sec.166AOffences relating to inappropriate conduct

sec.166A Offences relating to inappropriate conduct

An approved provider of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service. Penalty: $34 200, in the case of an individual. $172 000, in any other case. A nominated supervisor of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service. Penalty: $34 200. An approved provider of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200. A nominated supervisor of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200. A staff member of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200. A volunteer at an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200. For the purposes of subsections (1) to (6) , whether or not a reasonable person would consider the conduct to be inappropriate in an education and care service depends on the circumstances. For the purposes of subsection (7) — the circumstances may include any of the following— whether the conduct is generally accepted practice in the provision of education and care; whether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service; the child’s age and stage of development; whether the conduct is sexual, aggressive or violent; and it is immaterial whether— the child has consented to being subjected to the conduct; or the person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or the person subjecting the child to the conduct is related to the child. For the purposes of this section, filming, recording, taking or otherwise capturing an image of a child is subjecting a child to conduct. For the purposes of this section, the conduct may be constituted by conduct— engaged in on a single occasion; or engaged in on a number of occasions over a period of time; or that is part of an ongoing pattern. In this section— conduct means— an act; or an omission to perform an act. s 166A ins 2025 No. 53 (Vic) s 79 (sec.166A-ssec.1) An approved provider of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service. Penalty: $34 200, in the case of an individual. $172 000, in any other case. (sec.166A-ssec.2) A nominated supervisor of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service. Penalty: $34 200. (sec.166A-ssec.3) An approved provider of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200. (sec.166A-ssec.4) A nominated supervisor of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200. (sec.166A-ssec.5) A staff member of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200. (sec.166A-ssec.6) A volunteer at an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200. (sec.166A-ssec.7) For the purposes of subsections (1) to (6) , whether or not a reasonable person would consider the conduct to be inappropriate in an education and care service depends on the circumstances. (sec.166A-ssec.8) For the purposes of subsection (7) — the circumstances may include any of the following— whether the conduct is generally accepted practice in the provision of education and care; whether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service; the child’s age and stage of development; whether the conduct is sexual, aggressive or violent; and it is immaterial whether— the child has consented to being subjected to the conduct; or the person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or the person subjecting the child to the conduct is related to the child. (sec.166A-ssec.9) For the purposes of this section, filming, recording, taking or otherwise capturing an image of a child is subjecting a child to conduct. (sec.166A-ssec.10) For the purposes of this section, the conduct may be constituted by conduct— engaged in on a single occasion; or engaged in on a number of occasions over a period of time; or that is part of an ongoing pattern. (sec.166A-ssec.11) In this section— conduct means— an act; or an omission to perform an act.