Education and Training Reform Act 2006

On an application by the Authority, the County Court or the Magistrates' Court may grant an injunction, in the terms the Court considers appropriate, if the Court is satisfied that a person or body—

has failed to comply with a notice to produce issued to the person or body under section 5.8.10; or

in the case of a registered school, is required to comply with the prescribed minimum standards for registration and has failed, or is likely to fail, to do so; or

in the case of a provider of school boarding services at a registered school boarding premises, is required to comply with the prescribed minimum standards for registration of school boarding premises and has failed, or is likely to fail, to do so; or

in the case of a person, body or school registered under Division 3 of Part 4.3, is required to comply with the prescribed minimum standards and has failed, or is likely to fail, to do so; or

in the case of a school, a University or an institution approved to provide a course of study under Part 4.5, is required to comply with a condition imposed under section 4.5.1 or 4.5.4 and has failed, or is likely to fail, to do so; or

in the case of a person, body or school that is approved to operate a student exchange program, is required to comply with the Child Safe Standards or a condition imposed under section 4.5A.2 or 4.5A.6 and has failed, or is likely to fail, to do so.

Without limiting subsection (1), the Court may grant an injunction under that subsection—

to restrain a person or body from engaging in specified conduct that the Court reasonably considers is likely to harm a child; or

to restrain a person or body from providing specified services to children before the failure to comply is rectified; or

to restrain a person or body from employing or engaging children before the failure to comply is rectified; or

to require a person or body to do a specified act or thing that the Court considers reasonably necessary to prevent, minimise or remedy the failure to comply; or

to require a person or body to institute training programmes for persons employed or engaged by the person or body.

The power of the Court to grant an injunction under subsection (1) may be exercised whether or not the person or body—

is likely to fail to comply with the Child Safe Standards, the prescribed minimum standards, a notice to produce or a condition imposed under section 4.5.1, 4.5.4, 4.5A.2 or 4.5A.6 (as appropriate) in the future; or

has previously failed to comply with the Child Safe Standards, the prescribed minimum standards, a notice to produce or a condition imposed under section 4.5.1, 4.5.4, 4.5A.2 or 4.5A.6 (as appropriate).

The Court may, if it considers that it is appropriate to do so, grant an injunction under subsection (1) by consent of all the parties to the proceeding, whether or not the Court is satisfied as required by subsection (1).