CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 761 Childcare service licence—suspension for noncompliance

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 761

    (1)     This section applies if—

        (a)     the director-general gives the licensed proprietor of a childcare service a compliance notice under section 760; and

        (b)     the licensed proprietor does not take the steps stated in the notice not later than the day stated in the notice or, if the director-general allows further time, the further time.

Note     An authorised person may, at any reasonable time, enter premises if a licensed childcare service is operating on the premises or the director-general suspects on reasonable grounds that a childcare service is operating on the premises (see  s 817).

    (2)     The director-general may give a written notice (a compliance suspension notice ) to the licensed proprietor—

        (a)     suspending the childcare service licence starting on the date stated in the notice; and

        (b)     telling the licensed proprietor that the licensed proprietor may make a submission, in writing, to the director-general about the notice not later than 30 days after the day the notice is given to the licensed proprietor.

Note     A decision under par (a) is a reviewable decision (see  s 839).

    (3)     If the director-general gives a compliance suspension notice to the licensed proprietor, the director-general must also take reasonable steps to tell a person with daily care responsibility for each affected child about the suspension.

    (4)     The compliance suspension notice has effect until either—

        (a)     the suspension is ended under section 762; or

        (b)     the notice is revoked by the director-general by written notice given to the licensed proprietor.

Note     If a form is approved under s 886 for this provision, the form must be used.