CHILDREN'S SERVICES ACT 1996

Victorian Consolidated Legislation

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CHILDREN'S SERVICES ACT 1996

No. 53 of 1996
Version incorporating amendments as at 1 January 2012

TABLE OF PROVISIONS

Section Page

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
13. Repealed
14. Cancellation of approval of premises

Division 2-Application for licence

15. Application for licence to operate children's service
16. Repealed
17. Types of licence
18. Form of application
19. Further information about approval of premises
20. Repealed
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
25J. Repealed
25K. Approvals of new nominees
25L. Repealed
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.
32A. Repealed
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
53A. Repealed
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
__________________
SCHEDULE-Repealed
1-12. Repealed
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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