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1
Child Care Bill 2002
CHILD CARE BILL 2002
EXPLANATORY NOTES
PART 1--PRELIMINARY
GENERAL OUTLINE
OBJECTIVES OF THE LEGISLATION
The object of the Bill is to protect, and promote the best interests of,
children receiving child care.
The ways in which the object is to be achieved include--
(a) establishing a licensing system for child care services; and
(b) regulating the way child care services are conducted; and
(c) setting standards for persons who provide child care.
REASONS FOR THE BILL
The current Child Care Act (1991) has been in force for 9 years, and
whilst it was benchmark legislation at the time, it has become increasingly
dated, and lacks the flexibility to respond to the changing needs of families
and address the anomalies that have become evident in the present system.
The review of the current legislation for child care is a key initiative of
the Queensland Child Care Strategic Plan 2000-2005. The Strategic Plan
supports the development of a new regulatory framework that assists in the
provision of high quality child care services which are sufficiently flexible
to respond to the diverse and changing needs of families.
The proposed new legislation represents the results of a comprehensive
review of the current regulatory framework and standards in child care and
has relied on extensive consultation with the sector and other key
stakeholders to inform its development.
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Child Care Bill 2002
The Child Care Bill 2002 aims to regulate the provision of child care
services within Queensland using a regulatory tiering approach to
determine the appropriate standards for each sector of the child care
industry. The Bill defines the scope of what is a child care service for the
purposes of determining which services are required to be licensed. In
addition, the Bill sets out requirements related to staffing and
qualifications, the conduct of the service and operational matters, and
monitoring and enforcement powers.
The key new directions in the regulatory framework include the
introduction of performance-based standards, the regulation of school age
care programs through a system of licensing, and the introduction of a
minimum qualification.
The proposed new regulatory framework aims to address concerns with
the existing child care legislation by:
· reducing duplication in standards which are covered by other
legislation;
· moving away from prescribed service types;
· establishing a framework in which standards are set and
monitored depending on a number of variables, ie number of
children being cared for, number of hours children are in care,
the ages of the children, and the setting of the service; and
· introducing standards that allow for flexibility in service delivery.
ESTIMATED COSTS FOR GOVERNMENT IMPLEMENTATION
Costings on the implementation of the new legislation are mainly related
to the development of resources and training for the sector and regional
departmental staff. It is anticipated that there will be a relatively small
increase in staffing costs associated with the commencement of the new
legislation for Department of Families regional staff. Additional work for
regional staff will be related to the licensing of school age care services for
the first time and supporting services in understanding the new legislation.
A working group has been established to focus on streamlining the
workload and departmental processes used by regional staff to reduce the
impact of the changes.
It is envisaged that the costs associated with implementation will be met
through existing program area and regional budgets.
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Child Care Bill 2002
RESULTS OF CONSULTATION
Consultations on the proposed regulatory framework commenced in
April 2000 and focused on the structure of the legislation and key areas of
proposed reform. Consultation sessions were held across the State and an
Issues Paper was developed to assist stakeholders in providing feedback.
The results of this consultation phase informed the development of an
exposure draft of the proposed new legislation for child care.
Extensive state-wide consultation on the exposure draft was conducted
between November 2001 and April 2002. The consultation phase included
45 sessions across the State with service providers and key representatives
from the sector, sessions with peak organisations and government
departments.
Whilst representatives at the consultation sessions were generally
supportive of the proposed new legislation there were some areas which
required further revision after the consultation phase. These changes have
been incorporated into the final drafts of the Bill and regulation.
The following Government departments and agencies were consulted in
relation to the Bill:
· Commission for Children and Young People
· Department of Industrial Relations
· Queensland Health
· Education Queensland
· Department of Justice and Attorney-General
· Department of Premier and Cabinet
· Department of State Development
· Treasury Department
· Department of Emergency Services
CONSISTENCY WITH FUNDAMENTAL LEGISLATIVE
PRINCIPLES
Under section 4(2)(a) of the Legislative Standards Act 1992, legislation
must have sufficient regard to the rights and liberties of individuals. A key
component of the Bill, aimed at ensuring the protection of children and
quality of care, is the amendment of the Commission for Children and
Young People Act 2000 to include employment in child care as one of the
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Child Care Bill 2002
regulated categories of care. Presently, the Department of Families
undertakes criminal history checks on child care workers under the
provisions of the Child Care Act 1991.
Under these proposed amendments to the Commission for Children and
Young People Act 2000, when deciding whether a suitability notice should
be issued to an applicant, the Commissioner for Children and Young People
may take into consideration complaints and charges that have not resulted
in a conviction.
The screening process creates a tension between the rights of individuals
and the competing rights of a child. The tension is underpinned by the
principle that every child is entitled to be cared for in a way that protects
the child from harm and promotes the child's well being. Provisions
relating to employment screening are considered necessary in order to
recognise that principle.
The employment screening provisions also include the following
safeguards to protect the rights of individuals:
· ensuring written notice of a decision by the Commissioner that a
person is not suitable for child-related employment is
accompanied by reasons for the decision and information about a
person's right to have the decision reviewed by a tribunal; and
· protecting the privacy of persons who have a criminal history by
maintaining confidentiality as to an employee's criminal history
and not disclosing the contents of that history to other
employees. The issue of positive screening notices is a matter
between the licensee of the service and the Commission for
Children and Young People; and
· requiring the Commissioner to take into account the
circumstances surrounding a person's criminal history in each
case.
Section 103 of the Bill provides that the Chief Executive may give an
individual a prohibition notice on the basis that the Chief Executive is
satisfied that there would be an unacceptable risk of harm to children if the
person were responsible for providing care for children. This provision
could be seen to limit the rights and liberties of that individual. The power
to make this determination exists to protect children, who are being
provided with care, from harm and, therefore, it is considered that this
provision is appropriate and strikes a balance between carers' rights and the
paramount consideration of the Department's need to protect children.
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Child Care Bill 2002
The Bill contains various provisions to safeguard the interests of affected
individuals. For example, section 163 of the Bill provides that if the Chief
Executive makes a decision prohibiting a person from providing care of
children or a decision to refuse to issue a licence to a person, then the
person concerned may appeal to the Children's Services Tribunal.
Under section 118 of the Bill, as well as with the occupier's consent or
under a warrant, there are three other ways in which an authorised officer
may enter a place, namely if:
· it is a public place and the entry is made when it is open to the
public; or
· it is a child care centre, home, part of a home or other place and
the entry is made when child care is being provided at the place
under a licence; or
· it is not a home and the entry is made when the place is open for
the conduct of business.
