295AOffence to enter into contracts of insurance indemnifying the payment of fines

295A Offence to enter into contracts of insurance indemnifying the payment of fines (1) An approved provider must not, without reasonable excuse, enter into a contract of insurance or other arrangement under which a relevant person is indemnified in respect of the payment of a financial penalty by the relevant person. (2) An approved provider must not, on or after the relevant day, without reasonable excuse, be a party to a contract of insurance or other arrangement under which a relevant person is indemnified in respect of the payment of a financial penalty by the relevant person. (3) A term of a contract of insurance or other arrangement is void to the extent that it purports to indemnify a relevant person in respect of the payment of a financial penalty by the relevant person. ***financial penalty*** means— (a) a fine ordered by a court to be paid on a finding of guilt for an offence against this Law or the national regulations; or (b) an amount ordered by the relevant tribunal or court to be paid under section 188F(b); ***relevant day*** means the day which is the first anniversary of the day on which section 114 of the **Early Childhood Legislation Amendment (Child Safety) Act 2025** comes into operation; ***relevant person*** means— (a) the approved provider; or (b) a nominated supervisor of an education and care service of the approved provider; or (c) a staff member of an education and care service of the approved provider; or (d) a volunteer at an education and care service of the approved provider; or (e) a person providing education and care as part of an education and care service of the approved provider.". Pt 2B Div. 2 (Heading and s. 16W) inserted by No. 53/2025 s. 114. Division 2—Large provider penalty modifications S. 16W inserted by No. 53/2025 s. 114.