QLDIn ForceAct
Public Health Act 2005
sec.184AApproved provider must ensure person in charge complies with pt 2
Start here
Get a plain-English read of sec.184A
Turn the raw legal text into a practical explanation grounded in Public Health Act 2005.
### sec.184A Approved provider must ensure person in charge complies with pt 2
An approved provider of an education and care service or QEC approved service must ensure that the person in charge of the service complies with this part.
If a person in charge of the education and care service or QEC approved service commits an offence against a provision of this part, the approved provider also commits an offence, namely, the offence of failing to ensure that the person in charge complies with the provision.
Maximum penalty—
if the approved provider is an individual—the penalty for the contravention of the provision by the person in charge; or
if the approved provider is a corporation—a penalty equal to 5 times the amount of the penalty under paragraph (a) .
Evidence that the person in charge has been convicted of an offence against a provision of this part is evidence that the approved provider committed the offence of failing to ensure that the person in charge complies with the provision.
However, it is a defence for a approved provider to prove the approved provider exercised reasonable diligence to ensure the person in charge complied with the provision.
s 184A ins 2011 No. 38 s 103
amd 2013 No. 44 s 269 sch 1 pt 2
(sec.184A-ssec.1) An approved provider of an education and care service or QEC approved service must ensure that the person in charge of the service complies with this part.
(sec.184A-ssec.2) If a person in charge of the education and care service or QEC approved service commits an offence against a provision of this part, the approved provider also commits an offence, namely, the offence of failing to ensure that the person in charge complies with the provision. Maximum penalty— if the approved provider is an individual—the penalty for the contravention of the provision by the person in charge; or if the approved provider is a corporation—a penalty equal to 5 times the amount of the penalty under paragraph (a) .
(sec.184A-ssec.3) Evidence that the person in charge has been convicted of an offence against a provision of this part is evidence that the approved provider committed the offence of failing to ensure that the person in charge complies with the provision.
(sec.184A-ssec.4) However, it is a defence for a approved provider to prove the approved provider exercised reasonable diligence to ensure the person in charge complied with the provision.
- (a) if the approved provider is an individual—the penalty for the contravention of the provision by the person in charge; or
- (b) if the approved provider is a corporation—a penalty equal to 5 times the amount of the penalty under paragraph (a) .