EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 163

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 163

163 .         Residents at family day care residence and family day care educator assistants to be fit and proper persons

        (1)         The approved provider of a family day care service must take reasonable steps to ensure that a person aged 18 years or over who resides at a family day care residence is a fit and proper person to be in the company of children.

        Penalty: $2000.

        (2)         The approved provider of a family day care service must take reasonable steps to ensure that a person who is a family day care educator assistant at a family day care residence or approved family day care venue is a fit and proper person to be in the company of children.

        Penalty: $2000.

        (3)         To comply with subregulation (1) or (2), the approved provider must assess each person in accordance with subregulation (4).

        (4)         Except in the case of New South Wales, Queensland, Tasmania or Victoria, the approved provider must consider one of the following in respect of the person —

            (a)         a criminal history record check issued not more than 6 months before it is considered;

            (b)         a current working with children check, working with children card or working with vulnerable people check issued on the basis of a criminal history record check;

            (c)         a current teacher registration.

        (4A)         In New South Wales or Queensland, the approved provider must consider the person’s current working with children check or working with children card.

        (4B)         In Victoria, the approved provider must consider the person’s current working with children check or current teacher registration.

        (4C)         In Tasmania, the approved provider must consider the person’s current working with vulnerable people registration.

        (5)         For the purposes of subregulation (4)(b), if a person who does not hold a working with children check or working with children card —

            (a)         attains the age of 18 years; and

            (b)         has applied for a working with children check or working with children card —

                the person is taken to hold the check or card until the application is determined.

        Note for this regulation:

                A compliance direction may be issued for failure to comply with subregulation (1) or (2).

        [Regulation 163 amended: Gazette 13 Dec 2013 p.   6165; 28 Nov 2014 p. 4408; 28 Sep 2018 p. 3640.]