sec.182Grounds for giving prohibition notice

sec.182 Grounds for giving prohibition notice

The Regulatory Authority may give a prohibition notice to a person who is in any way involved in the provision of an approved education and care service if it considers that there may be an unacceptable risk of harm to a child or children if the person were allowed— to remain on the education and care service premises; or to provide education and care to children. For the purposes of subsection (1) , a person may be involved in the provision of an approved education and care service as any of the following— an approved provider; a nominated supervisor; an educator; a family day care educator; an employee; a contractor; a volunteer; a person who was formerly a person referred to in paragraphs (a) to (g) in relation to the approved education and care service— or in any other capacity. The Regulatory Authority may give a prohibition notice to a person to— prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions. Without limiting subsection (1) , the Regulatory Authority may give a prohibition notice to an approved provider if a related provider of the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction and the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or the related provider; and the prohibition notice is reasonably necessary to address the systemic risk. s 182 amd 2017 No. 9 (Vic) s 46 ; 2025 No. 53 (Vic) s 89 (sec.182-ssec.1) The Regulatory Authority may give a prohibition notice to a person who is in any way involved in the provision of an approved education and care service if it considers that there may be an unacceptable risk of harm to a child or children if the person were allowed— to remain on the education and care service premises; or to provide education and care to children. (sec.182-ssec.2) For the purposes of subsection (1) , a person may be involved in the provision of an approved education and care service as any of the following— an approved provider; a nominated supervisor; an educator; a family day care educator; an employee; a contractor; a volunteer; a person who was formerly a person referred to in paragraphs (a) to (g) in relation to the approved education and care service— or in any other capacity. (sec.182-ssec.3) The Regulatory Authority may give a prohibition notice to a person to— prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions. (sec.182-ssec.4) Without limiting subsection (1) , the Regulatory Authority may give a prohibition notice to an approved provider if a related provider of the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction and the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or the related provider; and the prohibition notice is reasonably necessary to address the systemic risk.