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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 358 Notice to enforce requirements

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 358

Notice to enforce requirements

(1)     If the chief executive is satisfied that a childrens service is not operating in accordance with a provision of this Chapter the chief executive may—

        (a)     by notice in writing, direct the proprietor to take the steps stated in the notice to comply with that provision within the period stated in the notice; and

        (b)     if the chief executive gives a direction under paragraph (a)—if he or she considers it appropriate to do so, give notice to a parent of, or other person with parental responsibility for, each child cared for by the service that—

              (i)     a direction has been given; and

              (ii)     describes the nature of the direction; and

              (iii)     refers to the period for compliance with the direction.

(2)     If a notice has been served on a proprietor and has not been complied with within the period stated in the notice after that service, or any further period that the chief executive allows, the chief executive may, by notice served on the proprietor

        (a)     for a childrens service provided under an approval in principle or a licence—suspend the approval or licence from the date stated for the purpose in the notice; and

        (b)     for any childrens service—

              (i)     direct the proprietor to stop operating the childrens service and suspend the care of children by the service from the date stated for the purpose in the order; and

              (ii)     as far as is practicable—notify a parent of, or other person with parental responsibility for, each child cared for by the service at the time of suspension about the giving of the direction, the nature of the direction, the failure to comply with the direction and the suspension of the childrens service.

(3)     The chief executive—

        (a)     must consider any submission, whether oral or in writing, made to him or her by the proprietor of the childrens service within 7 days after the service of an order under subsection (2); and

        (b)     may consider any other relevant submission or matter.

(4)     After consideration, the chief executive must—

        (a)     confirm the suspension and state the period for which the suspension is to operate; or

        (b)     end the suspension.

(5)     If the chief executive makes a decision under subsection (4), he or she—

        (a)     must give notice of his or her decision to the proprietor of the childrens service; and

        (b)     may notify a parent of, or other person with parental responsibility for, each child cared for by the service at the time of suspension about the giving of the direction, the nature of the direction, the failure to comply with the direction, the suspension of the service and either the confirmation of the suspension or the ending of the suspension.

(6)     A person must not contravene an order in force under this section.

Penalty:

        (a)     for an individual—50 penalty units or imprisonment for 6 months;

        (b)     for a body corporate—250 penalty units.

(7)     In this section—

"proprietor", in relation to a childrens service that is not licensed, means the person who owns or operates the service.