2.5 Offences related to service approval

Operating a service without service approval

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• [  National Law, Section 103 ]

It is an offence under the National Law for a person to provide an education and care service without a service approval. A family day care educator providing education and care as part of an approved service is not committing an offence under this section.

Advertising a service without service approval

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• [  National Law, Section 104 ]

It is an offence for a person to publish (or cause to be published) an advertisement for an education and care service unless the service is approved or an application for service approval has been submitted to the regulatory authority but not yet decided.

A family day care educator can advertise if they make clear they are part of an approved service. Any advertisement should indicate which approved service they are promoting and include contact details for that service.

Activities that are part of a planning process, such as gauging interest in the feasibility of a service, do not constitute advertising a non-approved service.