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PARLIAMENT OF VICTORIA
Children's Legislation Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF CHILDREN'S SERVICES ACT 1996 3
3 Definitions 3
4 Non-application of Act 5
5 Exemptions 6
6 Offence to carry on unlicensed children's service 7
7 Offence to advertise unlicensed etc. children's service 7
8 Part 3 substituted 7
PART 3--LICENSING OF CHILDREN'S SERVICES 7
Division 1--Approval of premises 7
9 Application for approval of premises 7
10 Criteria for grant of approval of premises 8
11 Decision on application 8
12 Certificate of approval of premises 9
13 Term of approval 9
14 Cancellation of approval of premises 9
Division 2--Application for licence 9
15 Application for licence to operate children's service 9
16 Application for licence to operate family day care
service 10
17 Types of licence 10
18 Form of application 10
19 Further information about approval of premises 11
20 Further information about family day care service 12
21 Inspection of premises 12
561159B.I-9/4/2008 i BILL LA INTRODUCTION 9/4/2008
Clause Page
Division 3--Determination of fit and proper person 13
22 Secretary to consider whether persons are fit and
proper persons 13
23 Exception for certain nominees 13
24 Secretary may require certain testing 14
25 Matters to be taken into account 15
25A Determination of fit and proper person 16
Division 4--Decision on application 17
25B Grant or refusal of licence 17
25C Grounds for refusal 17
25D Licence to apply to single premises unless for family
day care service 18
25E Conditions on licence 18
25F Notice of decision 19
25G Grant of licence 19
25H Term of licence 20
Division 5--Nominees and venues 20
25I Notice of approved nominees and accepted nominees 20
25J Approved venues 20
25K Approvals of new nominees 21
25L Approval of new family day care venues 21
25M Form of application 22
Division 6--Renewal and variation of licence 22
25N Application for renewal of a licence 22
25O Renewal of a licence 22
25P Variation of a licence 23
25Q Criteria for renewal or variation of licence 24
25R Transfer of licence prohibited 25
25S Voluntary suspension of a licence 25
25T Cancellation of a licence at request of licensee 26
25U Death, bankruptcy or incapacity of licensee 26
9 Protection of children from hazards and harm 26
10 New section 26B inserted 27
26B Educational or recreational programs 27
11 Inadequate supervision of children 28
12 Discipline of children 29
13 Premises to be kept clean and in good repair 29
14 New sections 29A to 29C inserted 30
29A Child/staff ratios 30
29B Authorisation to administer medication 30
29C Secretary to be notified of a serious incident 31
561159B.I-9/4/2008 ii BILL LA INTRODUCTION 9/4/2008
Clause Page
15 New section 30 substituted 31
30 Licensee or nominee to be present at children's service 31
16 Offence to contravene condition etc. of licence 32
17 Change of directors etc. 32
18 New sections 32A and 32B inserted 32
32A Family day care service to provide Secretary with
certain information 32
32B Enrolment and other documents 33
19 Section 33 substituted 34
33 Licence must be displayed 34
20 Licensee to notify clients of certain changes 34
21 Monitoring 34
22 Powers of entry 34
23 New section 36A inserted 35
36A Power of authorised officers to obtain information,
documents and evidence 35
24 Offence related search and seizure at licensed premises 36
25 Identity card must be shown 37
26 Protection against self-incrimination 37
27 New section 42A inserted 37
42A Power of Secretary to obtain information, documents
and evidence 37
28 Power of Secretary to obtain information, documents and
evidence 39
29 Notice to enforce requirements 39
30 New section 43A inserted 41
43A Notice to take emergency action 41
31 Offences relating to enforcement 42
32 Delegation by Secretary 42
33 New sections 53A and 53B inserted 42
53A Register of family day carers 42
53B Publication of information 43
53C Disclosure of information to other authorities 44
34 New section 54A inserted 45
54A Internal review 45
35 Application to VCAT for review 45
36 Regulations 46
37 Transitional and saving provisions 46
38 Statute law revision 46
39 New section 62 inserted 46
62 Transitional and saving provisions--Children's
Legislation Amendment Act 2008 46
561159B.I-9/4/2008 iii BILL LA INTRODUCTION 9/4/2008
Clause Page
40 New Schedule inserted 47
SCHEDULE--Transitional and Saving Provisions 47
PART 1--PRELIMINARY 47
1 Definitions 47
2 General transitional provisions 48
3 Savings and transitional regulations 48
PART 2--LICENCES FOR EXISTING FAMILY DAY
CARE AND OUTSIDE SCHOOL HOURS CARE
SERVICES 49
Division 1--Application of Act 49
4 Application of Act during application period 49
Division 2--Full licence 49
5 Application of Act during determination period 49
Division 3--Provisional licence 50
6 Existing service may apply to Secretary for provisional
licence 50
7 Application of Act during determination period 51
8 Secretary may grant provisional licence 51
9 Conditions on provisional licence 52
Division 4--Application for a full licence by holder of
provisional licence 52
10 Approval of premises 52
11 Provisional licence is cancelled on granting full licence 52
Division 5--Other transitional provisions 53
12 Saving of approvals in principle 53
PART 3--AMENDMENT OF CHILD WELLBEING AND
SAFETY ACT 2005 54
41 Principles for children 54
PART 4--REPEAL OF AMENDING ACT 55
42 Repeal of Act 55
ENDNOTES 56
561159B.I-9/4/2008 iv BILL LA INTRODUCTION 9/4/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Children's Legislation Amendment Bill
2008
A Bill for an Act to amend the Children's Services Act 1996 and the
Child Wellbeing and Safety Act 2005 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Children's Services Act 1996
5 to provide further for the licensing and
regulation of children's services; and
(b) to amend the Child Wellbeing and Safety
Act 2005 to provide for a kindergarten
principle for children.
561159B.I-9/4/2008 1 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 1--Preliminary
s. 2
2 Commencement
(1) This Part and sections 6, 7(2), 9(1), 9(2), 9(3),
9(4), 11(1), 11(2), 12(1), 12(2), 13(1), 16, 17,
20(2), 20(3), 27, 29(6) and 30 come into operation
5 on the day after the day on which this Act receives
the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
10 (3) If a provision referred to in subsection (2) does
not come into operation before 25 May 2009, it
comes into operation on that day.
__________________
561159B.I-9/4/2008 2 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 3
PART 2--AMENDMENT OF CHILDREN'S SERVICES
ACT 1996
3 Definitions
(1) In section 3(1) of the Children's Services Act See:
Act No.
5 1996 insert the following definitions-- 53/1996.
