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Education and Care Services National Law Act 2010
178EDirection requiring staff member or volunteer to complete training
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178E Direction requiring staff member or volunteer to complete training
(1) The Regulatory Authority may give a notice to a staff member of, or a volunteer at, an education and care service that directs the staff member or volunteer to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a ***training direction***) if the Regulatory Authority is reasonably satisfied that—
(a) because of the conduct of the staff member or volunteer—
(i) the approved provider of the service is not complying with any provision of this Law; or
(ii) the nominated supervisor of the service is not complying with any provision of this Law; or
(b) the staff member or volunteer has contravened or is alleged to have contravened section 166(3) or 166A(5) or (6).
(2) A training direction must specify details of any conditions applying to the training of the staff member or volunteer.
(3) Before giving the staff member or volunteer a training direction, the Regulatory Authority may give the staff member or volunteer a notice (***show cause notice***) stating—
(a) that the Regulatory Authority intends to give the staff member or volunteer a training direction; and
(b) the reasons for the proposed training direction; and
(c) that the staff member or volunteer may, within 14 days after the show cause notice is given (the ***show cause period***), make submissions to the Regulatory Authority in respect of the proposed training direction.
(4) After the Regulatory Authority gives the staff member or volunteer a show cause notice, the Regulatory Authority—
(a) must consider any submissions from the staff member or volunteer received within the show cause period; and
(i) to give the staff member or volunteer a training direction; or
(ii) not to give the staff member or volunteer a training direction.
(5) If the Regulatory Authority decides to give the staff member or volunteer a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority's decision.
(6) If, after the show cause period, the Regulatory Authority decides not to give the staff member or volunteer a training direction, the Regulatory Authority must give the staff member or volunteer written notice of the Regulatory Authority's decision.
(7) A staff member or volunteer to whom a training direction is given must not contravene that direction.