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This is a Bill, not an Act. For current law, see the Acts databases.


CHILD CARE SERVICES BILL 2007

                    Western Australia


      Child Care Services Bill 2007

                       CONTENTS


      Part 1 -- Preliminary
1.    Short title                                           2
2.    Commencement                                          2
3.    Terms used in this Act                                2
4.    Meaning of "child care service"                       6
5.    Object                                                7
6.    Best interests of children paramount                  7
7.    Guiding principles                                    7
8.    Crown bound                                           8
      Part 2 -- Licensing of child care
           services
      Division 1 -- Licence requirement
9.    Offence to provide child care service without a
      licence                                               9
      Division 2 -- Application process
10.   Who may apply for licence                             9
11.   Application for licence                               9
12.   Further information relevant to application          10
      Division 3 -- Grant of licence
13.   Power of CEO to grant licence                        11
14.   General restrictions on grant of licence             11
15.   Restrictions on grant of licence: individual
      applicant                                            12
16.   Restrictions on grant of licence: corporate
      applicant                                            12
17.   Restrictions on grant of licence: public authority   13



                         208--1                             page i
Child Care Services Bill 2007



Contents



              Division 4 -- Licence conditions
      18.     Condition as to supervision and control              14
      19.     Other conditions                                     14
      20.     Contravention of conditions                          14
              Division 5 -- Duration and renewal of licence
      21.     Duration of licence                                  14
      22.     Application for renewal of licence                   15
      23.     Restrictions on renewal of licence                   15
      24.     Renewal of licence                                   16
              Division 6 -- Suspension and cancellation of
                     licence
      25.     Suspension of licence                                16
      26.     Notice of proposed suspension                        17
      27.     Revocation of suspension                             18
      28.     Duration of suspension                               18
      29.     Cancellation of licence                              18
              Division 7 -- Review of licensing decisions
      30.     Review by State Administrative Tribunal              20
              Division 8 -- General
      31.     Licence not transferable                             20
      32.     Amendment of licence                                 20
      33.     Licence document                                     21
      34.     Production of licence document for amendment         21
      35.     Return of licence document if licence no longer in
              effect                                               21
      36.     Advertising                                          21
              Part 3 -- Administration
      37.     Cooperation and assistance                           23
      38.     Exchange of information                              23
      39.     Delegation by CEO                                    24
      40.     Licensing officers                                   25
      41.     Advisory bodies                                      25
              Part 4 -- Enforcement
      42.     Powers of entry and inspection                       27
      43.     Legal proceedings                                    27
      44.     Evidentiary certificate                              28



page ii
                                       Child Care Services Bill 2007



                                                           Contents



      Part 5 -- Other matters
45.   Exemptions                                              29
46.   Production of child care records                        29
47.   Obstruction                                             31
48.   Impersonating a licensing officer                       32
49.   False information                                       32
50.   Confidentiality of information                          32
51.   Protection from liability for wrongdoing                33
52.   Regulations                                             33
53.   Review of Act                                           34
      Part 6 -- Transitional provisions
54.   Terms used in this Part                                 35
55.   Interpretation Act 1984 not affected                    35
56.   Continuation of certain regulations                     35
57.   Exemptions                                              36
58.   Applications for licence or renewal of licence          36
59.   Licences                                                36
60.   References to Part 8 provisions                         36
61.   Transitional regulations                                37
      Part 7 -- Other Acts amended
      Division 1 -- Children and Community Services
             Act 2004
62.   The Act amended in this Division                        38
63.   Long title amended                                      38
64.   Section 6 amended                                       38
65.   Part 8 repealed                                         38
      Division 2 -- Constitution Acts Amendment
             Act 1899
66.   The Act amended in this Division                        39
67.   Schedule V amended                                      39
      Division 3 -- Evidence Act 1906
68.   The Act amended in this Division                        39
69.   Section 19L amended                                     39
      Division 4 -- Working with Children (Criminal
             Record Checking) Act 2004
70.   The Act amended in this Division                        40
71.   Section 4 amended                                       40

                                                             page iii
Child Care Services Bill 2007



Contents



      72.     Section 5 amended                 41
      73.     Section 38 amended                41
              Schedule 1 -- Purposes for which
                  regulations may be made
              Defined Terms




page iv
                           Western Australia


                     LEGISLATIVE ASSEMBLY



              Child Care Services Bill 2007


                               A Bill for


An Act to regulate the provision of child care services, to make
consequential amendments to the Children and Community Services
Act 2004 and other Acts, and to provide for related matters.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Child Care Services Bill 2007
     Part 1          Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This is the Child Care Services Act 2007.

     2.       Commencement
 5            This Act comes into operation as follows:
               (a) sections 1 and 2 -- on the day on which this Act receives
                     the Royal Assent;
               (b) the rest of the Act -- on a day fixed by proclamation,
                     and different days may be fixed for different provisions.

10   3.       Terms used in this Act
              In this Act, unless the contrary intention appears --
              "applicant" means --
                   (a) if a licence is applied for on behalf of a public
                         authority, the public authority; or
15                 (b) otherwise, a person who applies for a licence;
              "application" means an application for a licence;
              "assessment notice" has the meaning given in the Working with
                   Children (Criminal Record Checking) Act 2004 section 4;
              "carer" has the meaning given in the Children and Community
20                 Services Act 2004 section 3;
              "CEO" means the chief executive officer of the Department;
              "child" means a person who is under 18 years of age, and in the
                   absence of positive evidence as to age, means a person who
                   is apparently under 18 years of age;
25            "child care service" has the meaning given in section 4;
              "corporate applicant" means an applicant that is a body
                  corporate other than a public authority;
              "criminal record check" means a document issued by the
                  Australian Federal Police or another body or agency

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                                          Child Care Services Bill 2007
                                            Preliminary          Part 1

                                                                    s. 3



          approved by the CEO that sets out the criminal convictions
          of an individual for offences under the law of this State, the
          Commonwealth, another State or a Territory;
     "Department" means the department of the Public Service
 5        principally assisting the Minister in the administration of
          this Act;
     "departmental officer" means a person employed in, or
          engaged for the purposes of, the Department;
     "equivalent authority" means --
10        (a) a licence or permit under the Community Services
                 Act 1972 section 17B before its repeal by the
                 Children and Community Services Act 2004; or
          (b) a licence under the Children and Community Services
                 Act 2004 Part 8 before its repeal by this Act; or
15        (c) a licence, permit or other authority (however
                 described) relating to the provision of a child care
                 service or similar service in another State or a
                 Territory;
     "family day care service" means a child care service provided
20        at a place where --
          (a) the person providing the service lives; and
          (b) none of the children to whom the service is provided
                 live;
     "individual applicant" means an applicant who is an
25        individual;
     "interim negative notice" has the meaning given to that term
          in the Working with Children (Criminal Record Checking)
          Act 2004 section 4;
     "licence" means a licence under this Act;
30   "licence document" means a licence document issued under
          section 33;
     "licensee" means a person who holds a licence;



