216Power of Regulatory Authority to obtain information, documents and evidence at education and care service

216 Power of Regulatory Authority to obtain information, documents and evidence at education and care service (1) This section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law. (2) The Regulatory Authority may require a specified person at an education and care service— (a) to provide the Regulatory Authority, or a person acting on the Regulatory Authority's behalf, with any specified information that is relevant to the suspected offence; or (b) to produce to the Regulatory Authority, or to a person acting on the Regulatory Authority's behalf, any specified document that is relevant to the suspected offence. (3) The Regulatory Authority must— (a) warn the person that failure or refusal to comply with the requirement would constitute an offence; and (4) The Regulatory Authority must not require a person to remain at the education and care service more than a reasonable time for the purposes of providing information or producing documents under subsection (2). (5) In this section, ***specified person*** has the meaning given in section 206(4). Sch. s. 216A inserted by No. 53/2025 s. 100. 216A Power of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination (1) For the purposes of making a related provider determination in relation to an approved provider, the Regulatory Authority, by written notice, may require the approved provider— (a) to provide to the Regulatory Authority, in writing signed by that provider or, if the provider is not an individual, by a competent officer of that provider, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or (b) to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority's behalf, in accordance with the notice, any relevant document referred to in the notice; or (c) to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority's behalf, at a time and place specified in the notice, to give any evidence or to produce any relevant document specified in the notice. (a) warn the approved provider that failure or refusal to comply with the notice may constitute an offence; and (b) warn the provider about the effect of sections 217, 218 and 219. (3) The Regulatory Authority or the person specified in the notice acting on the Regulatory Authority's behalf may require the evidence referred to in subsection (1)(c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation. (4) The approved provider may give evidence under subsection (1)(c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the provider to give that evidence in person. Sch. s. 216B inserted by No. 53/2025 s. 100. 216B Power of Regulatory Authority to obtain information, documents and evidence from specified person at education and care service for the purposes of a related provider determination (1) For the purposes of making a related provider determination in relation to an approved provider or former provider, the Regulatory Authority, by written notice, may require a specified person at an education and care service— (a) to provide the Regulatory Authority, or a person acting on the Regulatory Authority's behalf, with any specified information that is relevant to the related provider determination; or (b) to produce to the Regulatory Authority, or to a person acting on the Regulatory Authority's behalf, any specified document that is relevant to the related provider determination. (2) The Regulatory Authority must— (a) warn the person that failure or refusal to comply with the requirement may constitute an offence; and (3) The Regulatory Authority must not require a specified person to remain at the education and care service for more than a reasonable time for the purposes of providing information or producing documents under subsection (1). ***specified person*** means a person who is or has been— (a) a nominated supervisor of an education and care service; or (b) a staff member of an education and care service; or (c) a volunteer at an education and care service. Sch. s. 216C inserted by No. 53/2025 s. 100.