223BNSW Minister may give directions [NSW]

223B NSW Minister may give directions [NSW]

223B NSW Minister may give directions [NSW]

(1) The NSW Minister may, by order, direct relevant persons to take specified action to prioritise the safety, welfare or wellbeing of children attending education and care services operated by the relevant persons.

(2) The NSW Minister may give a direction under this section only if—

(a) the NSW Minister believes on reasonable grounds giving the direction is necessary to prevent unacceptable risk to the safety of a child or children; and

(b) the NSW Minister has consulted, and considered any advice given by, the Regulatory Authority.

(3) A direction under this section takes effect on the later of the following—

(a) when the order giving the direction is made by the Minister;

(b) the date specified in the order.

(4) Notice of the giving of a direction under this section may be given to the relevant persons to whom it applies in the way the Minister considers appropriate including, for example, by electronic means or publication in the media or on a Government website.

(5) A relevant person to whom a direction under this section applies must not contravene the direction.

Penalty—

(a) for an individual—$55,000; or

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

(c) otherwise—$301,050.

(6) In this section—

relevant persons means persons involved in the provision of an approved education and care service within the meaning of section 182(2).

s 223B: Ins 2025 No 68, Sch 1[9].