                                                                 page 3
     Child Care Services Bill 2007
     Part 1          Preliminary

     s. 3



              "licensing officer" means a person appointed as a licensing
                   officer under section 40;
              "managerial officer", in relation to a body corporate other than
                   a public authority, means --
 5                 (a) a director or secretary of the body; or
                   (b) if the applicant is an incorporated association as
                         defined in the Associations Incorporation Act 1987
                         section 3(1), a member of the committee of the
                         association; or
10                 (c) a person who holds 50% or more of the issued shares
                         of the body; or
                   (d) any other person who, in the opinion of the CEO,
                         exercises or exerts control or influence over the body,
                         or is in a position to do so;
15            "negative notice" has the meaning given in the Working with
                   Children (Criminal Record Checking) Act 2004 section 4;
              "nominated supervising officer" means the person nominated
                   in an application made by a corporate applicant or a public
                   authority as the person who will be responsible for the
20                 day-to-day supervision and control of the child care service
                   to which the application relates;
              "parent", in relation to a child, means a person who at law has
                   responsibility for --
                   (a) the long-term care, welfare and development of the
25                       child; or
                   (b) the day-to-day care, welfare and development of the
                         child;
              "place" means anywhere at all, and includes anywhere in or on
                   something that is moving or can move;
30            "prescribed offence" means an offence prescribed, or of a class
                   prescribed, in the regulations;
              "public authority" means --
                   (a) a department of the Public Service; or

     page 4
                                         Child Care Services Bill 2007
                                           Preliminary          Part 1

                                                                  s. 3



         (b)    a State agency or instrumentality; or
         (c)    a local government or regional local government; or
         (d)    a body, whether corporate or unincorporate, or the
                holder of an office, post or position, established or
 5              continued for a public purpose under a written law;
     "relative" has the meaning given in the Children and
          Community Services Act 2004 section 3;
     "supervising officer" for a child care service means --
          (a) if a licence in respect of the service is granted to an
10              individual --
                   (i) the licensee; or
                  (ii) a person appointed under the regulations to
                        act in place of the licensee;
                or
15        (b) if a licence in respect of the service is granted to a
                corporate applicant or a public authority --
                   (i) the person specified in the licence document
                        relating to the service as the person
                        responsible for the day-to-day supervision and
20                      control of the service; or
                  (ii) a person appointed under the regulations to
                        act in place of the person referred to in
                        subparagraph (i);
     "suspension notice" means a notice under section 25(1);
25   "usual occupant", in relation to an application that relates to a
          family day care service, means --
          (a) a person other than the applicant who usually lives at
                the place where the service will be provided; or
          (b) any other person who is likely to be present at that
30              place at the times when the service will be provided;
     "wellbeing", in relation to children, includes the care,
          development, health and safety of children.


                                                               page 5
     Child Care Services Bill 2007
     Part 1          Preliminary

     s. 4



     4.         Meaning of "child care service"
          (1)   For the purposes of this Act a child care service is a service for
                the casual, part-time or day-to-day care of a child or children
                under 13 years of age (or such other age as may be prescribed
 5              for the purposes of this subsection) that is provided --
                  (a)   for payment or reward, whether directly or indirectly
                        through payment or reward for some other service; or
                 (b)    as a benefit of employment; or
                 (c)    as an ancillary service to a commercial or recreational
10                      activity.
          (2)   The term "child care service" does not include --
                 (a) care provided to a child by a parent, relative or carer of
                       the child; or
                 (b)    care provided to a child by a person in accordance with
15                      a parenting order under the Family Law Act 1975 of the
                        Commonwealth or the Family Court Act 1997; or
                  (c)   care provided to a child in accordance with an approval
                        under the Children and Community Services Act 2004
                        section 104(3); or
20               (d)    care provided to a child --
                           (i) at the place where the child lives; or
                          (ii) substantially at that place;
                        or
                  (e)   care provided to a child enrolled at a school if --
25                         (i) the child has reached 3 years of age; and
                          (ii) the care is provided in the course of the child's
                               participation in an educational programme under
                               the School Education Act 1999;
                        or
30                (f)   care provided to a child at a hospital or similar place
                        while the child is a patient at that hospital or place; or


     page 6
                                                Child Care Services Bill 2007
                                                  Preliminary          Part 1

                                                                          s. 5



           (g)     care of a kind that is excluded by the regulations from
                   the application of subsection (1).

     5.   Object
          The object of this Act is to protect, and promote the best
 5        interests of, children who receive child care services.

     6.   Best interests of children paramount
          A person or body with functions under this Act must, in the
          performance of those functions, regard the best interests of
          children as the paramount consideration.

10   7.   Guiding principles
          In the administration of this Act the following principles must
          be observed --
            (a) the principle that a child care service should be provided
                  to a child in a way that --
15                   (i) protects the child from harm; and
                    (ii) respects the child's dignity and privacy; and
                   (iii) safeguards and promotes the child's wellbeing;
                          and
                   (iv) provides positive experiences for the child; and
20                  (v) stimulates and develops the child's creative,
                          emotional, intellectual, physical, recreational and
                          social potential;
            (b) the principle that child care services should be provided
                  in a way that --
25                   (i) involves parents of the children to whom the
                          services are provided and other members of the
                          community; and
                    (ii) reflects best practice in the care, education and
                          recreation of young children; and
30                 (iii) reflects the diverse nature of the community.

                                                                       page 7
Child Care Services Bill 2007
Part 1          Preliminary

s. 8



8.       Crown bound
         This Act binds the Crown in right of the State and, so far as the
         legislative power of Parliament permits, the Crown in all its
         other capacities.




page 8
                                                Child Care Services Bill 2007
                              Licensing of child care services         Part 2
                                        Licence requirement       Division 1
                                                                          s. 9



           Part 2 -- Licensing of child care services
                  Division 1 -- Licence requirement
     9.    Offence to provide child care service without a licence
           A person must not provide a child care service at a place except
 5         under and in accordance with a licence authorising the provision
           of the service at that place.
           Penalty:
                (a) for a first offence --
                         (i) a fine of $12 000 and imprisonment for
10                             one year; and
                        (ii) a daily penalty of $600;
                (b) for a subsequent offence --
                         (i) a fine of $24 000 and imprisonment for
                               2 years; and
15                      (ii) a daily penalty of $1 200.

                   Division 2 -- Application process
     10.   Who may apply for licence
           An application for a licence may be made to the CEO by --
            (a) an individual; or
20          (b) a body corporate; or
            (c) in the case of a public authority that is not a body
                  corporate, the chief executive officer (however
                  described) of the public authority on behalf of the
                  authority.

25   11.   Application for licence
           An application must be --
            (a) in writing in a form approved by the CEO; and


                                                                      page 9
     Child Care Services Bill 2007
     Part 2          Licensing of child care services
     Division 2      Application process
     s. 12



                  (b)   accompanied by any document or information that is
                        prescribed; and
                  (c)   accompanied by the prescribed fee (if any).

