Part 3 State regulated education and care services

Division 1 Operation of State regulated education and care services

8   Unauthorised provision of education and care service

(1)  A person must not provide a State regulated education and care service unless:

(a)  the person is an approved provider in respect of that service, and

(b)  the service is an approved education and care service.

Maximum penalty: $22,000.

(2)  A certified supervisor of a State regulated education and care service who is not the approved provider of the service does not commit an offence against this section in respect of anything done in the course of supervising that service in accordance with the supervisor certificate.

(3)  An employee or other person who provides or assists in providing a State regulated education and care service (other than a certified supervisor of the service) does not commit an offence against this section if the employee or other person is acting in accordance with directions given by the approved provider of the service or a certified supervisor of the service.

9   Advertising of unauthorised education and care service

(1)  A person must not advertise or hold out that the person is willing to provide a State regulated education and care service unless:

(a)  the person is an approved provider in respect of the service concerned, and

(b)  the particular service being advertised is an approved education and care service.

Maximum penalty: $550.

(2)  A person must not knowingly publish any advertisement inviting the attendance of children at a State regulated education and care service that is not an approved education and care service.

Maximum penalty: $550.

(3)  A person is not guilty of an offence under this section if:

(a)  the State regulated education and care service is a service that is proposed to be provided in the future, and

(b)  the person has duly applied for any provider approval or service approval required to authorise the person to provide the proposed State regulated education and care service, and

(c)  the application has not been finally determined.

10   Nomination of supervisor

(1)  An approved provider of an approved education and care service must ensure that there is at least one nominated supervisor of the approved education and care service.

(2)  The person nominated must be a person authorised by his or her supervisor certificate to supervise the operation of the approved education and care service or type of approved education and care service concerned.

(3)  A contravention of this section is a contravention of a provision of this Act.

(4)  A nominated supervisor is not required in respect of a home based education and care service.

(5)  In this section:

nominated supervisor has the same meaning as it has in the National Law Alignment Provisions.

Division 2 Provider approvals

11   Provider approvals

The National Law Alignment Provisions provide for the grant of provider approvals for State regulated education and care services and other matters relating to provider approvals.

Note. See also Division 3 of Part 4, which provides for the recognition, for the purposes of this Act, of provider approvals granted under the National Law.

12   Contravention of provider approval

An approved provider must not contravene a condition of a provider approval granted under the National Law Alignment Provisions.

Maximum penalty: $10,000 in the case of an individual or $50,000 in any other case.

Division 3 Service approvals

13   Service approvals

The National Law Alignment Provisions provide for the grant of service approvals for State regulated education and care services and other matters relating to service approvals.

14   Contravention of service approval

An approved provider must not contravene a condition of a service approval for a State regulated education and care service.

Maximum penalty: $10,000 in the case of an individual or $50,000 in any other case.

Division 4 Supervisor certificates

15   Supervisor certificates

The National Law Alignment Provisions provide for the grant of supervisor certificates in respect of State regulated education and care services and other matters relating to supervisor certificates.

16   Contravention of supervisor certificate

A person who is a certified supervisor must not contravene a condition of a supervisor certificate.

Maximum penalty: $4,000.