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CHILDREN'S SERVICES ACT 1996


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Act to bind the Crown  
   5.      Non-application of this Act  
   6.      Exemption  

   PART 2--OFFENCES

   7.      Offence to carry on unlicensed or unapproved children's service  
   8.      Offence to advertise unlicensed or unapproved etc. children's service  

   PART 3--LICENSING OF CHILDREN'S SERVICES

           Division 1AA--Application of Part

   8A.     Part does not apply to approved associated children's services  

           Division 1--Approval of premises

   9.      Application for approval of premises  
   10.     Criteria for grant of approval of premises  
   11.     Decision on application  
   12.     Certificate of approval of premises  
   14.     Cancellation of approval of premises  

           Division 2--Application for licence

   15.     Application for licence to operate children's service  
   17.     Types of licence  
   18.     Form of application  
   19.     Further information about approval of premises  
   21.     Inspection of premises  

           Division 3--Determination of fit and proper person

   22.     Secretary to consider whether persons are fit and proper persons  
   22A.    Exception for approved providers and certified supervisors  
   23.     Exception for certain nominees  
   24.     Secretary may require certain testing  
   25.     Matters to be taken into account  
   25A.    Determination of fit and proper person  

           Division 4--Decision on application

   25B.    Grant or refusal of licence  
   25C.    Grounds for refusal  
   25D.    Licence to apply to single premises  
   25E.    Conditions on licence  
   25F.    Notice of decision  
   25G.    Grant of licence  
   25H.    Term of licence  

           Division 5--Nominees

   25I.    Notice of approved nominees and accepted nominees  
   25K.    Approvals of new nominees  
   25M.    Form of application  

           Division 6--Renewal and variation of licence

   25N.    Application for renewal of a licence  
   25O.    Renewal of a licence  
   25P.    Variation of a licence  
   25Q.    Criteria for renewal or variation of licence  
   25R.    Transfer of licence prohibited  
   25S.    Voluntary suspension of a licence  
   25T.    Cancellation of a licence at request of licensee  
   25U.    Death, bankruptcy or incapacity of licensee  

   PART 3A--SERVICE APPROVALS FOR ASSOCIATED CHILDREN'S SERVICES

   25V.    Application for service approval—assessment of associated children's service  
   25W.    Nominees and primary nominees for an approved associated children's service  
   25X.    Approval of new nominees and primary nominees  
   25Y.    Form of application  
   25Z.    Amendment of service approval for approved associated children's service  
   25ZA.   Voluntary suspension of service approval for approved associated children's service  
   25ZB.   Cancellation of service approval for approved associated children's service at request of provider  

   PART 4--OPERATION OF CHILDREN'S SERVICES

   26.     Protection of children from hazards  
   26A.    Children's service to have anaphylaxis management policy  
   26B.    Educational or recreational programs  
   27.     Inadequate supervision of children  
   28.     Discipline of children  
   29.     Premises to be kept clean and in good repair  
   29A.    Child/staff ratios  
   29B.    Authorisation to administer medication  
   29C.    Secretary to be notified of a serious incident  
   30.     Licensee, responsible person or nominee to be present at children's service  
   31.     Offence to contravene condition etc. of licence  
   32.     Change of directors etc.  
   32B.    Enrolment and other documents  
   33.     Licence or service approval must be displayed  
   34.     Licensee to notify clients of certain changes  
   34A.    Approved provider to notify clients of certain changes  

   PART 5--MONITORING AND ENFORCEMENT

           Division 1--Authorised officers

   35.     Authorisation of officers  
   36.     Powers of entry  
   36A.    Power of authorised officers to obtain information, documents and evidence  
   37.     Entry to premises of unlicensed or unapproved service—search warrant  
   38.     Offence related search and seizure at licensed premises or premises of approved associated children's service  
   39.     Return of seized things  
   40.     Magistrates' Court may extend period  
   41.     Identity card must be shown  
   42.     Protection against self-incrimination  

           Division 2--Non-complying services

   42A.    Power of Secretary to obtain information, documents and evidence  
   43.     Notice to enforce requirements  
   43AA.   Notice to enforce requirements—approved associated children's services  
   43AB.   Confirmation of conditions or suspension under section 43AA  
   43A.    Notice to take emergency action  
   44.     Removal of children in emergency  
   45.     Cancellation of a licence  
   45A.    Cancellation of service approval for approved associated children's service  

           Division 3--Offences and legal proceedings

   46.     Offences relating to enforcement  
   47.     Power to file charges under this Act  
   48.     Offences by bodies corporate  
   49.     Service of documents  

   PART 6--FUNDING, ADMINISTRATION AND REGULATIONS

   50.     Power to fund children's services  
   51.     Guidelines  
   52.     Ministerial delegation  
   52A.    Delegation by Secretary  
   53.     Register  
   53B.    Publication of information  
   53C.    Disclosure of information to other authorities  
   54.     Immunity  
   54A.    Internal review  
   55.     Application to VCAT for review  
   56.     Regulations  

   PART 7--TRANSITIONAL AND SAVING PROVISIONS--CHILDREN'S SERVICES AMENDMENT ACT 2011

   57.     Definitions  
   58.     Act ceases to apply to declared approved services  
   59.     Certain residual services continue as licensed children's services  
   60.     Children's service that becomes approved associated children's service  
   61.     Sections 36A and 42A continue to apply  
   62.     Savings and transitional regulations  
           ENDNOTES


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