sec.175IOffences relating to possession or control of personal devices—persons working directly with children

sec.175I Offences relating to possession or control of personal devices—persons working directly with children

A nominated supervisor of an education and care service (other than a family day care service) must not have a personal device in the nominated supervisor’s possession or under the nominated supervisor’s control while the nominated supervisor is working directly with children as part of the service. Penalty: $6600. Subsection (1) does not apply to a nominated supervisor if— the nominated supervisor has the personal device in the nominated supervisor’s possession or under the nominated supervisor’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the nominated supervisor’s disability or health needs; or the nominated supervisor communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the nominated supervisor’s possession or control of the personal device. A staff member of an education and care service (other than a family day care service) must not have a personal device in the staff member’s possession or under the staff member’s control while the staff member is working directly with children as part of the service. Penalty: $6600. Subsection (3) does not apply to a staff member if— the staff member has the personal device in the staff member’s possession or under the staff member’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the staff member’s disability or health needs; or the staff member communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the staff member’s possession or control of the personal device. A volunteer at an education and care service (other than a family day care service) must not have a personal device in the volunteer’s possession or under the volunteer’s control while the volunteer is working directly with children as part of the service. Penalty: $6600. Subsection (5) does not apply to a volunteer if— the volunteer has the personal device in the person’s possession or under the person’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the volunteer’s disability or health needs; or the volunteer communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the volunteer’s possession or control of the personal device. s 175I ins 2025 No. 53 (Vic) s 81 (sec.175I-ssec.1) A nominated supervisor of an education and care service (other than a family day care service) must not have a personal device in the nominated supervisor’s possession or under the nominated supervisor’s control while the nominated supervisor is working directly with children as part of the service. Penalty: $6600. (sec.175I-ssec.2) Subsection (1) does not apply to a nominated supervisor if— the nominated supervisor has the personal device in the nominated supervisor’s possession or under the nominated supervisor’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the nominated supervisor’s disability or health needs; or the nominated supervisor communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the nominated supervisor’s possession or control of the personal device. (sec.175I-ssec.3) A staff member of an education and care service (other than a family day care service) must not have a personal device in the staff member’s possession or under the staff member’s control while the staff member is working directly with children as part of the service. Penalty: $6600. (sec.175I-ssec.4) Subsection (3) does not apply to a staff member if— the staff member has the personal device in the staff member’s possession or under the staff member’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the staff member’s disability or health needs; or the staff member communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the staff member’s possession or control of the personal device. (sec.175I-ssec.5) A volunteer at an education and care service (other than a family day care service) must not have a personal device in the volunteer’s possession or under the volunteer’s control while the volunteer is working directly with children as part of the service. Penalty: $6600. (sec.175I-ssec.6) Subsection (5) does not apply to a volunteer if— the volunteer has the personal device in the person’s possession or under the person’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the volunteer’s disability or health needs; or the volunteer communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the volunteer’s possession or control of the personal device.