Reprint No. 1
"approval of premises means an approval under as at
9 December
section 11; 1999
and
family day care service means a children's service amending
providing a network of family day carers Act Nos
74/2000,
10 each of whom provide care or education for 108/2004,
up to 7 children (of whom no more than 10/2005,
24/2006,
4 children may be under 6 years of age 48/2006,
unless the children (other than the carer's 58/2007 and
3/2008.
own children) are siblings in which case no LawToday:
15 more than 6 siblings may be under 6 years of www.
legislation.
age) including the carer's own children; vic.gov.au
family day care venue means premises (other than
a residence) used by a family day care
service to provide care and education to
20 children;
family day carer, in relation to a family day care
service, means a person approved by the
family day care service to provide care or
education to children primarily--
25 (a) in the person's residence; or
(b) at a family day care venue;
fit and proper person check means a
consideration by the Secretary under this Act
as to whether a person is a fit and proper
30 person;
561159B.I-9/4/2008 3 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 3
nominee, in relation to a children's service, means
a person who is an approved nominee or an
accepted nominee under Part 3 for that
service;
5 primary nominee, in relation to a children's
service, means--
(a) if there is one nominee for that service,
that nominee;
(b) if there is more than one nominee for
10 that service, the nominee who is
approved under Part 3 as the primary
nominee for that service;
registered medical practitioner has the same
meaning as it has in the Health Professions
15 Registration Act 2005;
sibling, of a child, means--
(a) a brother or sister of the whole blood or
half-blood or by adoption or by
marriage, including de facto marriage;
20 or
(b) a child to whom foster care is provided
by a parent (including an adoptive
parent) or guardian of the first-
mentioned child;".
25 (2) In section 3(1) of the Children's Services Act
1996, in the definition of children's service--
(a) for "5 or more" substitute "4 or more";
(b) for "6 years" substitute "13 years".
(3) In section 3(1) of the Children's Services Act
30 1996, in the definition of proprietor, after
"the service" (where first occurring) insert
", the primary nominee".
561159B.I-9/4/2008 4 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 4
4 Non-application of Act
(1) Section 5(1)(b) of the Children's Services Act
1996 is repealed.
(2) After section 5(1) of the Children's Services Act
5 1996 insert--
"(1A) Nothing in this Act applies in circumstances
where the education provided to a child is
education at a preparatory level or above at a
Government school, or non-Government
10 school, within the meaning of the Education
and Training Reform Act 2006.
(1B) Nothing in this Act applies--
(a) to a service principally conducted to
provide instruction in a particular
15 activity or sport; or
Example
Instruction in a particular activity could be
instruction in dance, music or language or
religious instruction.
20 (b) to a playgroup registered with
Playgroup Victoria Inc.
(1C) To avoid doubt, it is declared that a service
may be a children's service even though it is
conducted--
25 (a) by an entity that also carries on a
school; or
(b) at premises at which a school is also
carried on.".
561159B.I-9/4/2008 5 BILL LA INTRODUCTION 9/4/2008
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Part 2--Amendment of Children's Services Act 1996
s. 5
(3) For section 5(3) of the Children's Services Act
1996 substitute--
"(3) Nothing in this Act applies in circumstances
where--
5 (a) children are being cared for or educated
under an informal arrangement between
a parent or guardian of one or more of
the children and the individual (the
carer) providing the care and
10 education; and
(b) at least one of the children (other than a
child of the carer) is being cared for or
educated in his or her own home; and
(c) not more than 4 children under the age
15 of 6 are being cared for or educated by
the carer.
Example
A group of parents arrange for their children to be
cared for by a babysitter or nanny in one of the
20 parent's homes.
(4) Nothing in this Act applies in circumstances
where children who are 6 years of age or
over are being cared for or educated outside
their own home under an informal
25 arrangement between a parent or guardian of
the children and the individual providing the
care or education.
Example
A parent arranges for a neighbour or friend to care for
30 his or her children after school.".
5 Exemptions
In sections 6(1), 6(4) and 56(2)(c) of the
Children's Services Act 1996 omit "class or".
561159B.I-9/4/2008 6 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 6
6 Offence to carry on unlicensed children's service
For the penalty at the foot of section 7 of the
Children's Services Act 1996 substitute--
"Penalty: 240 penalty units.".
5 7 Offence to advertise unlicensed etc. children's
service
(1) In section 8 of the Children's Services Act 1996,
for "approval in principle" (wherever occurring)
substitute "approval of premises".
10 (2) For the penalty at the foot of section 8(1) of the
Children's Services Act 1996 substitute--
"Penalty: 120 penalty units.".
8 Part 3 substituted
For Part 3 of the Children's Services Act 1996
15 substitute--
"PART 3--LICENSING OF CHILDREN'S
SERVICES
Division 1--Approval of premises
9 Application for approval of premises
20 (1) A person may apply to the Secretary for
approval of--
(a) the use of particular premises for
operating a children's service; or
(b) premises proposed to be constructed for
25 use in operating a children's service; or
(c) alterations or extensions to premises
used or proposed to be use for
operating a children's service.
561159B.I-9/4/2008 7 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 8
(2) An application must--
(a) be in writing; and
(b) contain the relevant prescribed
information; and
5 (c) be accompanied by the relevant
prescribed fee.
(3) An applicant under this section must give the
Secretary any further information relating to
the application that the Secretary requests
10 including design sketches, construction
drawings, plans or specifications relating to
the premises proposed to be used or
constructed, altered or extended.
10 Criteria for grant of approval of premises
15 In deciding whether to grant, or to refuse to
grant, an approval of premises, the Secretary
must consider whether the design and the
location of the premises are satisfactory for
the operation of a children's service.
20 11 Decision on application
(1) On receiving an application under section 9,
the Secretary must decide whether to grant,
or to refuse to grant, approval of--
(a) the use of particular premises for
25 operating a children's service; or
(b) premises proposed to be constructed for
use in operating a children's service; or
(c) alterations or extensions to premises
used or proposed to be used for
30 operating a children's service.
(2) The approval may be granted subject to
conditions.
561159B.I-9/4/2008 8 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 8
(3) The Secretary must give notice in writing to
the applicant of his or her decision within
30 days after receiving the application under
section 9 or, if the Secretary requests further
5 information from the applicant, within
30 days after receiving that information.
12 Certificate of approval of premises
If the Secretary grants an approval of
premises, the Secretary must issue a
10 certificate of approval of premises stating--
(a) the address at which the premises are
located; and
(b) any conditions to which the approval is
subject.
15 13 Term of approval
An approval of premises remains in force for
5 years unless it is sooner cancelled.
14 Cancellation of approval of premises
The Secretary may cancel an approval of
20 premises if--
(a) the premises do not conform to any
condition of the approval of premises;
or
(b) the premises are otherwise not
25 satisfactory for the operation of a
children's service.
Division 2--Application for licence
15 Application for licence to operate
children's service
30 (1) A person may apply to the Secretary to
obtain a licence of a prescribed type to
operate a children's service at premises for
561159B.I-9/4/2008 9 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 8
which there is a current approval of
premises.
(2) This section does not apply to an application
for a licence to operate a family day care
5 service.
16 Application for licence to operate family
day care service
A person may apply to the Secretary to
obtain a licence to operate a family day care
10 service.
17 Types of licence
The regulations may prescribe other types of
licence for the purposes of this Act.
18 Form of application
15 An application under section 15 or 16--
(a) must--
(i) be in writing; and
(ii) specify the type of licence sought;
and
20 (iii) contain the relevant prescribed
information; and
(b) must be accompanied by--
(i) the relevant prescribed fee; and
(ii) the name and address of any
25 person nominated by the applicant
to manage or control the children's
service in the absence of the
licensee; and
(iii) a declaration by the applicant that
30 the person nominated is a fit and
proper person to manage or
control a children's service; and
561159B.I-9/4/2008 10 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 8
(iv) if more than one person is
nominated, the name of the person
who is to have primary
responsibility for the management
5 or control of the service in the
absence of the licensee; and
(v) if the applicant is a body
corporate, the name and address of
any director or officer of the body
10 corporate who may exercise
control over the operation of the
children's service; and
(vi) if the applicant is a body
corporate, the name and address of
15 the person appointed to represent
the licensee in relation to the
application and the operation of
the children's service; and
(vii) any other information required by
20 this Division; and
(viii) any other things or information
that are prescribed.