Section 128 of the Bill provides that an authorised officer who enters a
place that may be entered under Part 7 of the Bill without the occupier's
consent and without a warrant may seize a thing at the place if the officer
reasonably believes the thing is evidence of an offence against this Act.
Similarly, section 118(2) of the Bill provides that for the purposes of
asking the occupier of a place for consent to enter, an authorised officer
may, without the occupier's consent or a warrant--
· enter land around a building at the place to an extent that is
reasonable to contact the occupier; or
· enter part of the place the officer reasonably considers members
of the public ordinarily are allowed to enter when they wish to
contact the occupier.
Although these provisions confer the power to enter premises and to
seize evidence after entry without a warrant issued by a judge or other
judicial officer, the powers are narrowly framed and reasonably worded. In
the case of section 118(2), the power exists solely to enable the authorised
officer to ask the occupier of a place for consent to enter. Given the
maintained community interest in issues of protection of children, it is
considered appropriate to ensure these powers are available to the
Department when monitoring child care.
Section 170 of the Bill provides that a person may report matters that the
person reasonably believes is a contravention of another Act where the
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Child Care Bill 2002
matter is relevant to ensuring the safe and appropriate conduct of a child
care service or the safe and appropriate provision of child care. It is
arguable that this section infringes individuals' rights, however, this
provision is narrowly worded in that the reportable matters are confined to
those that are relevant to ensuring the safe and appropriate conduct of a
child care service or the safe and appropriate provision of child care. In
view of this, the provision is consistent with the object of the Bill to protect
and promote the best interests of children receiving child care.
Section 141 of the Bill provides that an authorised officer may notify a
person (the "second person") that another person is a "disqualified person",
if the authorised officer knows, or reasonably suspects, that the second
person provides child care at the home in which the disqualified person
lives, or provides child care at a home at a time when the disqualified
person is usually present at the home. A "disqualified person" is defined as
a person for whom a negative suitability notice or a prohibition notice is in
force. It is arguable that this section infringes individuals' rights. However,
section 141 of the Bill acts as a mechanism allowing authorised officers to
inform a second person that another person is a disqualified person and,
therefore, child care is not able to be provided at the home of the
disqualified person or in their presence. This provision is narrowly worded
and is necessary, as it is important that child care is not provided in such
circumstances.
Section 144 provides protection against self-incrimination when a
person is required to give information or a document to an authorised
officer. However, under section 138 the protection does not apply if the
requirement relates to a person's licence or a document required to be kept
by the person under the Act. The provision is arguably appropriate because
the purpose of the document keeping requirements may be defeated if the
document can not be required to be produced for inspection and because
the person is on notice, when keeping the document, that it is a document
that must be produced to an authorised officer on demand.
Section 159 provides that the executive officers of a corporation commit
an offence if they do not ensure the corporation complies with the Act. The
provision also applies to the executive officers of a parents and citizens
association licensed under the Act (section 38). However, provisions to
this effect are common in legislation, and the provisions are in a standard
form and contain standard defences relating to whether the officer was in a
position to influence the conduct of the corporation.
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Child Care Bill 2002
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Division 1--Introduction
Clause 1 sets out the short title of the proposed Act.
Clause 2 provides that the Act will commence on a day fixed by
proclamation.
Division 2--Interpretation
Clause 3 provides that particular words used in the Act are defined in the
Dictionary in Schedule 2.
Clause 4 provides a definition of the term "child care". "Child care"
means care of a child provided by someone other than a relative or
guardian of the child, and at a place other than the child's home, for reward
in the course of a service for regularly providing care of children.
Clause 5 provides a definition of the term "child care service". The
section specifically excludes seven types of services from the definition,
such as a service for providing primary, secondary or special education
conducted by a school.
Clause 6 provides that a note in the text of the Act is part of the Act.
Division 3--Application, object and guiding principles
Clause 7 sets out the powers of the Act in binding the Commonwealth
and the States.
Clause 8 sets out the objects of the Act. The primary focus of the Act is
as detailed in the Policy Objectives of the Bill, contained in these
Explanatory Notes. The section lists the principle mechanisms that enable
the objects of the Act to be met namely:
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Child Care Bill 2002
· establishing a licensing system for child care services; and
· regulating the way child care services are conducted;
· setting standards for persons who provide child care.
Clause 9 sets out the guiding principles of the Act. The principles are
focused on providing a child care service which recognises the best
interests of children as the paramount concern. The principles set out how
this can be achieved giving consideration to the individual needs and
differences within children, respecting the responsibility of parents and a
recognising the role of the community. The chief executive needs to give
consideration to the guiding principles when making licensing decisions.
PART 2--LICENSING OF CHILD CARE SERVICES
Division 1--Licensing generally
Clause 10 sets out the types of child care services that may be licensed
under the Act and distinguishes them throughout the legislation on the
basis of the setting in which they are provided, either "centre based" or
"home based".
Clause 11 provides the link between this Act and the Integrated
Planning Act 1997. The intention is to make it clear that licensees are still
required to meet all of the requirements of the Integrated Planning Act
1997, and the issuing of a licence does not necessarily mean that the
licensee has complied with all of his/her obligations under that Act. The
section also provides that a licence for a centre based service may only
authorise the provision of child care in one child care centre.
Clause 12 deals with licences for home based services. The provision
makes it clear that in a licensed home based care service the service may be
delivered in a number of homes, ie. not just out of one location.
Clause 13 allows for a person to hold multiple licences under this Act. It
also provides that a licence may be held jointly and clarifies that all holders
of the licence will be recognised as the licensee for the purposes of this Act,
subject to a contrary intention.
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Child Care Bill 2002
Clause 14 sets out the duration of the licence period as being not longer
than 3 years.
Clause 15 sets out the format of a licence in respect of the details that
will be recorded on that actual licence.
Division 2--Requirement to operate child care service under a licence
Clause 16 creates the offence of conducting a child care service without
a licence.
Clause 17 creates the offence of contravening a licence condition.
Division 3--Process for issue or renewal of licence
Clause 18 provides that for this division, "information" includes a
document.
Clause 19 deals with the issuing of a licence. Under subsection (3), the
applicant for a licence must also provide any other relevant information and
documents reasonably required by the chief executive to decide the
application. In the absence of specific provisions dealing with "disqualified
premises" as are contained in the current legislation (section 24 of the
Child Care Act 1991), this section may also be used by the Department to
obtain further information from an applicant where there may be some risk
associated with the location of the premises from which a service is going
to operate, eg the service is be located next to a service station which has
underground petrol tanks.
Clause 20 allows a provisional licence to be issued in certain
circumstances. In the event that a licensee is issued with a provisional
licence, it is not intended that subsequent provisional licence would be
issued, or that the term of the initial provisional licence would be extended.
