205Power to require evidence of age, name and address of person

205 Power to require evidence of age, name and address of person

(a) the national regulations require a staff member, a family day care educator or a volunteer to have attained a prescribed minimum age; and

(b) an authorised officer reasonably suspects that a person—

(i) is employed or engaged as a staff member or a family day care educator by, or is a volunteer at, an education and care service; and

(ii) has not attained that prescribed minimum age.

(2) The authorised officer may require the person to state the person's correct date of birth, whether or not when requiring the person to state the person's correct name and address.

(3) Also, the authorised officer may require the person to provide evidence of the correctness of the stated date of birth—

(a) at the time of making the requirement under subsection (2) if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth; or

(b) otherwise, within 14 days of making the requirement under subsection (2).

(4) The authorised officer may require the person to state the person's name and residential address if—

(a) the person refuses or is unable to comply with a requirement under subsection (2) or (3); or

(b) according to the date of birth the person states, or the evidence of the person's age the person gives, the person has not attained the prescribed minimum age.

Sch. s. 206 (Heading) substituted by No. 53/2025 s. 6.

206 Power of authorised officers to obtain information, documents and evidence from approved providers, nominated supervisors, staff members and volunteers

(1) An authorised officer may exercise a power under this section for any of the following purposes—

(a) monitoring compliance with this Law;

(b) a rating assessment of an approved education and care service under Part 5;

(c) obtaining information requested under section 35 or 83.

(2) An authorised officer may, by written notice, require a specified person to provide to the authorised officer, by writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice.

(3) The time specified in the notice must not be less than 14 days from the date the notice is issued.

Sch. s. 206(4) def. of specified person amended by No. 9/2017 s. 53(3).

specified person means a person who is or has been—