19 Further information about approval of
premises
25 An application under section 15 must also be
accompanied by--
(a) a copy of the current certificate of
approval of premises; and
(b) details of any circumstances that have
30 changed with respect to the design or
location of the premises where the
service is to operate since the approval
was granted.
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Part 2--Amendment of Children's Services Act 1996
s. 8
20 Further information about family day
care service
(1) An application under section 16 must
include--
5 (a) the address that is to be the service's
principal office; and
(b) the address of any family day care
venue proposed to be used by the
service; and
10 (c) a statement of the process proposed to
be used by the applicant to approve--
(i) a family day carer; and
(ii) a family day carer's residence.
21 Inspection of premises
15 (1) An applicant for a licence to operate a
children's service at premises for which there
is a current approval of premises must permit
the Secretary or an authorised officer to
inspect the premises to determine whether
20 the premises are still satisfactory for the
operation of a children's service.
(2) An applicant for a licence to operate a family
day care service must permit the Secretary or
an authorised officer to inspect any family
25 day care venue proposed to be used by the
service to determine whether the premises
are satisfactory for the operation of a family
day care service.
561159B.I-9/4/2008 12 BILL LA INTRODUCTION 9/4/2008
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Part 2--Amendment of Children's Services Act 1996
s. 8
Division 3--Determination of fit and proper
person
22 Secretary to consider whether persons are
fit and proper persons
5 In determining an application under
section 15 or 16, the Secretary must consider
whether--
(a) the applicant for the licence is a fit and
proper person to operate a children's
10 service; and
(b) if the applicant is a body corporate, any
director or other officer of the body
corporate who exercises or may
exercise control over the operation of
15 the children's service is a fit and proper
person; and
(c) any person nominated by the applicant
to manage or control the children's
service in the absence of the licensee is
20 a fit and proper person.
23 Exception for certain nominees
(1) The Secretary is not required to carry out a
fit and proper person check of a person who
has been nominated by the applicant and in
25 respect of whom the applicant has made a
declaration under section 18(b)(iii) if the
Secretary is satisfied that--
(a) the applicant will be attending and
managing or controlling the children's
30 service on a daily basis; or
(b) if the applicant is a body corporate, at
least one of the directors of the body
corporate whom the Secretary has
determined is a fit and proper person
35 will be attending and managing or
561159B.I-9/4/2008 13 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 8
controlling the children's service on a
daily basis; or
(c) more than one person has been
nominated to manage or control the
5 children's service and the person to
whom the declaration relates will not
have primary responsibility for
managing or controlling the children's
service.
10 (2) A person in respect of whom a fit and proper
person check is not carried out because of
subsection (1) is an accepted nominee for the
purposes of this Act.
(3) The Secretary may revoke a person's
15 acceptance as an accepted nominee under
this Part if the Secretary is satisfied that the
person has ceased to be a fit and proper
person.
24 Secretary may require certain testing
20 The Secretary may require a person in
respect of whom a fit and proper person
check is being carried out under this Part--
(a) to submit to any tests or provide any
references or reports to determine the
25 suitability of the person; and
(b) to submit to any medical or psychiatric
examination that the Secretary
considers appropriate in order to
determine the suitability of the person
30 and, if required by the Secretary,
provide any results or reports of the
examination.
561159B.I-9/4/2008 14 BILL LA INTRODUCTION 9/4/2008
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Part 2--Amendment of Children's Services Act 1996
s. 8
25 Matters to be taken into account
(1) Subject to subsection (2), in carrying out a fit
and proper person check on a person, the
Secretary may take into account all or any of
5 the following matters--
(a) whether the person has within the
10 years preceding the application been
found guilty of an indictable offence
against the person or an offence
10 involving dishonesty, fraud or
trafficking in drugs of dependence for
which the maximum penalty exceeds
3 months imprisonment;
(b) whether the person has been found
15 guilty of an offence against this Act or
any corresponding previous Act or
regulations;
(c) whether the person is not of sound
financial reputation and stable financial
20 background;
(d) whether the person is not of good
repute having regard to character,
honesty and integrity.
(2) The Secretary may take into account all or
25 any of the matters referred to in subsection
(1)(a), (1)(b) or (1)(d) in carrying out a fit
and proper person check on a person who is
nominated to manage or control a children's
service in the absence of the licensee.
30 (3) Nothing in this section limits the
circumstances in which a person may be
considered not to be a fit and proper
person--
(a) to operate a children's service; or
561159B.I-9/4/2008 15 BILL LA INTRODUCTION 9/4/2008
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Part 2--Amendment of Children's Services Act 1996
s. 8
(b) in the case of a body corporate, to be
the director or other officer of the body
corporate who exercises or may
exercise control over the operation of
5 the children's service; or
(c) to manage or control a children's
service in the absence of the licensee.
25A Determination of fit and proper person
(1) After carrying out a fit and proper person
10 check in respect of a person, the Secretary
must determine whether or not the person is
a fit and proper person for the purposes of
this Part.
Note
15 A fit and proper person check is not required to be
carried out in certain circumstances (see section 23).
(2) A determination under this section that a
person is a fit and proper person--
(a) remains in force for a period not
20 exceeding 5 years specified in the
determination unless it is sooner
revoked; and
(b) may be relied on by the Secretary in
relation to any other application under
25 this Act while the determination
remains in force.
(3) If a determination under this section that a
person is a fit and proper person to manage
or control a children's service in the absence
30 of the licensee is in force, that person is an
approved nominee for the purposes of this
Act.
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Part 2--Amendment of Children's Services Act 1996
s. 8
(4) The Secretary may revoke a determination
under this section if the Secretary is satisfied
that the person has ceased to be a fit and
proper person.
5 Division 4--Decision on application
25B Grant or refusal of licence
The Secretary may grant or refuse to grant a
licence.
25C Grounds for refusal
10 The Secretary must refuse to grant a licence
if--
(a) the Secretary has determined under
Division 3 that--
(i) the applicant for the licence is not
15 a fit and proper person to operate
a children's service; or
(ii) any person nominated to manage
or control the children's service in
the absence of the licensee is not a
20 fit and proper person to do so; or
(iii) if the applicant is a body
corporate, any director or other
officer of the body corporate who
exercises or may exercise control
25 over the operation of the children's
service is not a fit and proper
person to do so; or
(b) except in the case of a family day care
service, there is no current approval of
30 premises for the premises proposed to
be used for the children's service.
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Part 2--Amendment of Children's Services Act 1996
s. 8
25D Licence to apply to single premises unless
for family day care service
The Secretary must not grant a licence to
operate a children's service (other than a
5 family day care service) in respect of more
than one premises.
25E Conditions on licence
(1) A licence is granted subject to the condition
that the children's service is operated in a
10 way that--
(a) ensures the safety of the children being
cared for or educated; and
(b) ensures that the developmental needs of
those children are met; and
15 (c) supports the health and wellbeing of
those children.
