CHILD CARE SERVICES ACT 2007

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 4 Term used: child care service
 
• 5A Term used: supervising officer
 
• 5B Application of this Act to associated children’s services
 
• 5 Object of Act
 
• 6 Paramount consideration when performing functions under Act
 
• 7 Principles to be observed when administering Act
 
• 8 Crown bound

PART 2 -- Licensing of child care services

Division 1 -- Licence requirement  

• 9 Providing child care service without licence, offence

Division 2 -- Licence application process  

• 10 Who may apply for licence
 
• 11 Application for licence
 
• 12 CEO may request more information to decide licence application

Division 3 -- Grant of licence  

• 13 Licence, grant of
 
• 14 General restrictions on grant of licence
 
• 15 Additional restrictions on grant of licence to individual applicant
 
• 16 Additional restrictions on grant of licence to corporate applicant

Division 4 -- Licence conditions  

• 18 Condition as to supervision and control
 
• 19 Conditions that may be imposed
 
• 20 Contravention of conditions, offence

Division 5 -- Duration and renewal of licence  

• 21 Duration of licence
 
• 22 Renewal of licence, application for
 
• 23A CEO may request more information to decide renewal application
 
• 23 Restrictions on renewal of licence
 
• 24 Conditions of renewed licence

Division 6 -- Disciplinary matters  

• 25 Suspending licence on ground of unacceptable risk
 
• 27 Revoking suspension made under s.
 
• 28 Duration of suspension
 
• 29 Disciplinary action by SAT against licensee
 
• 30A Limitations on penalties imposed under s. 29(4)(d) or by courts for offences
 
• 30B Cancelling licence if child care service no longer provided
 
• 30C Disciplinary action by SAT against managerial officer
 
• 30D Disqualified managerial officer not to be employed

Division 7 -- Review of licensing decisions  

• 30 Applying for review by SAT

Division 8 -- General  

• 31 Licence not transferable
 
• 32 Amending licence
 
• 33 Licence document, issue of
 
• 34 Licence document to be produced to CEO on request if licence amended or renewed
 
• 35 Licence document to be returned to CEO if licence no longer in effect
 
• 36 Advertising child care service, restrictions on

PART 3 -- Administration  

• 37 Cooperation and assistance between CEO and others
 
• 38 Exchange of information between CEO and others
 
• 39 Delegation by CEO
 
• 40 Licensing officers, designation of etc.
 
• 41A Licensing officers, functions of
 
• 41 Advisory bodies, establishment of by Minister etc.

PART 4 -- Compliance and enforcement

Division 1 -- General powers  

• 42 Entry to places
 
• 43A Powers after entering place
 
• 43B Information, records etc., powers to obtain
 
• 43C Relevant records, powers in relation to
 
• 43D Direction under this Division, giving and contravening
 
• 43E Exercise of power may be filmed etc.
 
• 43F Assistance and use of force to exercise power
 
• 43G Seizing things, procedure on
 
• 43H Criminal and Found Property Disposal Act 2006, application of

Division 2 -- Entry warrants  

• 43I Entry warrant, who may apply for etc.
 
• 43J Entry warrant, application for
 
• 43K Issue and content of entry warrant
 
• 43L Effect of entry warrant

Division 3 -- Compliance notices  

• 43M CEO may give compliance notice
 
• 43N Contravening compliance notice, offence
 
• 43O Review by SAT of decision to give compliance notice

Division 4 -- Proceedings and evidence  

• 43P Prosecutions and other proceedings, commencement of etc.
 
• 43Q Evidentiary certificate
 
• 43 No privilege against self-incrimination
 
• 44 Evidence Act 1906 not affected

PART 5 -- Other matters  

• 45A Information about child care services etc., publication of by CEO
 
• 45 Exemptions from s. 9 etc., Minister’s powers as to
 
• 46 Child care records, production of in legal proceedings
 
• 47 Obstructing person performing function under Act, offence
 
• 48 Impersonating licensing officer, offence
 
• 49 False or misleading information in applications etc., offence
 
• 50 Information obtained under Act, disclosure and use of restricted
 
• 51A CEO may require statutory declaration
 
• 51 Protection from liability for wrongdoing
 
• 52 Regulations
 
• 53A Regulations may adopt published documents
 
• 53B Regulations may prescribe codes of practice
 
• 53C Preparation of draft code of practice by CEO
 
• 53D Interim code of practice
 
• 53 Review of Act

PART 6 -- Transitional provisions

Division 1 -- Provisions relating to repeal of Children and Community Services Act 2004 Part  

• 54 Terms used
 
• 55 Interpretation Act 1984 not affected
 
• 56 Certain regulations continue in force after 10 Aug 2007
 
• 57 Exemptions in force immediately before 10 Aug 2007
 
• 58 Applications for licence etc. not decided by 10 Aug 2007
 
• 59 Licences in force immediately before 10 Aug 2007
 
• 60 References to Part 8 provisions, interpretation of
 
• 61 Transitional regulations

Division 2 -- Provisions relating to Child Care Services Amendment Act 2011  

• 62A Interpretation Act 1984 not affected
 
• 62B Licensing officers appointed immediately before 7 Jan 2012
 
• 62C Certain people who were supervising officers immediately before 7 Jan 2012
 
• 62D Suspensions in force immediately before 7 Jan 2012
 
• 62E Transitional regulations
• SCHEDULE 1 -- Purposes for which regulations may be made