sec.215Power of Regulatory Authority to obtain information, documents and evidence by notice

sec.215 Power of Regulatory Authority to obtain information, documents and evidence by notice

This section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law. The Regulatory Authority may, by written notice, require a specified person— to provide to the Regulatory Authority, in writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice to give any evidence or to produce any relevant document specified in the notice. The notice must— warn the person that failure or refusal to comply with the notice would constitute an offence; and warn the person about the effect of sections 217 , 218 and 219 . The Regulatory Authority or the person specified in the notice acting on the Regulatory Authority’s behalf may require the evidence referred to in subsection (2) (c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation. The person may give evidence under subsection (2) (c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the person to give that evidence in person. In this section, specified person means— a person who is or has been an approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or a person who is or has been a family day care educator; or a recruitment agency. s 215 amd 2025 No. 53 (Vic) s 8 (sec.215-ssec.1) This section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law. (sec.215-ssec.2) The Regulatory Authority may, by written notice, require a specified person— to provide to the Regulatory Authority, in writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice to give any evidence or to produce any relevant document specified in the notice. (sec.215-ssec.3) The notice must— warn the person that failure or refusal to comply with the notice would constitute an offence; and warn the person about the effect of sections 217 , 218 and 219 . (sec.215-ssec.4) The Regulatory Authority or the person specified in the notice acting on the Regulatory Authority’s behalf may require the evidence referred to in subsection (2) (c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation. (sec.215-ssec.5) The person may give evidence under subsection (2) (c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the person to give that evidence in person. (sec.215-ssec.6) In this section, specified person means— a person who is or has been an approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or a person who is or has been a family day care educator; or a recruitment agency.