Victorian Consolidated Legislation

CHILDREN'S SERVICES ACT 1996

No. 53 of 1996
Version incorporating amendments as at 1 January 2010

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 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.     Term of approval
   14.     Cancellation of approval of premises

           Division 2-Application for licence

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

           Division 3-Determination of fit and proper person

   22.     Secretary to consider whether persons are fit and proper
           persons
   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 unless for family day care service
   25E.    Conditions on licence
   25F.    Notice of decision
   25G.    Grant of licence
   25H.    Term of licence

           Division 5-Nominees and venues

   25I.    Notice of approved nominees and accepted nominees
   25J.    Approved venues
   25K.    Approvals of new nominees
   25L.    Approval of new family day care venues
   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 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 or nominee to be present at children's service
   31.     Offence to contravene condition etc. of licence
   32.     Change of directors etc.
   32A.    Family day care service to provide Secretary with certain information
   32B.    Enrolment and other documents
   33.     Licence must be displayed
   34.     Licensee 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 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
   53A.    Register of family day carers
   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

           57-60. Repealed
   61.     Transitional and saving provisions
   62.     Transitional and saving provisions-Children's Legislation Amendment Act 2008.
           __________________
           SCHEDULE-Transitional and Saving Provisions

   PART 1-PRELIMINARY
   1. Definitions
   2. General transitional provisions
   3. Savings and transitional regulations

   PART 2-LICENCES FOR EXISTING FAMILY DAY CARE
   AND OUTSIDE SCHOOL HOURS CARE SERVICES

           Division 1-Application of Act
           4. Application of Act during application period

           Division 2-Full licence
           5. Application of Act during determination period

           Division 3-Provisional licence
           6. Existing service may apply to Secretary for provisional licence
           7. Application of Act during determination period
           8. Secretary may grant provisional licence
           9. Conditions on provisional licence

           Division 4-Application for a full licence by holder of provisional licence
           10. Approval of premises
           11. Provisional licence is cancelled on granting full licence

           Division 5-Other transitional provisions
           12. Saving of approvals in principle
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details