Education and Care Services Act 2013
sec.205When information about enforcement action may be published
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sec.205 When information about enforcement action may be published
The chief executive must not publish information about an enforcement action under section 204 until— for a prosecution for an offence against this Act leading to a conviction—the end of the period within which the person convicted may appeal against the conviction; or for the giving of a compliance notice—the end of the period within which the person given the notice may apply for a review of the decision to give the notice; or for the suspension or cancellation of a provider approval or service approval—the end of the period within which the approved provider may apply for a review of the decision to suspend or cancel the approval; or for an amendment made to a provider approval or service approval for the purposes of enforcement—the end of the period within which the approved provider may apply for a review of the decision to amend the approval; or for a prohibition notice—the end of the period within which the person given the notice may apply for a review of the decision to give the notice. If the person appeals, or applies for a review— the chief executive must not publish the information until the appeal or application for review is finally dealt with or otherwise ends; and if the appeal or application for review is finally dealt with, the chief executive may publish the information only to the extent the information is consistent with the decision on appeal or review. (sec.205-ssec.1) The chief executive must not publish information about an enforcement action under section 204 until— for a prosecution for an offence against this Act leading to a conviction—the end of the period within which the person convicted may appeal against the conviction; or for the giving of a compliance notice—the end of the period within which the person given the notice may apply for a review of the decision to give the notice; or for the suspension or cancellation of a provider approval or service approval—the end of the period within which the approved provider may apply for a review of the decision to suspend or cancel the approval; or for an amendment made to a provider approval or service approval for the purposes of enforcement—the end of the period within which the approved provider may apply for a review of the decision to amend the approval; or for a prohibition notice—the end of the period within which the person given the notice may apply for a review of the decision to give the notice. (sec.205-ssec.2) If the person appeals, or applies for a review— the chief executive must not publish the information until the appeal or application for review is finally dealt with or otherwise ends; and if the appeal or application for review is finally dealt with, the chief executive may publish the information only to the extent the information is consistent with the decision on appeal or review.
- (a) for a prosecution for an offence against this Act leading to a conviction—the end of the period within which the person convicted may appeal against the conviction; or