Section 182 - Children (Education and Care Services) National Law (NSW) - Grounds for giving prohibition notice

182Grounds for giving prohibition notice

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182 Grounds for giving prohibition notice

(1) The Regulatory Authority may give a prohibition notice to a person who is in any way involved in the provision of an approved education and care service if it considers that there may be an unacceptable risk of harm to a child or children if the person were allowed—

(a) to remain on the education and care service premises; or

(b) to provide education and care to children.

(2) For the purposes of subsection (1), a person may be involved in the provision of an approved education and care service as any of the following—

(a) an approved provider;

(b) a nominated supervisor;

(c) an educator;

(d) a family day care educator;

(e) an employee;

(f) a contractor;

(g) a volunteer;

(h) a person who was formerly a person referred to in paragraphs (a) to (g) in relation to the approved education and care service—

or in any other capacity.

(3) The Regulatory Authority may give a prohibition notice to a person to—

(a) prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or

(b) impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions.