sec.178CDirection requiring supervision of staff member (other than a family day care co-ordinator) or volunteer

sec.178C Direction requiring supervision of staff member (other than a family day care co-ordinator) or volunteer

The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to ensure that a staff member of the service (other than a family day care co-ordinator), or a volunteer at the service, is directly supervised while providing education and care to children as part of the service (a supervision direction ) if the Regulatory Authority is reasonably satisfied that— because of the conduct of 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 the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) . A supervision direction must specify— that the staff member of, or volunteer at, the service is to be directly supervised— by a suitably qualified and experienced person specified in subsection (3) ; and for a period of time determined by the Regulatory Authority; and details of any conditions applying to the supervision of the staff member or volunteer. The following persons are specified— a person in day-to-day charge of the service; a nominated supervisor of the service; a staff member of the service. Before giving the approved provider a supervision direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the approved provider a supervision direction; and the reasons for the proposed supervision direction; and that the approved 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 supervision 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 supervision direction; or not to give the provider a supervision direction. If, after the show cause period, the Regulatory Authority decides not to give the approved provider a supervision 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 supervision 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 supervision direction is necessary to protect the safety, health or wellbeing of the child or children. An approved provider to whom a supervision direction is given must not contravene that direction. Penalty: $20 400, in the case of an individual. $103 200, in any other case. s 178C ins 2025 No. 53 (Vic) s 84 (sec.178C-ssec.1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to ensure that a staff member of the service (other than a family day care co-ordinator), or a volunteer at the service, is directly supervised while providing education and care to children as part of the service (a supervision direction ) if the Regulatory Authority is reasonably satisfied that— because of the conduct of 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 the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) . (sec.178C-ssec.2) A supervision direction must specify— that the staff member of, or volunteer at, the service is to be directly supervised— by a suitably qualified and experienced person specified in subsection (3) ; and for a period of time determined by the Regulatory Authority; and details of any conditions applying to the supervision of the staff member or volunteer. (sec.178C-ssec.3) The following persons are specified— a person in day-to-day charge of the service; a nominated supervisor of the service; a staff member of the service. (sec.178C-ssec.4) Before giving the approved provider a supervision direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the approved provider a supervision direction; and the reasons for the proposed supervision direction; and that the approved 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 supervision direction. (sec.178C-ssec.5) 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 supervision direction; or not to give the provider a supervision direction. (sec.178C-ssec.6) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a supervision direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority’s decision. (sec.178C-ssec.7) The Regulatory Authority may immediately give the approved provider a supervision 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 supervision direction is necessary to protect the safety, health or wellbeing of the child or children. (sec.178C-ssec.8) An approved provider to whom a supervision direction is given must not contravene that direction. Penalty: $20 400, in the case of an individual. $103 200, in any other case.