Victorian Numbered Acts

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EDUCATION AND CARE SERVICES NATIONAL LAW AMENDMENT ACT 2017 (NO. 9 OF 2017) - SECT 40

Offence relating to unauthorised persons on education and care service premises

    (1)     For section 170(2), (3) and (4) of the National Law substitute

    "(2)     The approved provider of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless—

        (a)     the person is an authorised person; or

        (b)     the person is under the direct supervision of an educator or other staff member of the service.

Penalty:     $1000, in the case of an individual.

    $5000, in any other case.

    (3)     A nominated supervisor of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless—

        (a)     the person is an authorised person; or

        (b)     the person is under the direct supervision of an educator or other staff member of the service.

Penalty:     $1000.

    (4)     A family day care educator must ensure that a person does not remain at the family day care residence or approved family day care venue at which the educator is educating and caring for children, unless—

        (a)     the person is an authorised person; or

        (b)     the person is under the direct supervision of the educator.

Penalty:     $1000.".

    (2)     In section 170(5) of the National Law, in the definition of "unauthorised person", for " unauthorised person means a person who is not"  substitute " authorised person means a person who is".



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