(2) A licence is granted subject to the condition
that a person must not manage or control the
operation of the children's service in the
20 absence of the licensee unless the person is
an approved nominee or an accepted
nominee under this Part.
(3) A licence for a family day care service is
granted subject to the condition that premises
25 must not be used as a family day care venue
unless the premises are first approved by the
Secretary under this Part.
(4) A licence may be granted subject to any
other conditions or restrictions set out in the
30 licence that are prescribed or that the
Secretary imposes.
(5) Without limiting the power of the Secretary
to impose any other conditions or restrictions
on a licence, the Secretary may impose
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Part 2--Amendment of Children's Services Act 1996
s. 8
conditions or restrictions about the following
matters--
(a) the premises or part of the premises
from which the service can be
5 provided;
(b) the maximum number of children that
may be cared for or educated by the
service;
(c) the ages of the children who may be
10 cared for or educated by the service;
(d) any change to a person having the
management or control of the service in
the absence of the licensee;
(e) any change in a family day care venue;
15 (f) the minimum number of staff who must
be in attendance at the service;
(g) the qualifications of the staff of the
service.
25F Notice of decision
20 The Secretary must give notice in writing to
the applicant of the Secretary's decision
within 30 days after receiving the application
or, if the Secretary has required testing,
examination or further information, within
25 30 days after receiving the results or report
of the test or examination or that
information.
25G Grant of licence
(1) If the Secretary grants a licence under this
30 Division, the Secretary must send a copy of
the licence to the licensee stating--
(a) the name of the person to whom it is
issued; and
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Part 2--Amendment of Children's Services Act 1996
s. 8
(b) in the case of a licence other than a
licence to operate a family day care
service, the premises from which the
service can operate; and
5 (c) in the case of a family day care service,
the principal office of the family day
care service; and
(d) any conditions or restrictions to which
it is subject.
10 (2) The licence to operate a family day care
service must not state premises that are the
residences of the family day carers or family
day care venues.
25H Term of licence
15 A licence remains in force for a period not
exceeding 5 years determined by the
Secretary and specified in the licence unless
the licence is sooner cancelled.
Division 5--Nominees and venues
20 25I Notice of approved nominees and
accepted nominees
If the Secretary grants a licence to operate a
children's service, the Secretary must notify
the licensee of the persons who are the
25 approved nominees and the accepted
nominees for the purpose of that service.
25J Approved venues
(1) If the Secretary grants a licence to operate a
family day care service, the Secretary may
30 approve a venue as a family day care venue
for that service.
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Part 2--Amendment of Children's Services Act 1996
s. 8
(2) The Secretary must notify the licensee of any
venue that is an approved family day care
venue for that service.
25K Approvals of new nominees
5 (1) A licensee may apply to the Secretary for--
(a) approval of a person who is to have the
management or control of the service in
the absence of the licensee; or
(b) approval of a person who is to have
10 primary responsibility for the
management or control of the service in
the absence of the licensee.
(2) Division 3 applies (with any necessary
changes) to an application under
15 subsection (1).
(3) The Secretary must notify the licensee of the
persons who are approved nominees and
accepted nominees for the service as a result
of an application under this section.
20 25L Approval of new family day care venues
(1) The Secretary, on the application of the
licensee of a family day care service, may
approve a new family day care venue for that
service.
25 (2) Section 21 applies (with any necessary
changes) to an application under
subsection (1).
(3) The Secretary must notify the licensee of the
approval of a venue under this section.
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Part 2--Amendment of Children's Services Act 1996
s. 8
25M Form of application
An application under section 25K or 25L
must--
(a) be in writing and contain the relevant
5 prescribed information; and
(b) be accompanied by the relevant
prescribed fee.
Division 6--Renewal and variation of licence
25N Application for renewal of a licence
10 (1) A licensee may apply to the Secretary for the
renewal of the licensee's licence.
(2) An application must--
(a) be in writing and contain the relevant
prescribed information; and
15 (b) be accompanied by the relevant
prescribed renewal fee.
(3) A renewal application must be made at least
2 months before the expiry of the licence but
not more than 3 months before that expiry.
20 (4) The Secretary may, on receipt of the
prescribed late application fee, consider an
application for renewal of a licence that is
received within the 2 month period referred
to in subsection (3) but before the expiry of
25 the licence.
25O Renewal of a licence
(1) The Secretary may renew a licence or refuse
to renew a licence.
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Part 2--Amendment of Children's Services Act 1996
s. 8
(2) On renewing a licence, the Secretary may--
(a) renew the licence as then in force; or
(b) vary or revoke any of the conditions or
restrictions to which the licence is
5 subject; or
(c) impose new conditions or restrictions
on the licence.
(3) The conditions or restrictions to which a
licence is subject must be set out in the
10 licence.
(4) A renewed licence remains in force for a
period not exceeding 5 years determined by
the Secretary and specified in the licence
unless the licence is sooner cancelled.
15 25P Variation of a licence
(1) The Secretary may at any time--
(a) vary or revoke a condition or restriction
of a licence; or
(b) impose a new condition or restriction
20 on a licence; or
(c) vary the period of a licence.
(2) The Secretary must not vary the period of a
licence so that it exceeds 5 years.
(3) The Secretary may act under
25 subsection (1)--
(a) on the Secretary's own initiative after
consultation with the licensee; or
(b) on the application of the licensee.
(4) An application must--
30 (a) be in writing and contain the relevant
prescribed information; and
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Part 2--Amendment of Children's Services Act 1996
s. 8
(b) be accompanied by the relevant
prescribed fee.
(5) The Secretary must send a notice of the
variation of the licence and a copy of the
5 varied licence to the licensee within 7 days
after determining that the licence should be
varied.
(6) A variation of the period of a licence or a
condition or restriction of a licence does not
10 take effect until 30 days after the Secretary
gives the licensee notice in writing of the
variation unless the Secretary, with the
consent of the licensee, determines that the
variation takes effect earlier.
15 25Q Criteria for renewal or variation of licence
(1) The Secretary must not renew a children's
service licence unless the Secretary is
satisfied that the licensee continues to be
able to satisfy all or any of the requirements
20 of Divisions 3 and 4 to be granted a licence
for the children's service that the Secretary
considers should be satisfied in the
circumstances.
(2) The Secretary must not vary a children's
25 service licence on the application of a
licensee unless the Secretary is satisfied that
the licensee continues to be able to satisfy all
or any of the requirements of Divisions 3
and 4 to be granted a licence for the
30 children's service that the Secretary
considers should be satisfied in the
circumstances.
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s. 8
(3) For the purposes of this section, the
provisions of Divisions 3 and 4 determined
by the Secretary under subsection (1) or (2)
apply to the licensee as if the licensee were
5 an applicant for a licence under Division 2.
25R Transfer of licence prohibited
A licence is not transferable to another
person.
25S Voluntary suspension of a licence
10 (1) A licensee may apply to the Secretary for a
suspension of the licensee's licence.
(2) An application must--
(a) be in writing and contain the relevant
prescribed information; and
15 (b) be accompanied by the prescribed fee.
(3) The Secretary may, by notice in writing,
grant an application under subsection (1) if
the Secretary is satisfied that--
(a) the applicant proposes to resume the
20 operation of the children's service at the
premises at the end of the period of
suspension; and
(b) any other prescribed conditions have
been met.
25 (4) A period of suspension under this section
remains in force for the period of time
specified in the notice.
