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Education and Care Services National Law Act 2010
182Grounds for giving prohibition notice
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182 Grounds for giving prohibition notice
(1) The Regulatory Authority may give a prohibition notice to a person who is in any way involved in the provision of an approved education and care service if it considers that there may be an unacceptable risk of harm to a child or children if the person were allowed—
(a) to remain on the education and care service premises; or
(b) to provide education and care to children.
(2) For the purposes of subsection (1), a person may be involved in the provision of an approved education and care service as any of the following—
(a) an approved provider;
Sch. s. 182(2)(b) substituted by No. 9/2017 s. 46(1)(a).
(b) a nominated supervisor;
(c) an educator;
(d) a family day care educator;
(e) an employee;
(f) a contractor;
Sch. s. 182(2)(g) substituted by No. 9/2017 s. 46(1)(b).
(g) a volunteer;
Sch. s. 182(2)(h) inserted by No. 9/2017 s. 46(1)(b).
(h) a person who was formerly a person referred to in paragraphs (a) to (g) in relation to the approved education and care service—
or in any other capacity.
Sch. s. 182(3) inserted by No. 9/2017 s. 46(2).
(3) The Regulatory Authority may give a prohibition notice to a person to—
(a) prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or
(b) impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions.
Sch. s. 182(4) inserted by No. 53/2025 s. 89.
(4) Without limiting subsection (1), the Regulatory Authority may give a prohibition notice to an approved provider if a related provider of the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction and the Regulatory Authority is satisfied that—
(a) there is a systemic risk in relation to the approved provider or the related provider; and
(b) the prohibition notice is reasonably necessary to address the systemic risk.