189Emergency removal of children

189 Emergency removal of children

(1) This section applies if the Regulatory Authority considers, on reasonable grounds, that there is an immediate danger to the safety or health of a child or children being educated and cared for by an education and care service.

(2) The Regulatory Authority may remove, or cause the removal of, the child or children from the education and care service premises.

(3) In exercising a power under subsection (2)—

(a) the Regulatory Authority may be given such assistance by other persons (including police officers) as is reasonably required; and

(b) the Regulatory Authority and any person assisting the Regulatory Authority may—

(i) enter the education and care service premises, without warrant; and

(ii) use reasonable force as necessary.

(4) If a child is removed from the education and care service premises under subsection (2), the Regulatory Authority must ensure that the child's parents are immediately notified of the situation and the child's current location.

Part 8—Review

Division 1—Internal review

190 Reviewable decision—internal review

A reviewable decision for internal review is a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—

Sch. s. 190(a) amended by No. 9/2017 s. 53(1)(a).

(a) to refuse to grant a provider approval or a service approval; or

Sch. s. 190(b) amended by No. 9/2017 s. 53(1)(a).

(b) to amend or refuse to amend a provider approval or a service approval; or

Sch. s. 190(c) amended by No. 9/2017 s. 53(1)(a).

(c) to impose a condition on a provider approval or a service approval; or

(d) to suspend—

Sch. s. 190(d)(i) amended by No. 80/2011 s. 70(a).

(i) a provider approval under section 28; or

Sch. s. 190(d)(ii) amended by No. 80/2011 s. 70(b).

(ii) a service approval under section 73; or

Sch. s. 190(d)(iii) repealed by No. 9/2017 s. 53(1)(b).

(e) to refuse to consent to the transfer of a service approval; or

(f) to revoke a service waiver; or

Sch. s. 190(fa) inserted by No. 33/2023 s. 9.

(fa) to refuse to grant an approval in principle; or

Sch. s. 190(fb) inserted by No. 33/2023 s. 9.

(fb) to amend or refuse to amend an approval in principle; or

Sch. s. 190(fc) inserted by No. 33/2023 s. 9.

(fc) to transfer an approval in principle under section 119; or