     12.         Further information relevant to application
 5         (1)   The CEO may ask an applicant for any additional document or
                 information that the CEO considers is or could be relevant to
                 making a decision on the application.
           (2)   Without limiting subsection (1), for the purpose of deciding
                 whether or not an individual applicant or a nominated
10               supervising officer is a fit and proper person to provide or be
                 involved in the provision of a child care service, the CEO --
                   (a) must ask the applicant or nominated supervising officer
                        to undergo an oral or written assessment as to his or her
                        knowledge and understanding of --
15                         (i) the operation of this Act; and
                          (ii) the field of child development;
                        and
                   (b) must ask the applicant or nominated supervising officer
                        to provide a reference or report specified by the CEO;
20                      and
                   (c) must ask the applicant or nominated supervising officer
                        to provide evidence that the person holds the
                        qualifications prescribed in relation to the type of child
                        care service to which the application relates; and
25                 (d) may ask the applicant or nominated supervising officer
                        to undergo a medical, psychiatric or psychological test
                        or examination specified by the CEO.
           (3)   If the CEO makes a request under subsection (1) or (2), the
                 CEO does not have to consider the application, or consider it
30               further, until the request is complied with.




     page 10
                                                       Child Care Services Bill 2007
                                     Licensing of child care services         Part 2
                                                     Grant of licence    Division 3
                                                                                s. 13



           (4)   Any costs incurred in complying with a request under
                 subsection (1) or (2) are to be paid by the applicant unless the
                 CEO determines otherwise.

                            Division 3 -- Grant of licence
 5   13.         Power of CEO to grant licence
           (1)   The CEO may grant a licence to a person authorising the person
                 to provide a specified type of child care service at a specified
                 place.
           (2)   In subsection (1) --
10               "specified" means specified in the licence document.
           (3)   A licence cannot be granted in respect of more than one child
                 care service.
           (4)   A licence cannot be granted to 2 or more persons.
           (5)   A person may be granted 2 or more licences whether for the
15               same type of child care service or for different types of child
                 care service.

     14.         General restrictions on grant of licence
           (1)   The CEO must not grant a licence if there are reasonable
                 grounds for believing that the provision of the child care service
20               to which the application relates would constitute an
                 unacceptable risk to the wellbeing of children for whom the
                 service would be provided.
           (2)   The CEO must not grant a licence unless the CEO is satisfied
                 that --
25                 (a) the applicant is capable of providing a child care service
                        in accordance with the regulations and the terms and
                        conditions of the licence; and
                   (b) the place at which the child care service is to be
                        provided is suitable for that purpose; and


                                                                            page 11
     Child Care Services Bill 2007
     Part 2          Licensing of child care services
     Division 3      Grant of licence
     s. 15



                   (c)   a licence or equivalent authority granted or issued to the
                         applicant has not been cancelled in the period of 5 years
                         before the application is made; and
                  (d)    the applicant is of sound financial reputation and stable
 5                       financial background; and
                   (e)   if the application relates to the provision of a family day
                         care service, each usual occupant is a fit and proper
                         person to associate with children.

     15.         Restrictions on grant of licence: individual applicant
10         (1)   The CEO must not grant a licence to an individual applicant if
                 the applicant has been found guilty of a prescribed offence
                 unless the CEO is satisfied that there are exceptional reasons for
                 doing so.
           (2)   The CEO must not grant a licence to an individual applicant
15               unless the CEO is satisfied that the applicant --
                   (a) has a current assessment notice; and
                  (b) has the ability to supervise and control on a day-to-day
                         basis the provision of the child care service to which the
                         application relates; and
20                 (c) is otherwise a fit and proper person to provide a child
                         care service.

     16.         Restrictions on grant of licence: corporate applicant
           (1)   The CEO must not grant a licence to a corporate applicant if the
                 nominated supervising officer or a managerial officer has been
25               found guilty of a prescribed offence unless the CEO is satisfied
                 that there are exceptional reasons for doing so.
           (2)   The CEO must not grant a licence to a corporate applicant
                 unless the CEO is satisfied that --
                   (a) a licence or equivalent authority granted or issued to the
30                       nominated supervising officer or a managerial officer
                         has not been cancelled in the period of 5 years before
                         the application is made; and

     page 12
                                                       Child Care Services Bill 2007
                                     Licensing of child care services         Part 2
                                                     Grant of licence    Division 3
                                                                                s. 17



                  (b)   the nominated supervising officer is not the supervising
                        officer for another child care service that is or will be
                        provided at a time when the child care service to which
                        the application relates will be provided; and
 5                (c)   the nominated supervising officer and each managerial
                        officer have a current assessment notice; and
                  (d)   the nominated supervising officer has the ability to
                        supervise and control on a day-to-day basis the
                        provision of the child care service to which the
10                      application relates; and
                  (e)   the nominated supervising officer and each managerial
                        officer are otherwise fit and proper people to be
                        involved in the provision of a child care service.

     17.         Restrictions on grant of licence: public authority
15         (1)   The CEO must not grant a licence to a public authority if the
                 nominated supervising officer has been found guilty of a
                 prescribed offence unless the CEO is satisfied that there are
                 exceptional reasons for doing so.
           (2)   The CEO must not grant a licence to a public authority unless
20               the CEO is satisfied that --
                   (a) a licence or equivalent authority granted or issued to the
                       nominated supervising officer has not been cancelled in
                       the period of 5 years before the application is made; and
                   (b) the nominated supervising officer is not the supervising
25                     officer for another child care service that is or will be
                       provided at a time when the child care service to which
                       the application relates will be provided; and
                   (c) the nominated supervising officer has a current
                       assessment notice; and
30                 (d) the nominated supervising officer has the ability to
                       supervise and control on a day-to-day basis the
                       provision of the child care service to which the
                       application relates; and


                                                                            page 13
     Child Care Services Bill 2007
     Part 2          Licensing of child care services
     Division 4      Licence conditions
     s. 18



                   (e)   the nominated supervising officer is otherwise a fit and
                         proper person to be involved in the provision of a child
                         care service.

                          Division 4 -- Licence conditions
 5   18.         Condition as to supervision and control
                 It is a condition of every licence that the licensee must ensure
                 that the supervising officer for the child care service is present
                 at the place where the service is provided at the times when the
                 service is provided except to the extent (if any) that the
10               regulations otherwise provide.

     19.         Other conditions
           (1)   The CEO may grant a licence subject to any conditions that the
                 CEO considers appropriate.
           (2)   The regulations may prescribe conditions that are taken to be
15               attached to --
                  (a)    all licences; or
                  (b)    all licences relating to a particular type of child care
                         service,
                 unless otherwise specified in the licence.

20   20.         Contravention of conditions
                 A licensee who contravenes a condition of a licence commits an
                 offence.
                 Penalty: a fine of $12 000.

                  Division 5 -- Duration and renewal of licence
25   21.         Duration of licence
           (1)   A licence has effect for the period specified in the licence
                 document unless --
                   (a) section 22(3) applies; or

     page 14
                                                       Child Care Services Bill 2007
                                     Licensing of child care services         Part 2
                                     Duration and renewal of licence     Division 5
                                                                                s. 22



                  (b)    it is suspended under section 25; or
                  (c)    it is cancelled under section 29; or
                  (d)    it is surrendered in accordance with the regulations.
           (2)   The period specified in the licence document must not exceed
 5               3 years from the day on which the licence is granted or renewed.

