New South Wales Consolidated Regulations

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 164

164 Requirement for notice in relation to persons at residence

(1) The approved provider of a family day care service must require each family day care educator to notify the provider of--

(a) any new person aged 18 years or over who resides, or intends to reside, at the educator's family day care residence; and

(b) any circumstance relating to a person who resides, or intends to reside, at the educator's family day care residence that may affect whether the person is a fit and proper person to be in the company of children.

Penalty: $2200.

(2) The family day care educator must notify the approved provider of--

(a) any new person aged 18 years or over who resides, or intends to reside, at the educator's family day care residence; and

(b) any circumstance relating to a person who resides, or intends to reside, at the educator's family day care residence that may affect whether the person is a fit and proper person to be in the company of children.

Penalty: $2200.

(3) For the purposes of subregulations (1)(b) and (2)(b), a circumstance that may affect whether a person is a fit and proper person to be in the company of children includes any of the following--

(a) the person is charged with or convicted of any of the following--

(i) an offence of a sexual nature;

(i) an offence of a violent nature;

(iii) an offence involving drugs;

(iv) an offence involving a weapon;

(b) the rejection of the person's application for any of the following, or the revocation or suspension of any of the following held by the person--

(i) a working with vulnerable people check;

(ii) a working with vulnerable people registration;

(iii) a working with children check;

(iv) a working with children card;

(c) the person is prohibited from working with children.

(4) A person who provides notification under subregulation (1)(b) or (2)(b) is not required to provide specific details of the circumstance that they consider may affect whether a person is a fit and proper person to be in the company of children.

Note : A compliance direction may be issued for failure to comply with subregulation (1).