Queensland Consolidated Acts

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 or exemption 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 to give particular information to children's commissioner

           Division 9A--Publication of information about decision to amend, suspend, revoke or refuse to renew licence

   50B.    Non-application to school age care service
   50C.    Publication of information
   50D.    Information that must be published
   50E.    When information may be published
   50F.    When published information must be amended
   50G.    Period of publication of 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 or exemption notices

   74.     Licensee must keep evidence of compliance with Commissioner's Act

           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 2A--Compliance history log books

   88A.    Definitions
   88B.    Application of div 2A
   88C.    Where licensee must keep log book
   88D.    What log book must contain
   88E.    Licensee's identifying details that must be entered in log book
   88F.    Licensee's compliance history that must be entered in log book
   88G.    When licensee must enter information in log book
   88H.    Licensee must not enter personal information in log book
   88I.    When licensee must update information in log book
   88J.    When new licensee must include information from previous licensee's log book after transfer of licence
   88K.    When previous licensee must ensure information about licence that has ended is included in new licensee's log book
   88L.    Licensee must not enter false or misleading information in log book
   88M.    When licensee must advise parent or guardian about log book and parent's or guardian's right to inspect it
   88N.    When licensee must provide access to or copy log book

           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 children's commissioner
   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
   143A.   Publication of information about compliance notices
   143B.   Information that must be published
   143C.   When information may be published
   143D.   When published information must be amended
   143E.   Period of publication of information

           Division 3--Miscellaneous

   144.    Self-incrimination 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--Review of decisions by QCAT

   163.    Reviewable decisions
   164.    Chief executive or authorised officer must give notice after making reviewable decision
   164A.   Constitution of QCAT

           Division 1A--Review of certain compliance notices by chief executive

   164B.   Licensee may apply for review by chief executive of certain decisions to give compliance notices

           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 or exemption notice—corporate licensee
   166.    Applications for prescribed notices or exemption notices by occupants of homes
   166A.   Pending application for a prescribed notice—licensed home based service

           Division 3--Confidentiality
           Subdivision 1--Requirements for persons involved in administering this Act

   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
           Subdivision 2--Use and disclosure of URL data relating to approved kindergarten programs
   170A.   Definitions for sdiv 2
   170B.   Disclosure of URL data to chief executive and central governing bodies by relevant services
   170C.   Use and disclosure of URL data by chief executive
   170D.   Disclosure of URL data to Australian Bureau of Statistics and Australian Institute of Health and Welfare
   170E.   Recording, use and disclosure of URL data by authorised officer of central governing body

           Division 4--Miscellaneous

   171.    Register
   171A.   Protection against actions for defamation or breach of confidence
   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

           Division 5--Transitional provisions for Criminal History Screening Legislation Amendment Act 2010

   196.    Giving information about disciplinary action to children's commissioner
   197.    Giving information about prohibition notice to children's commissioner
   198.    Existing applications for prescribed notices by occupants of home

           Division 6--Transitional provision for Education and Care Services National Law (Queensland) Act 2011

   199.    Prohibition notices
           SCHEDULE 2 -- DICTIONARY
           Endnotes