Victorian Consolidated Legislation

CHILDREN'S SERVICES ACT 1996

No. 53 of 1996
Version incorporating amendments as at 4 June 2008

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 children's service
   8.      Offence to advertise unlicensed etc. children's service

   PART 3-LICENSING OF CHILDREN'S SERVICES

           Division 1-Approval in principle

   9.      Application for approval in principle
   10.     Criteria for grant of approval in principle
   11.     Fit and proper person
   12.     Decision on application
   13.     Certificate of approval in principle
   14.     Revocation of certificate
   15.     Term of approval

           Division 2-Licensing

   16.     Application for a licence
   17.     Matters to be determined
   18.     Grant or refusal of licence
   19.     Licence conditions
   20.     Term of licence

           Division 3-Renewal, transfer or variation of a licence

   21.     Application for renewal of a licence
   22.     Renewal of a licence
   23.     Variation of a licence
   24.     Transfer of licence
   25.     Criteria for transfer etc. of licence

   PART 4-OPERATION OF CHILDREN'S SERVICES

   26.     Protection of children from hazards
   27.     Inadequate supervision of children
   28.     Discipline of children
   29.     Premises to be kept clean and in good repair
   30.     Nominated person to be in charge of children's service
   31.     Offence to contravene condition etc. of licence
   32.     Change of directors etc.
   33.     Licence must be displayed
   34.     Licensee to notify clients of certain changes

   PART 5-ENFORCEMENT

           Division 1-Authorised officers

   35.     Authorisation of officers
   36.     Powers of entry
   37.     Entry to premises of unlicensed service-search warrant
   38.     Offence related search and seizure at licensed premises
   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
   43A.    Notice to take emergency action
   44.     Removal of children in emergency
   45.     Cancellation of a licence

           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
   54.     Immunity
   55.     Application to VCAT for review
   56.     Regulations

   PART 7-REPEAL, AMENDMENT AND TRANSITIONALS

   57.     Repeal
   58.     Amendment of Children and Young Persons Act 1989.
   59.     Amendment of Community Services Act 1970.
   60.     Amendment of Prostitution Control Act 1994.
   61.     Transitional and saving provisions
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details