Victorian Numbered Acts Victorian Numbered ActsFor Part 3 of the Children's Services Act 1996 substitute —
(1) A person may apply to the Secretary for approval of—
(a) the use of particular premises for operating a children's service; or
(b) premises proposed to be constructed for use in operating a children's service; or
(c) alterations or extensions to premises used or proposed to be use for operating a children's service.
(2) An application must—
(a) be in writing; and
(b) contain the relevant prescribed information; and
(c) be accompanied by the relevant prescribed fee.
(3) An applicant under this section must give the Secretary any further information relating to the application that the Secretary requests including design sketches, construction drawings, plans or specifications relating to the premises proposed to be used or constructed, altered or extended.
In deciding whether to grant, or to refuse to grant, an approval of premises, the Secretary must consider whether the design and the location of the premises are satisfactory for the operation of a children's service.
s. 8
(1) On receiving an application under section 9, the Secretary must decide whether to grant, or to refuse to grant, approval of—
(a) the use of particular premises for operating a children's service; or
(b) premises proposed to be constructed for use in operating a children's service; or
(c) alterations or extensions to premises used or proposed to be used for operating a children's service.
(2) The approval may be granted subject to conditions.
(3) The Secretary must give notice in writing to the applicant of his or her decision within 30 days after receiving the application under section 9 or, if the Secretary requests further information from the applicant, within 30 days after receiving that information.
If the Secretary grants an approval of premises, the Secretary must issue a certificate of approval of premises stating—
(a) the address at which the premises are located; and
(b) any conditions to which the approval is subject.
An approval of premises remains in force for 5 years unless it is sooner cancelled.
s. 8
The Secretary may cancel an approval of premises if—
(a) the premises do not conform to any condition of the approval of premises; or
(b) the premises are otherwise not satisfactory for the operation of a children's service.
(1) A person may apply to the Secretary to obtain a licence of a prescribed type to operate a children's service at premises for which there is a current approval of premises.
(2) This section does not apply to an application for a licence to operate a family day care service.
A person may apply to the Secretary to obtain a licence to operate a family day care service.
The regulations may prescribe other types of licence for the purposes of this Act.
s. 8
An application under section 15 or 16—
(a) must—
(i) be in writing; and
(ii) specify the type of licence sought; and
(iii) contain the relevant prescribed information; and
(b) must be accompanied by—
(i) the relevant prescribed fee; and
(ii) the name and address of any person nominated by the applicant to manage or control the children's service in the absence of the licensee; and
(iii) a declaration by the applicant that the person nominated is a fit and proper person to manage or control a children's service; and
(iv) if more than one person is nominated, the name of the person who is to have primary responsibility for the management or control of the service in the absence of the licensee; and
(v) if the applicant is a body corporate, the name and address of any director or officer of the body corporate who may exercise control over the operation of the children's service; and
(vi) if the applicant is a body corporate, the name and address of the person appointed to represent the licensee in relation to the application and the operation of the children's service; and
(vii) any other information required by this Division; and
(viii) any other things or information that are prescribed.
s. 8
An application under section 15 must also be accompanied by—
(a) a copy of the current certificate of approval of premises; and
(b) details of any circumstances that have changed with respect to the design or location of the premises where the service is to operate since the approval was granted.
(1) An application under section 16 must include—
(a) the address that is to be the service's principal office; and
(b) the address of any family day care venue proposed to be used by the service; and
(c) a statement of the process proposed to be used by the applicant to approve—
(i) a family day carer; and
(ii) a family day carer's residence.
s. 8
(1) An applicant for a licence to operate a children's service at premises for which there is a current approval of premises must permit the Secretary or an authorised officer to inspect the premises to determine whether the premises are still satisfactory for the operation of a children's service.
(2) An applicant for a licence to operate a family day care service must permit the Secretary or an authorised officer to inspect any family day care venue proposed to be used by the service to determine whether the premises are satisfactory for the operation of a family day care service.
In determining an application under section 15 or 16, the Secretary must consider whether—
(a) the applicant for the licence is a fit and proper person to operate a children's service; and
(b) if the applicant is a body corporate, any director or other officer of the body corporate who exercises or may exercise control over the operation of the children's service is a fit and proper person; and
(c) any person nominated by the applicant to manage or control the children's service in the absence of the licensee is a fit and proper person.
s. 8
(1) The Secretary is not required to carry out a fit and proper person check of a person who has been nominated by the applicant and in respect of whom the applicant has made a declaration under section 18(b)(iii) if the Secretary is satisfied that—
(a) the applicant will be attending and managing or controlling the children's service on a daily basis; or
(b) if the applicant is a body corporate, at least one of the directors of the body corporate whom the Secretary has determined is a fit and proper person will be attending and managing or controlling the children's service on a daily basis; or
(c) more than one person has been nominated to manage or control the children's service and the person to whom the declaration relates will not have primary responsibility for managing or controlling the children's service.
(2) A person in respect of whom a fit and proper person check is not carried out because of subsection (1) is an accepted nominee for the purposes of this Act.
