175JAuthorisation to have possession or control of personal device while working directly with children

175J Authorisation to have possession or control of personal device while working directly with children (1) An approved provider of an education and care service (other than a family day care service) may authorise a person to have a personal device in the person's possession or under the person's control while the person is working directly with children as part of the service if the approved provider is reasonably satisfied that the possession or control is necessary for the purposes of— (a) providing support or assistance with the person's disability or health needs; or (b) communication with a family member of the person; or (c) safety or the provision of education and care to the children if a service-supplied device ceases working; or (d) use in an emergency; or (e) work health and safety. (2) An approved provider who authorises a personal device under subsection (1) must— (a) record the authorisation in writing; and (b) include the prescribed information in that written record. (3) An approved provider must keep a written record required to be made under subsection (2) for the prescribed period. (4) A period prescribed for the purposes of subsection (3) must be at least 3 years. Part 7—Compliance with this Law Division 1—Notices 176 Compliance directions (1) This section applies if the Regulatory Authority is satisfied that an education and care service has not complied with a provision of this Law that is prescribed by the national regulations. (2) The Regulatory Authority may give the approved provider a written direction (a ***compliance direction***) requiring the approved provider to take the steps specified in the direction to comply with that provision. Sch. s. 176(2A) inserted by No. 53/2025 s. 82(1). (2A) Without limiting subsection (2), the Regulatory Authority may give an approved provider of the education and care service a written direction (a ***compliance direction***) requiring the approved provider to take the steps specified in the direction if the Regulatory Authority is satisfied that— (b) the direction is reasonably necessary to address the systemic risk. Sch. s. 176(3) amended by Nos 43/2022 s. 79, 53/2025 ss 40, 82(2). (3) An approved provider must comply with a direction under subsection (2) or (2A) within the period (being not less than 14 days) specified in the direction.