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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 764 Childcare service licence—notice of intention to cancel

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 764

Childcare service licence—notice of intention to cancel

    (1)     This section applies if—

        (a)     the licensed proprietor of a childcare service is convicted or found guilty of an offence against this Act; or

        (b)     the director-general believes on reasonable grounds that—

              (i)     a childcare service licence was obtained improperly; or

              (ii)     the licensed proprietor of a childcare service has operated the childcare service in a way that does not comply with a childcare services standard; or

Note 1     The Minister may make childcare services standards under s 887.

Note 2     For subpar (ii), the director-general may instead give a compliance notice (see  s 760).

              (iii)     the licensed proprietor of a childcare service is not a suitable entity to provide the childcare service; or

              (iv)     a controlling person for a childcare service is not a suitable entity to provide the childcare service.

Note     Suitable entities to provide services are dealt with in pt 2.4.

    (2)     The director-general may give a written notice (an intention to cancel notice ) to the licensed proprietor telling the licensed proprietor

        (a)     that the director-general intends to cancel the childcare service licence; and

        (b)     the reasons for the intended cancellation; and

        (c)     that the licensed proprietor may make a submission, in writing, to the director-general about the intended cancellation not later than 21 days after the day the notice is given to the licensed proprietor.

    (3)     If the director-general gives an intention to cancel 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 notice.

Note     A parent of a child has daily care responsibility for the child unless that aspect of parental responsibility has been transferred to someone else (see  s 16 and s 17). Daily care responsibility for a child may also be shared with someone else (see  s 18).