Children's Services Regulations 2020

For the purposes of section 165(3)(a) of the Act, the information set out in subregulation (3) in relation to any enforcement action set out in subregulation (2) is prescribed.

The enforcement actions are—

a prosecution for an offence against the Act or these Regulations leading to a conviction or finding of guilt or a plea of guilty; and

the acceptance by the Regulatory Authority of an enforceable undertaking; and

the giving of a compliance notice; and

the suspension or cancellation (other than a voluntary suspension or surrender) of a provider approval or service approval; and

an amendment made to a provider approval or service approval for purposes of enforcement; and

the giving of an emergency action notice under section 118 of the Act.

The following information may be published—

the nature of the enforcement action;

where enforcement action has been taken against the approved provider and if the Regulatory Authority is satisfied that it is in the public interest to do so, information which identifies a person with management or control of a children's service;

the details of the person in relation to whom the enforcement action was taken, including—

the name and provider approval number of the approved provider; and

the address of the service; and

the name by which the service is known; and

for an individual, the name of the individual;

the reason for taking the enforcement action, including details of the contravention or alleged contravention by the person of the Act or these Regulations and the provision that was contravened or alleged to be contravened;

details of the enforcement action taken, including—

for a prosecution leading to a conviction or finding of guilt or a plea of guilty—

the provision of the Act or these Regulations that the person was convicted or found guilty of, or pleaded guilty to, contravening; and

the date of the conviction, finding of guilt or the making of the plea of guilty for the offence; and

any penalty imposed for the offence; and

information about any steps taken to remedy the subject of the prosecution and the date the steps were taken; and

for an enforceable undertaking—

the terms of the enforceable undertaking; and

the date of the enforceable undertaking; and

information about any steps taken to remedy the subject of the enforceable undertaking and the date the steps were taken; and

for a compliance notice—

the steps specified in the compliance notice that the person must take to comply with the provision of the Act or these Regulations; and

the date specified in the notice by which the steps must be taken; and

information about any steps taken to remedy the subject of the compliance notice and the date the steps were taken; and

for the amendment of a provider approval or service approval—

the details of the amendment; and

the date on which the amendment took effect; and

for a suspension of a provider approval or service approval—

the date on which the suspension took effect; and

the date on which the suspension ends; and

for a cancellation of a provider approval or service approval, the date on which the cancellation took effect.

In this regulation, a reference to information does not include information that could identify or lead to the identification of a child.