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