Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 45

Cancellation of a licence

45. Cancellation of a licence



(1) The Secretary may cancel a licence if the Secretary is satisfied-

   (a)  that the licence was obtained improperly; or

   (b)  that the licensee has contravened or failed to comply with a condition
        of the licence; or

   (c)  that the licensee has been found guilty of an offence against this
        Act; or

   (d)  that the licensee or, if the licensee is a body corporate, any
        director or other officer of the body corporate who exercises or may
        exercise control over the operation of the service has ceased to be a
        fit and proper person to operate a children's service or to exercise
        such control; or

   (e)  that the licensee has failed to operate the children's service in a
        way which ensures the safety of the children being cared for or
        educated by the service.

(2) The Secretary must not cancel a licence under subsection (1) unless-

   (a)  the Secretary has sent to the licensee, by post or electronic
        transmission, notice in writing of his or her intention to cancel the
        licence and the grounds on which the intention is based; and

   (b)  the Secretary has given the licensee at least 21 days to make
        submissions to the Secretary and has considered any submission
        received within that period.

(3) If the Secretary cancels a licence he or she must give written notice of
the cancellation to the licensee at least 7 days before the cancellation takes
effect.

Division 3-Offences and legal proceedings