EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 164
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 164
164 . Requirement for notice in relation to persons at residence
(1) The approved
provider of a family day care service must require each family day care
educator to notify the provider of —
(a) any
new person aged 18 years or over who resides, or intends to reside, at
the educator’s family day care residence; and
(b) any
circumstance relating to a person who resides, or intends to reside, at the
educator’s family day care residence that may affect whether the person
is a fit and proper person to be in the company of children.
Penalty: $2000.
(2) The family day
care educator must notify the approved provider of —
(a) any
new person aged 18 years or over who resides, or intends to reside, at
the educator’s family day care residence; and
(b) any
circumstance relating to a person who resides, or intends to reside, at the
educator’s family day care residence that may affect whether the person
is a fit and proper person to be in the company of children.
Penalty: $2000.
Note for this regulation:
A compliance direction
may be issued for failure to comply with subregulation (1).
(3) For the purposes
of subregulations (1)(b) and (2)(b), a circumstance that may affect
whether a person is a fit and proper person to be in the company of children
includes any of the following —
(a) the
person is charged with or convicted of any of the following —
(i)
an offence of a sexual nature;
(ii)
an offence of a violent nature;
(iii)
an offence involving drugs;
(iv)
an offence involving a weapon;
(b) the
rejection of the person’s application for any of the following, or the
revocation or suspension of any of the following held by the
person —
(i)
a working with vulnerable people check;
(ii)
a working with vulnerable people registration;
(iii)
a working with children check;
(iv)
a working with children card;
(c) the
person is prohibited from working with children.
(4) A person who
provides notification under subregulation (1)(b) or (2)(b) is not
required to provide specific details of the circumstance that they consider
may affect whether a person is a fit and proper person to be in the company of
children.
[Regulation 164 amended: Gazette
28 Sep 2018 p. 3640‑1; SL 2023/186 r. 27.]