272Disclosure of information to education and care services

272 Disclosure of information to education and care services

272 Disclosure of information to education and care services

(1) The National Authority or the Regulatory Authority may disclose the following information to an approved provider, if the National Authority or Regulatory Authority considers on reasonable grounds that the provider requires the information to comply with the provider’s obligations under this Law—

(a) whether a person is or has been subject to a prohibition notice;

(b) whether a person is or has been subject to a suspension notice;

Note—

Paragraphs (a) and (b) are substituted NSW provisions.

(c) whether a person is or has been subject to a supervision notice;

(d) whether a person is or has been subject to an enforceable undertaking;

(e) whether a person is or has been subject to a disciplinary agreement or disciplinary order or has been given a disciplinary notice.

Note—

Paragraphs (c)–(e) are additional NSW provisions.

Note—

This subsection is a modified NSW provision.

(2) A disclosure of information under subsection (1) is subject to Division 1 and any protocol agreed for the purposes of this section by—

(a) the National Authority, all participating jurisdictions and the Commonwealth; and

(b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.

(3) The Regulatory Authority may disclose the following information to a recruitment agency or labour hire agency about a person the agency supplies or offers to supply to education and care services—

(a) whether the person is or has been subject to a disciplinary notice;

(b) whether the person is or has been subject to a supervision notice;

(c) whether the person is or has been subject to an enforceable undertaking;

(d) whether the person is or has been subject to a prohibition notice;