261APower of Regulatory Authority to give directions [NSW]

261A Power of Regulatory Authority to give directions [NSW]

261A Power of Regulatory Authority to give directions [NSW]

(1) The Regulatory Authority may, by order, direct relevant persons to take action specified in the order for the safety, welfare or wellbeing of a child or children to whom education and care is provided by the relevant persons.

(2) The Regulatory Authority may give a direction under this section only if the Regulatory Authority has reasonable grounds to believe giving the direction is necessary to prevent unacceptable risk to the safety, welfare or wellbeing of a child or children to whom education and care is provided by the relevant persons.

(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 Regulatory Authority;

(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 Regulatory Authority 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—$34,200; or

(b) for a large child care provider—$516,000; or

(c) otherwise—$172,000.

(6) In this section—

relevant persons means the following persons—

(a) persons involved in the provision of an approved education and care service within the meaning of section 182(2);

(b) recruitment agencies or labour hire agencies, or employees of recruitment agencies or labour hire agencies, that supply educators to education and care services.

Note—

This section is an additional NSW provision.

s 261A: Ins 2025 No 68, Sch 1[9].