Queensland Consolidated Acts
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CHILD CARE ACT 2002
TABLE OF PROVISIONS
Long Title
Contents
Part 1--Preliminary
Division 1--Introduction
1. Short title
2. Commencement
Division 2--Interpretation
3. Definitions
4. Meaning of child care
5. Meaning of child care service
6. Note in text
Division 3--Application, object and guiding principles
7. Act binds all persons
8. Object
9. Guiding principles
Part 2--Licensing of child care services
Division 1--Licensing generally
10. Types of child care service
11. Licence for centre based service
12. Licence for home based service
13. More than 1 licence or licensee
14. Term of licence
15. Form of licence
Division 2--Requirement to operate child care service under a licence
16. Conducting a child care service without a licence
17. Contravening a licence condition
Division 3--Process for issue or renewal of licence
18. Definition for div 3
19. Issue of licence
20. Provisional licence
21. Renewal of licence
22. Lapsing of application for renewal
Division 4--Bases for making licensing decisions
23. Application of div 4
24. Definitions for div 4
25. Guiding principles
26. Suitability of licensee and related persons
27. Prescribed notices for carers and staff members
28. Suitability of child care centre and facilities
29. Suitability of homes and facilities
30. Aboriginal or Torres Strait Islander children
31. Other criteria
Division 5--Licensed capacity of centre based service
32. Licensed capacity
33. Emergency care
Division 6--Nominee for licence held by corporation
34. Appointment of nominee
35. Purposes and effect of appointment of nominee
Division 7--Licence held by parents and citizens association
36. Definitions for div 7
37. Association may hold licence
38. Application of this Act to an association
39. Contravention of this Act by an association
Division 8--Amendment of licence
40. Amendment of licence on application
41. Restrictions on amendment of licence on application
42. Amendment of licence by chief executive
43. Urgent amendment of licence by chief executive
44. Amendment of licence to update details
Division 9--Suspension or revocation of licence
45. Suspension or revocation of licence
46. Urgent suspension of licence
47. Effect of suspension
48. Licensee must return suspended or revoked licence
49. Licensee to give notice of revocation or suspension of licence
50. Application to lift the suspension of licence
50A. Chief executive may notify Commissioner for Children and Young People and Child Guardian about particular information
Division 10--Other dealings with licence
51. Transfer of licence
52. Surrender of licence
53. Replacement licence
Division 11--Death of licensee
54. Death of sole licensee
55. Death of licensee if more than 1 licensee
Part 3--Carers, staff and related matters
Division 1--Preliminary
56. Meaning of carer
57. Meaning of staff member
58. Meaning of engage
59. Prescribed first aid competency
Division 2--Requirements for centre based service
60. Application of division
61. Standard requirements
62. Requirements applying to a service
63. Rest periods
64. Director for centre based service
65. Presence of at least 2 adults
66. First aid training
Division 3--Requirements for home based service
67. Coordinator for home based service
68. Carer in home based service must be adult
69. First aid training
Division 4--Qualifications, training and study
70. Certain unqualified persons may fulfil requirement for qualified person
71. Defence of relying on evidence of qualifications, training or study
72. Evidence of staff qualifications and competencies
73. Evidence of enrolment in a course of study
Division 5--Prescribed notices
74. Licensee must keep evidence of compliance with Commission for Children and Young People and Child Guardian Act 2000
Part 4--Conduct of licensed service
Division 1--General
75. Licensee's overriding responsibility
76. Policies
77. Role statements
78. Parents or guardians must be allowed access
79. Agreement to exclude liability for negligence
80. Licensee to inform chief executive of relevant changes
81. Licensee must report harm to children
82. Insurance
83. Provision of child care other than at child care centre or home
84. Copies of relevant legislation for carers and staff
Division 2--Records
85. Licensee must keep records
86. Access to records
87. Confidentiality of records
88. Record keeping obligations when person stops being licensee
Division 3--Other matters applying to licensed centre based service
89. Programs
90. Display of licence at child care centre
Division 4--Limits on number of children at 1 place applying to licensed home based service
91. Meaning of prescribed limits
92. Maximum numbers of children at a home
93. Further restriction of maximum numbers
94. Emergency care
95. Care provided away from home
96. Playgroups and excursions involving other carers
Division 5--Other matters applying to licensed home based service
97. Suitability of other persons in a home
98. Activities and experiences
Part 5--Conduct of stand alone service
99. Person conducting service and carers must be adults
100. Suitability of other persons in a home
101. Maximum numbers of children
