188Offence to engage person to whom prohibition notice applies

188 Offence to engage person to whom prohibition notice applies

188 Offence to engage person to whom prohibition notice applies

(1) An approved provider must not engage a person as an educator, family day care educator, employee, contractor or staff member of, or allow a person to perform volunteer services for, an education and care service if the provider knows, or ought reasonably to know, a prohibition notice is in force under this Law as applying in any participating jurisdiction in respect of the person.

Penalty—

(a) for an individual—$68,700; or

(b) for a large child care provider—$1,034,100; or

(c) otherwise—$344,700.

Note—

This penalty is a substituted NSW provision.

(2) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that a prohibition notice is in force under this Law as applying in any participating jurisdiction prohibiting the nomination of that person as a nominated supervisor of an education and care service.

Penalty—

(a) for an individual—$68,700; or

(b) for a large child care provider—$1,034,100; or

(c) otherwise—$344,700.

Note—

This penalty is a substituted NSW provision.

(3) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that the nomination would place the person in contravention of a condition of a prohibition notice in force under this Law as applying in any participating jurisdiction.

Penalty—

(a) for an individual—$68,700; or

(b) for a large child care provider—$1,034,100; or

(c) otherwise—$344,700.

Note—

This penalty is a substituted NSW provision.

s 188: Am 2025 No 68, Sch 1[8].