(5) A period of suspension under this section
must be added to the total period for which
30 the licence was granted even if the new
period of the licence exceeds 5 years.
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s. 9
(6) A licensee whose licence is suspended under
this section is deemed not to be a licensee in
respect of the premises to which the licence
applies for the period of the suspension.
5 25T Cancellation of a licence at request of
licensee
(1) The Secretary may cancel a licence if the
Secretary is satisfied that--
(a) the licensee has requested that the
10 licence be cancelled; or
(b) the licensee has ceased operating the
service.
(2) If the Secretary cancels a licence, the
Secretary must give written notice of the
15 cancellation to the licensee at least 7 days
before the cancellation takes effect.
25U Death, bankruptcy or incapacity of
licensee
(1) This section applies to a children's service in
20 respect of which there is only one licensee
and that licensee is a natural person.
(2) If the Secretary is satisfied that the licensee
of a children's service to which this section
applies has died or has become bankrupt or
25 incapacitated, the Secretary may appoint any
person that the Secretary considers
appropriate as licensee of the children's
service for a period not exceeding
6 months.".
30 9 Protection of children from hazards and harm
(1) In section 26(1) of the Children's Services Act
1996 after "educated by the service" insert
"from harm and".
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(2) For the penalty at the foot of section 26(1) of the
Children's Services Act 1996 substitute--
"Penalty: 120 penalty units.".
(3) In section 26(2) of the Children's Services Act
5 1996 after "that staff member" insert "from harm
and".
(4) For the penalty at the foot of section 26(2) of the
Children's Services Act 1996 substitute--
"Penalty: 120 penalty units.".
10 (5) After section 26(2) of the Children's Services
Act 1996 insert--
"(3) A family day carer must ensure that every
reasonable precaution is taken to protect a
child in his or her care as a family day carer
15 from harm and from any hazard likely to
cause injury.
Penalty: 120 penalty units.".
(6) For the penalty at the foot of section 26A of the
Children's Services Act 1996 susbstitute--
20 "Penalty: 60 penalty units.".
10 New section 26B inserted
Before section 27 of the Children's Services Act
1996 insert--
"26B Educational or recreational programs
25 (1) The proprietor of a children's service must
ensure that there is made available to all
children cared for or educated by the
children's service an educational or
recreational program--
30 (a) that is based on the developmental
needs, interests and experiences of each
child; and
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s. 11
(b) that is designed to take into account the
individual differences of those children;
and
(c) that enhances each child's development.
5 Penalty: 60 penalty units.
(2) A family day carer must ensure that there is
made available to all children who are being
cared for or educated by the carer as a family
day carer an educational or recreational
10 program--
(a) that is based on the developmental
needs, interests and experiences of each
child; and
(b) that is designed to take into account the
15 individual differences of those children;
and
(c) that enhances each child's development.
Penalty: 60 penalty units.".
11 Inadequate supervision of children
20 (1) For the penalty at the foot of section 27(1) of the
Children's Services Act 1996 substitute--
"Penalty: 120 penalty units.".
(2) For the penalty at the foot of section 27(2) of the
Children's Services Act 1996 substitute--
25 "Penalty: 120 penalty units.".
(3) After section 27(2) of the Children's Services
Act 1996 insert--
"(3) A family day carer must ensure that any
child in the care of the carer as a family day
30 carer is adequately supervised.
Penalty: 120 penalty units.".
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12 Discipline of children
(1) For the penalty at the foot of section 28(1) of the
Children's Services Act 1996 substitute--
"Penalty: 120 penalty units.".
5 (2) For the penalty at the foot of section 28(2) of the
Children's Services Act 1996 substitute--
"Penalty: 120 penalty units.".
(3) After section 28(2) of the Children's Services
Act 1996 insert--
10 "(3) A family day carer must not subject any
child being cared for or educated by the carer
as a family day carer to--
(a) any form of corporal punishment; or
(b) any discipline which is unreasonable in
15 the circumstances.
Penalty: 120 penalty units.".
13 Premises to be kept clean and in good repair
(1) For the penalty at the foot of section 29 of the
Children's Services Act 1996 substitute--
20 "Penalty: 120 penalty units.".
(2) At the end of section 29 of the Children's
Services Act 1996 insert--
"(2) A family day carer must take reasonable
steps to ensure that the building, the grounds
25 and all equipment and furnishings used by
the carer, as a family day carer, for the care
or education of a child are maintained in a
safe, clean and hygienic condition and in
good repair.
30 Penalty: 120 penalty units.".
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14 New sections 29A to 29C inserted
After section 29 of the Children's Services Act
1996 insert--
"29A Child/staff ratios
5 (1) A proprietor of a children's service must
ensure that, whenever children are being
cared for or educated by the children's
service, the number of staff members caring
for or educating the children is no less than
10 the number prescribed for this purpose.
Penalty: 120 penalty units.
(2) Subsection (1) does not apply to any
children's service or any type of children's
service that the Secretary, by notice
15 published in the Government Gazette,
declares to be a children's service or type of
children's service to which subsection (1)
does not apply.
29B Authorisation to administer medication
20 (1) A proprietor of a children's service must
ensure that medication is not administered to
a child being cared for or educated by the
children's service unless--
(a) the prescribed authorisation has first
25 been obtained; and
(b) the medication is administered in the
prescribed manner.
Penalty: 120 penalty units.
(2) A family day carer must ensure that
30 medication is not administered to a child in
his or her care as a family day carer unless--
(a) the prescribed authorisation has first
been obtained; and
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s. 15
(b) the medication is administered in the
prescribed manner.
Penalty: 120 penalty units.
29C Secretary to be notified of a serious
5 incident
A proprietor of a children's service must
notify the Secretary in the prescribed
manner--
(a) of the death of a child while being
10 cared for or educated by the service; or
(b) of any incident involving injury or
trauma to a child while being cared for
or educated by the service requiring the
attention of a registered medical
15 practitioner or admission to a hospital;
or
(c) if a child appears to be missing or
otherwise cannot be accounted for or
appears to have been taken or removed
20 from the service contrary to the
regulations; or
(d) if an incident of a kind that is
prescribed as a serious incident occurs
in relation to the children's service.
25 Penalty: 120 penalty units.".
15 New section 30 substituted
For section 30 of the Children's Services Act
1996 substitute--
"30 Licensee or nominee to be present at
30 children's service
(1) The licensee of a children's service must
ensure that the licensee or a nominee is
present at the premises where the children's
service is operating at all times when any
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child is being cared for or educated by the
service at the premises.
Penalty: 120 penalty units.
(2) Subsection (1) does not apply to the licensee
5 of a family day care service.".
16 Offence to contravene condition etc. of licence
For the penalty at the foot of section 31 of the
Children's Services Act 1996 substitute--
"Penalty: 120 penalty units.".
10 17 Change of directors etc.
For the penalty at the foot of section 32 of the
Children's Services Act 1996 substitute--
"Penalty: 60 penalty units.".
18 New sections 32A and 32B inserted
15 After section 32 of the Children's Services Act
1996 insert--
"32A Family day care service to provide
Secretary with certain information
A proprietor of a family day care service
20 must provide the Secretary with the
following information in writing--
(a) the name and address of each family
day carer--
(i) who is engaged by the service; or
25 (ii) who ceases to be engaged by the
service--
within 30 days after the day on which
the family day carer is engaged, or
ceases to be engaged, by the service;
30 (b) if the family day care service ceases to
provide care or education at a family
day care venue, within 30 days after
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s. 18
that care or education ceases to be
provided at that venue.
