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CHILDREN'S SERVICES ACT 1996 - SECT 50 Conditions on service approval

CHILDREN'S SERVICES ACT 1996 - SECT 50

Conditions on service approval

    (1)     A service approval is granted subject to the condition that the children's service is operated in a way that—

        (a)     ensures the safety, health and wellbeing of the children being educated and cared for by the service; and

        (b)     meets the educational and developmental needs of the children being educated and cared for by the service.

S. 50(2) amended by No. 13/2022 s. 5.

    (2)     A service approval is granted subject to a condition that the approved provider must commence ongoing operation of the service within 6 months after the approval is granted unless the Regulatory Authority agrees to an extension of time.

S. 50(2A) inserted by No. 43/2022 s. 8.

    (2A)     A service approval is subject to the condition that the approved provider must ensure that the children's service to which the approval applies is operated in a way that complies with the Child Safe Standards.

    (3)     A service approval is granted subject to a condition that the approved provider must hold the prescribed insurance in respect of the children's service.

    (4)     A service approval is granted subject to a condition that the approved provider must ensure that the number of children educated and cared for by the service at any one time does not exceed the maximum number of children specified in the service approval.

    (5)     An approved provider is not required to comply with subsection (4) if—

        (a)     the maximum number of children is exceeded because a child is, or 2 or more children from the same family are, being educated and cared for by the children's service in an emergency; and

        (b)     the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of any other child who is attending the children's service.

Example

An emergency under this subsection would include circumstances where a child is in need of protection under a child protection order or where the parent of a child needs urgent health care that prevents that parent caring for the child.

    (6)     A service approval is granted subject to any other conditions prescribed in the regulations or imposed by—

        (a)     this Act; or

        (b)     the Regulatory Authority.

    (7)     An approved provider must comply with the conditions of a service approval held by the approved provider.

Penalty:     60 penalty units, in the case of an individual.

    300 penalty units, in any other case.

New s. 51 inserted by No. 37/2019 s. 8.