Education and Care Services National Regulations
Current version for 31 December 2019 to date (accessed 6 June 2020 at 01:58)
Chapter 7 Part 7.8 Division 3 Regulation 358
358   Working with children check to be read
(1)  The approved provider of an education and care service must read, or ensure that a nominated supervisor, or a person in day-to-day charge of the service has read, a person’s working with children check before the person is—
(a)  engaged as an educator at the service; or
(b)  engaged or registered as a family day care educator as part of the service; or
(c)  permitted to be a volunteer at the service; or
(d)  engaged or employed as a staff member (other than a person in day-to-day charge) at the service.
(1A)  The approved provider of an education and care service must read, or ensure that a nominated supervisor has read, a person’s working with children check before the person is placed as a person in day-to-day charge of the service.
(1B)  The approved provider of an education and care service must read a person’s working with children check before nominating that person as a nominated supervisor of the service.
(2)  Subregulation (1) does not apply in respect of a person if—
(a)  a working with children check cannot be issued for the person because of the person’s age; and
(b)  the person cares for or educates children at the education and care service only under the immediate supervision of an educator who has attained the age of 18 years.
(3)  Subregulation (1) does not apply to a person who is a volunteer and who provides education and care at the service only under the immediate supervision of an educator who has attained the age of 18 years.
(4)  Subregulations (1), (1A) and (1B) do not apply in relation to a person who is registered as a teacher under the Education and Training Reform Act 2006 of Victoria and the approved provider, a nominated supervisor or a person in day-to-day charge of the education and care service has checked the relevant register kept under that Act to ensure that the person is registered.