(1) The Authority may give a relevant entity to which this Division applies a notice to comply if the Authority believes on reasonable grounds that the relevant entity is not complying with a requirement that relates to—
(a) the registration of the relevant entity under Division 1, 1A, 3 or 4 of Part 4.3; or
(b) the approval of the relevant entity under Part 4.5 or 4.5A.
(2) A notice to comply—
(a) must be in the prescribed form (if any); and
(b) must specify the following—
(i) the reason for the issue of the notice to comply;
(ii) the Child Safe Standards or requirement that the Authority believes the relevant entity is not complying with and the grounds for that belief;
(iii) the action that the relevant entity is required to take to address any issues that have been identified in the notice to comply;
(iv) that the relevant entity must take the action specified in the notice to comply—
(A) within 14 days after the day on which the notice is given; or
(B) before any earlier day specified in the notice;
(v) any enforcement action that may be taken against the relevant entity for failing to comply with the notice;
(vi) the maximum criminal and civil penalty for failing to comply with the notice;
(vii) the process for seeking a review of the decision to issue the notice;
(viii) the prescribed matters (if any); and
(c) must be accompanied by any recommendations or advice available to assist the relevant entity to address the issues identified in the notice.
(3) The Authority may specify a day for the purposes of subsection (2)(b)(iv)(B) only in exceptional circumstances.
(4) The Authority may vary or revoke a notice to comply by written notice to the relevant entity.
(5) In this section—
exceptional circumstances include circumstances in which urgent action is required—
(a) because of significant non-compliance by the relevant entity with the Child Safe Standards or a requirement that relates to the registration or approval of the relevant entity under this Act; or
(b) to safeguard a child from harm.
S. 5.8.19 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).