Penalty: 60 penalty units.
Note
5 The Secretary is required to keep a register of family
day carers (see section 53A).
32B Enrolment and other documents
(1) A proprietor of a children's service must
keep the relevant prescribed documents
10 available for inspection by an authorised
officer in accordance with this section.
Penalty: 60 penalty units.
(2) Documents referred to in subsection (1)--
(a) must be kept at the premises from
15 which the children's service operates, if
they relate to--
(i) the operation of the service; or
(ii) any staff member employed by the
service; or
20 (iii) any child cared for, or educated at,
those premises--
in the previous 12 months; and
(b) in any other case, must be kept at a
place, and in a manner, that they are
25 readily accessible by an authorised
officer.
(3) A family day carer who cares for a child, as a
family day carer, at the carer's residence or a
family day care venue must keep the relevant
30 prescribed documents available for
inspection by an authorised officer at that
residence or venue.
Penalty: 60 penalty units.".
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s. 19
19 Section 33 substituted
For section 33 of the Children's Services Act
1996 substitute--
"33 Licence must be displayed
5 A licensee must ensure that a copy of the
licence is displayed conspicuously at the
entrance to--
(a) the premises where the children's
service operates at all times when the
10 service is operating; or
(b) in the case of a family day care service,
the service's principal office.
Penalty: 60 penalty units.".
20 Licensee to notify clients of certain changes
15 (1) In section 34(1) of the Children's Services Act
1996, for "section 23" substitute "section 25P".
(2) For the penalty at the foot of section 34(1) of the
Children's Services Act 1996 substitute--
"Penalty: 60 penalty units.".
20 (3) For the penalty at the foot of section 34(2) of the
Children's Services Act 1996 substitute--
"Penalty: 60 penalty units.".
21 Monitoring
In the heading to Part 5 of the Children's
25 Services Act 1996 before "ENFORCEMENT"
insert "MONITORING AND".
22 Powers of entry
(1) In section 36(1) of the Children's Services Act
1996, for "ascertaining whether this Act is being
30 complied with" substitute "monitoring whether
this Act is being or has been complied with".
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(2) For section 36(1)(a) of the Children's Services
Act 1996 substitute--
"(a) enter--
(i) subject to subparagraph (ii), any
5 premises where a licensed children's
service is operating or where the
authorised officer believes on
reasonable grounds that a licensed
children's service is operating; or
10 (ii) any part of a family day carer's
residence that the authorised officer
believes on reasonable grounds is being
used to provide care or education to a
child on behalf of a family day care
15 service, during the hours that the care
or education is being provided;".
(3) In section 36(1)(f) of the Children's Services Act
1996--
(a) after "require a person" insert "at the
20 premises";
(b) in subparagraph (ii), after "information"
insert "or produce a document".
(4) In section 36(3) of the Children's Services Act
1996, for "under this section," insert "under this
25 section (except as provided in subsection
(1)(a)(ii)),".
23 New section 36A inserted
After section 36 of the Children's Services Act
1996 insert--
30 "36A Power of authorised officers to obtain
information, documents and evidence
For the purpose of monitoring whether this
Act is being or has been complied with, an
authorised officer may, by notice in writing,
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require a person who is or has been a
licensee, a nominee or a staff member of a
children's service or a family day carer--
(a) to provide to the authorised officer, by
5 writing signed by that person or, in the
case of a body corporate, by a
competent officer of the body
corporate, within the time and in the
manner specified in the notice, any
10 relevant information that is specified in
the notice; or
(b) to answer a question to the best of that
person's knowledge, information or
belief; or
15 (c) to produce to the authorised officer, in
accordance with the notice, any
relevant document referred to in the
notice.".
24 Offence related search and seizure at licensed
20 premises
For section 38(1) of the Children's Services Act
1996 substitute--
"(1) If an authorised officer has reasonable
grounds for suspecting that there is on any of
25 the following premises a particular thing that
may be evidence of a commission of an
offence against this Act, the authorised
officer may exercise powers under this
section--
30 (a) a licensed premises where a children's
service is operating;
(b) premises in respect of which an
approval of premises has been granted;
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(c) any part of a family day carer's
residence that is used to provide care or
education to children on behalf of a
family day care service;
5 (d) any other premises approved by the
Secretary that is used to provide care or
education by a family day carer on
behalf of a family day care service;
(e) the principal office of a family day care
10 service.".
25 Identity card must be shown
In section 41 of the Children's Services Act
1996, for "the inspection by the occupier of the
premises" substitute "inspection".
15 26 Protection against self-incrimination
In section 42 of the Children's Services Act
1996--
(a) for "a person to refuse" substitute "an
individual to refuse" and
20 (b) for "the first-mentioned person" substitute
"that individual".
27 New section 42A inserted
In Division 2 of Part 5 of the Children's Services
Act 1996, before section 43 insert--
25 "42A Power of Secretary to obtain information,
documents and evidence
(1) If the Secretary believes that a person who is
or has been a licensee, a nominee or a staff
member of a children's service is capable of
30 providing information, producing documents
or giving evidence relating to a matter that
constitutes, or may constitute, a
contravention of section 26, 27 or 28, the
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s. 27
Secretary may, by notice in writing, require
that person--
(a) to provide to the Secretary, by writing
signed by that person or, in the case of
5 a body corporate, by the person who is
or was nominated by the licensee to
represent the licensee in relation to the
application and the operation of the
children's service, within the time and
10 in the manner specified in the notice,
that information; or
(b) to produce to the Secretary, or to a
person specified in the notice acting on
the Secretary's behalf, in accordance
15 with the notice, those documents; or
(c) to appear before the Secretary, or a
person specified in the notice acting on
the Secretary's behalf, at a time and
place specified in the notice to give that
20 evidence, either orally or in writing,
and produce those documents.
(2) The Secretary or the person specified in the
notice acting on the Secretary's behalf may
require the evidence referred to in subsection
25 (1)(c) to be given on oath or affirmation and
for that purpose may administer an oath or
affirmation.
(3) A person must not--
(a) refuse or fail to comply with a notice
30 under this section to the extent that the
person is capable of complying with it;
or
(b) in purported compliance with a notice
under this section, knowingly provide
35 information or give evidence that is
false or misleading; or
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(c) obstruct or hinder the Secretary in
exercising a power under this section.
Penalty: 120 penalty units.
(4) Subject to subsection (5), a person is not
5 excused from answering a question,
providing information or producing, or
permitting the inspection of, a document on
the ground that the answer, information or
document may tend to incriminate the
10 person.
(5) Despite subsection (4), the answer by a
person to any question asked in a notice
under this section or the provision by a
person of any information in compliance
15 with a notice under this section, is not
admissible in evidence against the person--
(a) in the case of a person not being a body
corporate--in any criminal proceedings
other than proceedings under this
20 section; or
(b) in the case of a body corporate--in any
criminal proceedings other than
proceedings under this Act.".
28 Power of Secretary to obtain information,
25 documents and evidence
In section 42A(1) of the Children's Services Act
1996, after "staff member of a children's service"
insert "or a family day carer".
