Education and Training Reform Act 2006

On an application by the Authority, a Court may grant an injunction, in the terms the Court considers appropriate, if the Court is satisfied that a relevant entity—

has failed to comply with a notice to comply issued to the relevant entity under section 5.8.18(1); or

is required to comply with the Child Safe Standards, or a requirement that relates to the registration or approval of the relevant entity under this Act, and has failed, or is likely to fail, to do so.

On an application by the Authority, a 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 comply issued to the person or body under section 5.8.18(1A); or

is engaging in conduct in respect of which the person or body is required to be registered under Division 1, 1A, 3 or 4 of Part 4.3 or approved under Part 4.5 or 4.5A and the person or body is not registered under Division 1, 1A, 3 or 4 of Part 4.3 or approved under Part 4.5 or 4.5A to engage in that conduct.

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

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

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

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

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

The power of the Court to grant an injunction under this section may be exercised whether or not—

if subsection (1) applies, the relevant entity is likely to fail to comply with the Child Safe Standards, requirement or notice (as appropriate) in the future; or

if subsection (1A) applies, the person or body is likely to fail to comply with the notice to comply in the future; or

if the Authority has applied for an order or declaration under section 5.8.19, the Court has made an order or declaration under that section.