the Minister may make a determination to that effect.

(4)

The determination under subsection (3):

(a)

may be expressed to be subject to conditions, and

(b)

must specify the period of one or more weeks; and

(c)

is in force during the period specified.

Determination by service that child at risk

(5)

If an approved child care service considers that a child is or has been at risk of serious abuse or neglect, and needs or needed more than 20 hours of care, in each of one or more weeks, the service may make a determination (the current determination ) in writing to that effect.

(6)

The current determination must specify the period of one or more weeks, and is in force during that period, other than any part that occurs after:

(a)

the end of the calendar year in which it comes into force; or

(b)

the time when the total of:

(i)

the period during which the current determination has been in force; and

(ii)

all periods during which any previous determinations under subsection (5) by the service in relation to the child were in force during the calendar year in which the current determination comes into force;

exceeds 13 weeks.

Determination by Secretary that child at risk

(7)

If:

(a)

a determination or determinations by an approved child care service under subsection (5) have been in force in relation to a child for a total of 13 weeks during a calendar year (whether or not throughout a continuous period); and

(b)

the Secretary considers that the child is or has been at risk of serious abuse or neglect, and needs or needed more than 20 hours of care, in each of one or more weeks in a period beginning at any time after those 13 weeks;