sec.178Notice to suspend education and care by a family day care educator

sec.178 Notice to suspend education and care by a family day care educator

This section applies if the Regulatory Authority is satisfied that because of the conduct of, or the inadequacy of the service provided by, a family day care educator engaged by or registered with a family day care service— the approved provider or a nominated supervisor of an approved family day care service is not complying with any provision of this Law; or there is a risk to the safety, health or wellbeing of children being educated and cared for by the family day care educator. The Regulatory Authority may give the approved provider, the nominated supervisor (if applicable) and the educator a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the approved provider a notice directing the provider to suspend the provision of education and care by the educator; and the reasons for the proposed direction; and that the approved provider, nominated supervisor or educator, (as the case requires) may, within 14 days after the show cause notice is given, make submissions to the Regulatory Authority in respect of the proposed direction. The show cause notice must be served by delivering it personally to the family day care educator. The Regulatory Authority— must consider any submissions from the approved provider, the nominated supervisor and the family day care educator received within the time allowed by subsection (2) (c) ; and may consider any other submissions and any matters the Regulatory Authority considers relevant; and may— give the approved provider a notice directing the provider to suspend the provision of education and care of children by the family day care educator; or decide not to give that direction. The Regulatory Authority must give the family day care educator a notice of the decision under subsection (4) . If the Regulatory Authority decides not to give the direction to suspend, the Regulatory Authority must give the approved provider notice of the decision. A person must comply with a direction under subsection (4) . Penalty: $20 400, in the case of an individual. $103 200, in any other case. s 178 amd 2017 No. 9 (Vic) s 39 (2) ; 2022 No. 43 (Vic) s 81 ; 2025 No. 53 (Vic) s 42 (sec.178-ssec.1) This section applies if the Regulatory Authority is satisfied that because of the conduct of, or the inadequacy of the service provided by, a family day care educator engaged by or registered with a family day care service— the approved provider or a nominated supervisor of an approved family day care service is not complying with any provision of this Law; or there is a risk to the safety, health or wellbeing of children being educated and cared for by the family day care educator. (sec.178-ssec.2) The Regulatory Authority may give the approved provider, the nominated supervisor (if applicable) and the educator a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the approved provider a notice directing the provider to suspend the provision of education and care by the educator; and the reasons for the proposed direction; and that the approved provider, nominated supervisor or educator, (as the case requires) may, within 14 days after the show cause notice is given, make submissions to the Regulatory Authority in respect of the proposed direction. (sec.178-ssec.3) The show cause notice must be served by delivering it personally to the family day care educator. (sec.178-ssec.4) The Regulatory Authority— must consider any submissions from the approved provider, the nominated supervisor and the family day care educator received within the time allowed by subsection (2) (c) ; and may consider any other submissions and any matters the Regulatory Authority considers relevant; and may— give the approved provider a notice directing the provider to suspend the provision of education and care of children by the family day care educator; or decide not to give that direction. (sec.178-ssec.5) The Regulatory Authority must give the family day care educator a notice of the decision under subsection (4) . (sec.178-ssec.6) If the Regulatory Authority decides not to give the direction to suspend, the Regulatory Authority must give the approved provider notice of the decision. (sec.178-ssec.7) A person must comply with a direction under subsection (4) . Penalty: $20 400, in the case of an individual. $103 200, in any other case.