83Staff members and family day care educators not to be affected by alcohol or drugs

#### 83 Staff members and family day care educators not to be affected by alcohol or drugs 83 Staff members and family day care educators not to be affected by alcohol or drugs > > (1) The approved provider of an education and care service must ensure that a nominated supervisor or a staff member of, or volunteer at, the service is not affected by alcohol or drugs (including prescription medication) so as to impair the person’s capacity to supervise or provide education and care to children being educated and cared for by the service. > > > > Penalty: $2200. > > > (2) A nominated supervisor of an education and care service must not, while educating and caring for children for the service— > > > > > (a) consume alcohol; or > > > > > (b) be affected by alcohol or drugs (including prescription medication) so as to impair the supervisor’s capacity to supervise or provide education and care to the children. > > > > Penalty: $2200. > > > (3) A family day care educator must not, while providing education and care for children as part of a family day care service— > > > > > (a) consume alcohol; or > > > > > (b) be affected by alcohol or drugs (including prescription medication) so as to impair the educator’s capacity to provide education and care to the children. > > > > Penalty: $2200. > > Note. > > A compliance direction may be issued for failure to comply with subregulation (1). > > **Reg 83:** Am 2017 (543), reg 28; 2023 (399), reg 24.