This is because the provisional licence should only be issued in
circumstances where the chief executive is satisfied that the outstanding
issues may be resolved within the term stated in the provisional licence, ie
not longer than 3 months. A provisional licence will be issued in
circumstances where minor matters are outstanding at the point of issuing a
licence or renewing a licence. Examples of minor matters include where
some pieces of play equipment have failed to arrive, or the licensee has yet
to develop certain policies. For the provisional licence to be issued the
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Child Care Bill 2002
outstanding matters should not be ones that go towards meeting the safety
of the care being provided or proposed to be provided.
Clause 21 provides the process for renewing a licence and the
timeframes for this process and details the requirements of the licensee to
provide relevant information to assist in the determination by the chief
executive of a renewal. The intention is for the determination to be made
by the Department as soon as practicable however, this is dependent on the
timeliness of the licensee.
Clause 22 outlines the circumstances in which an application for renewal
of a licence would lapse.
Division 4--Bases for making licensing decisions
Clause 23 provides that the division applies to the chief executive in
deciding whether to issue, renew, amend, revoke or suspend a licence, or in
deciding the conditions that are to apply to a licence.
Clause 24 outlines the definitions that apply for the division.
Clause 25 provides that the chief executive must have regard to the
guiding principles of the Act when making decisions. For example, the
chief executive may decide not issue a licence on the grounds that the
service does not respect the dignity and privacy of children in its care.
Clause 26 outlines the requirements for licensees in respect of their
suitability for the position. Whilst suitability notices are issued through the
Commission for Children and Young People the chief executive has
additional grounds for refusing an application from a potential licensee as
outlined in the subsection (4).
Clause 27 provides that the chief executive must be satisfied that the
licensee is complying with the Commission for Children and Young People
Act 2000 in relation to the engagement of each carer in, and staff member
of, the child care service. For example, the licensee will need to keep
copies of suitability notices as evidence of compliance with the
Commission for Children and Young People Act 2000.
Clause 28 deals with the suitability of a child care centre and facilities.
The provision contains a general statement that the chief executive must be
satisfied that the child care centre is safe and suitable for use as a child care
centre, and that the facilities are also safe and suitable for use in providing
child care under the licence.
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Child Care Bill 2002
Specific considerations that are listed in the section include:
· whether the centre is above ground
· whether the centre is in premises that also contain a home.
Including these two matters as specific considerations replaces the
prohibitions contained in the Child Care Act 1991.
Under this provision, it is within the chief executive's discretion to
license centres in either situation provided that the chief executive is
satisfied of the overall safety and suitability of the centre.
These provisions remove the unreasonable restrictions on a number of
existing licensees and allow for greater discretion.
In addition, the provisions as proposed will allow for the development of
child care centres in high density areas, eg in apartment blocks and office
buildings (provided that the outside space requirements contained in the
building standards can be met as required).
The provision is in keeping with the new outcomes-based approach of
the legislation and will enable the particular circumstances of each new
centre to be taken into account when deciding whether to issue a licence
and on what conditions the licence should be issued.
Clause 29 provides an overriding power for the chief executive to require
homes and facilities to be generally safe and suitable. Whilst there are
specific provisions regarding building and facility requirements this
provision allows for additional discretion in determining whether a child
care service should be licensed or continue to hold a licence.
Clause 30 provides that the chief executive must have regard to whether
the child care service is conducted, or proposed to be conducted,
principally within an Aboriginal or Torres Strait Islander community, and
the culturally specific needs of Aboriginal or Torres Strait Islander children.
Clause 31 provides additional considerations of the chief executive in
respect of issuing a licence. Subclause (3) requires a licensee to have an
address for service in Queensland. This provision has been inserted to
overcome difficulties under the current legislation where a licensee lives
overseas or interstate.
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Child Care Bill 2002
Division 5--Licensed capacity of centre based service
Clause 32 deals with licensed capacity. Licensed capacity is only
relevant for centre based services. (A licensed capacity will not be
specified for a licensed home based service, such as for a licensed Family
Day Care Scheme).
The provision allows a single number or different numbers for different
times to be specified as the licensed capacity. For example, for a school
age care service, the licensed capacity may be specified as a certain figure
during school weeks, and another figure during the school holidays. It
should be noted that for school age care services, the intention is that
operationally, licensed capacity will be a set number, but the Department
will use a "band" approach when referring to the number of children that
may be accommodated by the service.
The licensed capacity of a service, other than a school age care service,
must not be more than 75 children. This is in keeping with the current
restriction and is based on ensuring that child care centres are not
institutionalised. The limit on the maximum number of children ensures
that children are cared for in smaller groups which has a direct impact upon
the quality of care.
In addition, a licence may specify that the licensed capacity may be
exceeded by a certain number of children at specific times. For example, if
the licensed capacity is 65 children, and in order to accommodate shift
workers, or the end of the school day when school children arrive at a
centre before younger children are collected, the licence may stipulate that
10 additional children may be accommodated in the centre. Subject to any
variation allowed under the legislation, the licensee will be required to
meet the standard requirements (ie the staff/child ratios and maximum
group sizes) notwithstanding that the licensed capacity is being exceeded.
However, the provision is intended to allow some flexibility in meeting
building (ie space) and facilities requirements.
This clause also deals with considerations in deciding appropriate
licensed capacity. Subsection (6)(b) identifies the extent to which the
available space and facilities are also used by children other than the
children in care at the centre as a relevant consideration. Subsection (6)(c)
specifically identifies as a relevant consideration, the number of times that
the licensed capacity has been exceeded, including through invoking the
emergency care provisions. This is one of the safeguards against abuse of
the emergency care provisions.
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Child Care Bill 2002
Clause 33 This provision relates to emergency care, and has been
included in response to submissions from families and centre based
services that the legislation needed to allow licensees to accommodate
additional children in certain, emergency situations. The legislation applies
safeguards around how the provision can be used, eg limit of one additional
child or a sibling group.
Division 6--Nominee for licence held by corporation
Clause 34 requires a nominee to be nominated by a licensee that is a
corporation. This provision has been inserted to overcome difficulties in
dealing with corporate licensees under the current legislation.
Clause 35 sets out the purposes and effect of appointing the nominee and
requires them to help ensure compliance, and to facilitate communication
between the licensee and the Department. The appointment of a nominee
does not affect the licensee's responsibility to ensure the licensed service is
conducted in compliance with the legislation.
Division 7--Licence held by parents and citizens association
Clause 36 sets out the definitions of "association" and "executive
officer" for the purposes of the division.
Clause 37 provides that a parents and citizens association may hold a
licence for a school age care service.
