Education and Care Services Act 2013

This section applies if the chief executive—

amends, suspends or cancels a provider approval or service approval under this Act (a disciplinary action); and

reasonably believes the disciplinary action may be relevant to the functions or powers of the chief executive (employment screening) under the Working with Children Check Act 2000.

The chief executive must give notice of the disciplinary action to the chief executive (employment screening).

A notice under subsection (2) must state the following—

the approved provider’s name and address;

the approved provider’s date and place of birth, if known;

that disciplinary action has been taken against the approved provider, without stating anything further about the disciplinary action.

Subsection (5) applies if the chief executive (employment screening)—

requests further information about the disciplinary action; and

notifies the chief executive that the approved provider—

holds a working with children authority or negative notice; or

has made a working with children check application.

The chief executive must give the chief executive (employment screening) a notice stating the following—

the form of the disciplinary action taken;

when the conduct happened that constituted a ground for the disciplinary action;

the nature of the conduct that constituted a ground for the disciplinary action;

any other information about the disciplinary action the chief executive considers may be relevant to employment screening under the Working with Children Check Act 2000, chapter 8, including, for example, details about the nature of the disciplinary action.

However, if the notice given under subsection (2) did not contain the approved provider’s date and place of birth, subsection (5) applies only if—

the request from the chief executive (employment screening) for the notice under subsection (5) includes the approved provider’s date and place of birth; and

the chief executive confirms the approved provider’s date and place of birth with the approved provider.

A notice given under subsection (2) or (5) must not contain information that identifies, or is likely to identify, a particular child.

If the chief executive gives the chief executive (employment screening) information under subsection (5) about disciplinary action and the disciplinary action is set aside on review or appeal, the chief executive must notify the chief executive (employment screening) of the following—

the disciplinary action has been set aside;

the reasons given by the entity that set the disciplinary action aside for setting it aside.

A reference in this section to an approved provider includes a person who was an approved provider before the suspension or cancellation of the person’s provider approval.