Part 6of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 174A there were inserted—

Part 6 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 174A there were inserted— "174B Offence for approved provider to fail to notify Regulatory Authority of any reportable sexual conduct committed by relevant staff members (1) An approved provider must notify the Regulatory Authority, in writing, of any reportable sexual conduct within the relevant prescribed time after becoming aware of that reportable sexual conduct. $206 100, in the case of a large provider. (2) A notice under subsection (1) must contain the prescribed information. ***relevant staff member***, of an approved provider, means— (a) a nominated supervisor of an education and care service operated by the approved provider; (b) an educator who provides education and care for children as part of an education and care service operated by the approved provider; (c) a family day educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue operated by the approved provider; (d) a person (other than a person referred to in paragraph (a), (b) or (c)) employed or engaged to perform work or provide services at an education and care service operated by the approved provider; or (e) a volunteer at an education and care service operated by the approved provider; ***reportable sexual conduct*** means— (a) a sexual offence committed by a relevant staff member of an approved provider against, with or in the presence of, a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded; or (b) sexual misconduct, committed by a relevant staff member of an approved provider against, with or in the presence of, a child; ***sexual misconduct*** includes behaviour, physical contact or speech or other communication of a sexual nature, inappropriate touching, grooming behaviour and voyeurism; ***sexual offence*** means an offence referred to in clause 1 of Schedule 1 to the **Sentencing Act 1991**.". S. 16HB inserted by No. 53/2025 s. 118. 16HB Directions to cease providing education and care for period determined by Regulatory Authority Division 1 of Part 7 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 178B there were inserted— "178BA Directions to cease providing education and care for period determined by Regulatory Authority (1) This section applies if the Regulatory Authority is reasonably satisfied that— (a) any of the following persons is not complying with any provision of this Law— (i) a nominated supervisor of an education and care service; (ii) a staff member of an education and care service; (iii) a volunteer at an education and care service; or (b) there is a risk to the safety, health or wellbeing of children being educated and cared for at an education and care service if any of the following persons continue to provide education and care at the education and care service— (i) a nominated supervisor of the education and care service; (ii) a staff member of the education and care service; (iii) a volunteer at the education and care service. (2) The Regulatory Authority may give a notice to the person that directs the person to cease providing education and care for a period of time determined by the Regulatory Authority (a *suspension direction*). (3) Before giving the person a suspension direction under subsection (2), the Regulatory Authority may give the person a notice (*show cause notice*) stating— (a) that the Regulatory Authority intends to give the person a suspension direction under subsection (2); and (c) that the person may, within 14 days after the show cause notice is given (the ***show cause period***), make submissions to the Regulatory Authority in respect of the proposed suspension direction. (4) If the Regulatory Authority gives the person a show cause notice, the Regulatory Authority— (a) must consider any submissions from the person received within the show cause period; and (i) to give the person a suspension direction; or (ii) not to give the person a suspension direction. (5) If, after the show cause period, the Regulatory Authority decides not to give the person a suspension direction, the Regulatory Authority must give the person written notice of the Regulatory Authority's decision. (6) The Regulatory Authority may immediately give the person a suspension direction without giving the person a show cause notice if the Regulatory Authority is reasonably satisfied that— (a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the person; and (b) the notice is necessary to protect the safety, health or wellbeing of the child or children. (7) A person to whom a suspension direction is given must comply with that direction. Penalty: $20 400.". S. 16I inserted by No. 53/2025 s. 110.