Part 6ADevices in education and care services

Part 6A—Devices in education and care services Division 1—Interpretation 175A—Definitions capture, in relation to an image of a child, includes to film, record or take an image of the child; personal device means a device that is— (a) owned or controlled by a person; and (b) capable of— (i) capturing an image; or (ii) storing or transmitting an image, but does not include a service‑supplied device, a service‑authorised device or a class of device that is prescribed not to be a personal device; Examples— A phone, tablet computer, camera or smartwatch is a personal device that is capable of capturing an image. A USB drive, memory card or hard drive is a personal device that is capable of storing or transmitting an image. service‑authorised device means a device authorised under section 175C(1); service‑supplied device means a device supplied under section 175B(1). Division 2—Service‑supplied devices and service‑authorised devices 175B—Approved provider may supply device for use in education and care service (1) An approved provider of an education and care service may supply a device that is to be used by a person employed, engaged or appointed at the service exclusively for the purposes of providing education and care to children as part of that service. (2) In supplying a device under subsection (1), an approved provider must ensure that the device is configured to operate in accordance with any policies or procedures of the education and care service that relate to child safety or the security of devices. 175C—Approved provider may authorise device for use in family day care services (1) An approved provider of a family day care service may authorise a device that is to be used by a person employed, engaged or appointed at the service exclusively for the purposes of providing education and care to children as part of that service. (2) In authorising a device under subsection (1), an approved provider must ensure that the device is configured to operate in accordance with any policies or procedures of the family day care service that relate to child safety or the security of devices. 175D—Requirement to use service‑supplied device in education and care service (other than family day care service) (1) An approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service‑supplied device to do so. (3) A nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service‑supplied device to do so. (4) The following persons are specified: 175E—Requirement to use service‑authorised device or service‑supplied device in family day care service (1) An approved provider of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service‑authorised device or a service‑supplied device to do so. (3) A nominated supervisor of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service‑authorised device or a service‑supplied device to do so. (4) The following persons are specified: 175F—Offences relating to capturing, storing or transmitting images of children (1) An approved provider of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the approved provider captures, stores or transmits the image of the child on a service‑supplied device for the purposes of, or in connection with, the provision of education and care services. (2) An approved provider of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the approved provider captures, stores or transmits the image of the child on a service‑supplied device or service‑authorised device for the purposes of, or in connection with, the provision of education and care services. (3) A nominated supervisor of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the nominated supervisor captures, stores or transmits the image of the child on a service‑supplied device for the purposes of, or in connection with, the provision of education and care services. (4) A nominated supervisor of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the nominated supervisor captures, stores or transmits the image of the child on a service‑supplied device or service‑authorised device for the purposes of, or in connection with, the provision of education and care services. (5) A staff member of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service‑supplied device for the purposes of, or in connection with, the provision of education and care services. (6) A staff member of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service‑supplied device or service‑authorised device for the purposes of, or in connection with, the provision of education and care services. (7) A volunteer at an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service‑supplied device for the purposes of, or in connection with, the provision of education and care services. (8) A volunteer at a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service‑supplied device or service‑authorised device for the purposes of, or in connection with, the provision of education and care services. (9) This section does not apply in relation to an image of a child that is captured, stored or transmitted at an education and care service premises by an optical surveillance device within the meaning of the Surveillance Devices Act 2004 of the Commonwealth that is installed at the service premises and authorised by the approved provider for security purposes. Division 3—Personal devices 175G—Meaning of working directly with children (1) For the purposes of this Division, a person is working directly with children at a given time if the person is— (a) physically present with a child or children at that time; and (b) employed, engaged or appointed to provide education and care to the child or children at that time. (2) For the purposes of this Division, a person is not working directly with children at a given time if the person is taking a short break from providing education or care to children in accordance with the person's employment, engagement or appointment. 175H—Offences relating to possession or control of personal devices—approved providers and nominated supervisors (1) An approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is working directly with children as part of the service, the person does not have a personal device in the person's possession or under the person's control. (3) Subsection (1) does not apply to an approved provider if— (a) the nominated supervisor, staff member or volunteer has the personal device in the person's possession or under the person's control— (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the disability or health needs of the nominated supervisor, staff member or volunteer; or (ii) the nominated supervisor, staff member or volunteer communicating with a family member; or (c) any prescribed circumstances apply in relation to the possession or control of the personal device. (4) A nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (5) is working directly with children as part of the service, the person does not have a personal device in the person's possession or under the person's control. (5) The following persons are specified: (6) Subsection (4) does not apply to a nominated supervisor if— (a) the staff member or volunteer has the personal device in the person's possession or under the person's control— (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the disability or health needs of the staff member or volunteer; or (ii) the staff member or volunteer communicating with a family member; or (c) any prescribed circumstances apply in relation to the possession or control of the personal device. 175I—Offences relating to possession or control of personal devices—persons working directly with children (1) A nominated supervisor of an education and care service (other than a family day care service) must not have a personal device in the nominated supervisor's possession or under the nominated supervisor's control while the nominated supervisor is working directly with children as part of the service. (2) Subsection (1) does not apply to a nominated supervisor if— (a) the nominated supervisor has the personal device in the nominated supervisor's possession or under the nominated supervisor's control— (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the nominated supervisor's disability or health needs; or (ii) the nominated supervisor communicating with a family member; or (c) any prescribed circumstances apply in relation to the nominated supervisor's possession or control of the personal device. (3) A staff member of an education and care service (other than a family day care service) must not have a personal device in the staff member's possession or under the staff member's control while the staff member is working directly with children as part of the service. (4) Subsection (3) does not apply to a staff member if— (a) the staff member has the personal device in the staff member's possession or under the staff member's control— (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the staff member's disability or health needs; or (ii) the staff member communicating with a family member; or (c) any prescribed circumstances apply in relation to the staff member's possession or control of the personal device. (5) A volunteer at an education and care service (other than a family day care service) must not have a personal device in the volunteer's possession or under the volunteer's control while the volunteer is working directly with children as part of the service. (6) Subsection (5) does not apply to a volunteer if— (a) the volunteer has the personal device in the person's possession or under the person's control— (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the volunteer's disability or health needs; or (ii) the volunteer communicating with a family member; or (c) any prescribed circumstances apply in relation to the volunteer's possession or control of the personal device. 