102. Insurance
Part 6--Prohibition notices
Division 1--Basis for issuing notice
103. Basis for issuing prohibition notice
Division 2--Procedure
104. Show cause notice
105. Deciding whether to issue prohibition notice
106. Person to whom notice may be given
107. Content of prohibition notice
107A. Chief executive to give notice to the Commissioner for Children and Young People and Child Guardian
108. Cancellation of prohibition notice
Division 3--Offences
109. Contravening prohibition notice
110. Licensee must not engage person with prohibition notice
Part 7--Monitoring and enforcement
Division 1--Authorised officers
111. Appointment
112. Appointment conditions and limit on powers
113. When authorised officer stops holding office
114. Resignation
115. Issue of identity card
116. Return of identity card
117. Production or display of identity card
Division 2--Powers of authorised officers
Subdivision 1--Entry of places
118. Power to enter places
Subdivision 2--Procedure for entry
119. Entry with consent
120. Application for warrant
121. Issue of warrant
122. Special warrants
123. Warrants—procedure before entry
124. Entering a home and preserving privacy
Subdivision 3--Powers after entry
125. General powers after entering a place
126. Failure to help authorised officer
Subdivision 4--Power to seize evidence
127. Definition for sdiv 4
128. Seizing evidence after entry without consent or warrant
129. Seizing evidence after entry with consent or warrant
130. Receipts for seized things
131. Forfeiture of seized things
132. Return of seized things
133. Access to seized things
Subdivision 5--Power to obtain information
134. Power to require name and address
135. Power to require evidence of age, name and address of person suspected of being underage carer
136. Power to require information
137. Power to require production of documents
138. Failure to produce documents
Subdivision 6--Monitoring suitability of relevant persons
139. Suitability of persons in home in which stand alone child care is provided
140. Chief executive may obtain information about suitability checks
141. Notification that an occupant is a disqualified person
Subdivision 7--Other compliance matters
142. Compliance notice
143. Compliance with Building Act requirements for child care centre
Division 3--Miscellaneous
144. Selfincrimination and warning
145. Compensation
146. Alteration of licence
147. False or misleading statements
148. False or misleading documents
149. Obstructing an authorised officer
150. Impersonation of an authorised officer
Part 8--Legal proceedings
Division 1--Evidence
151. Application of div 1
152. Appointments and authority
153. Signatures
154. Other evidentiary aids
Division 2--Offence proceedings
155. Summary proceedings for offences
156. Statement of complainant's knowledge
157. False or misleading information or statements
158. Responsibility for acts or omissions of representatives
159. Executive officers must ensure corporation complies with Act
160. Defence of exercising reasonable diligence to ensure compliance
161. Reasonable belief about person's age
162. Emergencies
Part 9--General
Division 1--Reviewable decisions
163. Reviewable decisions
164. Chief executive must give notice after making reviewable decision
Division 2--Application of Commission for Children and Young People and Child Guardian Act 2000
165. Application of Act to corporations
165A. Pending application for a prescribed notice—corporate licensee
166. Applications for prescribed notices by occupants of homes
166A. Pending application for a prescribed notice—licensed home based service
Division 3--Confidentiality
167. Duty of confidentiality
168. Recording, use or disclosure for authorised purpose
169. Disclosure to relevant entities in other jurisdictions
170. Reporting matters of concern to other departments
Division 4--Miscellaneous
171. Register
172. Review of regulation about certain matters
173. Delegation by chief executive
174. Approved forms
175. Regulation-making power
Part 10--Repeal and transitional provisions
Division 1--Repeal
176. Repeal of Child Care Act 1991
Division 2--General transitional provisions
177. Licences
178. Applications
179. Nominee of licence held by corporation
180. Licensed capacity of more than 75
181. Directions
182. Application for review of decision under repealed Act
183. Review of decision under repealed Act
184. Occupants of homes in which licensed child care is provided
185. Prohibition notices
186. Authorised persons
187. Existing unlicensed services
188. Exemptions from Building Act requirements
Division 3--Transitional provisions about qualifications
189. Assistants taken to be qualified
190. Certain registered nurses taken to have group leader qualifications
191. Holders of, and applicants for, certificates of endorsement
192. Unqualified person engaged as director, assistant director or group leader
193. Unqualified person who was at least 45 on commencement of repealed Act
194. Unqualified person engaged as coordinator
Division 4--Regulatory impact statement for first regulation
195. Application of the Statutory Instruments Act 1992, pt 5
SCHEDULE 2 DICTIONARY
Endnotes
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