Education and Care Services National Law (Queensland)
sec.164AOffence relating to the education and care of children by family day care service
Start here
Get a plain-English read of sec.164A
Turn the raw legal text into a practical explanation grounded in Education and Care Services National Law (Queensland).
sec.164A Offence relating to the education and care of children by family day care service
The approved provider of a family day care service must ensure that any child being educated and cared for as part of the service is not educated and cared for by a person other than a family day care educator, except in the circumstances prescribed by the national regulations. Penalty: $34 200, in the case of an individual. $172 200, in any other case. A family day care educator must ensure that any child being educated and cared for by the educator as part of a family day care service is not educated or cared for by any other person at the family day care residence or approved family day care venue, except in the circumstances prescribed by the national regulations. Penalty: $6600. s 164A ins 2017 No. 9 (Vic) s 38 amd 2022 No. 43 (Vic) s 66 ; 2025 No. 53 (Vic) s 27 (sec.164A-ssec.1) The approved provider of a family day care service must ensure that any child being educated and cared for as part of the service is not educated and cared for by a person other than a family day care educator, except in the circumstances prescribed by the national regulations. Penalty: $34 200, in the case of an individual. $172 200, in any other case. (sec.164A-ssec.2) A family day care educator must ensure that any child being educated and cared for by the educator as part of a family day care service is not educated or cared for by any other person at the family day care residence or approved family day care venue, except in the circumstances prescribed by the national regulations. Penalty: $6600.