Clause 38 provides that the Act applies to a licensee that is a parents and
citizens association as if the association were a corporation, and the
association's executive officers were executive officers of the corporation.
Clause 39 provides that a parents and citizens association may be
prosecuted for an offence against the Act, and outlines how this may be
done.
Division 8--Amendment of licence
Clause 40 outlines how an application for an amendment of a licence
may be made.
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Child Care Bill 2002
Clause 41 outlines the restrictions in relation to amendments that can be
made in relation to a licence.
Clause 42 relates to the powers of the chief executive to amend a licence
without receiving an application from a licensee. This clause may be used
by the chief executive as a form of enforcement action. For example, where
a service is consistently operating above its licensed capacity the chief
executive may give the licensee a "show cause notice" advising the licensee
of the proposed amendment to reduce the service's licensed capacity.
Under this provision the licensee would have at least 30 days to respond in
writing to the chief executive to demonstrate why this action should not be
taken. There is a requirement for the chief executive to advise the licensee
of the outcome of this process.
This clause also provides the chief executive with the power to amend a
licence at the licensee's written request without issuing a "show cause
notice". For example, where a room of a service is structurally unsafe due
to storm damage, it may be necessary to reduce the licensed capacity of the
service until such time as the matter is rectified.
The amendment of a licence has effect when the notice of the
amendment is given to the licensee or any later time specified in the notice.
Clause 43 provides that the chief executive has the power in certain
situations relating to the wellbeing and safety of children to urgently
amend a licence without first issuing a "show cause notice" to the licensee.
The period of the amendment in this instance cannot be for more than 60
days. The intention of this provision is to provide a mechanism for the
chief executive to take immediate action if necessary in the best interests of
children attending a service. For example, where it is determined that
facilities within the babies room are unsafe or present a health risk the chief
executive may determine that it is necessary to urgently amend the licence
capacity and provision of child care to that age group until the matter has
been rectified.
Clause 44 provides for administrative amendments to licences requested
by licensees. For example, where the contact details for the licensee may
have changed.
Division 9--Suspension or revocation of licence
Clause 45 provides the range of circumstances in which the chief
executive may suspend or revoke a licence. These include the following:
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Child Care Bill 2002
· a contravention of the Act or condition of the licence;
· the inability of a licensee to continue conducting the service;
· if a licensee is unsuitable to conduct the service;
· if a nominee or corporation's executive officers are unsuitable to
conduct the service;
· if there is no nominee appointed;
· a contravention of the Commission for Children and Young
People Act 2000 in relation to the engagement of a carer or staff
member;
· if a child care centre is not considered safe and suitable;
· if a licensee has failed to comply with notice relating to the
Building Act requirements;
· for another reason which relates to the safety and wellbeing of
children.
Subclauses (2)--(7) detail the process used by the chief executive in
suspending or revoking a licence. The chief executive must issue a "show
cause notice" providing the licensee with an opportunity to respond in
writing within 30 days. The chief executive is required to notify the
licensee of the outcome of the process and also has the power to lift the
suspension at a time earlier than that stated on the notice. Subclause (7)
provides that the chief executive may suspend or revoke the licence without
issuing a "show cause notice" at the written request of the licensee. For
example, this may occur if the licensee is unable to continue to conduct the
service.
Clause 46 provides that the chief executive has the power in certain
situations relating to the wellbeing and safety of children to urgently
suspend a licence without first issuing a "show cause notice" to the
licensee. The period of the suspension in this instance cannot be for more
than 14 days after which time a "show cause notice" must be issued or the
suspension is lifted. The intention of this provision is to provide a
mechanism for the chief executive to take immediate action in stopping the
provision of child care if it is in the best interests of children attending a
service.
Clause 47 clarifies the status of a licence when it is suspended, namely
that a licence is not current during the time of the suspension which means
that a service is unable to operate until such time as the suspension is lifted.
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Child Care Bill 2002
Clause 48 clarifies that when a licence has been suspended or revoked
there is an obligation on the licensee to return the licence to the chief
executive immediately. This is to ensure that no service can continue to
operate falsely under a suspended or revoked licence.
Clause 49 provides that when a licence has been suspended or revoked
there is an obligation on the licensee to ensure that parents or guardians of
the child care service and each carer in the home based care service is
notified of the suspension or revocation. Subclause (5) specifically requires
that a notice be displayed at the centre for the duration of the suspension in
order to inform parents and the public of the status of the licence. A
regulation provides more details about the nature of that notice to ensure
that it achieves its intended purpose.
Clause 50 requires the licensee to apply to the chief executive using the
approved form and pay the prescribed fee for the licence to be lifted
following a suspension.
Division 10--Other dealings with licence
Clause 51 relates to transfer of a licence. This provision allows a licence
to be transferred from one licensee to another. For example, upon sale of a
centre and business, or where a licensee is an individual and for business
purposes wishes to change the name of the licensee from the individual to a
company.
The ability to transfer the licence rather than requiring a new licence has
implications in respect of the fee payable by the new licensee (ie
application for licence fee is higher than for the fee for transferring a
licence).
In addition, Departmental processes for dealing with applications for
transfer, including in the case of the sale of a business, will be streamlined.
In the case of a sale of the business, it is envisaged that the outgoing and
incoming licensee will identify those areas that are proposed to change
under the new licensee, eg will new staff be engaged?
The areas identified will be the areas that the Department will
specifically check before allowing the application for transfer to proceed.
In addition, the incoming licensee will need to satisfy all of the
requirements in respect of suitability.
Clause 52 provides for a licensee surrendering a licence after giving
notice to the chief executive. The surrender takes place on the day the
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Child Care Bill 2002
notice is given or at a time stated in the notice. The licensee has an
obligation to return the licence to the chief executive 7 days after the
surrender takes effect unless the person has a reasonable excuse.
Clause 53 provides for a replacement licence to be issued provided the
application is in the approved form and accompanied by the prescribed fee.
A replacement licence would be issued where the chief executive is
satisfied that the licence has been lost, stolen or destroyed, or damaged.
Division 11--Death of licensee
Clause 54 relates to the death of a sole licensee and the procedures to be
followed in transferring a licence under these circumstances. The clause
serves to clarify how the service may continue to operate during a
transitional period and subject to the personal representative's suitability as
detailed in subclauses (4), (7) and (8).
Clause 55 clarifies that where one or more licensees die the other
surviving licensees continue in that role with the responsibilities of a
licensee.
PART 3--CARERS, STAFF AND RELATED MATTERS
Division 1--Preliminary
Clause 56 defines a carer within a child care service as a person who is
engaged to provide child care in the course of the service, or a person
conducting the service and providing child care in the course of the service.
