110Offence relating to unauthorised persons on children's service premises

110 Offence relating to unauthorised persons on children's service premises (1) The approved provider of a children's service must ensure that a person does not remain at the children's service premises while children are being educated and cared for at the premises, unless— (a) the person is an authorised person; or (b) the person is under the direct supervision of an educator or other staff member of the service. Penalty: 5 penalty units, in the case of an individual. 25 penalty units, in any other case. (2) A nominated supervisor of a children's service must ensure that a person does not remain at the children's service premises while children are being educated and cared for at the premises, unless— (a) the person is an authorised person; or (b) the person is under the direct supervision of an educator or other staff member of the service. Penalty: 5 penalty units. ***authorised nominee***, in relation to a child, means a person who has been given permission by a parent or family member of the child to collect the child from the children's service; S. 110(3) def. of *authorised person* amended by No. 34/2020 s. 178. ***authorised person*** means a person who is— (a) a person who holds a current WWC clearance; or (b) a parent or family member of a child who is being educated and cared for by the children's service; or (c) an authorised nominee of a parent or family member of a child who is being educated and cared for by the children's service; or (d) in the case of an emergency, medical personnel or emergency service personnel; or (e) a person who is permitted under the **Worker Screening Act 2020** or a working with children law to remain at the children's service premises without holding a WWC clearance. (4) A reference in subsection (3) to a parent or family member of a child does not include a person— (a) whose access to the child is prohibited or restricted by an order of a court or tribunal of which the approved provider or nominated supervisor is aware; or (b) who is an inappropriate person within the meaning of section 111. S. 111 inserted by No. 37/2019 s. 8.