     22.         Application for renewal of licence
           (1)   A licensee may apply to the CEO for the renewal of a licence.
           (2)   An application for renewal must be --
                  (a) in writing in a form approved by the CEO; and
10                (b) lodged with the CEO within the prescribed time or any
                        further time that the CEO in a particular case allows;
                        and
                  (c) accompanied by any document or information that is
                        prescribed; and
15                (d) accompanied by the prescribed fee (if any).
           (3)   If an application for renewal is made in accordance with this
                 section the licence continues to have effect until the application
                 is determined unless the licence is suspended under section 25
                 or cancelled under section 29.
20         (4)   Section 12 applies in relation to an application for renewal as if
                 it were an application for a licence.

     23.         Restrictions on renewal of licence
                 The CEO must not renew a licence if --
                  (a) the CEO is no longer satisfied as to any matter referred
25                     to in section 14(2), 15, 16 or 17 that was relevant to the
                       decision to grant the licence; or
                  (b) the CEO is satisfied that the licensee has persistently or
                       frequently contravened the regulations or a term or
                       condition of the licence; or


                                                                            page 15
     Child Care Services Bill 2007
     Part 2          Licensing of child care services
     Division 6      Suspension and cancellation of licence
     s. 24



                    (c)   there are reasonable grounds for believing that the
                          continued provision of the child care service to which
                          the application relates would constitute an unacceptable
                          risk to the wellbeing of the children for whom the
 5                        service is provided.

     24.          Renewal of licence
                  If the CEO renews a licence the CEO may --
                    (a) renew it subject to any existing condition; or
                    (b) impose any new condition; or
10                  (c) change or remove any existing condition (other than the
                          condition referred to in section 18).

                 Division 6 -- Suspension and cancellation of licence
     25.          Suspension of licence
           (1)    The CEO may, subject to section 26, by written notice given to
15                the licensee, suspend a licence if there are reasonable grounds
                  for believing that --
                    (a) the licensee has contravened a term or condition of the
                          licence; or
                    (b) the licensee has contravened a provision of the
20                        regulations; or
                    (c) the licensee has contravened the Working with Children
                          (Criminal Record Checking) Act 2004 section 22; or
                    (d) if the licensee is an individual -- the licensee has been
                          issued with an interim negative notice; or
25                  (e) if the licensee is a body corporate other than a public
                          authority -- the supervising officer or a managerial
                          officer has been issued with an interim negative notice;
                          or
                     (f) if the licensee is a public authority -- the supervising
30                        officer has been issued with an interim negative notice;
                          or

     page 16
                                                      Child Care Services Bill 2007
                                    Licensing of child care services         Part 2
                              Suspension and cancellation of licence    Division 6
                                                                               s. 26



                  (g)   the continued provision of the child care service
                        constitutes or would constitute an unacceptable risk to
                        the wellbeing of the children for whom the service is
                        provided.
 5         (2)   The suspension notice must --
                  (a) state the day, or the day and time, on or at which the
                        suspension takes effect; and
                  (b) state the reasons for the CEO's decision to suspend the
                        licence; and
10                (c) where appropriate, indicate what steps need to be taken
                        to ensure that there is compliance with the relevant
                        provision, term or condition or that there is no longer a
                        risk as described in subsection (1)(g); and
                  (d) inform the licensee that the licensee has a right to apply
15                      under section 30 for a review of the CEO's decision to
                        suspend the licence.

     26.         Notice of proposed suspension
           (1)   If the CEO proposes to suspend a licence for the reason
                 mentioned in section 25(1)(a) or (b), the CEO must give written
20               notice to the licensee of the proposed suspension.
           (2)   The notice must --
                  (a) state that the CEO proposes to suspend the licence; and
                  (b) state the reasons for the proposed suspension; and
                  (c) inform the licensee that the licensee is entitled to make
25                      representations to the CEO in respect of the proposed
                        suspension within 21 days after the day on which the
                        licensee is given the notice.
           (3)   In considering whether to suspend the licence the CEO must
                 have regard to any representations made by the licensee within
30               the period referred to in subsection (2)(c).




                                                                           page 17
     Child Care Services Bill 2007
     Part 2          Licensing of child care services
     Division 6      Suspension and cancellation of licence
     s. 27



     27.         Revocation of suspension
           (1)   The CEO must, by written notice given to the licensee, revoke
                 the suspension of a licence if the CEO is satisfied that the steps
                 specified in the suspension notice have been taken.
 5         (2)   The CEO may, by written notice given to the licensee, revoke
                 the suspension of a licence if it is appropriate to do so in the
                 circumstances of the particular case.

     28.         Duration of suspension
                 The suspension of a licence has effect on and from the day, or
10               the day and time, specified in the suspension notice until one of
                 the following happens --
                   (a) the suspension is revoked under section 27;
                   (b) the licence is cancelled under section 29 or expires;
                   (c) the licence is surrendered in accordance with the
15                       regulations.

     29.         Cancellation of licence
           (1)   Grounds for the cancellation of a licence exist if --
                  (a) the licence was obtained improperly; or
                  (b) the CEO can no longer be satisfied as to a matter
20                     referred to in section 14(2), 15, 16 or 17 that was
                       relevant to the decision to grant the licence; or
                  (c) the licensee has persistently or frequently contravened a
                       term or condition of the licence or a provision of the
                       regulations, whether or not the licence is or has been
25                     suspended on the grounds of that contravention; or
                  (d) the licensee has contravened the Working with Children
                       (Criminal Record Checking) Act 2004 section 22,
                       whether or not the licence is or has been suspended on
                       the grounds of that contravention; or




     page 18
                                                Child Care Services Bill 2007
                              Licensing of child care services         Part 2
                        Suspension and cancellation of licence    Division 6
                                                                         s. 29



             (e)   there are reasonable grounds for believing that --
                      (i) if the licensee is an individual -- the licensee has
                           been issued with a negative notice; or
                     (ii) if the licensee is a body corporate other than a
 5                         public authority -- the supervising officer or a
                           managerial officer has been issued with a
                           negative notice; or
                    (iii) if the licensee is a public authority -- the
                           supervising officer has been issued with a
10                         negative notice;
                   or
             (f)   there are reasonable grounds for believing that the
                   continued provision of the child care service constitutes
                   or would constitute an unacceptable risk to the
15                 wellbeing of the children for whom the service is
                   provided, whether or not the licence has been suspended
                   on the grounds of that risk.
     (2)   If the CEO considers that grounds for the cancellation of a
           licence exist the CEO may refer the matter to the State
20         Administrative Tribunal.
     (3)   The CEO must give written notice of a referral under
           subsection (2) to the licensee as soon as practicable after the
           referral is made.
     (4)   In proceedings commenced by a referral under subsection (2)
25         the State Administrative Tribunal may, if it is satisfied that
           grounds for the cancellation of the licence exist, cancel the
           licence.




