Victorian Numbered Acts Victorian Numbered ActsFor Division 2 of Part 7 of the National Law substitute —
(1) This section applies—
(a) if a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law; or
(b) in the circumstances set out in section 27(a), 72(a) or 184(3).
(2) If subsection (1)(a) applies, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law.
(3) If subsection (1)(b) applies in relation to the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions in relation to the education and care service.
(4) If subsection (1)(b) applies in relation to a person other than the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions in relation to an education and care service.
(5) A person may, with the consent of the Regulatory Authority, withdraw or amend an undertaking.
(6) The Regulatory Authority may withdraw its acceptance of the undertaking at any time and the undertaking ceases to be in force on that withdrawal.
(7) The Regulatory Authority may publish on the Regulatory Authority's website an undertaking accepted under this section.
(1) While an undertaking is in force under section 179A(2), proceedings may not be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking is given.
(2) While an undertaking is in force under section 179A(3), the Regulatory Authority must not (as the case requires)—
(a) suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or
(b) suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or
(c) give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.
(3) While an undertaking is in force under section 179A(4), the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.
(1) If a person complies with the requirements of an undertaking under section 179A(2), no further proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.
(2) If an approved provider complies with the requirements of an undertaking under section 179A(3), the Regulatory Authority must not (as the case requires)—
(a) suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or
(b) suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or
(c) give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.
(3) If a person complies with the requirements of an undertaking under section 179A(4), the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.
(1) If the Regulatory Authority considers that a person who gave an undertaking under section 179A has failed to comply with any of its terms, the Regulatory Authority may apply to the relevant tribunal or court for an order under subsection (2) to enforce the undertaking.
(2) If the relevant tribunal or court is satisfied that the person has failed to comply with a term of the undertaking, the relevant tribunal or court may make any of the following orders—
(a) an order directing the person to comply with the term of the undertaking;
(b) an order that the person take any specified action for the purpose of complying with the undertaking;
(c) any other order that the relevant tribunal or court considers appropriate in the circumstances.
(3) If the relevant tribunal or court determines that the person has failed to comply with a term of an undertaking under section 179A(2), proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.
(4) If the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A(3), the Regulatory Authority may without further notice—
(a) if the undertaking was given in circumstances set out in section 27(a) , suspend the provider approval under section 27; or
(b) if the undertaking was given in circumstances set out in section 72(a) , suspend the service approval under section 72; or
(c) if the undertaking was given in circumstances set out in section 184(3), give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.
(5) If the relevant tribunal or court determines that a person has failed to comply with a term of an undertaking under section 179A(4), the Regulatory Authority may, without further notice, give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.
(6) Proceedings referred to in subsection (3) may be brought within 6 months of the determination or within 2 years of the date of the alleged offence, whichever occurs last.".