EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 227
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 227
227 . Compliance and enforcement information
(1) For the purposes
of section 270(5)(a) of the Law, the Regulatory Authority may publish the
information set out in subregulation (3) in relation to any enforcement
action set out in subregulation (2) and any matter prescribed in
subregulation (2A).
(2) The enforcement
actions are —
(a) a
prosecution for an offence against the Law or these Regulations leading to a
conviction or finding of guilt or a plea of guilt;
(b) the
acceptance by the Regulatory Authority of an enforceable undertaking;
(c) the
giving of a compliance notice;
(d) the
suspension or cancellation (other than a voluntary suspension or surrender) of
a provider approval or service approval;
(e) an
amendment made to a provider approval or service approval for purposes of
enforcement;
(f) the
giving of an emergency action notice under section 179 of the Law.
(2A) For the purposes
of section 270(5)(b), the following matters are prescribed —
(a)
proceedings commenced by an allegation made under section 188AB of the
Law that grounds for disciplinary action exist;
(b) any
order made in such proceedings.
(3) The following
information may be published —
(a) the
nature of the enforcement action;
(ab)
where enforcement action has been taken against the approved provider and if
the Regulatory Authority is satisfied that it is in the public interest to do
so, information which identifies a person with management or control of an
education and care service;
(b) the
details of the person in relation to whom the enforcement action was taken,
including —
(i)
the name and provider approval number of the approved
provider;
(ii)
for a centre‑based service —
(A) the address of the service; and
(AB) the service
approval number; and
(B) the name by which the service is known;
(iii)
for a family day care service —
(A) the address of the service, unless the
address is also the home address of a family day care educator; and
(B) the name by which the service is known;
(iv)
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 the Law or these Regulations 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 or finding of
guilt or a plea of guilt —
(A) the provision of the Law or these
Regulations that the person was convicted or found guilty of, or pleaded
guilty to, breaching; and
(B) the date of the conviction, finding of
guilt or the making of the plea of guilt for the offence; 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;
(ii)
for an enforceable undertaking —
(A) the terms of the enforceable
undertaking; and
(B) the date of the enforceable
undertaking; and
(C) information about any steps taken to
remedy the subject of the enforceable undertaking and the date the steps were
taken;
(iii)
for a compliance notice —
(A) the steps specified in the compliance
notice that the person must take to comply with the provision of the Law or
these Regulations; 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;
(iv)
for the amendment of a provider approval or service
approval —
(A) the details of the amendment; and
(B) the date on which the amendment took
effect;
(v)
for a suspension of a provider approval or service
approval —
(A) the date on which the suspension took
effect; and
(B) the date on which the suspension ends;
(vi)
for a cancellation of a provider approval or service
approval, the date on which the cancellation took effect;
(e) for
the matters prescribed in subregulation (2A) —
(i)
any allegation made under section 188AB of the Law
that grounds for disciplinary action exist; and
(ii)
the provision of the Law that there has been a failure,
or alleged failure, to comply with, and the circumstances of that failure, or
alleged failure; and
(iii)
any relevant dates regarding the proceedings or any order
made; and
(iv)
information about the content of any order made, and the
reasons given for the making of the order.
(4) In this
regulation, a reference to information does not include information that could
identify or lead to the identification of a child.
Note for this regulation:
1. This regulation
differs from regulation 227 of the national regulations made by the
Ministerial Council.
2. Section 270(6)
of the Law further restricts the publication of identifying information.
[Regulation 227 amended: Gazette
5 Mar 2013 p. 1108‑9; 13 Dec 2013 p.
6167‑8; 28 Sep 2018 p. 3647‑8; SL 2023/186
r. 39.]