Australian Capital Territory Numbered Acts

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EDUCATION (EARLY CHILDHOOD) LEGISLATION AMENDMENT ACT 2023 (NO. 54 OF 2023) - SECT 53

New section 70CA

insert

70CA     Institute to give relevant information to prevent child harm

    (1)     This section applies if—

        (a)     the institute is satisfied on reasonable grounds that a person poses an unacceptable risk of harm to a child; and

        (b)     the person is, or has been, an approved teacher.

    (2)     The institute must give relevant information about the person to the regulatory authority or a corresponding registering authority if the institute is satisfied on reasonable grounds that giving the relevant information to the authority could prevent the person from harming a child.

    (3)     In this section:

"notification event"—see section 70B (3).

"regulatory authority"—see the Education and Care Services National Law (ACT) , section 5 (1).

Note 1     The director-general is the regulatory authority (see Education and Care Services National Law (ACT) Act 2011

, s 10).

Note 2     The Education and Care Services National Law (ACT) Act 2011

, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010

(Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT) .

"relevant information", in relation to a person who is, or has been, an approved teacher, means any of the following information:

        (a)     the type of registration the person holds or has held;

        (b)     whether the person is, or has been, a permit-holder;

        (c)     whether the person's application for registration or permit to teach has been refused;

        (d)     whether the person's registration or permit to teach is suspended or cancelled;

        (e)     the nature of any conditions imposed on the person's registration or permit to teach;

        (f)     the nature of any notification event that has happened in relation to the person;

        (g)     the person's teaching qualifications;

        (h)     whether the person holds working with vulnerable people registration.



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