sec.178ADirection to suspend education and care by staff member (other than a family day care educator) or volunteer

sec.178A Direction to suspend education and care by staff member (other than a family day care educator) or volunteer

The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a staff member of the service (other than a family day care educator), or by a volunteer at the service, for a period of time determined by the Regulatory Authority (a suspension direction ) if the Regulatory Authority is reasonably satisfied that— because of the conduct of, or the inadequacy of education and care provided by, the staff member or volunteer— the approved provider is not complying with any provision of this Law; or a nominated supervisor of the 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 or cared for by the service; or the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) . Before giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the provider a suspension direction; and the reasons for the proposed suspension direction; and that the provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed suspension direction. After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority— must consider any submissions from the approved provider received within the show cause period; and may consider any other submissions and any other matters the Regulatory Authority considers relevant; and may decide— to give the approved provider a suspension direction; or not to give the provider a suspension direction. If, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority’s decision. The Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that— there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and the suspension direction is necessary to protect the safety, health or wellbeing of the child or children. An approved provider to whom a suspension direction is given must not contravene that direction. Penalty: $20 400, in the case of an individual. $103 200, in any other case. s 178A ins 2025 No. 53 (Vic) s 84 (sec.178A-ssec.1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a staff member of the service (other than a family day care educator), or by a volunteer at the service, for a period of time determined by the Regulatory Authority (a suspension direction ) if the Regulatory Authority is reasonably satisfied that— because of the conduct of, or the inadequacy of education and care provided by, the staff member or volunteer— the approved provider is not complying with any provision of this Law; or a nominated supervisor of the 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 or cared for by the service; or the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) . (sec.178A-ssec.2) Before giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the provider a suspension direction; and the reasons for the proposed suspension direction; and that the provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed suspension direction. (sec.178A-ssec.3) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority— must consider any submissions from the approved provider received within the show cause period; and may consider any other submissions and any other matters the Regulatory Authority considers relevant; and may decide— to give the approved provider a suspension direction; or not to give the provider a suspension direction. (sec.178A-ssec.4) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority’s decision. (sec.178A-ssec.5) The Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that— there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and the suspension direction is necessary to protect the safety, health or wellbeing of the child or children. (sec.178A-ssec.6) An approved provider to whom a suspension direction is given must not contravene that direction. Penalty: $20 400, in the case of an individual. $103 200, in any other case.