(3) The Secretary may revoke a person's acceptance as an accepted nominee under this Part if the Secretary is satisfied that the person has ceased to be a fit and proper person.
s. 8
The Secretary may require a person in respect of whom a fit and proper person check is being carried out under this Part—
(a) to submit to any tests or provide any references or reports to determine the suitability of the person; and
(b) to submit to any medical or psychiatric examination that the Secretary considers appropriate in order to determine the suitability of the person and, if required by the Secretary, provide any results or reports of the examination.
s. 8
(1) Subject to subsection (2), in carrying out a fit and proper person check on a person, the Secretary may take into account all or any of the following matters—
(a) whether the person has within the 10 years preceding the application been found guilty of an indictable offence against the person or an offence involving dishonesty, fraud or trafficking in drugs of dependence for which the maximum penalty exceeds 3 months imprisonment;
(b) whether the person has been found guilty of an offence against this Act or any corresponding previous Act or regulations;
(c) whether the person is not of sound financial reputation and stable financial background;
(d) whether the person is not of good repute having regard to character, honesty and integrity.
(2) The Secretary may take into account all or any of the matters referred to in subsection (1)(a), (1)(b) or (1)(d) in carrying out a fit and proper person check on a person who is nominated to manage or control a children's service in the absence of the licensee.
(3) Nothing in this section limits the circumstances in which a person may be considered not to be a fit and proper person—
(a) to operate a children's service; or
(b) in the case of a body corporate, to be the director or other officer of the body corporate who exercises or may exercise control over the operation of the children's service; or
(c) to manage or control a children's service in the absence of the licensee.
s. 8
(1) After carrying out a fit and proper person check in respect of a person, the Secretary must determine whether or not the person is a fit and proper person for the purposes of this Part.
Note
A fit and proper person check is not required to be carried out in certain circumstances (see section 23).
(2) A determination under this section that a person is a fit and proper person—
(a) remains in force for a period not exceeding 5 years specified in the determination unless it is sooner revoked; and
(b) may be relied on by the Secretary in relation to any other application under this Act while the determination remains in force.
(3) If a determination under this section that a person is a fit and proper person to manage or control a children's service in the absence of the licensee is in force, that person is an approved nominee for the purposes of this Act.
(4) The Secretary may revoke a determination under this section if the Secretary is satisfied that the person has ceased to be a fit and proper person.
The Secretary may grant or refuse to grant a licence.
s. 8
The Secretary must refuse to grant a licence if—
(a) the Secretary has determined under Division 3 that—
(i) the applicant for the licence is not a fit and proper person to operate a children's service; or
(ii) any person nominated to manage or control the children's service in the absence of the licensee is not a fit and proper person to do so; or
(iii) if the applicant is a body corporate, any director or other officer of the body corporate who exercises or may exercise control over the operation of the children's service is not a fit and proper person to do so; or
(b) except in the case of a family day care service, there is no current approval of premises for the premises proposed to be used for the children's service.
The Secretary must not grant a licence to operate a children's service (other than a family day care service) in respect of more than one premises.
s. 8
(1) A licence is granted subject to the condition that the children's service is operated in a way that—
(a) ensures the safety of the children being cared for or educated; and
(b) ensures that the developmental needs of those children are met; and
(c) supports the health and wellbeing of those children.
(2) A licence is granted subject to the condition that a person must not manage or control the operation of the children's service in the absence of the licensee unless the person is an approved nominee or an accepted nominee under this Part.
(3) A licence for a family day care service is granted subject to the condition that premises must not be used as a family day care venue unless the premises are first approved by the Secretary under this Part.
(4) A licence may be granted subject to any other conditions or restrictions set out in the licence that are prescribed or that the Secretary imposes.
(5) Without limiting the power of the Secretary to impose any other conditions or restrictions on a licence, the Secretary may impose conditions or restrictions about the following matters—
(a) the premises or part of the premises from which the service can be provided;
(b) the maximum number of children that may be cared for or educated by the service;
(c) the ages of the children who may be cared for or educated by the service;
(d) any change to a person having the management or control of the service in the absence of the licensee;
(e) any change in a family day care venue;
(f) the minimum number of staff who must be in attendance at the service;
(g) the qualifications of the staff of the service.
s. 8
The Secretary must give notice in writing to the applicant of the Secretary's decision within 30 days after receiving the application or, if the Secretary has required testing, examination or further information, within 30 days after receiving the results or report of the test or examination or that information.
(1) If the Secretary grants a licence under this Division, the Secretary must send a copy of the licence to the licensee stating—
(a) the name of the person to whom it is issued; and
(b) in the case of a licence other than a licence to operate a family day care service, the premises from which the service can operate; and
(c) in the case of a family day care service, the principal office of the family day care service; and
(d) any conditions or restrictions to which it is subject.
(2) The licence to operate a family day care service must not state premises that are the residences of the family day carers or family day care venues.
s. 8
A licence remains in force for a period not exceeding 5 years determined by the Secretary and specified in the licence unless the licence is sooner cancelled.
If the Secretary grants a licence to operate a children's service, the Secretary must notify the licensee of the persons who are the approved nominees and the accepted nominees for the purpose of that service.
