Education and Care Services Act 2013
sec.190Suitability of persons in home in which stand-alone education and care is provided
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sec.190 Suitability of persons in home in which stand-alone education and care is provided
An authorised officer may ask a carer who provides stand-alone education and care in a home to ensure a person makes a working with children check application if the officer knows, or reasonably suspects, the person is an occupant of the home. See also the Working with Children Check Act 2000 , schedule 1 , section 4 (2) . When asking the carer to ensure the person makes the application, the authorised officer must warn the carer that, if the person does not make the working with children check application within 14 days, the officer may give a direction that education and care must not be provided in the home. Subsection (4) applies if— the person does not make the working with children check application within 14 days; or the person makes the working with children check application within 14 days but it is withdrawn before it is decided. The authorised officer may give a notice to the carer directing the carer not to provide education and care in the home. Under section 133 , it is an offence for a carer in a stand-alone service to provide education and care at a home if a notice under this section is in force. If, at any time, an authorised officer learns that each occupant of a home in relation to whom a request has been made under subsection (1) holds a working with children authority, the officer must cancel each notice given under subsection (4) in relation to the home. If an authorised officer cancels a notice given to a person under subsection (4) , the officer must notify the person of the cancellation as soon as is practicable unless, after making reasonable enquiries, the officer can not locate the person. This section applies only in relation to an occupant of a home who is an adult. s 190 amd 2019 No. 18 s 86 (2) sch 2 ; 2024 No. 49 s 130 sch 4 pt 2 (sec.190-ssec.1) An authorised officer may ask a carer who provides stand-alone education and care in a home to ensure a person makes a working with children check application if the officer knows, or reasonably suspects, the person is an occupant of the home. See also the Working with Children Check Act 2000 , schedule 1 , section 4 (2) . (sec.190-ssec.2) When asking the carer to ensure the person makes the application, the authorised officer must warn the carer that, if the person does not make the working with children check application within 14 days, the officer may give a direction that education and care must not be provided in the home. (sec.190-ssec.3) Subsection (4) applies if— the person does not make the working with children check application within 14 days; or the person makes the working with children check application within 14 days but it is withdrawn before it is decided. (sec.190-ssec.4) The authorised officer may give a notice to the carer directing the carer not to provide education and care in the home. Under section 133 , it is an offence for a carer in a stand-alone service to provide education and care at a home if a notice under this section is in force. (sec.190-ssec.5) If, at any time, an authorised officer learns that each occupant of a home in relation to whom a request has been made under subsection (1) holds a working with children authority, the officer must cancel each notice given under subsection (4) in relation to the home. (sec.190-ssec.6) If an authorised officer cancels a notice given to a person under subsection (4) , the officer must notify the person of the cancellation as soon as is practicable unless, after making reasonable enquiries, the officer can not locate the person. (sec.190-ssec.7) This section applies only in relation to an occupant of a home who is an adult.