause period), make submissions to the Regulatory Authority in respect of the proposed training direction.

(4) After the Regulatory Authority gives the nominated supervisor a show cause notice, the Regulatory Authority—

(a) must consider any submissions from the nominated supervisor received within the show cause period; and

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

(c) may decide—

(i) to give the nominated supervisor a training direction; or

(ii) not to give the nominated supervisor a training direction.

(5) If the Regulatory Authority decides to give the nominated supervisor a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority's decision.