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Education and Care Services National Law Act 2010
188Offence to engage person to whom prohibition notice applies
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188 Offence to engage person to whom prohibition notice applies
Sch. s. 188(1) amended by Nos 43/2022 s. 84(1), 53/2025 s. 45(1).
(1) An approved provider must not engage a person as an educator, family day care educator, employee, contractor or staff member of, or allow a person to perform volunteer services for, an education and care service if the provider knows, or ought reasonably to know, a prohibition notice is in force under this Law as applying in any participating jurisdiction in respect of the person.
Sch. s. 188(2) inserted by No. 9/2017 s. 51(2), amended by Nos 43/2022 s. 84(2), 53/2025 s. 45(2).
(2) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that a prohibition notice is in force under this Law as applying in any participating jurisdiction prohibiting the nomination of that person as a nominated supervisor of an education and care service.
Sch. s. 188(3) inserted by No. 9/2017 s. 51(2), amended by Nos 43/2022 s. 84(3), 53/2025 s. 45(3).
(3) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that the nomination would place the person in contravention of a condition of a prohibition notice in force under this Law as applying in any participating jurisdiction.
Sch. s. 188A (Heading) substituted by No. 53/2025 s. 4.
Sch. s. 188A inserted by No. 9/2017 s. 52, amended by Nos 43/2022 s. 85, 53/2025 s. 46.