Education (Early Childhood Services) Regulations 2008

54A Secretary may direct service provider to remedy immediate health and safety risk

(1)

The Secretary may, in writing, direct the service provider of a licensed service to remedy any thing or activity that is an immediate risk to the health and safety of any person (an immediate health and safety risk) and that, in the opinion of the Secretary,—

(a)

is, or is likely to be, a breach of these regulations; and

(b)

is capable of being remedied safely while the relevant early childhood service continues to operate.

(2)

In directing the service provider of a licensed service to remedy an immediate health and safety risk, the Secretary may impose any conditions that the Secretary thinks fit relating to the risk and the continued operation of the service.

(3)

The direction must include the date by which the service provider is to have remedied the immediate health and safety risk, which must be a date no later than 10 working days after the date of the direction.

(4)

For the avoidance of doubt, a failure to comply with a written direction under this regulation may result in the reclassification of the service’s licence as a provisional licence under regulation 15 or the suspension of the service’s licence under regulation 30.

(5)

This regulation does not limit the powers of the Secretary to reclassify a licence as a provisional licence under regulation 15 or suspend a licence under regulation 30.

Regulation 54A: inserted, on 30 July 2021, by regulation 14 of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).