Education and Care Services National Law (Queensland)
sec.175JAuthorisation to have possession or control of personal device while working directly with children
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sec.175J Authorisation to have possession or control of personal device while working directly with children
An approved provider of an education and care service (other than a family day care service) may authorise a person to have a personal device in the person’s possession or under the person’s control while the person is working directly with children as part of the service if the approved provider is reasonably satisfied that the possession or control is necessary for the purposes of— providing support or assistance with the person’s disability or health needs; or communication with a family member of the person; 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. An approved provider who authorises a personal device under subsection (1) must— record the authorisation in writing; and include the prescribed information in that written record. An approved provider must keep a written record required to be made under subsection (2) for the prescribed period. A period prescribed for the purposes of subsection (3) must be at least 3 years. s 175J ins 2025 No. 53 (Vic) s 81 (sec.175J-ssec.1) An approved provider of an education and care service (other than a family day care service) may authorise a person to have a personal device in the person’s possession or under the person’s control while the person is working directly with children as part of the service if the approved provider is reasonably satisfied that the possession or control is necessary for the purposes of— providing support or assistance with the person’s disability or health needs; or communication with a family member of the person; 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. (sec.175J-ssec.2) An approved provider who authorises a personal device under subsection (1) must— record the authorisation in writing; and include the prescribed information in that written record. (sec.175J-ssec.3) An approved provider must keep a written record required to be made under subsection (2) for the prescribed period. (sec.175J-ssec.4) A period prescribed for the purposes of subsection (3) must be at least 3 years.
- (a) providing support or assistance with the person’s disability or health needs; or
- (b) communication with a family member of the person; or
- (c) safety or the provision of education and care to the children if a service-supplied device ceases working; or
- (d) use in an emergency; or
- (e) work health and safety.
- (a) record the authorisation in writing; and
- (b) include the prescribed information in that written record.