sec.176Compliance directions

sec.176 Compliance directions

This section applies if the Regulatory Authority is satisfied that an education and care service has not complied with a provision of this Law that is prescribed by the national regulations. The Regulatory Authority may give the approved provider a written direction (a compliance direction ) requiring the approved provider to take the steps specified in the direction to comply with that provision. Without limiting subsection (2) , the Regulatory Authority may give an approved provider of the education and care service a written direction (a compliance direction ) requiring the approved provider to take the steps specified in the direction if the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and the direction is reasonably necessary to address the systemic risk. An approved provider must comply with a direction under subsection (2) or (2A) within the period (being not less than 14 days) specified in the direction. Penalty: $6600, in the case of an individual. $34 200, in any other case. s 176 amd 2022 No. 43 (Vic) s 79 ; 2025 No. 53 (Vic) ss 40 , 82 (sec.176-ssec.1) This section applies if the Regulatory Authority is satisfied that an education and care service has not complied with a provision of this Law that is prescribed by the national regulations. (sec.176-ssec.2) The Regulatory Authority may give the approved provider a written direction (a compliance direction ) requiring the approved provider to take the steps specified in the direction to comply with that provision. (sec.176-ssec.2A) Without limiting subsection (2) , the Regulatory Authority may give an approved provider of the education and care service a written direction (a compliance direction ) requiring the approved provider to take the steps specified in the direction if the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and the direction is reasonably necessary to address the systemic risk. (sec.176-ssec.3) An approved provider must comply with a direction under subsection (2) or (2A) within the period (being not less than 14 days) specified in the direction. Penalty: $6600, in the case of an individual. $34 200, in any other case.

• (a) there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and
• (b) the direction is reasonably necessary to address the systemic risk.