Clause 57 defines staff member as being a person engaged in a position
in the service or a person conducting the service and carrying out the
functions of the position. Subclause (2) further clarifies that for centre
based services each carer is a staff member. However, subclause (3)
provides that in a home based service a person who is engaged only as a
carer in the service is not a staff member for the purposes of the Act.
Clause 58 defines the meaning of "engage" for the purposes of the
legislation.
Clause 59 details what constitutes a prescribed first aid competency.
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Child Care Bill 2002
Division 2--Requirements for centre based service
Clause 60 outlines the purpose of this division in setting the
requirements for groups and staffing levels in centre based care. The
clauses in this division have been specifically included to allow some
flexibility in what are otherwise relatively prescriptive group size and
staffing requirements contained in the Regulation.
Clause 61 provides that standard requirements are established by
regulation to apply across most of the day for centre based services and
also during rest periods.
Clause 62 provides that the licensee of a centre based service must
ensure the standard requirements are complied with at all times the service
is conducted on a day between 5.00am and 10.00pm.
Clause 63 provides that a licence condition for a centre based service
may provide for rest periods for the service.
Clause 64 sets out some of the key functions of a director in a child care
centre (ie programming, policies, and communication with parents). The
list is not intended to be exhaustive or a position description in the same
way as the current legislation. The intention of the new legislation is to
move away from prescribing the roles or setting out specific position
descriptions for carers in services.
Clause 65 provides that there must be at least two adults present at a
centre based service at all times child care is being provided at the child
care centre in the course of the service. Subclause (3) goes on to detail
different requirements for school age care services.
Clause 66 provides that whenever child care is being provided at a place
(note this includes a vehicle) in respect of a licence to operate a centre
based service, a person with the prescribed first aid competency must be
present.
The requirement in respect of centre based services is outcomes based.
To meet the requirement, the licensee will need to demonstrate that in the
case of contingencies, such as the illness of one or two staff members, there
will be sufficient staff with the first aid competency present. This may
mean that the majority of staff in the centre will be required to meet the
first aid competency.
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Child Care Bill 2002
Division 3--Requirements for home based service
Clause 67 sets out the functions of a coordinator for a home based care
service (ie professional support for carers, monitoring standards, and the
coordination of the placement of children with carers).
The section outlines the requirements for coordinator hours to be
completed by each service. There is some flexibility in how this
requirement can be met in that the coordinator hours can be completed
simultaneously by more than one coordinator, ie a job sharing arrangement.
Clause 68 requires that a carer in a home based care service must be an
adult.
Clause 69 requires that each carer in a home based service must have the
prescribed first aid competency.
Division 4--Qualifications, training and study
Clause 70 establishes the context for the regulation to prescribe in what
circumstances a licensee may engage someone to a position (eg as group
leader or director) if they do not have the requisite qualification.
Clause 71 provides protection to the licensee in situations where they
have engaged a staff member without the requisite qualifications because
the licensee reasonably believed that the person had the qualification or
was enrolled in the course of study.
Clause 72 requires the licensee to keep documentary evidence of the
prescribed qualification for each staff member. Subclause (3) specifies the
type of document required.
Clause 73 requires the licensee to keep documentary evidence of a staff
member's enrolment in a prescribed course.
Division 5--Suitability notices
Clause 74 requires that a licensee must keep a current positive suitability
notice or application for a suitability notice if not yet decided for each carer
or staff member in a child care service.
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Child Care Bill 2002
The Department will no longer have a role in processing criminal history
checks for services. These functions are now covered by the Commission
for Children and Young People.
PART 4--CONDUCT OF LICENSED SERVICE
Division 1--General
Clause 75 provides that the licensee must conduct the service in
accordance with the guiding principles of the Act and ensure the safety of
the children in care and promote their wellbeing.
It is intended that this clause provides the licensee with an over-arching
responsibility to operate the service in accordance with the broad objects
and principles of this Act. This clause serves to cover the general conduct
of the service where other clauses specifically address requirements.
Clause 76 provides that the licensee must prepare and maintain a range
of policies as set out in subclause (2). The licensee has an obligation to
make a copy of these policies available to parents on request and must
ensure that staff members are also aware of these policies.
Clause 77 replaces the current approach of prescribing the functions of
the assistant, group leader, assistant director, director and coordinator.
The provision is outcomes focussed in that it requires the licensee to
ensure that each position has a role statement without prescribing what the
functions should be. The provision also requires that the role statements be
provided to staff and parents and that they are kept up to date.
Clause 78 provides parents or guardians with access to observe the
provision of child care except where there is an order of a court or tribunal.
Clause 79 provides that a licensee cannot enter into an exclusion
agreement as defined in subclause (3).
Clause 80 provides that the licensee must inform the chief executive of
changes in relation to the status of suitability notices for the licensee,
executive officer or nominee and other changes relating to the licensee as
specified in subclause (2).
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Child Care Bill 2002
Notification of these details is important for the Department in
monitoring the status of the licence and whether the service is continuing to
operate in compliance with the Act.
Clause 81 requires that a licensee must report harm to children. In
consultation there was some criticism that this provision would mean that
licensees would be reporting to the Department every small injury that a
child received. The provision defines "serious injury" as an injury for
which treatment from a doctor has been sought or ought reasonably to have
been sought.
The requirement under the Child Care Act 1991 is clarified in the
licensing handbook which refers to "hospitalisation". The term
"hospitalisation" is considered too high a threshold, ie a child may be taken
to hospital and treated by a doctor but not actually hospitalised.
Where treatment from doctor is sought or ought reasonably to have been
sought, it is appropriate that the Department is notified, so that if necessary,
an investigation may be instigated.
Clause 82 provides that a licensee must have insurance cover as
prescribed under regulation.
Clause 83 provides that the licensee of a child care service may provide
child care to children under the licence while they are away from their
principal place of care on an excursion, or being transported to or from the
principal place of care.
Clause 84 requires that licensees make available to carers and staff
members copies of the current legislation.
Division 2--Records
Clause 85 requires that the licensee keep records for the period
prescribed under regulation.
Clause 86 provides that a licensee must allow a parent or guardian
access to records relating to their child unless there is an order of a court or
tribunal which prohibits this from occurring.
Clause 87 sets out the requirements for licensees to ensure that records
are kept confidential. This includes the treatment of confidential
information by a licensee, staff member or carer. Subclause (3) outlines
situations where confidential information may disclosed.
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Child Care Bill 2002
Clause 88 outlines the record-keeping obligations when a person stops
being a licensee.
Division 3--Other matters applying to licensed centre based service
Clause 89 requires that the licensee provide a suitable program
appropriate to the children attending the service. The regulation provides
greater detail about the specific requirements relating to programming.