29 Notice to enforce requirements
30 (1) Before section 43(2)(a) of the Children's
Services Act 1996 insert--
"(aa) in the case of a licensed children's service,
impose on the licence to operate the
children's service any condition or restriction
35 of a kind referred to in section 25E(5) or
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s. 29
vary any such condition or restriction in the
licence; and".
(2) After section 43(2)(a) of the Children's Services
Act 1996 insert--
5 "(ab) in the case of a licensed family day care
service, direct the proprietor to suspend the
provision of care or education of children by
a family day carer; and".
(3) After section 43(2) of the Children's Services
10 Act 1996 insert--
"(2A) If the Secretary, by order under subsection
(2)(ab), directs the proprietor of a licensed
family day care service to suspend the
provision of care or education of children by
15 a family day carer, the Secretary must, as
soon as practicable after the giving of the
direction, give the family day carer written
notice--
(a) of the giving of the direction; and
20 (b) that he or she may make submissions to
the Secretary within 7 days after the
giving of the notice.".
(4) For section 43(3)(a) of the Children's Services
Act 1996 substitute--
25 "(a) consider any submissions, whether oral or in
writing, made to the Secretary by--
(i) the proprietor of the children's service
within 7 days after the service of an
order under subsection (2); or
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s. 30
(ii) a family day carer referred to in
subsection (2)(ab) within 7 days after
the giving of the notice under
subsection (2A)--
5 and may consider any other submissions and
any matters the Secretary considers
appropriate; and".
(5) For section 43(3)(b) of the Children's Services
Act 1996 substitute--
10 "(b) decide--
(i) in the case of a suspension, whether or
not the suspension should be withdrawn
or confirmed and, if confirmed, the
period for which the suspension should
15 operate; and
(ii) in any other case, whether to confirm or
revoke the order; and".
(6) For the penalty at the foot of section 43(4) of the
Children's Services Act 1996 substitute--
20 "Penalty: 120 penalty units.".
30 New section 43A inserted
After section 43 of the Children's Services Act
1996 insert--
"43A Notice to take emergency action
25 (1) If the Secretary is satisfied that a children's
service is operating in a manner that poses,
or is likely to pose, a risk to the health,
welfare or safety of a child being cared for or
educated by the service, the Secretary may,
30 by written notice, direct the proprietor of the
children's service to take the steps specified
in the notice to remove or reduce the risk
within the time specified in the notice.
561159B.I-9/4/2008 41 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 31
(2) A proprietor of a children's service must
comply with a direction given under
subsection (1).
Penalty: 120 penalty units.".
5 31 Offences relating to enforcement
(1) In section 46(b) of the Children's Services Act
1996 for "or to produce" insert "or to provide
information or produce".
(2) In section 46(c) of the Children's Services Act
10 1996, for "section 54" substitute "section 29C
or 54".
(3) For the penalty at the foot of section 46 of the
Children's Services Act 1996 substitute--
"Penalty: 120 penalty units.".
15 32 Delegation by Secretary
In section 52A of the Children's Services Act
1996, after "delegation" insert "and the power
under section 29A(2)".
33 New sections 53A and 53B inserted
20 After section 53 of the Children's Services Act
1996 insert--
"53A Register of family day carers
(1) The Secretary must keep a register of each
family day carer engaged by a family day
25 care service.
(2) The purpose of the register is to assist the
Secretary in monitoring and investigating
complaints about family day carers.
(3) The register must contain the prescribed
30 information in respect of each family day
carer.
561159B.I-9/4/2008 42 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 33
(4) The register may only be inspected by the
Secretary or an authorised officer.
53B Publication of information
(1) The Secretary may publish on the
5 Department's Internet site the following
information about a children's service--
(a) the name of the service;
(b) except in the case of a family day care
service, the address of the approved
10 premises;
(c) in the case of a family day care service,
the address of the principal office;
(d) the name of the licensee;
(e) information about the performance of
15 the children's service in complying with
its obligations under this Act;
(f) actions taken and the results of actions
taken under this Act in respect of the
children's service.
20 (2) If the Secretary proposes to publish under
subsection (1) any information of a kind
referred to in subsection (1)(e) or (1)(f), the
Secretary must notify the licensee of the
children's service in respect of which the
25 information relates--
(a) of that proposal; and
(b) that the person may seek review of that
proposal under section 54A.
(3) Information published under this section
30 must not include information that could
identify or lead to the identification of a
person other than a licensee.
561159B.I-9/4/2008 43 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 33
53C Disclosure of information to other
authorities
(1) The Secretary may provide the following
information relating to a children's service to
5 a Government Department or public
authority or municipal council or equivalent
body in another jurisdiction for a purpose
relating to the health, safety and wellbeing of
children or the operation of children's
10 services--
(a) statistical information in relation to
licences;
(b) information about the performance of
children's services in complying with
15 their obligations under this Act;
(c) actions taken and the results of actions
taken under this Act in respect of
children's services.
(2) The Secretary may, for a purpose relating to
20 the health, safety and wellbeing of children,
provide any information that the Secretary
reasonably believes shows a contravention of
any other Act or regulations made under any
other Act by a children's service to a
25 Government Department or public authority
or municipal council or equivalent body in
another jurisdiction.
(3) Information provided under this section must
not include information that could identify or
30 lead to the identification of a person other
than a licensee.".
561159B.I-9/4/2008 44 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 34
34 New section 54A inserted
After section 54 of the Children's Services Act
1996 insert--
"54A Internal review
5 (1) The licensee of a children's service may
apply to the Secretary in writing for review
of a proposal by the Secretary to publish
information relating to the children's service
under section 53B(1).
10 (2) An application under subsection (1) must be
made within 30 days after the day on which
the licensee is notified of the proposal, or
within such longer period as the Secretary,
either before or after the end of that period,
15 allows.
(3) The Secretary may, in relation to an
application under subsection (1)--
(a) affirm the decision to publish the
information; or
20 (b) make such other decision as the
Secretary thinks appropriate.".
35 Application to VCAT for review
In section 55 of the Children's Services Act
1996--
25 (a) in paragraph (a), for "in principle" substitute
"of premises";
(b) in paragraph (b), for "renew, vary or
transfer" substitute "renew or vary".
561159B.I-9/4/2008 45 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 36
36 Regulations
(1) In section 56(1)(d) of the Children's Services Act
1996, after "but not limited to," insert "the
recruitment (including the conduct of police or
5 other security checks),".
(2) In section 56(1)(f) of the Children's Services Act
1996 after "services" insert "and family day
carers".
(3) After section 56(2)(b) of the Children's Services
10 Act 1996 insert--
"(ba) may differ according to the type of children's
service; and".
37 Transitional and saving provisions
For the heading to Part 7 of the Children's
15 Services Act 1996 substitute--
"PART 7--TRANSITIONAL AND SAVING
PROVISIONS".
38 Statute law revision
Sections 57, 58, 59 and 60 of the Children's
20 Services Act 1996 are repealed.
39 New section 62 inserted
After section 61 of the Children's Services Act
1996 insert--
"62 Transitional and saving provisions--
25 Children's Legislation Amendment Act
2008
The Schedule has effect.".