175J—Authorisation to have possession or control of personal device while working directly with children (1) An approved provider of an education and care service (other than a family day care service) may authorise a person to have a personal device in the person's possession or under the person's control while the person is working directly with children as part of the service if the approved provider is reasonably satisfied that the possession or control is necessary for the purposes of— (a) providing support or assistance with the person's disability or health needs; or (b) communication with a family member of the person; or (c) safety or the provision of education and care to the children if a service‑supplied device ceases working; or (d) use in an emergency; or (e) work health and safety. (2) An approved provider who authorises a personal device under subsection (1) must— (a) record the authorisation in writing; and (b) include the prescribed information in that written record. (3) An approved provider must keep a written record required to be made under subsection (2) for the prescribed period. (4) A period prescribed for the purposes of subsection (3) must be at least 3 years. Part 7—Compliance with this Law Division 1—Notices 176—Compliance directions (1) This section applies if the Regulatory Authority is satisfied that an education and care service has not complied with a provision of this Law that is prescribed by the national regulations. (2) The Regulatory Authority may give the approved provider a written direction (a compliance direction) requiring the approved provider to take the steps specified in the direction to comply with that provision. (2A) Without limiting subsection (2), the Regulatory Authority may give an approved provider of the education and care service a written direction (a compliance direction) requiring the approved provider to take the steps specified in the direction if the Regulatory Authority is satisfied that— (b) the direction is reasonably necessary to address the systemic risk. (3) An approved provider must comply with a direction under subsection (2) or (2A) within the period (being not less than 14 days) specified in the direction. 177—Compliance notices (1) This section applies if the Regulatory Authority is satisfied that an education and care service is not complying with any provision of this Law. (2) The Regulatory Authority may give the approved provider a notice (a compliance notice) requiring the approved provider to take the steps specified in the notice to comply with that provision. (2A) Without limiting subsection (2), the Regulatory Authority may give an approved provider of the education and care service a notice (a compliance notice) requiring the approved provider to take the steps specified in the notice if the Regulatory Authority is satisfied that— (b) the notice is reasonably necessary to address the systemic risk. (3) An approved provider must comply with a compliance notice under subsection (2) or (2A) within the period (being not less than 14 days) specified in the notice. 178—Notice to suspend education and care by a family day care educator (1) This section applies if the Regulatory Authority is satisfied that because of the conduct of, or the inadequacy of the service provided by, a family day care educator engaged by or registered with a family day care service— (a) the approved provider or a nominated supervisor of an approved family day care service is not complying with any provision of this Law; or (b) there is a risk to the safety, health or wellbeing of children being educated and cared for by the family day care educator. (2) The Regulatory Authority may give the approved provider, the nominated supervisor (if applicable) and the educator a notice (show cause notice) stating— (a) that the Regulatory Authority intends to give the approved provider a notice directing the provider to suspend the provision of education and care by the educator; and (b) the reasons for the proposed direction; and (c) that the approved provider, nominated supervisor or educator, (as the case requires) may, within 14 days after the show cause notice is given, make submissions to the Regulatory Authority in respect of the proposed direction. (3) The show cause notice must be served by delivering it personally to the family day care educator. (4) The Regulatory Authority— (a) must consider any submissions from the approved provider, the nominated supervisor and the family day care educator received within the time allowed by subsection (2)(c); and (b) may consider any other submissions and any matters the Regulatory Authority considers relevant; and (c) may— (i) give the approved provider a notice directing the provider to suspend the provision of education and care of children by the family day care educator; or (ii) decide not to give that direction. (5) The Regulatory Authority must give the family day care educator a notice of the decision under subsection (4). (6) If the Regulatory Authority decides not to give the direction to suspend, the Regulatory Authority must give the approved provider notice of the decision. (7) A person must comply with a direction under subsection (4). 178A—Direction to suspend education and care by staff member (other than a family day care educator) or volunteer (1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a staff member of the service (other than a family day care educator), or by a volunteer at the service, for a period of time determined by the Regulatory Authority (a suspension direction) if the Regulatory Authority is reasonably satisfied that— (a) because of the conduct of, or the inadequacy of education and care provided by, the staff member or volunteer— (i) the approved provider is not complying with any provision of this Law; or (ii) a nominated supervisor of the service is not complying with any provision of this Law; or (iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or (2) Before giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice (show cause notice) stating— (a) that the Regulatory Authority intends to give the provider a suspension direction; and (b) the reasons for the proposed suspension direction; and (c) that the provider may, within 14 days after the show cause notice is given (the show cause period), make submissions to the Regulatory Authority in respect of the proposed suspension direction. (3) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority— (i) to give the approved provider a suspension direction; or (ii) not to give the provider a suspension direction. (4) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority's decision. (5) The Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that— (a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and (b) the suspension direction is necessary to protect the safety, health or wellbeing of the child or children. (6) An approved provider to whom a suspension direction is given must not contravene that direction. 178B—Direction to suspend education and care by nominated supervisor (1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a nominated supervisor of the service for a period of time determined by the Regulatory Authority (a suspension direction) if the Regulatory Authority is reasonably satisfied that— (a) because of the conduct of, or the inadequacy of education and care provided by, the nominated supervisor— (i) the nominated supervisor is not complying with any provision of this Law; or (ii) the approved provider is not complying with any provision of this Law; or (iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or (b) the nominated supervisor has contravened or is alleged to have contravened section 166(2) or 166A(2) or (4). (2) Before giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice (show cause notice) stating— (a) that the Regulatory Authority intends to give the provider a suspension direction; and (b) the reasons for the proposed suspension direction; and (c) that the provider may, within 14 days after the show cause notice is given (the show cause period), make submissions to the Regulatory Authority in respect of the proposed suspension direction. (3) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority— (i) to give the approved provider a suspension direction; or (ii) not to give the provider a suspension direction. (4) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority's decision. (5) The Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that— (a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and (b) the suspension direction is necessary to protect the safety, health or wellbeing of the child or children. (6) An approved provider to whom a suspension direction is given must not contravene that direction. 