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Amendment (Disallowed Regulation)
Bill 1996
Explanatory note
This explanatory note relates to this Bill a s introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Children (Care and Protection) Act
1987 to overcome certain unintended legal consequences flowing from the
disallowance of the Centre Based and Mobile Child Care Services
Regulation 1996.
The Bill also makes a consequential amendment to the Centre Based and
Mobile Child Care Services Regulation (No 2) 1996.
Clause 2 provides for the commencement of the proposed Act on the date of
assent.
Clauses 3 and 4 are formal provisions giving effect to the amendments to the
Children (Care and Protection) Act 1987 and the Centre Based and Mobile
Child Care Services Regulation (No 2) 1996 set out in Schedules 1 and 2.
Clause 5 makes it clear that the amendment to the Centre Based and Mobile
Child Care Services Regulation (No 2) 1996 does not prevent the subsequent
amendment or repeal of that Regulation.
Schedule 1 Amendment of Children (Care and Protection) Act
1987
The Centre Based and Mobile Child Care Services Regulation 1996 replaced
the Centre-based Child Care Services Regulation 1989 and the Mobile Child
Care Services Regulation 1989. The disallowance of the 1996 Regulation by
resolution of the Legislative Council on 23 October 1996 together with the
repeal (by the operation of section 10 of the Subordinate Legislation Act
1989) of the 1989 Regulations it replaced had the effect of removing from
force any existing licences for the child care services prescribed as child care
services under clause 3 of the Regulation. The subsequent rescission of the
disallowance enabled a new Regulation (the Centre Based and Mobile Child
Care Services Regulation (No 2) 1996) to be made but did not have the effect
of restoring the licences. The new Regulation therefore included provisions
(Part 6) to temporarily exempt former licensees (and authorised supervisors
under the licences concerned) from the operation of certain offence
provisions of the Children (Care and Protection) Act 1987 so long as they
continued to comply with the legislative provisions that would apply to them
if the licences were still in force.
The proposed amendments to the Act replace those exemptions with a
provision that treats the licences as having continued in force and validates
any action taken during the period following the disallowance that might
have been validly done if the licences had not been removed from force. It
thus fully restores the status of such licensees and authorised supervisors to
the status they had before the disallowance. Provision is also included to
enable savings and transitional regulations to be made as a consequence of
the amendments.
Explanatory note page 2
Schedule 2 Amendment of Centre Based and Mobile Child
Care Services Regulation (No 2) 1996
The proposed amendment is consequential on the amendments to the
Children (Care and Protection) Act 1987 described above. Part 6 of the
Regulation will be superfluous once those amendments take effect. However,
a new Part 6 is inserted in the Regulation to preserve the effect of clause 40
(2), which ensures that existing licensees of the child care services concerned
are not required to comply (during the period the licences remain in force)
with certain of the new licensing standards imposed by the Regulation so
long as they continue to comply with the licensing standards under the
Centre-based Child Care Services Regulation 1989 or Mobile Child Care
Services Regulation 1989 that formerly applied to them.
Explanatory note page 3