Victorian Consolidated Legislation

CHILDREN'S SERVICES ACT 1996 - NOTES

No. 53 of 1996
Version incorporating amendments as at 25 May 2009

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 30 May 1996
Legislative Council: 8 October 1996
The long title for the Bill for this Act was "to provide for the licensing and regulation of children's services, to repeal Part XIA of the Health Act 1958 and to make consequential amendments to other Acts."
The Children's Services Act 1996 was assented to on 3 December 1996 and came into operation as follows:
Sections 1 and 2 on 3 December 1996: section 2(1); rest of Act on 1 June 1998: Government Gazette 28 May 1998 page 1189.
2. Table of Amendments
This Version incorporates amendments made to the Children's Services Act 1996 by Acts and subordinate instruments.
-------------------------------------------------------------
Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997
Assent Date:
25.11.97
Commencement Date:
Ss 14, 15 on 25.11.97: s. 2(1)
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 19) on 3.12.96: s. 2(2)(d)
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 30) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996
Statute Law Revision Act 2005, No. 10/2005
Assent Date:
27.4.05
Commencement Date:
S. 3(Sch. 1 item 4) on 28.4.05: s. 2
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996
Education and Training Reform Act 2006, No. 24/2006
Assent Date:
16.5.06
Commencement Date:
S. 6.1.2(Sch. 7 item 6) on 1.7.07: Government Gazette 28.6.07 p. 1304
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date:
15.8.06
Commencement Date:
S. 42(Sch. item 6) on 23.4.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996

Education and Training Reform Miscellaneous Amendments Act 2007, No. 58/2007
Assent Date:
27.11.07
Commencement Date:
S. 52 on 28.11.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996
Children's Services and Education Legislation Amendment (Anaphylaxis Management) Act 2008, No. 3/2008
Assent Date:
4.3.08
Commencement Date:
Ss 3, 4 on 14.7.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996
Children's Legislation Amendment Act 2008, No. 22/2008
Assent Date:
3.6.08
Commencement Date:
Ss 6, 7(2), 9(1)-(4), 11(1)(2), 12(1)(2), 13(1), 16, 17, 20(2)(3), 27, 29(6), 30 on 4.6.08: s. 2(1); ss 3-5, 7(1), 8, 9(5)(6), 10, 11(3), 12(3), 13(2), 14, 15, 18, 19, 20(1), 21-26, 28, 29(1)-(5), 31-40 on 25.5.09: s. 2(3)
Current State:
This information relates only to the provision/s amending the Children's Services Act 1996
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3. Explanatory Details
No entries at date of publication.



















INDEX

Subject

Section

Act

	commencement
2
	Crown bound by
4
	non-application
5
	purpose
1
	transitional provisions
61, 62, Sch.
Approval of premises

	applications for
9
	cancellation
14
	certificate
12
	conditions
11
	criteria for
10
	granting
11
	refusal
11
	review
55
	term of
13
Authorised officers

	authorisation
35
	definition
3
	identity cards
35, 41
	offences against
46
	powers regarding

entry
36
filing of charges
47
information, documents, evidence
36A
return of seized things
39, 40
search and seizure
36-40
search warrants
37
Children

	discipline 
28
	educational, recreational programs
26B
	inadequate supervision 
27
	protection 
26
	relatives (def.)
3
	removal in emergency
44
	siblings (def.)
3
Children's services

	administration of medication
29B
	anaphylaxis management policy
26A
	cessation of operations
43
	change of directors
32
	child/staff ratios
29A
	definition
3
	disclosure of information
53C
	duties of proprietor, staff
26-29C
	educational, recreational programs
26B
	emergency action
43A
	exemptions
6

	funding
50
	guidelines
51
	licensing
15-25U
	nominees (def.)
3
	non-complying services
43
	notification of incidents
29C
	offences
26-31, 43A
	prescribed documents
32B
	primary nominees (def.)
3
	publication of information
53B, 54A
	register
53
	regulations
56
	unlicensed services
7, 8
See also Family day care services

Children's services licences

	applicants, nominees to be fit and proper persons
22-25A
	applications
15, 18
	applies to single premises
25D
	approval of new nominees
25K, 25M
	approval of premises
9-14, 19
	cancellation
25T, 34, 45
	conditions
25E, 25O, 25P
	death, bankruptcy, incapacity of licensee
25U
	display 
33
	grant
25B, 25G
	inspection of premises
21
	licensee (def.)
3
	licensee's duties
30-32, 34
	not transferable
25R
	notice of decision
25F
	notification of approved nominees
25I
	proprietor (def.)
3
	refusal
25B, 25C
	renewal
25N, 25O, 25Q
	review
55
	suspension
25S, 43
	term of
25H
	types
17
	variation 
25P, 25Q, 34
See also Family day care services licences

Definitions
3, Sch.
Entry powers
36
Exemptions
6
Family day care services

	administration of medication
29B
	definition
3
	display of licence
33
	duties of family day carers
26, 26B-29, 32A, 32B
	educational, recreational programs
26B

	family day care venues (def.)
3
	family day carers (def.)
3
	offences
26, 26B-29, 32A, 32B
	register of family day carers
53A
Family day care services licences

	applicants, nominees to be fit and proper persons
22-25A
	applications
16, 18, 20
	approval of new venues
25L, 25M
	approved venues
25J
	cancellation
25T
	conditions
25E, 25O, 25P
	death, bankruptcy, incapacity of licensee
25U
	grant
25B, 25G
	inspection of premises
21
	not transferable
25R
	notice of decision
25F
	refusal
25B, 25C
	suspension
25S
	term of
25H
	variation
25P, 25Q
Fit and proper person checks
3, 22-25A
Guardians (def.)
3
Immunity
54
Licences see Children's services licences; Family day care services licences

Minister

	delegation of powers
52
	exemptions given by
6
Offences

	against authorised officers
46
	by authorised officers
35, 41
	by bodies corporate
48
	by licensees
31-34
	charges for
47
	disclosure of confidential information
46
	enrolment, prescribed documents
32B
	non-compliance with notice to provide information
42A
	non-complying services
43
	provision of information to Secretary
32A
	regarding standards of services
26-30
Regulations
56
Review
55
Search powers and warrants
37-38
Secretary

	definition
3
	guidelines issued by
51
	powers regarding

approval of premises
9-14
authorisation of officers
35
delegation
52A
disclosure of information
53C
funding
50
information, documents, evidence
42A
publication of information
53B, 54A
register of family day carers
53A
require emergency action by children's services

43A
suspension of child care services
43
See also Children's services licences; Family day care services licences

Seizure
38-40
Self-incrimination

	protection against
42
Service of documents
49
Transitional provisions
61, 62, Sch. 

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Children's Services Act 1996
No. 53 of 1996