CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 226 Services requiring licence

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 226

    (1)     The following are services requiring a licence:

    (a)     home-based services provided for a home-based services scheme;

    (b)     children's services that:

        (i)     are provided as an on-going operation at non-residential premises; and

        (ii)     are not services requiring registration or services prescribed by regulation;

    (c)     children's services that:

        (i)     are provided as an on-going operation; and

        (ii)     involve the provision of accommodation for children; and

        (iii)     are not home-based services, services requiring registration or services prescribed by regulation.

    (2)     A person provides services requiring a licence if the person is:

    (a)     for services mentioned in subsection (1)(a) – the coordinator of the services; or

    (b)     for services mentioned in subsection (1)(b) or (c) – the person who controls the operation mentioned in the subsection.

Examples

1     Ms Jones operates a childcare service at her home under the direction and control of Care At Home Pty Ltd. Care At Home Pty Ltd provides services requiring a licence because of subsections (1)(a) and (2)(a). On the other hand, Ms Jones provides services requiring registration because of section  227 (1)(a) and (2)(a).

2     Children's services provided through a childcare centre may be covered by subsection (1)(b).

3     Children's services provided through a residential facility for students from remote communities may be covered by subsection (1)(c).