The Department will also provide further information about
programming and how this requirement would be assessed by the
Department in policy and procedure documents. The Department would
need to take into consideration the assessment of programming which
occurs as part of the National Child Care Accreditation process.
Clause 90 provides licensee must ensure that the licence for the child
care service is prominently displayed at the centre.
Division 4--Limits on number of children at 1 place applying to licensed
home based service
Clause 91 defines what is meant by "prescribed limits".
Clause 92 sets out the limits on the numbers of children able to be cared
for by a carer in licensed home based care.
Clause 93 provides that the chief executive may impose a condition on a
licence for a home based service that further restricts the maximum number
of children that can be cared for.
Clause 94 provides that emergency care can be provided for in licensed
home based care, and sets out the requirements for this type of care.
Clause 95 provides that clauses 91 to 94 also apply to the licensee of a
home based service while child care is being provided in the course of the
service at a place other than a home.
Clause 96 sets out requirements for playgroups and excursions involving
other carers in licensed home based care.
Throughout the consultation process on the exposure draft of the
proposed new legislation it became evident that the practice of more than 2
carers gathering or "playgroups" were not accommodated within the
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Child Care Bill 2002
proposed legislation. Home based care services value the practice of carers
coming together to participate in activities, provide opportunities for
children to socialise with other children and to provide peer support for
carers.
Feedback through the consultation phase indicated that there was a range
of practices across the State in relation to the operation of playgroups.
Some Family Day Care Schemes independently regulated the operation of
playgroups while others provided few safeguards.
The Act sets out safeguards around the frequency of gatherings, the
numbers of carers and children participating and the environment in which
playgroups can take place to ensure the safety of children and consistency
across the State.
The intention is to place reasonable limits around the operation of
playgroups to ensure that children are not attending playgroups all day
everyday and missing out on the benefits of the home environment, for
example, regular sleep times.
Division 5--Other matters applying to licensed home based service
Clause 97 places the onus on the carer in a licensed home based care
scheme to ensure that each adult occupant (ie person who lives in the home
or is usually present in the home when the care is provided) has a current
positive suitability notice.
The licensee has a corresponding obligation to ensure that carers comply
with the obligation, and in addition, the licensee must keep certified copies
of the suitability notices.
Clause 98 provides that the licensee is responsible for ensuring that the
home based service provides appropriate activities and experiences for the
children attending the service.
The requirements for home based care in relation to this requirement are
different from those requirements for centre based care ie less structured
and onerous. This is in recognition of the differences in these service types
and the fact that in home based care the carer is usually working
independently throughout the day.
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Child Care Bill 2002
PART 5--CONDUCT OF STAND ALONE SERVICE
Clause 99 provides that a person conducting a stand alone care service
must be an adult.
Clause 100 places responsibility on the carer in a stand alone care
service to ensure that care is not being provided in a home where, for
example, an occupant is a disqualified person or does not have a positive
suitability notice.
Clause 101 sets out the maximum number of children who can be cared
for in stand alone care. The clause includes detailed examples of possible
scenarios which could arise when providing stand alone care.
Clause 102 requires a person conducting a stand alone service to have
the level of insurance prescribed under regulation.
PART 6--PROHIBITION NOTICES
Division 1--Basis for issuing notice
Clause 103 provides that the chief executive has the power to issue a
prohibition notice if they are satisfied that there is an unacceptable risk of
harm to children.
Division 2--Procedure
Clause 104 requires that the chief executive issue a "show cause notice"
to the person before issuing a prohibition notice. The person will then have
at least 14 days to give a written submission to the chief executive stating
their case.
Clause 105 requires the chief executive to consider any written
submission from the person and ensure that the person is informed of the
outcome of the chief executive's decision.
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Child Care Bill 2002
Clause 106 clarifies that the prohibition notice can apply more broadly
to a person who may not at the time of the notice be responsible for
providing care for children.
Clause 107 stipulates the content required in a prohibition notice.
Clause 108 outlines the situations in which a prohibition notice can be
cancelled.
Division 3--Offences
Clause 109 provides that is an offence to contravene a prohibition notice.
Clause 110 provides an offence for a licensee engaging a person with a
prohibition notice when they ought reasonably have known that the
prohibition notice was in force.
PART 7--MONITORING AND ENFORCEMENT
Division 1--Authorised officers
Clause 111 relates to the appointment of authorised officers by the chief
executive for the purpose of carrying out functions of the Act.
Clause 112 places limits and conditions on the powers of authorised
officers.
Clause 113 details ways in which an authorised officer may stop holding
office. The options for no longer continuing to hold office are not limited
to subclause (1).
Clause 114 provides that an authorised officer may resign by signed
notice to the chief executive unless they are holding another position which
requires them to be an authorised officer, in which case they would be
required to resign from both positions.
Clause 115 sets out the requirements for authorised officers to have an
identity card and lists the information contained on this card.
Clause 116 requires that an authorised officer return their identity card
within 21 days of ceasing to be an authorised officer.
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Child Care Bill 2002
Clause 117 sets out the requirements of authorised officers to ensure that
they display their identity card when exercising a power under the Act.
Division 2--Powers of authorised officers
Subdivision 1--Entry of places
Clause 118 relates to the powers of entry of authorised officers. The
clause provides that there are a range of situations when an authorised
officer may enter a place including, where there is consent from the owner,
where it is a public place, where child care is being provided under a
licence or where there is a warrant.
Subclause (2) allows the authorised officer to enter land around the place
or part of the place without consent for the purpose of contacting the
occupier.
Subdivision 2--Procedure for entry
Clause 119 details the process for obtaining consent where an authorised
officer seeks to enter a place. There is a range of information that the
authorised officer is required to provide to the occupier.
Clause 120 allows an authorised officer to apply to a magistrate for a
warrant. It may be necessary for the officer to provide additional
information to assist the magistrate in determining the application.
Clause 121 outlines the grounds for a magistrate issuing a warrant and
the details of the warrant including the extent of the authorised officers'
powers. These grounds for issuing a warrant relate to the collection of
evidence that may relate to an offence.
Clause 122 outlines the process for applying for a special warrant that
would be used, for example, in urgent circumstances or due to the officer's
remote location.
Clause 123 provides the specific process to be used by an authorised
officer when entering a place with a warrant. Subclause (3) provides some
protection to the officer should they believe that communicating with the
occupier of the place and discussing the warrant will compromise the
process.
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Child Care Bill 2002
Clause 124 outlines the requirements in relation to an authorised officer
entering a home and preserving privacy.