178C—Direction requiring supervision of staff member (other than a family day care co‑ordinator) or volunteer (1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to ensure that a staff member of the service (other than a family day care co‑ordinator), or a volunteer at the service, is directly supervised while providing education and care to children as part of the service (a supervision direction) if the Regulatory Authority is reasonably satisfied that— (a) because of the conduct of the staff member or volunteer— (i) the approved provider is not complying with any provision of this Law; or (ii) a nominated supervisor of the service is not complying with any provision of this Law; or (2) A supervision direction must specify— (a) that the staff member of, or volunteer at, the service is to be directly supervised— (i) by a suitably qualified and experienced person specified in subsection (3); and (ii) for a period of time determined by the Regulatory Authority; and (b) details of any conditions applying to the supervision of the staff member or volunteer. (3) The following persons are specified: (a) a person in day‑to‑day charge of the service; (c) a staff member of the service. (4) Before giving the approved provider a supervision direction, the Regulatory Authority may give the provider a notice (show cause notice) stating— (a) that the Regulatory Authority intends to give the approved provider a supervision direction; and (b) the reasons for the proposed supervision direction; and (c) that the approved provider may, within 14 days after the show cause notice is given (the show cause period), make submissions to the Regulatory Authority in respect of the proposed supervision direction. (5) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority— (i) to give the approved provider a supervision direction; or (ii) not to give the provider a supervision direction. (6) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a supervision direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority's decision. (7) The Regulatory Authority may immediately give the approved provider a supervision direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that— (a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and (b) the supervision direction is necessary to protect the safety, health or wellbeing of the child or children. (8) An approved provider to whom a supervision direction is given must not contravene that direction. 178D—Direction requiring nominated supervisor to complete training (1) The Regulatory Authority may give a notice to a nominated supervisor of an education and care service that directs the nominated supervisor to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a training direction) if the Regulatory Authority is reasonably satisfied that— (a) because of the conduct of the nominated supervisor— (i) the nominated supervisor is not complying with any provision of this Law; or (ii) the approved provider of the service is not complying with any provision of this Law; or (b) the nominated supervisor has contravened or is alleged to have contravened section 166(2) or 166A(2) or (4). (2) A training direction must specify details of any conditions applying to the nominated supervisor's training. (3) Before giving the nominated supervisor a training direction, the Regulatory Authority may give the nominated supervisor a notice (show cause notice) stating— (a) that the Regulatory Authority intends to give the nominated supervisor a training direction; and (b) the reasons for the proposed training direction; and (c) that the nominated supervisor may, within 14 days after the show cause notice is given (the show cause period), make submissions to the Regulatory Authority in respect of the proposed training direction. (4) After the Regulatory Authority gives the nominated supervisor a show cause notice, the Regulatory Authority— (a) must consider any submissions from the nominated supervisor received within the show cause period; and (i) to give the nominated supervisor a training direction; or (ii) not to give the nominated supervisor a training direction. (5) If the Regulatory Authority decides to give the nominated supervisor a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority's decision. (6) If, after the show cause period, the Regulatory Authority decides not to give the nominated supervisor a training direction, the Regulatory Authority must give the nominated supervisor written notice of the Regulatory Authority's decision. (7) A nominated supervisor to whom a training direction is given must not contravene that direction. 178E—Direction requiring staff member or volunteer to complete training (1) The Regulatory Authority may give a notice to a staff member of, or a volunteer at, an education and care service that directs the staff member or volunteer to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a training direction) if the Regulatory Authority is reasonably satisfied that— (a) because of the conduct of the staff member or volunteer— (i) the approved provider of the service is not complying with any provision of this Law; or (ii) the nominated supervisor of the service is not complying with any provision of this Law; or (2) A training direction must specify details of any conditions applying to the training of the staff member or volunteer. (3) Before giving the staff member or volunteer a training direction, the Regulatory Authority may give the staff member or volunteer a notice (show cause notice) stating— (a) that the Regulatory Authority intends to give the staff member or volunteer a training direction; and (b) the reasons for the proposed training direction; and (c) that the staff member or volunteer may, within 14 days after the show cause notice is given (the show cause period), make submissions to the Regulatory Authority in respect of the proposed training direction. (4) After the Regulatory Authority gives the staff member or volunteer a show cause notice, the Regulatory Authority— (a) must consider any submissions from the staff member or volunteer received within the show cause period; and (i) to give the staff member or volunteer a training direction; or (ii) not to give the staff member or volunteer a training direction. (5) If the Regulatory Authority decides to give the staff member or volunteer a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority's decision. (6) If, after the show cause period, the Regulatory Authority decides not to give the staff member or volunteer a training direction, the Regulatory Authority must give the staff member or volunteer written notice of the Regulatory Authority's decision. (7) A staff member or volunteer to whom a training direction is given must not contravene that direction. 179—Emergency action notices (1) This section applies if the Regulatory Authority is satisfied that an education and care service is operating in a manner that poses, or is likely to pose, an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by the service. (2) The Regulatory Authority may, by written notice, direct the approved provider of the education and care service to take the steps specified in the notice to remove or reduce the risk within the time (not more than 14 days) specified in the notice. (3) An approved provider must comply with a direction given under subsection (2). Division 2—Enforceable undertakings 179A—Enforceable undertakings (1) This section applies— (a) if a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law; or (b) in the circumstances set out in section 27(a), 72(a) or 184(3). (2) If subsection (1)(a) applies, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law. (2A) Without limiting subsection (2), if subsection (1)(a) applies in relation to a related provider of an approved provider, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law if the Regulatory Authority is satisfied that there is a systemic risk in relation to the approved provider or the related provider. (3) If subsection (1)(b) applies in relation to the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions in relation to the education and care service. (4) If subsection (1)(b) applies in relation to a person other than the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions in relation to an education and care service. (5) A person may, with the consent of the Regulatory Authority, withdraw or amend an undertaking. (6) The Regulatory Authority may withdraw its acceptance of the undertaking at any time and the undertaking ceases to be in force on that withdrawal. (7) The Regulatory Authority may publish on the Regulatory Authority's website an undertaking accepted under this section. 179B—Certain actions prohibited while undertaking is in force (1) While an undertaking is in force under section 179A(2) or (2A), proceedings may not be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking is given. (2) While an undertaking is in force under section 179A(3), the Regulatory Authority must not (as the case requires)— (a) suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or (b) suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or (c) give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking. (3) While an undertaking is in force under section 179A(4), the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking. 180—Certain actions prohibited if undertaking is complied with (1) If a person complies with the requirements of an undertaking under section 179A(2), no further proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. (1A) If an approved provider complies with the requirements of an undertaking under section 179A(2A), no further proceeding may be commenced for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. (2) If an approved provider complies with the requirements of an undertaking under section 179A(3), the Regulatory Authority must not (as the case requires)— (a) suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or (b) suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or (c) give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking. (3) If a person complies with the requirements of an undertaking under section 179A(4), the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking. 181—Failure to comply with enforceable undertakings (1) If the Regulatory Authority considers that a person who gave an undertaking under section 179A has failed to comply with any of its terms, the Regulatory Authority may apply to the relevant tribunal or court for an order under subsection (2) to enforce the undertaking. (2) If the relevant tribunal or court is satisfied that the person has failed to comply with a term of the undertaking, the relevant tribunal or court may make any of the following orders— (a) an order directing the person to comply with the term of the undertaking; (b) an order that the person take any specified action for the purpose of complying with the undertaking; (c) any other order that the relevant tribunal or court considers appropriate in the circumstances. (3) If the relevant tribunal or court determines that the