                                                                      page 19
     Child Care Services Bill 2007
     Part 2          Licensing of child care services
     Division 7      Review of licensing decisions
     s. 30



                    Division 7 -- Review of licensing decisions
     30.         Review by State Administrative Tribunal
           (1)   In this section --
                 "licensing decision" means a decision of the CEO --
 5                    (a) to refuse to grant or renew a licence; or
                      (b) as to the period for which a licence is granted or
                             renewed; or
                      (c) to grant or renew a licence subject to a particular
                             condition; or
10                    (d) to suspend a licence under section 25; or
                      (e) to amend a licence under section 32;
                 "person aggrieved" means --
                      (a) a person upon whose application a licensing decision
                             is made; or
15                    (b) the holder of the licence to which a licensing decision
                             relates.
           (2)   A person aggrieved by a licensing decision may apply to the
                 State Administrative Tribunal for a review of the decision.

                                 Division 8 -- General
20   31.         Licence not transferable
                 A licence is not transferable.

     32.         Amendment of licence
           (1)   In this section --
                 "amend" includes --
25                    (a) to impose any new condition; and
                      (b) to change or remove any existing condition (other
                             than the condition referred to in section 18).



     page 20
                                                       Child Care Services Bill 2007
                                     Licensing of child care services         Part 2
                                                             General     Division 8
                                                                                s. 33



           (2)   The CEO may, by written notice given to the licensee, amend a
                 licence.
           (3)   An amendment may be made on application made by the
                 licensee or on the CEO's own initiative.

 5   33.         Licence document
                 If the CEO grants a licence to a person the CEO must issue to
                 the person a licence document that contains the prescribed
                 details.

     34.         Production of licence document for amendment
10               If the CEO amends or renews a licence, the licensee must, if
                 required by the CEO, produce the licence document to the CEO
                 for amendment within the period specified by the CEO.
                 Penalty: a fine of $6 000.

     35.         Return of licence document if licence no longer in effect
15               If a licence --
                   (a) has expired and has not been renewed; or
                   (b) has been suspended or cancelled; or
                   (c) has been surrendered in accordance with the regulations,
                 the person who was the licensee must, as soon as practicable
20               after the expiry, suspension, cancellation or surrender, return the
                 licence document to the CEO.
                 Penalty: a fine of $6 000.

     36.         Advertising
                 A person must not advertise, or otherwise hold out in any way,
25               that the person provides a child care service unless --
                   (a) the person holds a licence authorising the provision of
                         the child care service; or




                                                                            page 21
Child Care Services Bill 2007
Part 2          Licensing of child care services
Division 8      General
s. 36



           (b)   the person is not required to hold a licence in respect of
                 the child care service because of an exemption under
                 section 45(1)(a).
          Penalty: a fine of $6 000.




page 22
                                                      Child Care Services Bill 2007
                                                      Administration         Part 3

                                                                                s. 37



                            Part 3 -- Administration
     37.         Cooperation and assistance
           (1)   In performing functions under this Act, the CEO must
                 endeavour to work in cooperation with public authorities and
 5               non-government agencies.
           (2)   The CEO must promote the establishment, implementation and
                 regular review of procedures that facilitate such cooperation.
           (3)   If the CEO considers that a public authority can, by taking
                 specified action, assist in the performance of functions under
10               this Act, the CEO may request the assistance of that authority,
                 specifying the action that is sought.
           (4)   A public authority must endeavour to comply with a request
                 under subsection (3) if compliance is consistent with its duties
                 and responsibilities and does not unduly prejudice the
15               performance of its functions.
           (5)   Nothing in this section is to be taken to limit the operation of
                 section 38.

     38.         Exchange of information
           (1)   In this section --
20               "corresponding authority" means a person or body in another
                      State or a Territory, or another country, who or which has
                      functions corresponding to those of the CEO under this
                      Act;
                 "interested person" means a person or body who or which, in
25                    the opinion of the CEO, has a direct interest in the
                      wellbeing of a child or a class or group of children;
                 "relevant information" means information that, in the opinion
                      of the CEO, is, or is likely to be, relevant to --
                      (a) the wellbeing of a child or a class or group of
30                           children; or


                                                                            page 23
     Child Care Services Bill 2007
     Part 3          Administration

     s. 39



                        (b)      the performance of a function under this Act.
           (2)   The CEO may disclose relevant information to a public
                 authority, a corresponding authority or an interested person.
           (3)   The CEO may request a public authority, a corresponding
 5               authority or an interested person who or which holds relevant
                 information to disclose the information to the CEO, as the case
                 requires.
           (4)   Information may be disclosed under subsection (2), or in
                 compliance with a request under subsection (3), despite any law
10               of this State relating to secrecy or confidentiality.
           (5)   If information is disclosed, in good faith, under subsection (2)
                 or in compliance with a request under subsection (3) --
                   (a) no civil or criminal liability is incurred in respect of the
                         disclosure; and
15                 (b) the disclosure is not to be regarded as a breach of any
                         duty of confidentiality or secrecy imposed by law; and
                   (c) the disclosure is not to be regarded as a breach of
                         professional ethics or standards or as unprofessional
                         conduct.
20         (6)   The CEO must establish procedures for the disclosure of
                 information under subsection (2).
           (7)   The regulations may include provisions about --
                  (a) the receipt and storage of information disclosed under
                        this section; and
25                (b)         the restriction of access to such information.

     39.         Delegation by CEO
           (1)   The CEO may delegate to a departmental officer or other person
                 any power or duty of the CEO under another provision of this
                 Act.
30         (2)   The delegation must be in writing signed by the CEO.


     page 24
                                                     Child Care Services Bill 2007
                                                     Administration         Part 3

                                                                                 s. 40



           (3)   A person to whom a power or duty is delegated under this
                 section cannot delegate that power or duty.
           (4)   A person exercising or performing a power or duty that has been
                 delegated to the person under this section, is to be taken to do so
 5               in accordance with the terms of the delegation unless the
                 contrary is shown.
           (5)   Nothing in this section limits the ability of the CEO to perform
                 a function through a departmental officer or agent.

     40.         Licensing officers
10         (1)   The CEO may appoint a departmental officer as a licensing
                 officer for the purposes of this Act.
           (2)   The CEO must ensure that each licensing officer is issued with
                 an identity card in a form approved by the CEO.
           (3)   A licensing officer must display his or her identity card
15               whenever dealing with a person in respect of whom the officer
                 has exercised, is exercising, or is about to exercise, a power
                 under this Act.
           (4)   In any proceedings the production by a licensing officer of his
                 or her identity card is conclusive evidence of his or her
20               appointment under this section.

     41.         Advisory bodies
           (1)   In this section --
                 "advisory body" means a body established under
                      subsection (2).
25         (2)   The Minister may establish one or more bodies to provide
                 advice or assistance to the Minister or the CEO on matters
                 relevant to the operation or administration of this Act.
           (3)   Subsection (2) does not authorise the Minister to establish a
                 body corporate.



