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).