(1) If the Secretary grants a licence to operate a family day care service, the Secretary may approve a venue as a family day care venue for that service.
(2) The Secretary must notify the licensee of any venue that is an approved family day care venue for that service.
(1) A licensee may apply to the Secretary for—
(a) approval of a person who is to have the management or control of the service in the absence of the licensee; or
(b) approval of a person who is to have primary responsibility for the management or control of the service in the absence of the licensee.
(2) Division 3 applies (with any necessary changes) to an application under subsection (1).
(3) The Secretary must notify the licensee of the persons who are approved nominees and accepted nominees for the service as a result of an application under this section.
s. 8
(1) The Secretary, on the application of the licensee of a family day care service, may approve a new family day care venue for that service.
(2) Section 21 applies (with any necessary changes) to an application under subsection (1).
(3) The Secretary must notify the licensee of the approval of a venue under this section.
An application under section 25K or 25L must—
(a) be in writing and contain the relevant prescribed information; and
(b) be accompanied by the relevant prescribed fee.
s. 8
(1) A licensee may apply to the Secretary for the renewal of the licensee's licence.
(2) An application must—
(a) be in writing and contain the relevant prescribed information; and
(b) be accompanied by the relevant prescribed renewal fee.
(3) A renewal application must be made at least 2 months before the expiry of the licence but not more than 3 months before that expiry.
(4) The Secretary may, on receipt of the prescribed late application fee, consider an application for renewal of a licence that is received within the 2 month period referred to in subsection (3) but before the expiry of the licence.
(1) The Secretary may renew a licence or refuse to renew a licence.
(2) On renewing a licence, the Secretary may—
(a) renew the licence as then in force; or
(b) vary or revoke any of the conditions or restrictions to which the licence is subject; or
(c) impose new conditions or restrictions on the licence.
(3) The conditions or restrictions to which a licence is subject must be set out in the licence.
(4) A renewed licence remains in force for a period not exceeding 5 years determined by the Secretary and specified in the licence unless the licence is sooner cancelled.
s. 8
(1) The Secretary may at any time—
(a) vary or revoke a condition or restriction of a licence; or
(b) impose a new condition or restriction on a licence; or
(c) vary the period of a licence.
(2) The Secretary must not vary the period of a licence so that it exceeds 5 years.
(3) The Secretary may act under subsection (1)—
(a) on the Secretary's own initiative after consultation with the licensee; or
(b) on the application of the licensee.
(4) An application must—
(a) be in writing and contain the relevant prescribed information; and
(b) be accompanied by the relevant prescribed fee.
(5) The Secretary must send a notice of the variation of the licence and a copy of the varied licence to the licensee within 7 days after determining that the licence should be varied.
(6) A variation of the period of a licence or a condition or restriction of a licence does not take effect until 30 days after the Secretary gives the licensee notice in writing of the variation unless the Secretary, with the consent of the licensee, determines that the variation takes effect earlier.
s. 8
(1) The Secretary must not renew a children's service licence unless the Secretary is satisfied that the licensee continues to be able to satisfy all or any of the requirements of Divisions 3 and 4 to be granted a licence for the children's service that the Secretary considers should be satisfied in the circumstances.
(2) The Secretary must not vary a children's service licence on the application of a licensee unless the Secretary is satisfied that the licensee continues to be able to satisfy all or any of the requirements of Divisions 3 and 4 to be granted a licence for the children's service that the Secretary considers should be satisfied in the circumstances.
(3) For the purposes of this section, the provisions of Divisions 3 and 4 determined by the Secretary under subsection (1) or (2) apply to the licensee as if the licensee were an applicant for a licence under Division 2.
A licence is not transferable to another person.
s. 8
(1) A licensee may apply to the Secretary for a suspension of the licensee's licence.
(2) An application must—
(a) be in writing and contain the relevant prescribed information; and
(b) be accompanied by the prescribed fee.
(3) The Secretary may, by notice in writing, grant an application under subsection (1) if the Secretary is satisfied that—
(a) the applicant proposes to resume the operation of the children's service at the premises at the end of the period of suspension; and
(b) any other prescribed conditions have been met.
(4) A period of suspension under this section remains in force for the period of time specified in the notice.
(5) A period of suspension under this section must be added to the total period for which the licence was granted even if the new period of the licence exceeds 5 years.
(6) A licensee whose licence is suspended under this section is deemed not to be a licensee in respect of the premises to which the licence applies for the period of the suspension.
(1) The Secretary may cancel a licence if the Secretary is satisfied that—
(a) the licensee has requested that the licence be cancelled; or
(b) the licensee has ceased operating the service.
(2) If the Secretary cancels a licence, the Secretary must give written notice of the cancellation to the licensee at least 7 days before the cancellation takes effect.
(1) This section applies to a children's service in respect of which there is only one licensee and that licensee is a natural person.
(2) If the Secretary is satisfied that the licensee of a children's service to which this section applies has died or has become bankrupt or incapacitated, the Secretary may appoint any person that the Secretary considers appropriate as licensee of the children's service for a period not exceeding 6 months.".