                                                                            page 25
     Child Care Services Bill 2007
     Part 3          Administration

     s. 41



        (4)    An advisory body is to consist of such people as the Minister
               thinks fit.
        (5)    An advisory body is to be established by an instrument signed
               by the Minister that --
 5               (a) identifies the members of the body and the length and
                      conditions of each of their appointments; and
                (b) sets out the duties and responsibilities of the body; and
                 (c) sets out any other matters in relation to the operation of
                      the body that the Minister considers appropriate.
10      (6)    The Minister may, by instrument signed by the Minister, amend
               or cancel an instrument made under subsection (5).
        (7)    The Minister must cause an instrument made under this section
               to be published in the Gazette.
        (8)    Members of an advisory body are entitled to any remuneration
15             and allowances that the Minister may from time to time
               determine on the recommendation of the Minister for Public
               Sector Management.




     page 26
                                                       Child Care Services Bill 2007
                                                        Enforcement           Part 4

                                                                                s. 42



                              Part 4 -- Enforcement
     42.         Powers of entry and inspection
           (1)   A licensing officer may --
                  (a) enter at any reasonable time any place specified in a
 5                      licence as a place at which a child care service may be
                        provided and inspect that place and any equipment or
                        other thing at that place; and
                  (b) enter and inspect any other place if authorised to do so
                        by a warrant issued under subsection (3); and
10                (c) require any person who is at a place entered under
                        paragraph (a) or (b) to provide any information that is
                        necessary for the purpose of investigating compliance
                        with this Act or the regulations; and
                  (d) inspect and for that purpose require the production of,
15                      any register, record or other document that any person is
                        required by the regulations to keep and copy or take
                        extracts from any such register, record or other
                        document.
           (2)   A person must not, without lawful excuse, fail to comply with a
20               requirement under subsection (1)(c) or (d).
                 Penalty: a fine of $6 000.
           (3)   If a magistrate is satisfied by evidence on oath that there are
                 reasonable grounds to suspect that a child care service is being
                 provided at a place other than a place at which such a service
25               may be provided under a licence, the magistrate may issue a
                 warrant to a licensing officer or a police officer authorising the
                 officer to enter and inspect that place.

     43.         Legal proceedings
           (1)   Proceedings for an offence under this Act or in respect of any
30               other matter arising under this Act may be commenced in the
                 name of the CEO by the CEO or a person authorised to do so by
                 the CEO.

                                                                             page 27
     Child Care Services Bill 2007
     Part 4          Enforcement

     s. 44



           (2)   In any proceedings no proof is required of --
                   (a) the appointment of the CEO; or
                   (b) the authorisation of a person under subsection (1),
                 but an averment in a prosecution notice that the person is so
 5               appointed or authorised is to be taken to be proved unless the
                 contrary is proved.
           (3)   Subsection (1) does not limit the ability of a person to
                 commence or conduct the prosecution of an offence if the
                 person has authority at law to do so.

10   44.         Evidentiary certificate
           (1)   In proceedings for an offence under this Act production of a
                 certificate containing a statement described in subsection (2)
                 and purporting to be signed by the CEO is, without proof of any
                 appointment or signature, evidence of the facts stated in the
15               certificate.
           (2)   A certificate may state any or all of the following --
                  (a) that a person has or had, or does not or did not have, a
                         licence in relation to a particular child care service;
                  (b) that a licence did or did not specify a particular place;
20                (c) the conditions to which a licence is or was subject;
                  (d) the day, days or period on or during which anything
                         referred to in any of paragraphs (a) to (c) applied.




     page 28
                                                       Child Care Services Bill 2007
                                                       Other matters          Part 5

                                                                                s. 45



                             Part 5 -- Other matters
     45.         Exemptions
           (1)   The Minister may, by order published in the Gazette, exempt a
                 specified child care service or a child care service of a specified
 5               type from the application of --
                   (a) section 9; or
                   (b) the regulations; or
                   (c) a specified provision of the regulations.
           (2)   In subsection (1) --
10               "specified" means specified in the order.
           (3)   The Minister may, by order published in the Gazette, amend or
                 repeal an order made under subsection (1).
           (4)   In the exercise of the powers conferred by subsections (1)
                 and (3), the Minister must have regard to --
15                 (a) the best interests of the children for whom the child care
                         service is or is intended to be provided and any special
                         needs or interests of those children; and
                   (b) the views of the parents of those children; and
                   (c) the needs of the locality in which the child care service
20                       is or is intended to be provided and the extent to which
                         those needs are being met; and
                   (d) the desirability of or need for short-term, special,
                         innovative, experimental, culturally appropriate and
                         culturally specific child care services.

25   46.         Production of child care records
           (1)   In this section --
                 "child care record" means a document in the records of the
                      Department that --
                      (a) relates to a child care service (whether or not the
30                           service is an existing child care service); and

                                                                             page 29
     Child Care Services Bill 2007
     Part 5          Other matters

     s. 46



                   (b)    contains information about one or more of the
                          following people --
                             (i) a child;
                            (ii) a child's parent;
 5                         (iii) a child's carer.
        (2)    This section applies if a party to any legal proceedings lawfully
               requires --
                 (a) the CEO or a departmental officer to produce to the
                       party, or the court or tribunal concerned, a child care
10                     record; or
                 (b) an officer or employee of a public authority to produce
                       to the party, or the court or tribunal concerned, a child
                       care record to which that public authority has been given
                       access.
15      (3)    The party requiring production of the child care record must
               describe the record --
                 (a) by reference to the child care service to which it relates;
                      and
                 (b) by reference to the person or people to whom it relates;
20                    and
                 (c) by reference to the period to which it relates; and
                 (d) by general reference to the circumstances to which it
                      relates.
        (4)    The party requiring production of the child care record must
25             show that the circumstances to which the record relates are
               relevant to the proceedings.
        (5)    A person must not, directly or indirectly, record, disclose or
               make use of information in a child care record produced in
               response to a requirement referred to in subsection (2) other
30             than for a purpose connected with the proceedings.
               Penalty: a fine of $12 000.


     page 30
                                                     Child Care Services Bill 2007
                                                     Other matters          Part 5

                                                                              s. 47



           (6)   If a child care record is produced to a court or tribunal in
                 response to a requirement referred to in subsection (2), the court
                 or tribunal must take reasonable steps to ensure that access to
                 the record is limited to one or more of the following people --
 5                 (a) a party to the proceedings;
                   (b) a legal representative of a party to the proceedings;
                   (c) an expert witness in the proceedings;
                   (d) if the proceedings are in the Family Court --
                            (i) a family consultant as defined in the Family
10                                Court Act 1997 section 61; or
                           (ii) any other person required or directed to prepare a
                                  report on matters relevant to the proceedings,
                                  under that Act or the Family Law Act 1975 of the
                                  Commonwealth;
15                 (e) a person who can show that the CEO has authorised his
                          or her access to the record;
                    (f) a person considered by the court or tribunal to have a
                          direct interest in the proceedings.
           (7)   A person referred to in subsection (6) who has been given
20               access to a child care record by a court or tribunal must not,
                 without the approval of the court or tribunal, make a copy of, or
                 otherwise reproduce, the record.
                 Penalty: a fine of $6 000.
           (8)   For the purposes of subsection (7), the court or tribunal may
25               give approval on such conditions, including conditions about the
                 return or destruction of copies or reproductions made, as the
                 court or tribunal thinks fit.

