VICIn ForceAct
Education and Care Services National Law Act 2010
216DRegulatory Authority may close services because of emergency event
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216D Regulatory Authority may close services because of emergency event
(1) This section applies if, because of an emergency event, the Regulatory Authority reasonably believes it is necessary to take any of the following actions (*relevant actions*) to protect children—
(a) close all education and care services and family day care services in Victoria;
(b) close all education and care services and family day care services in a part of Victoria.
(2) The Regulatory Authority may, by order, take the relevant action.
(3) An order under this section takes effect on the later of the following—
(a) when the order is made by the Regulatory Authority;
(b) the date specified in the order.
(4) An order must be published in the Government Gazette as soon as practicable after being made by the Regulatory Authority.
(5) Failure to comply with subsection (4) does not invalidate the order.
(6) Notice of the making of an order under this section may be given to approved providers or approved education and care services to which the order applies in the way the Regulatory Authority considers appropriate including, for example, by electronic means or publication in the media or on a Government website.
(7) An order remains in force—
(a) for the period specified in the order, unless revoked earlier; or
(b) if no period is specified—until revoked.
(8) An approved provider or approved education and care service must comply with an emergency order.
(9) In this section—
***emergency event*** means an emergency due to an actual or imminent occurrence that—
(a) endangers, or threatens to endanger, the safety or health of persons in the State; or
(b) destroys or damages, or threatens to destroy or damage, property or the environment in the State; or
(c) causes a failure of, or a significant disruption to, an essential service or infrastructure;
***emergency order*** means an order under subsection (2);
***occurrence*** includes an accident, earthquake, epidemic, explosion, fire, flood, storm, terrorist act and warlike action.".
S. 16N inserted by No. 53/2025 s. 110, amended by No. 53/2025 s. 115(2).