person has failed to comply with a term of an undertaking under section 179A(2), proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. (3A) If the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A(2A), a proceeding may be commenced for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. (4) If the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A(3), the Regulatory Authority may without further notice— (a) if the undertaking was given in circumstances set out in section 27(a), suspend the provider approval under section 27; or (b) if the undertaking was given in circumstances set out in section 72(a), suspend the service approval under section 72; or (c) if the undertaking was given in circumstances set out in section 184(3), give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking. (5) If the relevant tribunal or court determines that a person has failed to comply with a term of an undertaking under section 179A(4), the Regulatory Authority may, without further notice, give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking. (6) Proceedings referred to in subsection (3) or (3A) may be brought within 6 months of the determination or within 2 years of the date of the alleged offence, whichever occurs last. Division 3—Prohibition notices 182—Grounds for giving prohibition notice (1) The Regulatory Authority may give a prohibition notice to a person who is in any way involved in the provision of an approved education and care service if it considers that there may be an unacceptable risk of harm to a child or children if the person were allowed— (a) to remain on the education and care service premises; or (b) to provide education and care to children. (2) For the purposes of subsection (1), a person may be involved in the provision of an approved education and care service as any of the following: (a) an approved provider; (b) a nominated supervisor; (c) an educator; (d) a family day care educator; (e) an employee; (f) a contractor; (g) a volunteer; (h) a person who was formerly a person referred to in paragraphs (a) to (g) in relation to the approved education and care service— or in any other capacity. (3) The Regulatory Authority may give a prohibition notice to a person to— (a) prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or (b) impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions. (4) Without limiting subsection (1), the Regulatory Authority may give a prohibition notice to an approved provider if a related provider of the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction and the Regulatory Authority is satisfied that— (a) there is a systemic risk in relation to the approved provider or the related provider; and (b) the prohibition notice is reasonably necessary to address the systemic risk. 183—Show cause notice to be given before prohibition notice (1) Before giving a person a prohibition notice, the Regulatory Authority must give the person a notice (a show cause notice)— (a) stating that the Regulatory Authority proposes to give the person a prohibition notice; and (b) stating the reasons for the proposed prohibition; and (c) inviting the person to make a written submission to the Regulatory Authority, within a stated time of at least 14 days, about the proposed prohibition. (2) Subsection (1) does not apply if the Regulatory Authority is satisfied it is necessary, in the interests of the safety, health or wellbeing of a child or children, to immediately issue a prohibition notice to the person. 184—Deciding whether to give prohibition notice (1) If the Regulatory Authority gives a show cause notice under section 183 to a person, the Regulatory Authority must have regard to any written submission received from the person within the time stated in the show cause notice before deciding whether to give the person a prohibition notice. (2) If the Regulatory Authority decides not to issue a prohibition notice to the person, the Regulatory Authority must give the person notice of the decision. (3) The Regulatory Authority may accept an undertaking from a person under section 179A instead of giving a prohibition notice under this Division. 185—Content of prohibition notice (1) A prohibition notice given to a person under section 182(1) or (4) must state that the person is prohibited from doing one or more of the following— (a) providing education and care to children for an education and care service; (b) being engaged as an educator, family day care educator, employee, contractor or staff member of, or being a volunteer at, an education and care service; (c) carrying out any other activity relating to an education and care service. (2) A prohibition notice given to a person under section 182(3) must state that either— (a) the person is prohibited from being nominated as a nominated supervisor of an education and care service; or (b) the person may only be nominated as a nominated supervisor of an education and care service on the condition or conditions specified by the Regulatory Authority in the notice. (3) A prohibition notice given to a person under section 182(1), (3) or (4) must state— (a) that the person may apply for cancellation of the notice; and (b) how an application for cancellation must be made. 186—Cancellation of prohibition notice (1) If the Regulatory Authority is satisfied there is not a sufficient reason for a prohibition notice to remain in force for a person, the Regulatory Authority must cancel the prohibition notice and give the person notice of the cancellation. (2) A person for whom a prohibition notice is in force may apply to the Regulatory Authority to cancel the notice. (c) be signed by the person. (4) The person may state in the application anything the person considers relevant to the Regulatory Authority's decision about whether there would be an unacceptable risk of harm to children if the person were— (a) to remain at the education and care service premises; or (b) to provide education and care to children. (4A) The person may state in the application anything the person considers relevant to the Regulatory Authority's decision about whether the person is a fit and proper person to be nominated as a nominated supervisor with or without conditions. (5) The application may include a statement setting out any change in the person's circumstances since the prohibition notice was given or since any previous application under this section that would warrant the cancellation of the notice. (6) The Regulatory Authority must decide the application as soon as practicable after its receipt. 187—Person must not contravene prohibition notice (1) While a prohibition notice under section 182(1) or (4) is in force under this Law as applying in any participating jurisdiction for a person, the person must not— (a) provide education and care to children for an education and care service; or (b) be engaged as an educator, family day care educator, employee, contractor or staff member of, or perform volunteer services for, an education and care service; or (c) carry out any other activity relating to education and care services. (2) While a prohibition notice under section 182(3) is in force under this Law as applying in any participating jurisdiction for a person, the person must not— (a) in the case of a prohibition notice under section 182(3)(a), consent to a nomination of that person as a nominated supervisor of an education and care service; or (b) in the case of a prohibition notice under section 182(3)(b), consent to a nomination of that person as a nominated supervisor of an education and care service in contravention of a condition or conditions stated in the prohibition notice. 188—Offence to engage person to whom prohibition notice applies (1) An approved provider must not engage a person as an educator, family day care educator, employee, contractor or staff member of, or allow a person to perform volunteer services for, an education and care service if the provider knows, or ought reasonably to know, a prohibition notice is in force under this Law as applying in any participating jurisdiction in respect of the person. (2) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that a prohibition notice is in force under this Law as applying in any participating jurisdiction prohibiting the nomination of that person as a nominated supervisor of an education and care service. (3) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that the nomination would place the person in contravention of a condition of a prohibition notice in force under this Law as applying in any participating jurisdiction. 188A—Offence to give false or misleading information to approved provider about prohibition notice A person who is subject to a prohibition notice under this Law as applying in any participating jurisdiction must not give an approved provider any information about the content or existence of the prohibition notice that is false or misleading in any material particular. 