561159B.I-9/4/2008 46 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 40
40 New Schedule inserted
At the end of the Children's Services Act 1996
insert--
"__________________
5 SCHEDULE
TRANSITIONAL AND SAVING PROVISIONS
PART 1--PRELIMINARY
1 Definitions
In this Schedule--
10 application period means the period ending
3 months after the commencement day
or such longer period as is prescribed;
commencement day means the day on which
section 8 of the Children's Legislation
15 Amendment Act 2008 comes into
operation;
determination period, in relation to an
application for a full licence or a
provisional licence, means the period
20 beginning on the day on which the
application is received by the Secretary
and ending when the application is
finally determined;
family day care service means a children's
25 service that operated as a family day
care service immediately before the
commencement day;
full licence means a licence granted under
Part 3 to operate a children's service
30 that is a family day care service or an
561159B.I-9/4/2008 47 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 40
outside school hours care service but
does not include a provisional licence;
outside school hours care service means a
service that, immediately before the
5 commencement day, provided care or
education to students under the age of
13 years outside school hours;
provisional licence means a licence granted
under Division 3 of Part 2 of this
10 Schedule.
2 General transitional provisions
(1) Except where the contrary intention appears,
this Schedule does not affect or take away
from the Interpretation of Legislation Act
15 1984.
(2) Without limiting subclause (1), nothing in
this Schedule limits the operation of
section 13 of the Interpretation of
Legislation Act 1984.
20 3 Savings and transitional regulations
(1) The regulations may contain provisions of a
savings and transitional nature consequent on
the coming into operation of section 8 of the
Children's Legislation Amendment Act
25 2008.
(2) Regulations under this clause may have
retrospective effect to a day on or after the
day on which the Children's Legislation
Amendment Act 2008 receives the Royal
30 Assent.
(3) Regulations under this clause have effect
despite anything to the contrary in any Act
(other than this Act or the Charter of Human
Rights and Responsibilities) or in any
35 subordinate instrument.
561159B.I-9/4/2008 48 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 40
PART 2--LICENCES FOR EXISTING FAMILY
DAY CARE AND OUTSIDE SCHOOL HOURS
CARE SERVICES
Division 1--Application of Act
5 4 Application of Act during application
period
This Act (other than Part 1, sections 26, 26A,
27, 28, 29 and 29C and Parts 5 and 6) does
not apply during the application period to or
10 in respect of--
(a) a family day care service; or
(b) an outside school hours care service--
that was operating immediately before the
commencement day.
15 Division 2--Full licence
5 Application of Act during determination
period
(1) This Act (other than Part 1, Divisions 1, 2, 3
and 4 of Part 3 (except section 25F), sections
20 26, 26A, 27, 28, 29 and 29C and Parts 5
and 6) does not apply during the
determination period to or in respect of a
family day care service or outside school
hours care service if--
25 (a) an application was made under Part 3
of the Act for a full licence for the
service before the end of the application
period; and
(b) the service was operating immediately
30 before the commencement day.
561159B.I-9/4/2008 49 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 40
(2) The Secretary must give written notice to the
applicant of the Secretary's decision within
60 days after receiving the application, or, if
the Secretary has required testing,
5 examination or further information on the
application, within 30 days after requiring
that testing, examination or information.
(3) Despite section 15, an applicant for a full
licence may, at the same time, apply for an
10 approval of premises to which the licence is
to apply.
Division 3--Provisional licence
6 Existing service may apply to Secretary
for provisional licence
15 (1) A person may apply to the Secretary for a
provisional licence at any time before the
end of the application period if the person
was, immediately before the commencement
day, operating a family day care service or
20 an outside school hours care service.
(2) An application for a provisional licence must
include the prescribed information relating to
the children's service.
(3) The Secretary must give written notice to the
25 applicant of the Secretary's decision within
60 days after receiving the application, or, if
the Secretary has required testing,
examination or further information on the
application, within 30 days after requiring
30 that testing, examination or information.
561159B.I-9/4/2008 50 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 40
7 Application of Act during determination
period
This Act (other than Part 1, sections 26, 26A,
27, 28, 29 and 29C and Parts 5 and 6) does
5 not apply during the determination period to
or in respect of a family day care service or
an outside school hours care service if--
(a) an application was made under this
Division for a provisional licence for
10 the service before the end of the
application period; and
(b) the service was operating immediately
before the commencement day.
8 Secretary may grant provisional licence
15 (1) The Secretary may grant a provisional
licence to an applicant if the Secretary is
satisfied that the applicant--
(a) immediately before the commencement
day, operated a family day care service
20 or an outside school hours care service;
and
(b) is otherwise eligible to be granted a full
licence.
(2) Despite subclause (1)(a), the Secretary may
25 grant a provisional licence to an applicant
who did not, immediately before the
commencement day, operate a family day
care service or an outside school hours care
service, if the Secretary is satisfied that the
30 applicant--
(a) operated a family day care service or
outside school hours care service at
some time before the commencement
day; and
561159B.I-9/4/2008 51 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 40
(b) is otherwise eligible to be granted a full
licence.
(3) A provisional licence expires 12 months
after the day it is granted.
5 (4) The Secretary must ensure that a provisional
licence bears the words "Provisional
Licence".
(5) Part 1, Division 4 of Part 3, sections 26,
26A, 27, 28, 29 and 29C and Parts 5 and 6
10 apply in respect of a family day care service
or an outside school hours care service for
which a provisional licence is granted under
this clause, as if it were a full licence.
9 Conditions on provisional licence
15 The power of the Secretary under section
25E to impose any condition or restriction on
a licence applies to a provisional licence.
Division 4--Application for a full licence by
holder of provisional licence
20 10 Approval of premises
Despite section 15, the holder of a
provisional licence may apply for a full
licence during the period of operation of the
provisional licence, and may, at the same
25 time, apply for an approval of premises to
which the licence is to apply.
11 Provisional licence is cancelled on
granting full licence
Without limiting the operation of any other
30 provision of this Act relating to the
cancellation of licences, a provisional licence
is cancelled on the grant of a full licence to
the licensee.
561159B.I-9/4/2008 52 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 2--Amendment of Children's Services Act 1996
s. 40
Division 5--Other transitional provisions
12 Saving of approvals in principle
An approval in principle existing under this
Act immediately before the commencement
5 day in respect of premises is deemed to be an
approval of premises for the purposes of this
Act.".
__________________
561159B.I-9/4/2008 53 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 3--Amendment of Child Wellbeing and Safety Act 2005
s. 41
PART 3--AMENDMENT OF CHILD WELLBEING AND
SAFETY ACT 2005
41 Principles for children
See: In section 5(1) of the Child Wellbeing and
Act No.
5 83/2005. Safety Act 2005--
Reprint No. 1
as at (a) in paragraph (d), for "protection." substitute
28 November
2007.
"protection;";
LawToday:
www. (b) after paragraph (d) insert--
legislation.
vic.gov.au "(e) every child should be able to enrol in a
10 kindergarten program at an early
childhood education and care centre.".
__________________
561159B.I-9/4/2008 54 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Part 4--Repeal of Amending Act
s. 42
PART 4--REPEAL OF AMENDING ACT
42 Repeal of Act
This Act is repealed on 25 May 2010.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561159B.I-9/4/2008 55 BILL LA INTRODUCTION 9/4/2008
Children's Legislation Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561159B.I-9/4/2008 56 BILL LA INTRODUCTION 9/4/2008
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