(1) An approved provider or a nominated supervisor of an education and care service must not place a person in day-to-day charge unless—(a) the person has attained the age of 18 years; and(b) the approved provider or nominated supervisor (as the case requires)—(i) has had regard to the matters set out in subregulation (2); and(ii) has taken reasonable steps to ensure that the person has adequate knowledge and understanding of the provision of education and care to children and an ability to effectively supervise and manage an education and care service.
(2) For the purposes of subregulation (1)(b)(i), the matters are—(a) the person’s history of compliance with—(i) the Law as applying in any participating jurisdiction; and(ii) a former education and care services law of a participating jurisdiction; and(iii) a children’s services law of a participating jurisdiction; and(iv) an education law of a participating jurisdiction; and(b) any decision under the Law to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under—(i) the Law as applying in any participating jurisdiction; and(ii) a former education and care services law of a participating jurisdiction; and(iii) a children’s services law of a participating jurisdiction; and(iv) an education law of a participating jurisdiction.