188B—Offence to make false or misleading statement to recruitment agency about prohibition notice (1) A specified person who is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction must not make a statement to a recruitment agency about the content or existence of the prohibition notice that is false or misleading in any material particular because of— (a) the inclusion in the statement of a false or misleading matter; or (b) the omission from the statement of a material matter. specified person means an individual who has entered into an agreement with a recruitment agency for the agency to procure for that individual education and care related work. Division 4—Emergency removal of children 189—Emergency removal of children (1) This section applies if the Regulatory Authority considers, on reasonable grounds, that there is an immediate danger to the safety or health of a child or children being educated and cared for by an education and care service. (2) The Regulatory Authority may remove, or cause the removal of, the child or children from the education and care service premises. (3) In exercising a power under subsection (2)— (a) the Regulatory Authority may be given such assistance by other persons (including police officers) as is reasonably required; and (b) the Regulatory Authority and any person assisting the Regulatory Authority may— (i) enter the education and care service premises, without warrant; and (ii) use reasonable force as necessary. (4) If a child is removed from the education and care service premises under subsection (2), the Regulatory Authority must ensure that the child's parents are immediately notified of the situation and the child's current location. Part 8—Review 190—Reviewable decision—internal review A reviewable decision for internal review is a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction— (a) to refuse to grant a provider approval or a service approval; or (b) to amend or refuse to amend a provider approval or a service approval; or (c) to impose a condition on a provider approval or a service approval; or (d) to suspend— (i) a provider approval under section 28; or (ii) a service approval under section 73; or (e) to refuse to consent to the transfer of a service approval; or (f) to revoke a service waiver; or (fa) to refuse to grant an approval in principle; or (fb) to amend or refuse to amend an approval in principle; or (fc) to transfer an approval in principle under section 119; or (fd) to cancel an approval in principle; or (fe) to refuse to extend an approval in principle; or (ff) to refuse to reinstate an approval in principle; or (g) to issue a compliance direction; or (h) to issue a compliance notice; or (i) to direct an approved provider of a family day care service to suspend the provision of education and care by a family day care educator under section 178; or (j) to direct an approved provider of an education and care service to suspend the provision of education and care by a staff member (other than a family day care educator) or a volunteer under section 178A; or (k) to direct an approved provider of an education and care service to suspend the provision of education and care by a nominated supervisor under section 178B; or (l) to direct an approved provider of an education and care service under section 178C to ensure that a staff member (other than a family day care co‑ordinator) or a volunteer is directly supervised while providing education and care; or (m) to direct a nominated supervisor of an education and care service to complete training under section 178D; or (n) to direct a staff member of, or a volunteer at, an education and care service to complete training under section 178E. 191—Internal review of reviewable decisions (1) A person who is the subject of a reviewable decision for internal review may apply to the Regulatory Authority in writing for review of the decision. (2) An application under subsection (1) must be made— (a) within 14 days after the day on which the person is notified of the decision; or (b) if the person is not notified of the decision, within 14 days after the person becomes aware of the decision. (3) The person who conducts the review for the Regulatory Authority must not be a person who was involved in the assessment or investigation of the person or service to whom or which the decision relates. (4) The person conducting the review may ask the person who applied for the review for further information. (5) A review under this section must be conducted within 30 days after the application is made. (6) The period specified in subsection (5) may be extended by up to 30 days— (a) if a request for further information is made under subsection (4); or (b) by agreement between the person who applied for the review and the Regulatory Authority. (7) The Regulatory Authority may, in relation to an application under subsection (1)— (a) confirm the decision; or (b) make any other decision that the Regulatory Authority thinks appropriate. Division 2—External review 192—Reviewable decision—external review A reviewable decision for external review is— (a) a decision of the Regulatory Authority made under section 191 (other than a decision in relation to the issue of a compliance direction or a compliance notice); or (b) a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction— (i) to suspend a provider approval under section 27; or (ii) to cancel a provider approval under section 33; or (iii) to suspend a service approval under section 72; or (iv) to cancel a service approval under section 79 or 307; or (vii) to give a prohibition notice or to refuse to cancel a prohibition notice. A person is not entitled to a review under this section in respect of a suspension or cancellation of a service approval if that suspension or cancellation relates only to an associated children's service. Any right of review would be under the children's services law. 193—Application for review of decision of the Regulatory Authority (1) A person who is the subject of a reviewable decision for external review may apply to the relevant tribunal or court for a review of the decision. (2) An application must be made within 30 days after the day on which the applicant is notified of the decision that is to be reviewed. (3) After hearing the matter, the relevant tribunal or court may— (a) confirm the decision of the Regulatory Authority; or (b) amend the decision of the Regulatory Authority; or (c) substitute another decision for the decision of the Regulatory Authority. (4) In determining any application under this section, the relevant tribunal or court may have regard to any decision under this Law as applying in another participating jurisdiction of a relevant tribunal or court of that jurisdiction. Division 3—General 194—Relationship with Act establishing administrative body This Part applies despite any provision to the contrary in the Act that establishes the relevant tribunal or court but does not otherwise limit that Act. Part 9—Monitoring and enforcement Division 1—Authorised officers 195—Authorisation of authorised officers (1) The Regulatory Authority may authorise any person who the Regulatory Authority is satisfied is an appropriate person to be an authorised officer for the purposes of this Law. (2) In considering whether a person is an appropriate person to be an authorised officer, the Regulatory Authority must take into account the requirements for the authorisation of authorised officers determined by the National Authority under subsection (5). (3) An authorised officer holds office on any terms and conditions stated in the authorisation. (4) A defect in the authorisation of an authorised officer does not affect the validity of any action taken or decision made by the authorised officer under this Law. (5) The National Authority may determine the requirements for the authorisation of authorised officers under this section. (6) A determination under subsection (5) must be published on the website of the National Authority. 196—Identity card (1) The Regulatory Authority must issue to each authorised officer an identity card in the form prescribed by the national regulations. (2) The identity card must identify the authorised officer as an authorised officer authorised by the Regulatory Authority under this Law. (3) An authorised officer must— (a) carry the identity card whenever the officer is exercising his or her functions under this Law; and (b) show the identity card— (i) before exercising a power of entry under this Law; and (ii) at any time during the exercise of a power under this Law when asked to do so. (4) An authorised officer who fails to comply with subsection (3)(b) in relation to the exercise of a power ceases to be authorised to exercise the power in relation to the matter. (5) An authorised officer must return his or her identity card to the Regulatory Authority on ceasing to be authorised as an authorised officer for the purposes of this Law. Division 2—Powers of entry 197—Powers of entry for assessing and monitoring approved education and care service (1) An authorised officer may exercise a power under this section for any of the following purposes: (a) monitoring compliance with this Law; (b) a rating assessment of an approved education and care service under Part 5; (c) obtaining information requested under section 35 or 83. (2) An authorised officer may, at any reasonable time and with such assistants as may reasonably be required, enter any education and care service premises and do any of the following: (a) inspect the premises and any plant, equipment, vehicle or other thing; (b) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; (c) inspect and make copies of, or take extracts from, any document kept at the premises; (d) take any document or any other thing at the premises; (e) ask a person at the premises— (i) to answer a question to the best of that person's knowledge, information and belief; or (ii) to take reasonable steps to provide information or produce a document. (3) A power under subsection (2)(a) to (d) is limited to a document or thing that is used or likely to be used in the provision of the education and care service. (4) If the authorised officer takes any document or thing under subsection (2), he or she must— (a) give notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and (b) return the document or thing to that person or the premises within 7 days after taking it. (5) An authorised officer may not, under this section, enter a residence unless— (a) an approved education and care service is operating at the residence at the time of entry; or (b) the occupier of the residence has consented in writing to the entry and the inspection. 