Queensland 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—

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—

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).