219APower of Regulatory Authority to close services because of emergency event [NSW]

219A Power of Regulatory Authority to close services because of emergency event [NSW]

219A Power of Regulatory Authority to close services because of emergency event [NSW]

(1) This section applies if, because of an emergency event, the Regulatory Authority reasonably believes it is necessary to take any of the following actions (relevant actions) to protect children—

(a) close all education and care services and family day care services in the State;

(b) close all education and care services and family day care services in a part of the State.

(2) The Regulatory Authority may, by order, take the relevant action.

(3) An order under this section takes effect on the later of the following—

(a) when the order is made by the Regulatory Authority;

(b) the date specified in the order.

(4) An order must be published in the Gazette or on the NSW legislation website as soon as practicable after being made by the Regulatory Authority.

(5) Failure to comply with subsection (4) does not invalidate the order.

(6) Notice of the making of an order under this section may be given to approved providers or approved education and care services to which the order applies in the way the Regulatory Authority considers appropriate including, for example, by electronic means or publication in the media or on a Government website.

(7) An order remains in force—

(a) for the period specified in the order, unless revoked earlier; or

(b) if no period is specified—until revoked.

(8) An approved provider or approved education and care service must not operate an education and care service or family day care service in contravention of an emergency order.

Penalty—

(a) for an individual—$55,000; or

(b) for a large child care provider—$903,150; or

(c) otherwise—$301,050.

(9) In this section—

emergency event means an emergency due to an actual or imminent occurrence that—