Subdivision 3--Powers after entry
Clause 125 outlines the general powers of an authorised officer after
they have entered a place. The powers relate specifically to monitoring and
enforcing compliance with the Act therefore the scope of things an officer
may do includes searching areas, collecting evidence and requiring the
occupier of the place to give reasonable help in exercising these powers.
Clause 126 makes it an offence for a person not to give reasonable help
or information to an authorised officer unless they have a reasonable
excuse.
Subdivision 4--Power to seize evidence
Clause 127 clarifies the definition of "owner" of a seized thing as being
the person entitled to possess it.
Clause 128 provides that an authorised officer may seize evidence after
entry without consent or warrant.
Clause 129 provides for circumstances where the authorised officer has
been able to obtain consent or a warrant. The authorised officer may only
seize something which is consistent with their purpose of entry and which
they reasonably believe is evidence of an offence against the Act.
Clause 130 requires that a receipt be issued for seized items to the
person from whom it was seized unless it is impracticable or unreasonable
to give a receipt. There is also a requirement for the details contained on
the receipt.
Clause 131 provides for circumstances where seized items cannot be
returned to their owner and the requirements on the State in terms of
handling these items.
Clause 132 requires authorised officers to return seized things within
particular timeframes.
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Child Care Bill 2002
Clause 133 requires that an authorised officer allow an owner access to a
seized thing where reasonable and practicable prior to the seized thing
being forfeited or returned.
Subdivision 5--Power to obtain information
Clause 134 provides authorised officers with the power to require a
person to state their name and address and if necessary provide evidence of
the correctness of this information if they find a person committing an
offence against this Act or reasonably believe that the circumstances that
person is in may lead to an offence against this Act.
Clause 135 provides authorised officers with the power to require a
person to state their date of birth if they believe an offence is being
committed and the person is not an adult. The person where reasonable
may be required to provide documentary evidence of their date of birth.
Clause 136 provides authorised officers with the power to issue a notice
to a person if they reasonably believe that an offence has been committed
and that the person may be able to provide information about the offence.
Clause 137 provides authorised officers with the power to require a
person to produce documents.
Clause 138 makes it an offence not to produce documents as required
under clause 137 unless the person has a reasonable excuse. However, it is
not a reasonable excuse to refuse to produce these documents on the basis
that providing the information might tend to incriminate the individual.
Subdivision 6--Monitoring suitability of relevant persons
Clause 139 provides for an authorised officer to require an occupant of a
home in which stand alone care is provided to apply for a suitability notice.
The authorised officer can request this when they reasonably suspect that
the person is an occupant of that home and where they suspect that the
person may have a criminal history which may make them unsuitable to be
present in the home while care is being provided.
This section only relates to adult occupants of the home.
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Child Care Bill 2002
Clause 140 allows the chief executive to obtain information about
suitability checks. This provision has been included to allow the
Commission for Children and Young People to provide information to the
chief executive upon request, about the status of suitability notices and
applications before the Commission.
Clause 141 provides that an authorised officer has the power to inform a
person providing child care from a home that a person who lives at the
same home is a disqualified person. There is an obligation to advise the
person if the occupant stops being a disqualified person.
Subdivision 7--Other compliance matters
Clause 142 provides for an authorised officer to give a person a
compliance notice in situations where the officer believes that a person is
contravening the Act or has contravened the Act or where there is likely to
be a repeat of the contravention.
The clause sets out what is required to be listed on the compliance notice
including the fact that the notice may state the steps that need to be taken
by the person to remedy the contravention.
Clause 143 provides for a specific compliance notice related to meeting
the Building Act requirements for centre based care.
As the building requirements no longer form part of the child care
legislation it is necessary to have this clause which allows for enforcement
action to be linked to compliance with these separate requirements under
the Building Act.
Division 3--Miscellaneous
Clause 144 relates to self-incrimination and is a standard provision in
contemporary legislation.
Clause 145 relates to compensation and is a standard provision in
contemporary legislation.
Clause 146 makes it an offence to alter a licence without the written
authorisation of the chief executive.
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Child Care Bill 2002
Clause 147 makes it an offence to provide false or misleading
information to an authorised officer.
Clause 148 makes it an offence to provide false or misleading
documents to an authorised officer.
Clause 149 makes it an offence to obstruct an authorised officer in the
exercise of a power.
Clause 150 makes it an offence to impersonate an authorised officer.
PART 8--LEGAL PROCEEDINGS
Division 1--Evidence
Clause 151 provides that this division applies to a proceeding under this
Act.
Clause 152 provides that it is only necessary to provide proof of the
authority of the chief executive or authorised officer if a party gives
reasonable notice of requiring this information.
Clause 153 clarifies that signatures for the chief executive and
authorised officers are taken to be evidence of their signatures.
Clause 154 details a range of evidentiary aids relating to a licence that
may be authenticated as such through a certificate signed by the chief
executive.
Division 2--Offence proceedings
Clause 155 requires that a proceeding for an offence against this Act be
taken in a summary way under the Justices Act 1886. Subclause (2) sets
out the timeframes for the proceeding.
Clause 156 clarifies that the stated day a complaint came to a
complainant's knowledge is taken to be evidence of the matter stated.
Clause 157 clarifies that it is not necessary to specify whether
information provided was either false or misleading in a proceeding for an
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Child Care Bill 2002
offence against this Act. The charge can simply state that the information
was false or misleading.
Clause 158 provides that when proving a person's state of mind
regarding a particular act or omission under the Act, a representative, as
defined in subclause (4) can be taken to committed the offence.
Clause 159 provides that executive officers are responsible for
compliance with this Act and will each be held responsible for committing
an offence under this Act unless they exercised reasonable diligence or
were not in a position to influence the conduct of the corporation in relation
to the offence.
Clause 160 provides that it is a defence for the licensee to prove that they
exercised reasonable dili gence to ensure compliance with the provision.
Clause 161 provides that a person is able to use as a defence the fact that
they sighted reasonable evidence of a person's age if that person's age is
the reason for them contravening a provision.
Clause 162 allows emergencies to be used as a reason for a person
committing an offence against a provision of this Act when proceedings are
taken against a person.
PART 9--GENERAL
Division 1--Reviewable decisions
Clause 163 lists the range of decisions that are reviewable by applying to
the Children Services Tribunal, for example, the treatment of licences and
the issuing of prohibition notices.
Clause 164 requires that the chief executive give a notice to the person
who has applied for a review of a decision by the chief executive.
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Child Care Bill 2002
Division 2--Application of Commission for Children and Young People
Act 2000
Clause 165 clarifies that for the purposes of the Commission for
Children and Young People Act 2000 a corporation's executive officers and
the nominee are taken to be carrying on a child care business.
Clause 166 requires that applications for suitability notices from
occupants of homes are dealt with under the Commission for Children and
Young People Act 2000 as if the person were carrying on a regulated
business.