197A—Powers of entry to family day care service premises—monitoring compliance with prescribed requirement relating to the safety, health and wellbeing of children (1) An authorised officer may exercise the powers under this section if the authorised officer reasonably believes it is necessary to do so to assess or monitor compliance of an approved provider of a family day care service with any prescribed requirement in relation to the safety, health and wellbeing of children. (2) Subject to subsections (5) and (7), an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following: (a) inspect any part of the premises; (b) inspect any plant, equipment, vehicle or other thing at the premises; (c) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; (d) inspect and make copies of, or take extracts from, any document kept at the premises; (e) take any document or any other thing at the premises; (f) ask a person at the premises— (i) to answer a question to the best of that person's knowledge, information and belief; or (ii) to take reasonable steps to provide information or produce a document. (3) An authorised officer who enters family day care service premises under this section— (a) must enter the premises during ordinary business hours; and (b) may enter the premises with such assistants as may reasonably be required. (4) Before entering the family day care service premises under this section, the authorised officer must inform the occupier of the premises of— (a) the purpose of the entry; and (b) the powers that may be exercised. (5) A power under subsection (2)(a) to (e) is limited to a document or thing that is used or likely to be used in the provision of the family day care service. (6) If the authorised officer takes any document or thing under subsection (2), the authorised officer must— (a) give notice of the taking of the document or thing to the person apparently in charge of it or to the occupier of the premises; and (b) return the document or thing to that person or the premises within 7 days after taking it. (7) An authorised officer must not enter any family day care service premises that is a family day care residence under this section unless— (a) the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and (b) at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence. (8) In this section— family day care service premises, in relation to a family day care service, means any of the following: (a) an approved family day care venue; (b) an area in a family day care residence whether or not that area is used to provide education and care to children as part of the service; (c) an area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service. A shed or garage at the same premises on which a family day care residence is located. 198—National Authority representative may enter service premises in company with Regulatory Authority (1) A person authorised by the National Authority, in company with an authorised officer, may enter premises used by an approved education and care service within the usual hours of operation of the service at those premises. (2) The entry by the person authorised by the National Authority is solely for the purpose of informing the National Authority of the rating assessment processes of the Regulatory Authority under Part 5 to assist the National Authority in promoting consistency across participating jurisdictions. 199—Powers of entry for investigating approved education and care service (1) An authorised officer may exercise the powers under this section to investigate an approved education and care service if the authorised officer reasonably suspects that an offence may have been or may be being committed against this Law. (2) The authorised officer, with any necessary assistants, may with or without the consent of the occupier of the premises, enter the education and care service premises and the education and care service premises of any related provider of the approved provider of the approved education and care service at any reasonable time and do any of the following: (b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises; (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection; (f) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation. (3) A power under subsection (2)(b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the education and care service. (4) An authorised officer may not, under this section, enter a residence unless— (a) the authorised officer reasonably believes that an approved education and care service is operating at the residence at the time of entry; or (ab) the register of family day care educators records that the approved education and care service operates at the residence at the time of entry; or (b) the occupier of the residence has consented in writing to the entry and the inspection. (5) An authorised officer must not enter the education and care service premises of a related provider of the approved provider under this section unless the authorised officer is satisfied that— (a) there is a systemic risk in relation to the approved provider; and (b) the entry is reasonably necessary to address the systemic risk. 199A—Powers of entry to family day care service premises—investigation of offences (1) An authorised officer may exercise the powers under this section to investigate a family day care service if the authorised officer reasonably suspects an offence may have been or may be being committed against this Law. (2) Subject to subsections (5) and (7), an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following: (b) inspect, measure, test, photograph or film, or make audio recordings of, anything that may afford evidence of an offence against this Law at any part of the premises; (c) take for analysis, measurement or testing a thing, or a sample of or from a thing, at the premises that may afford evidence of an offence against this Law; (d) copy, or take an extract from, a document at the premises that may afford evidence of an offence against this Law; (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this section; (f) require the occupier of the premises or a person at the premises to give the authorised officer information the authorised officer reasonably requires for exercising a power under this section. (3) An authorised officer who enters family day care service premises under this section— (a) must enter the premises during ordinary business hours; and (b) may enter the premises with such assistants as may reasonably be required. (4) Before entering the family day care service premises under this section, the authorised officer must advise the occupier of the premises of— (a) the purpose of the entry; and (b) the powers that may be exercised. (5) A power under subsection (2)(b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the family day care service. (6) If the authorised officer takes any document or thing under subsection (2), the authorised officer must— (a) give notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and (b) return the document or thing to that person or the premises within 7 days after taking it. (7) An authorised officer must not enter any family day care service premises that is a family day care residence under this section unless— (a) the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and (b) at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence. (8) An occupier of family day care service premises must not unreasonably refuse to give consent to an authorised officer under this section. (9) In this section— family day care service premises, in relation to a family day care service, means any of the following: (a) an approved family day care venue; (b) an area in a family day care residence whether or not that area is used to provide education and care to children as part of the service; (c) an area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service. A shed or garage at the same premises on which a family day care residence is located. 200—Powers of entry to business premises (1) An authorised officer may exercise powers under this section if the authorised officer reasonably suspects that documents or other evidence relevant to the possible commission of an offence against this Law by an approved provider of an education and care service are present at— (a) the principal office of the approved provider; or (b) any other business office of the approved provider; or (c) the principal office of a related provider of the approved provider; or (d) any other business office of a related provider of the approved provider. (2) The authorised officer, with the consent of the occupier of the premises, may enter the premises and do any of the following: (b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises; (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection; (f) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation. (3) An authorised officer must not enter and search the premises with the consent of the occupier unless, before the occupier consents to that entry, the authorised officer has— (a) produced his or her identity card for inspection; and (b) informed the occupier— (i) of the purpose of the search and the powers that may be exercised; and (ii) that the occupier may refuse to give consent to the entry and search or to the taking of anything found during the search; and (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search. (4) An authorised officer must not enter the principal office of a related provider of the approved provider or any other business office of a related provider of the approved provider under this section unless the authorised officer is satisfied that— (a) there is a systemic risk in relation to the approved provider; and (b) the entry is reasonably necessary to address the systemic risk. 200A—Entry to premises without search warrant (1) An authorised officer may enter any premises (including residential or business premises) for the purpose of determining whether an education and care service is operating without a service approval at or from the premises, if— (a) the authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at the premises; and (b) the occupier of the premises has consented in writing to the entry and inspection. (2) An authorised officer must not enter and search the premises under this section unless, before the occupier consents to the entry, the authorised officer has— (a) produced the authorised officer's identity card for inspection; and (b) informed the occupier— (i) of the purpose of the search and the powers that may be exercised; and (ii) that the occupier may refuse to consent to the entry and search or the taking of anything found during the search; and (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search. (3) An authorised officer who exercises a power of entry under this section may for the purposes of the investigation do any of the things referred to in clause 5(2)(a) to (e) of Schedule 2 as if a reference to that Schedule included a reference to this section. 