164Requirement for notice in relation to persons at residence

#### 164 Requirement for notice in relation to persons at residence 164 Requirement for notice in relation to persons at residence > > (1) The approved provider of a family day care service must require each family day care educator to notify the provider of— > > > > > (a) any new person aged 18 years or over who resides, or intends to reside, at the educator’s family day care residence; and > > > > > (b) any circumstance relating to a person who resides, or intends to reside, at the educator’s family day care residence that may affect whether the person is a fit and proper person to be in the company of children. > > > > Penalty: $2200. > > > (2) The family day care educator must notify the approved provider of— > > > > > (a) any new person aged 18 years or over who resides, or intends to reside, at the educator’s family day care residence; and > > > > > (b) any circumstance relating to a person who resides, or intends to reside, at the educator’s family day care residence that may affect whether the person is a fit and proper person to be in the company of children. > > > > Penalty: $2200. > > > (3) For the purposes of subregulations (1)(b) and (2)(b), a circumstance that may affect whether a person is a fit and proper person to be in the company of children includes any of the following— > > > > > (a) the person is charged with or convicted of any of the following— > > > > > > > (i) an offence of a sexual nature; > > > > > > > (i) an offence of a violent nature; > > > > > > > (iii) an offence involving drugs; > > > > > > > (iv) an offence involving a weapon; > > > > > (b) the rejection of the person’s application for any of the following, or the revocation or suspension of any of the following held by the person— > > > > > > > (i) a working with vulnerable people check; > > > > > > > (ii) a working with vulnerable people registration; > > > > > > > (iii) a working with children check; > > > > > > > (iv) a working with children card; > > > > > (c) the person is prohibited from working with children. > > > (4) A person who provides notification under subregulation (1)(b) or (2)(b) is not required to provide specific details of the circumstance that they consider may affect whether a person is a fit and proper person to be in the company of children. > > Note. > > A compliance direction may be issued for failure to comply with subregulation (1). > > **Reg 164:** Am 2017 (543), reg 57; 2023 (399), reg 61.