166AOffences relating to inappropriate conduct

166A Offences relating to inappropriate conduct (1) An approved provider of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service. $172 000, in any other case. (2) A nominated supervisor of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service. (3) An approved provider of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. (4) A nominated supervisor of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. (5) A staff member of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. (6) A volunteer at an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. (7) For the purposes of subsections (1) to (6), whether or not a reasonable person would consider the conduct to be inappropriate in an education and care service depends on the circumstances. (8) For the purposes of subsection (7)— (a) the circumstances may include any of the following— (i) whether the conduct is generally accepted practice in the provision of education and care; (ii) whether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service; (iii) the child's age and stage of development; (iv) whether the conduct is sexual, aggressive or violent; and (b) it is immaterial whether— (i) the child has consented to being subjected to the conduct; or (ii) the person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or (iii) the person subjecting the child to the conduct is related to the child. (9) For the purposes of this section, filming, recording, taking or otherwise capturing an image of a child is subjecting a child to conduct. (10) For the purposes of this section, the conduct may be constituted by conduct— (a) engaged in on a single occasion; or (b) engaged in on a number of occasions over a period of time; or (c) that is part of an ongoing pattern. (11) In this section— ***conduct*** means— (a) an act; or (b) an omission to perform an act.