201—Entry to premises with search warrant (1) An authorised officer under the authority of a search warrant may enter premises if the authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at or from the premises. (2) An authorised officer under the authority of a search warrant may enter any education and care service premises or any premises where the authorised officer reasonably believes that an approved education and care service is operating if the authorised officer reasonably believes that the education and care service is operating in contravention of this Law. (3) An authorised officer under the authority of a search warrant may enter the principal office of the approved provider of the service or any other business office of the approved provider of the service if the authorised officer reasonably believes that documents or other evidence relevant to the possible commission of an offence against this Law are present at those premises. (4) Schedule 2 applies in relation to the issue of the search warrant and the powers of the authorised officer on entry. 202—Seized items (1) If an authorised officer has taken a thing under section 199, 200 or 200A or under a search warrant under section 201, the authorised officer must take reasonable steps to return the thing to the person from whom it was taken if the reason for the taking no longer exists. (2) If the thing has not been returned within 60 days after it was taken, the authorised officer must take reasonable steps to return it unless— (a) proceedings have been commenced within the period of 60 days and those proceedings (including any appeal) have not been completed; or (b) a court makes an order under section 203 extending the period the thing can be retained. (3) If an authorised officer has taken a thing under section 199, 200 or 200A or under a search warrant under section 201, the authorised officer must provide the owner of the thing with reasonable access to the thing. 203—Court may extend period (1) An authorised officer may apply to a court within the period of 60 days referred to in section 202 or within a period extended by the court under this section for an extension of the period for which the thing can be held. (2) The court may order the extension if satisfied that retention of the thing is necessary— (a) for the purposes of an investigation into whether an offence has been committed; or (b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The court may adjourn an application to enable notice of the application to be given to any person. Division 3—Other powers 204—Power to require name and address (a) an authorised officer finds a person committing an offence against this Law; or (b) an authorised officer finds a person in circumstances that lead, or the authorised officer has information that leads, the officer to reasonably suspect the person is committing, or has committed, an offence against this Law. (2) The authorised officer may require the person to state the person's name and residential address. (3) The authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false. 205—Power to require evidence of age, name and address of person (a) the national regulations require a staff member, a family day care educator or a volunteer to have attained a prescribed minimum age; and (b) an authorised officer reasonably suspects that a person— (i) is employed or engaged as a staff member or a family day care educator by, or is a volunteer at, an education and care service; and (ii) has not attained that prescribed minimum age. (2) The authorised officer may require the person to state the person's correct date of birth, whether or not when requiring the person to state the person's correct name and address. (3) Also, the authorised officer may require the person to provide evidence of the correctness of the stated date of birth— (a) at the time of making the requirement under subsection (2) if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth; or (b) otherwise, within 14 days of making the requirement under subsection (2). (4) The authorised officer may require the person to state the person's name and residential address if— (a) the person refuses or is unable to comply with a requirement under subsection (2) or (3); or (b) according to the date of birth the person states, or the evidence of the person's age the person gives, the person has not attained the prescribed minimum age. 206—Power of authorised officers to obtain information, documents and evidence from approved providers, nominated supervisors, staff members and volunteers (1) An authorised officer may exercise a power under this section for any of the following purposes: (a) monitoring compliance with this Law; (b) a rating assessment of an approved education and care service under Part 5; (c) obtaining information requested under section 35 or 83. (2) An authorised officer may, by written notice, require a specified person to provide to the authorised officer, by 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. (3) The time specified in the notice must not be less than 14 days from the date the notice is issued. specified person means a person who is or has been— (a) an approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or (b) a family day care educator. 206A—Power of authorised officers to obtain information, documents and evidence from recruitment agencies (1) An authorised officer, by written notice, may require a recruitment agency to provide to the authorised officer, by writing signed by a competent officer of that agency and within the time and in the manner specified in the notice, any relevant information specified in the notice for the purposes of monitoring compliance with this Law. (2) The time specified in the notice must not be less than 14 days from the date the notice is issued. 206B—Power of authorised officers to obtain information, documents and evidence from former provider for purposes of related provider determinations (1) For the purposes of a related provider determination, an authorised officer, by written notice, may require a former provider to provide to the authorised officer any relevant information specified in the notice. (2) A former provider who is required to provide information under subsection (1) must provide that information— (a) in writing signed by that former provider or, if the former provider is not an individual, by a competent officer of that former provider; and (b) within the time specified in the notice; and (c) in the manner specified in the notice. (3) The time specified in the notice must not be less than 14 days from the date the notice is issued. Division 4—Offences relating to enforcement 207—Offence to obstruct authorised officer A person must not obstruct an authorised officer in exercising his or her powers under this Law. 208—Offence to fail to assist authorised officer A person must not, without reasonable excuse— (a) refuse to answer a question lawfully asked by an authorised officer (other than a question asked under section 197(2)(e)); or (b) refuse to provide information or produce a document lawfully required by an authorised officer; or (c) fail to comply with a requirement made by an authorised officer under clause 5(2)(f) or (g) of Schedule 2. 209—Offence to destroy or damage notices or documents A person must not, without lawful authority, destroy or damage any notice or document given or prepared or kept under this Law. 210—Offence to impersonate authorised officer A person must not impersonate an authorised officer. Penalty: $27 300. 211—Protection against self incrimination (1) An individual may refuse or fail to give information or do any other thing that the individual is required to do by or under this Law if giving the information or doing the thing might incriminate the individual. (2) However, subsection (1) does not apply to— (a) the production of a document or part of a document that is required to be kept under this Law; or (b) the giving of the individual's name or address in accordance with this Law; or (c) anything required to be done under section 215, 216, 216A or 216B. (3) Any document referred to in subsection (2)(a) that is produced by an individual or any information obtained directly or indirectly from that document produced by an individual is not admissible in evidence against the individual in any criminal proceedings (except for criminal proceedings under this Law) or in any civil proceedings. 212—Warning to be given (1) Before requiring a person to answer a question or provide information or a document under this Part or Schedule 2, an authorised officer must— (a) identify himself or herself to the person as an authorised officer by producing the officer's identity card; and (b) warn the person that a failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and (c) in the case of an individual, warn the person about the effect of section 211. (2) Nothing in this section prevents an authorised officer from obtaining and using evidence given to the authorised officer voluntarily by any person. (3) This section does not apply to a request made under section 197. 