EDUCATION AND CARE SERVICES ACT 2013 - SECT 204 Compliance and enforcement information

EDUCATION AND CARE SERVICES ACT 2013 - SECT 204

204 Compliance and enforcement information

(1) For section 215 , the chief executive may publish on the department’s website the information stated in subsection (3) for any enforcement action stated in subsection (2) .

(2) The enforcement actions are—

(a) a prosecution for an offence against this Act leading to a conviction; or

(b) the giving of a compliance notice; or

(c) the suspension or cancellation (other than a voluntary suspension or surrender) of a provider approval or service approval; or

(d) an amendment made to a provider approval or service approval for the purposes of enforcement; or

(e) a prohibition notice.

(3) The following information may be published on the department’s website—

(a) the nature of the enforcement action;

(b) the details of the person in relation to whom the enforcement action was taken, including—

(i) for an approved provider—the provider’s name, the address of the provider’s QEC service premises and the name under which the service is conducted; or

(ii) for a stand-alone service—the name under which the service is conducted and its address, if the service is not conducted from a home; or

(iii) for an individual—the name of the individual;

(c) the reason for taking the enforcement action, including details of the breach or alleged breach by the person of this Act and the provision that was breached or alleged to be breached;

(d) details of the enforcement action taken, including—

(i) for a prosecution leading to a conviction—

(A) the provision of this Act that the person was convicted of breaching; and

(B) the date of the conviction; and

(C) any penalty imposed for the offence; and

(D) information about any steps taken to remedy the subject of the prosecution and the date the steps were taken; or

(ii) for a compliance notice—

(A) the steps specified in the compliance notice that the person must take to comply with this Act; and

(B) the date specified in the notice by which the steps must be taken; and

(C) information about any steps taken to remedy the subject of the compliance notice and the date the steps were taken; or

(iii) for the amendment of a provider approval or service approval—

(A) the details of the amendment; and

(B) the date the amendment took effect; or

(iv) for a suspension of a provider approval or service approval—

(A) the date the suspension took effect; and

(B) the date the suspension ends; or

(v) for a cancellation of a provider approval or service approval—the date the cancellation took effect.

(4) In this section, a reference to information does not include information that could identify or lead to the identification of a child.

Note—

Section 215 (4) further restricts the publication of identifying information.