CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 338 Grant or refusal of approval in principle

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 338

(1)     On application, the chief executive must—

        (a)     grant the approval in principle subject to the conditions stated in the approval; or

        (b)     refuse to grant the approval.

(2)     The approval must state—

        (a)     the type of childrens service approved; and

        (b)     if the approval is an approval to operate a child care centre—the premises from which the child care centre is permitted to operate; and

        (c)     that the approval is subject to the condition that the childrens service be operated in a way that ensures the safety of the children being cared for and educated and that their developmental needs are met; and

        (d)     the conditions to which the approval is subject, including but not limited to a condition about any of the following matters:

              (i)     the premises or parts of the premises from which the service may be provided;

              (ii)     the maximum number of children that may be cared for and educated by the service;

              (iii)     the circumstances in which care must or may be provided for children on an emergency basis or in unexpected or exceptional circumstances;

              (iv)     the ages of the children who may be cared for and educated by the service;

              (v)     the monitoring of the service's operation;

              (vi)     the manner of notifying a change of controlling person;

              (vii)     the minimum number of staff who must be in attendance during operation of the service;

              (viii)     the qualifications of coordinators, care providers, directors and ancillary staff engaged by the service;

              (ix)     management of the service;

              (x)     standards relating to the provision and quality of care to be provided by a service;

              (xi)     the compilation and maintenance of records;

              (xii)     the circumstances in which details of each child being cared for by the service (including the name and address of anyone with parental responsibility for the child) must be provided to the chief executive;

              (xiii)     the insurance of the licensee in respect of a liability of the licensee arising out of or relating to the provision of the care;

              (xiv)     any prescribed matter.

(3)     The chief executive must give the applicant written notice of the decision under subsection (1)—

        (a)     if the chief executive required testing, examination or further information—within 60 days after receiving the results or report of the test or examination or the information; or

        (b)     in any other case—within 60 days after receiving the application.