Division 3--Confidentiality
Clause 167 outlines the duty of confidentiality under the Act.
Clause 168 outlines the situations in which a person may record, use or
disclose information.
Clause 169 outlines situation in which a person may disclose
information to relevant entities in other jurisdictions.
Clause 170 outlines when a person may report matters of concern to
other departments.
Division 4--Miscellaneous
Clause 171 requires that a register of licences be kept by the chief
executive. The register must contain specific details from each licence and
is available for inspection by the public on payment of a prescribed fee.
Clause 172 provides for a review of the qualification provisions and
transporting provisions by the Minister.
Clause 173 provides for the chief executive to delegate powers under the
Act to an appropriately qualified officer or employee.
Clause 174 provides the power for the chief executive to approve forms
under this Act.
Clause 175 provides for regulations to be made under this Act.
Subclause (2) specifies the matters a regulation may cover.
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Child Care Bill 2002
PART 10--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
Clause 176 repeals the Child Care Act 1991.
Division 2--General transition provisions
Clause 177 ensures the continued operation of licences issued under the
Child Care Act 1991.
Clause 178 provides that the section applies to certain applications made
under the repealed Act.
Clause 179 provides that the chief executive must notify corporations
that they must nominate a nominee. The corporation will have 2 months
from when the chief executive gives notice to nominate a nominee.
Clause 180 applies to services that were transitioned under the previous
legislation with a maximum licensed capacity of more than 75.
Those services can maintain a licensed capacity in excess of 75 under
the new legislation, but the licensed capacity cannot be increased, ie if the
licensed capacity is 100 then the licence cannot be amended to allow the
licensed capacity to be 105.
Clause 181 provides that if a notice was given under the repealed Act
immediately before the commencement day of the new legislation the
notice will be taken to be a compliance notice under clause 142 of this Act.
Clause 182 deals with applications for review by the Children Services
Tribunal where a decision was made by the chief executive under the
repealed Act.
Clause 183 provides that decisions by the Children Services Tribunal
that had not been decided by the commencement day of the new legislation
be transitioned. The Tribunal is able to continue to deal with the
application as if the repealed Act had not been repealed.
Clause 184 provides that where a licence for home based care exists
before the commencement of this Act a carer does not commit an offence
for an adult occupant not having a current suitability notice until their
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Child Care Bill 2002
licence expires and an application has been made for a suitability notice for
the occupant.
Clause 185 clarifies that prohibition notices issued under the Child Care
Act 1991 continue when the new legislation commences.
Clause 186 clarifies that authorised officers under the Child Care Act
1991 will be taken to be appointed as authorised officers under this Act.
Clause 187 provides the transitional timeframes for services that were
not required to be licensed under the Child Care Act 1991, but will be
required to be licensed under the new legislation, ie school age care
services and some indigenous services in Far North Queensland.
These services will have 2 years from the date of commencement of the
new legislation to apply for a licence, and 5 years from the date of
commencement to demonstrate compliance with building requirements.
Clause 188 provides that centres that received an unlimited exemption
from certain building requirements under the Child Care Act 1991 will
continue to be exempt from the relevant performance criteria in the
building standards that form part of the Building Act.
Division 3--Transitional provisions about qualifications
Clause 189 outlines circumstances in which assistants are taken to be
qualified.
Clause 190 provides that certain registered nurses are taken to have
group leader qualifications.
Clause 191 outlines the transitional provisions for holders of, and
applicants for, certificates of endorsement.
Clause 192 outlines circumstances in which an unqualified person
engaged as a director, assistant director or group leader is taken to be
qualified.
Clause 193 outlines the transitional provision for unqualified persons
who were at least 45 years of age on commencement of the Child Care Act
1991.
Clause 194 outlines the circumstances in which an unqualified person
can be engaged as a coordinator.
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Child Care Bill 2002
Division 4--Regulatory impact statement for first regulation
Clause 195 provides that the requirements of the Statutory Instruments
Act 1992 in relation to consultation on a regulation made under this Act do
not apply where that consultation has already occurred and the Legislative
Assembly has been made aware of that process and the results of
consultation.
Both the Bill and draft regulation were broadly consulted on as part of
the process for developing this legislation. A Regulatory Impact Statement
(RIS) and Public Benefit Test (PBT) have also been completed for this
legislation.
PART 11--AMENDMENTS
Clause 196 provides for the amendment of Acts listed in Schedule 1.
SCHEDULE 1
AMENDMENT OF ACTS
CHILDREN SERVICES TRIBUNAL ACT 2000
1 amendment of section 30 (2) amends the section to provide that a
person cannot be a Tribunal member for a reviewable decision made
under the Child Care Act 2002 if the member has been refused a
licence under that Act or the previous child care legislation, or has had
a licence under either of those Acts revoked.
2 insertion of new section 158 acts as a transitional provision for the
Child Care Act 2002.
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Child Care Bill 2002
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2000
1 insertion of new section 126A outlines what is employment in child
care.
2 insertion of new section 175 clarifies that "commencement day"
relates to the commencement of this section.
insertion of new section 176 provides transitional arrangements for
those services licensed before the commencement of the new
legislation in relation to suitability notices.
insertion of new section 177 provides transitional arrangements for
those people carrying on other regulated child care business.
insertion of new section 178 this section applies to a person who,
immediately before the commencement day, was employed in
employment mentioned in Schedule 1, section 3A.
3 insertion of new section 3A into Schedule 1--inserts new categories
of regulated employment, for example, carers and staff members in
child care services.
4 amendment of Schedule 1, section 4, example 4--omit, insert `child
minding'.
5 amendment of Schedule 1--inserts a provision which clarifies a
regulated business for the purpose of capturing those services that
provide child care.
6 amendment of Schedule 4--inserts a range of definitions for the
purposes of that legislation. These include adjunct care, child care,
child care centre, child care service, commercial service, cousin,
guardian and relative.
7 amendment of Schedule 4, definition "charge", paragraph (b), section
177--omit, insert section 214.
8 amendment of Schedule 4, definition "staff member"--insert "in
relation to a child care service, see the Child Care Act 2002, section
57.
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986
amendment of section 9A (1)--omit `Child Care Act 1991'.
1
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Child Care Bill 2002
EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) ACT
2001
1 amendment of section 6(2)(e)--omit, insert "a part of a school used
only to provide child care".
2 amendment of section 6(3)--provides a definition of child care.
3 amendment of Schedule 3, definition "preschool
education"--provides a definition of preschool education.
SCHEDULE 2
DICTIONARY
Schedule 2 sets out the dictionary for terms used in this Act.
© State of Queensland 2002