Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 61

Transitional and saving provisions

61. Transitional and saving provisions



(1) A children's services centre which was-

   (a)  registered under section 208C of the Health Act 1958; or

   (b)  exempted from being registered under that Act-

immediately before the commencement of this section is deemed to be a
children's service licensed to operate under this Act at the premises which,
at that commencement, were the premises of the registered children's services
centre for the remainder of the period for which that centre was registered
under section 208C or exempted from being registered under that Act and for a
further 3 months after the end of that period.

(2) A person who was nominated under section 208C(4)(c) of the Health Act 1958
to manage a centre referred to in subsection (1) immediately before the
commencement of this section continues to be a person who can manage or
operate a children's service at the premises which, at that commencement, were
the premises of the registered children's services centre in the absence from
the premises of the licensee of the service for the remainder of the period
for which that centre was registered under section 208C and for a further 3
months after the end of that period.

(3) If a children's service was operating from a children's services centre or
child minding centre which was-

   (a)  a relevant centre within the meaning of regulation 118 of the
        Children's Services Centres Regulations 1988; and

   (b)  registered under section 208C of the Health Act 1958-

immediately before the commencement of this section-

   (c)  the children's service is exempted from any requirements under this
        Act relating to the maximum number of places for children
        corresponding with regulation 8 of the Children's Services Centres
        Regulations 1988 for the remainder of the period for which that centre
        was registered under section 208C;

   (d)  the proprietor of the children's service is exempted from any
        requirements under this Act relating to the approval of that person as
        a proprietor of a children's service corresponding with regulation 13
        of the Children's Services Centres Regulations 1988 for the remainder
        of the period for which that centre was registered under section 208C;

   (e)  the children's service is exempted from complying with any
        requirements under this Act relating to space, lighting, junior
        toilets, fencing and gates and power outlets corresponding with the
        requirements of the Children's Services Centres Regulations 1988
        referred to in regulation 118 for 5 years after the commencement of
        this section in respect of the premises where the children's service
        was operating immediately before that commencement if the requirements
        of the Child Minding Centres Regulations 1984 and the Health
        (Pre-School Centres Building) Regulations 1984 referred to in
        regulation 118 are complied with during that period.