sec.216BPower of Regulatory Authority to obtain information, documents and evidence from specified person at education and care service for the purposes of a related provider determination

sec.216B Power of Regulatory Authority to obtain information, documents and evidence from specified person at education and care service for the purposes of a related provider determination

For the purposes of making a related provider determination in relation to an approved provider or former provider, the Regulatory Authority, by written notice, may require a specified person at an education and care service— to provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the related provider determination; or to produce to the Regulatory Authority, or to a person acting on the Regulatory Authority’s behalf, any specified document that is relevant to the related provider determination. The Regulatory Authority must— warn the person that failure or refusal to comply with the requirement may constitute an offence; and warn the person about the effect of sections 217 , 218 and 219 . The Regulatory Authority must not require a specified person to remain at the education and care service for more than a reasonable time for the purposes of providing information or producing documents under subsection (1) . In this section— specified person means a person who is or has been— a nominated supervisor of an education and care service; or a staff member of an education and care service; or a volunteer at an education and care service. s 216B ins 2025 No. 53 (Vic) s 100 (sec.216B-ssec.1) For the purposes of making a related provider determination in relation to an approved provider or former provider, the Regulatory Authority, by written notice, may require a specified person at an education and care service— to provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the related provider determination; or to produce to the Regulatory Authority, or to a person acting on the Regulatory Authority’s behalf, any specified document that is relevant to the related provider determination. (sec.216B-ssec.2) The Regulatory Authority must— warn the person that failure or refusal to comply with the requirement may constitute an offence; and warn the person about the effect of sections 217 , 218 and 219 . (sec.216B-ssec.3) The Regulatory Authority must not require a specified person to remain at the education and care service for more than a reasonable time for the purposes of providing information or producing documents under subsection (1) . (sec.216B-ssec.4) In this section— specified person means a person who is or has been— a nominated supervisor of an education and care service; or a staff member of an education and care service; or a volunteer at an education and care service.

• (a) to provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the related provider determination; or