     47.         Obstruction
                 A person must not obstruct or hinder a person who is
30               performing or attempting to perform a function under this Act.
                 Penalty: a fine of $12 000 and imprisonment for one year.


                                                                           page 31
     Child Care Services Bill 2007
     Part 5          Other matters

     s. 48



     48.         Impersonating a licensing officer
                 A person must not falsely represent, by words or conduct, that a
                 person is a licensing officer.
                 Penalty: a fine of $12 000 and imprisonment for one year.

 5   49.         False information
                 A person must not give information orally or in writing in, or in
                 relation to, an application or other document prepared for the
                 purposes of this Act that the person knows to be false or
                 misleading in a material respect.
10               Penalty: a fine of $6 000.

     50.         Confidentiality of information
           (1)   This section applies to a person who is or has been engaged in
                 the performance of functions under this Act.
           (2)   A person to whom this section applies must not, directly or
15               indirectly, record, disclose or make use of information obtained
                 in the course of duty, except --
                   (a) for the purpose of, or in connection with, performing
                         functions under this Act; or
                   (b) for the purpose of the investigation of any suspected
20                       offence under this Act or the conduct of proceedings
                         against any person for an offence under this Act; or
                   (c) as required or allowed under this Act or another written
                         law; or
                   (d) with the written consent of the Minister or the person to
25                       whom the information relates; or
                   (e) in prescribed circumstances.
                 Penalty: a fine of $12 000 and imprisonment for one year.
           (3)   Subsection (2) is not to be taken to prevent the disclosure of
                 statistical or other information that could not reasonably be



     page 32
                                                       Child Care Services Bill 2007
                                                       Other matters          Part 5

                                                                                s. 51



                 expected to lead to the identification of any person to whom it
                 relates.
           (4)   If information is lawfully disclosed under this section, this
                 section does not prevent the further disclosure of the
 5               information, or the recording or use of the information, for the
                 purpose for which the disclosure was made.

     51.         Protection from liability for wrongdoing
           (1)   An action in tort does not lie against a person for anything that
                 the person has done, in good faith, in the performance or
10               purported performance of a function under this Act.
           (2)   The protection given by subsection (1) applies even though the
                 thing done as described in that subsection may have been
                 capable of being done whether or not this Act had been enacted.
           (3)   Despite subsection (1), the State is not relieved of any liability
15               that it might have for another person having done anything as
                 described in that subsection.
           (4)   A person who, at the request of a licensing officer, assists the
                 officer in the exercise of a power under this Act is to be taken,
                 for the purposes of this section, to be performing a function
20               under this Act.
           (5)   In this section, a reference to the doing of anything includes a
                 reference to the omission to do anything.

     52.         Regulations
           (1)   The Governor may make regulations prescribing all matters that
25               are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.
           (2)   Without limiting subsection (1), regulations may be made for
                 any one or more of the purposes set out in Schedule 1.




                                                                             page 33
    Child Care Services Bill 2007
    Part 5          Other matters

    s. 53



    53.         Review of Act
          (1)   The Minister must carry out a review of the operation and
                effectiveness of this Act as soon as is practicable after every
                fifth anniversary of the commencement of this section.
5         (2)   The Minister must prepare a report based on each review under
                subsection (1) and, as soon as is practicable after the report is
                prepared (and in any event not more than 12 months after the
                relevant anniversary), cause it to be laid before each House of
                Parliament.




    page 34
                                                       Child Care Services Bill 2007
                                              Transitional provisions         Part 6

                                                                               s. 54



                      Part 6 -- Transitional provisions
     54.         Terms used in this Part
                 In this Part --
                 "commencement day" means the day on which section 65
 5                    comes into operation;
                 "Part 8 provisions" means the provisions of the Children and
                      Community Services Act 2004 Part 8 in force immediately
                      before the commencement day.

     55.         Interpretation Act 1984 not affected
10               This Part is additional to and does not affect the operation of the
                 Interpretation Act 1984 (in particular, section 36 of that Act) in
                 relation to the repeal and re-enactment of the Part 8 provisions
                 by this Act.

     56.         Continuation of certain regulations
15         (1)   In this section --
                 "child care regulations" means the following regulations as in
                     force immediately before the commencement day --
                      (a) the Children and Community Services (Child Care)
                           Regulations 2006;
20                    (b) the Children and Community Services (Family Day
                           Care) Regulations 2006;
                      (c) the Children and Community Services (Outside
                           School Hours Care) Regulations 2006;
                     (d) the Children and Community Services (Outside
25                         School Hours Family Day Care) Regulations 2006.
           (2)   The child care regulations have effect on and after the
                 commencement day, with all necessary changes, as if they were
                 regulations made under section 52 and may be amended or
                 repealed accordingly.



                                                                            page 35
     Child Care Services Bill 2007
     Part 6          Transitional provisions

     s. 57



     57.         Exemptions
                 An order under the Children and Community Services Act 2004
                 section 229(1) that is in force immediately before the
                 commencement day has effect on and after that day, with all
 5               necessary changes, as if it were an order made under
                 section 45(1) and may be amended or repealed accordingly.

     58.         Applications for licence or renewal of licence
                 An application for a licence or the renewal of a licence made
                 under the Part 8 provisions that has not been finally determined
10               immediately before the commencement day is to be dealt with
                 and determined as if it were an application for a licence or the
                 renewal of a licence under this Act.

     59.         Licences
           (1)   A licence under the Part 8 provisions that is in force
15               immediately before the commencement day is to be regarded on
                 and after that day as a licence under this Act and may be dealt
                 with accordingly.
           (2)   The reference in subsection (1) to a licence under the Part 8
                 provisions includes a reference to a licence or permit that has
20               effect as if it were a licence under the Part 8 provisions because
                 of the Children and Community Services Act 2004 Schedule 1
                 clause 18(1).

     60.         References to Part 8 provisions
                 If in a written law or other document or instrument there is a
25               reference to a Part 8 provision, the reference is, unless the
                 context otherwise requires, to be read on and after the
                 commencement day as a reference to the provision of this Act
                 that corresponds to the Part 8 provision.




     page 36
                                                       Child Care Services Bill 2007
                                              Transitional provisions         Part 6

                                                                                  s. 61



     61.         Transitional regulations
           (1)   If there is no sufficient provision in this Part for dealing with a
                 transitional matter, regulations under this Act may prescribe all
                 matters that are required or necessary or convenient to be
 5               prescribed for dealing with the matter.
           (2)   In subsection (1) --
                 "transitional matter" means a matter that needs to be dealt
                      with for the transition from the Part 8 provisions to the
                      provisions of this Act.
10         (3)   Regulations under subsection (1) may provide that specified
                 provisions of a written law do not apply, or apply with specified
                 modifications, to or in relation to any matter.
           (4)   If regulations under subsection (1) provide that a specified state
                 of affairs is to be taken to have existed, or not to have existed,
15               on and from a day that is earlier than the day on which the
                 regulations are published in the Gazette but not earlier than the
                 commencement day, the regulations have effect according to
                 their terms.
           (5)   In subsections (3) and (4) --
20               "specified" means specified or described in the regulations.
           (6)   If regulations contain a provision referred to in subsection (4),
                 the provision does not --
                   (a) affect, in a manner prejudicial to any person (other than
                         the State, an authority of the State or a local
25                       government), rights that the person had before the
                         regulations were published in the Gazette; or
                   (b) impose liabilities on any person (other than the State, an
                         authority of the State or a local government) in respect
                         of anything done or omitted to be done before the
30                       regulations were published in the Gazette.