213—Occupier's consent to search (1) An occupier who consents in writing to the entry and inspection of his or her premises under Division 2 must be given a copy of the signed consent immediately. (2) If, in any proceeding, a written consent is not produced to the court, it must be presumed until the contrary is proved that the occupier did not consent to the entry and search. Division 5—Powers of Regulatory Authority 214—Powers of Regulatory Authority to obtain information for rating purposes The Regulatory Authority may, for the purpose of a rating assessment— (a) ask the approved provider of the approved education and care service for any information and documents; and (b) make any inquiries it considers appropriate. 215—Power of Regulatory Authority to obtain information, documents and evidence by notice (1) This section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law. (2) The Regulatory Authority may, by written notice, require a specified person— (a) 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 (b) 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 (c) 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. (3) The notice must— (a) warn the person that failure or refusal to comply with the notice would constitute an offence; and (b) warn the person about the effect of sections 217, 218 and 219. (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. (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. (6) In this section, specified person means— (a) 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 (b) a person who is or has been a family day care educator; or (c) a recruitment agency. 216—Power of Regulatory Authority to obtain information, documents and evidence at education and care service (1) This section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law. (2) The Regulatory Authority may require a specified person 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 suspected offence; or (b) 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 suspected offence. (3) The Regulatory Authority must— (a) warn the person that failure or refusal to comply with the requirement would constitute an offence; and (b) warn the person about the effect of sections 217, 218 and 219. (4) The Regulatory Authority must not require a person to remain at the education and care service more than a reasonable time for the purposes of providing information or producing documents under subsection (2). (5) In this section, specified person has the meaning given in section 206(4). 216A—Power of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination (1) For the purposes of making a related provider determination in relation to an approved provider, the Regulatory Authority, by written notice, may require the approved provider— (a) to provide to the Regulatory Authority, in writing signed by that provider or, if the provider is not an individual, by a competent officer of that provider, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or (b) 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 (c) 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. (a) warn the approved provider that failure or refusal to comply with the notice may constitute an offence; and (b) warn the provider about the effect of sections 217, 218 and 219. (3) 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 (1)(c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation. (4) The approved provider may give evidence under subsection (1)(c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the provider to give that evidence in person. 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 (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— (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 (b) 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. (2) The Regulatory Authority must— (a) warn the person that failure or refusal to comply with the requirement may constitute an offence; and (b) warn the person about the effect of sections 217, 218 and 219. (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). specified person means a person who is or has been— (a) a nominated supervisor of an education and care service; or (b) a staff member of an education and care service; or (c) a volunteer at an education and care service. 216C—Approved provider that is a related provider must disclose certain information to Regulatory Authority At the request of the Regulatory Authority, an approved provider who is a related provider must disclose to the Regulatory Authority within 14 days after the Regulatory Authority's request— (a) details of any arrangement entered into by the provider relating to the provider's governance or the operation of an education and care service by the provider; and (b) the prescribed information relating to the approved provider's ownership or operation. 217—Offence to fail to comply with notice or requirement A person must not refuse or fail to comply with a requirement under section 215, 216, 216A or 216B to the extent that the person is capable of complying with that requirement. 218—Offence to hinder or obstruct Regulatory Authority A person must not obstruct or hinder the Regulatory Authority in exercising a power under section 215, 216, 216A or 216B. 219—Self incrimination not an excuse (1) A person is not excused from complying with a notice or requirement under section 215, 216, 216A or 216B on the ground that complying with the notice or requirement may result in information being provided that might tend to incriminate the person. (2) Subject to subsection (3), disclosed information is not admissible in evidence against the individual in any criminal proceedings (other than proceedings under section 218 or 295) or in any civil proceedings. (3) Despite subsection (2), any information obtained from a document or documents required to be kept under this Law that is produced by a person is admissible in evidence against the person in criminal proceedings under this Law. disclosed information means— (a) the answer by an individual to any question asked under section 215, 216, 216A or 216B; or (b) the provision by an individual of any information in compliance with section 215, 216, 216A or 216B; or (c) any information obtained directly or indirectly because of that answer or the provision of that information. Part 10—Ministerial Council 220—Functions of Ministerial Council (1) The Ministerial Council has the following functions under this Law: (a) to oversee the implementation and administration of the National Quality Framework; (b) to promote uniformity in the application and enforcement of the National Quality Framework; (c) to review and approve the National Quality Standard and set specific standards for education and care services and classes of education and care services; (d) to review and approve the rating level system to be used in rating education and care services; (e) to review and approve the fee structure under this Law; (f) to review and approve new learning frameworks for the purposes of this Law; (g) to monitor the implementation and operation of, and recommend or approve amendments to, this Law; (h) to monitor the implementation and operation of the national regulations; (i) to review the education and care services to which this Law applies and recommend, or amend the national regulations to provide for, the inclusion of new classes of education and care services under this Law; (j) to appoint the members of the Board; (k) to monitor and review the performance of the National Authority; (l) any other functions given to the Ministerial Council by or under this Law. (2) The Ministerial Council must have regard to the objectives and guiding principles of the National Quality Framework in carrying out its functions. 221—Powers of Ministerial Council The Ministerial Council may— (a) make recommendations to the Board in relation to the exercise of the National Authority's functions under this Law; and (b) refer any matter to the Board for consideration and advice; and (c) make regulations in accordance with this Law; and (d) do anything necessary or convenient to be done in carrying out its functions. 222—Directions (1) The Ministerial Council may give directions to the Board in relation to the carrying out of the National Authority's functions under this Law, including the following: (a) reporting and accountability to the Ministerial Council and Regulatory Authorities; (b) the application of the National Quality Framework; (c) the rating level system to be used in rating education and care services; (d) the collection and use of information. (2) The Ministerial Council may give directions to a Regulatory Authority with respect to the administration of the National Quality Framework. (3) A direction under this section cannot be about— (a) a particular person or education and care service; or (b) a particular application, approval, notification, assessment or proceeding; or (c) the determination of a rating for a particular education and care service. (4) A direction must be in writing. (5) A direction must not be inconsistent with this Law. (6) A direction is not a legislative instrument or an instrument of a legislative character. (7) A direction to the Board under this section must be given to the Chairperson of the Board. (8) The Board or a Regulatory Authority must comply with a direction given to the Board or the Authority by the Ministerial Council under this section. 223—How Ministerial Council exercises powers (1) The Ministerial Council is to give a direction for the purposes of this Law by resolution of the Council passed in accordance with procedures determined by the Council. (2) An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council's membership.