358Working with children check to be read

#### 358 Working with children check to be read 358 Working with children check to be read > > (1) The approved provider of an education and care service must read, or ensure that a nominated supervisor, or a person in day-to-day charge of the service has read, a person’s working with children check before the person is— > > > > > (a) engaged as an educator at the service; or > > > > > (b) engaged or registered as a family day care educator as part of the service; or > > > > > (c) permitted to be a volunteer at the service; or > > > > > (d) engaged or employed as a staff member (other than a person in day-to-day charge) at the service. > > > (1A) The approved provider of an education and care service must read, or ensure that a nominated supervisor has read, a person’s working with children check before the person is placed as a person in day-to-day charge of the service. > > > (1B) The approved provider of an education and care service must read a person’s working with children check before nominating that person as a nominated supervisor of the service. > > > (2) Subregulation (1) does not apply in respect of a person if— > > > > > (a) a working with children check cannot be issued for the person because of the person’s age; and > > > > > (b) the person cares for or educates children at the education and care service only under the immediate supervision of an educator who has attained the age of 18 years. > > > (3) Subregulation (1) does not apply to a person who is a volunteer and who provides education and care at the service only under the immediate supervision of an educator who has attained the age of 18 years. > > > (4) Subregulations (1), (1A) and (1B) do not apply in relation to a person who is registered as a teacher under the Education and Training Reform Act 2006 of Victoria and the approved provider, a nominated supervisor or a person in day-to-day charge of the education and care service has checked the relevant register kept under that Act to ensure that the person is registered. > > **Reg 358:** Am 2017 (543), reg 121; 2019 (631), reg 31.