sec.179AEnforceable undertakings

sec.179A Enforceable undertakings

This section applies— if a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law; or in the circumstances set out in section 27 (a) , 72 (a) or 184 (3) . If subsection (1) (a) applies, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law. Without limiting subsection (2) , if subsection (1) (a) applies in relation to a related provider of an approved provider, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law if the Regulatory Authority is satisfied that there is a systemic risk in relation to the approved provider or the related provider. If subsection (1) (b) applies in relation to the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions in relation to the education and care service. If subsection (1) (b) applies in relation to a person other than the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions in relation to an education and care service. A person may, with the consent of the Regulatory Authority, withdraw or amend an undertaking. The Regulatory Authority may withdraw its acceptance of the undertaking at any time and the undertaking ceases to be in force on that withdrawal. The Regulatory Authority may publish on the Regulatory Authority’s website an undertaking accepted under this section. s 179A ins 2017 No. 9 (Vic) s 45 amd 2025 No. 53 (Vic) s 85 (sec.179A-ssec.1) This section applies— if a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law; or in the circumstances set out in section 27 (a) , 72 (a) or 184 (3) . (sec.179A-ssec.2) If subsection (1) (a) applies, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law. (sec.179A-ssec.2A) Without limiting subsection (2) , if subsection (1) (a) applies in relation to a related provider of an approved provider, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law if the Regulatory Authority is satisfied that there is a systemic risk in relation to the approved provider or the related provider. (sec.179A-ssec.3) If subsection (1) (b) applies in relation to the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions in relation to the education and care service. (sec.179A-ssec.4) If subsection (1) (b) applies in relation to a person other than the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions in relation to an education and care service. (sec.179A-ssec.5) A person may, with the consent of the Regulatory Authority, withdraw or amend an undertaking. (sec.179A-ssec.6) The Regulatory Authority may withdraw its acceptance of the undertaking at any time and the undertaking ceases to be in force on that withdrawal. (sec.179A-ssec.7) The Regulatory Authority may publish on the Regulatory Authority’s website an undertaking accepted under this section.