                                                                             page 37
     Child Care Services Bill 2007
     Part 7          Other Acts amended
     Division 1      Children and Community Services Act 2004
     s. 62



                      Part 7 -- Other Acts amended
           Division 1 -- Children and Community Services Act 2004
     62.       The Act amended in this Division
               The amendments in this Division are to the Children and
 5             Community Services Act 2004*.
               [* Act No. 34 of 2004.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2006, Table 1.]

     63.       Long title amended
10             The long title is amended by deleting ", the employment of
               children, and child care services;" and inserting instead --
               "   and the employment of children;     ".

     64.       Section 6 amended
               Section 6 is amended as follows:
15               (a) after paragraph (e) by deleting "; and" and inserting a
                      full stop instead;
                (b) by deleting paragraph (f);
                 (c) after each of paragraphs (a) to (d) by inserting --
                      " and ".

20   65.       Part 8 repealed
               Part 8 is repealed.




     page 38
                                                           Child Care Services Bill 2007
                                                     Other Acts amended           Part 7
                                  Constitution Acts Amendment Act 1899       Division 2
                                                                                    s. 66



                 Division 2 -- Constitution Acts Amendment Act 1899
     66.             The Act amended in this Division
                     The amendment in this Division is to the Constitution Acts
                     Amendment Act 1899*.
 5                   [* Reprint 14 as at 21 April 2006.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2006, Table 1, and Acts
                        Nos. 28, 29 and 32 of 2005 and 64, 73 and 77 of 2006 .]

     67.             Schedule V amended
10                   Schedule V Part 3 is amended after the item relating to any
                     advisory body established or continued under the Children and
                     Community Services Act 2004 by inserting --
                     "
                           Any advisory body established under the Child Care
15                                  Services Act 2007.
                                                                                      ".

                               Division 3 -- Evidence Act 1906
     68.             The Act amended in this Division
                     The amendments in this Division are to the Evidence Act 1906*.
20                   [* Reprint 13 as at 1 July 2005.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2006, Table 1, and Act
                        No. 77 of 2006.]

     69.             Section 19L amended
25         (1)       Section 19L(3) is repealed and the following subsection is
                     inserted instead --
                 "
                     (3)   Subject to subsections (4) and (4a), sections 238 and
                           239 of the Children and Community Services Act 2004

                                                                                page 39
     Child Care Services Bill 2007
     Part 7          Other Acts amended
     Division 4      Working with Children (Criminal Record Checking) Act 2004
     s. 70



                            and section 46 of the Child Care Services Act 2007 do
                            not apply to the production or disclosure of a protected
                            communication in criminal proceedings.
                                                                                        ".
 5         (2)        After section 19L(4) the following subsection is inserted --
                 "
                     (4a)   If in criminal proceedings leave is given under the
                            protection provisions to require disclosure of a child
                            care record as defined in subsection (1) of section 46 of
10                          the Child Care Services Act 2007, subsections (5)
                            to (8) of that section apply as if the child care record
                            had been produced in response to a requirement
                            referred to in subsection (2) of that section.
                                                                                        ".

15           Division 4 -- Working with Children (Criminal Record
                            Checking) Act 2004
     70.              The Act amended in this Division
                      The amendments in this Division are to the Working with
                      Children (Criminal Record Checking) Act 2004*.
20                    [* Act No. 65 of 2004.
                         For subsequent amendments see Western Australian
                         Legislation Information Tables for 2006, Table 1.]

     71.              Section 4 amended
                      Section 4 is amended by deleting the definition of "child care
25                    service" and inserting instead --
                      "
                            "child care service" has the meaning given in the
                                Child Care Services Act 2007 section 3;
                                                                                        ".




     page 40
                                                   Child Care Services Bill 2007
                                             Other Acts amended           Part 7
       Working with Children (Criminal Record Checking) Act 2004     Division 4
                                                                            s. 72



     72.         Section 5 amended
           (1)   Section 5(1) is amended in the definition of "managerial
                 officer" by deleting "Children and Community Services
                 Act 2004 section 197." and inserting instead --
 5               "   Child Care Services Act 2007 section 3.   ".
           (2)   Section 5(2) is amended by deleting "Children and Community
                 Services Act 2004 Part 8" and inserting instead --
                 "   Child Care Services Act 2007    ".

     73.         Section 38 amended
10         (1)   Section 38(1) is amended in the definition of "Department" by
                 deleting "Children and Community Services Act 2004;" and
                 inserting instead --
                 "   Child Care Services Act 2007;   ".
           (2)   Section 38(3) is amended as follows:
15                 (a) in paragraph (a) by deleting "Children and Community
                        Services Act 2004 Part 8;" and inserting instead --
                        " Child Care Services Act 2007; ";
                  (b) in paragraph (b) by deleting "197" and inserting
                        instead --
20                      " 3 ".




                                                                            page 41
     Child Care Services Bill 2007
     Schedule 1      Purposes for which regulations may be made




     Schedule 1 -- Purposes for which regulations may be made
                                                                               [s. 52(2)]
     1.        Prescribing types of child care service and making different
               provisions for or in respect of each of those types.
 5   2.        Regulating applications for licences, objections to the grant of
               licences, the amendment of licences and the surrender of licences.
     3.        Conferring power on the CEO to conduct any check (including a
               criminal record check) that the CEO considers appropriate as to the
               character and background of a person for the purpose of determining
10             whether the person is a fit and proper person to provide or be involved
               in the provision of a child care service or to associate with children, as
               the case requires.
     4.        Prescribing matters to which the CEO must have regard in
               determining whether a particular person is a fit and proper person to
15             provide or be involved in the provision of a child care service or to
               associate with children, as the case requires.
     5.        Prescribing the documents (including criminal record checks) and
               information to be provided by an applicant or licensee in connection
               with an application or the provision of a child care service, as the case
20             requires.
     6.        Requiring a licensee to notify the CEO of changes in circumstances
               relating to or affecting the provision of a child care service including,
               without limitation, a change of supervising officer or managerial
               officer.
25   7.        Providing for and in relation to the appointment of supervising
               officers and persons to act in their place.
     8.        Providing for the powers and duties of licensing officers.
     9.        Regulating the staffing requirements for the provision of child care
               services.
30   10.       Conferring power on the CEO to obtain a criminal record check in
               relation to any member of the staff of a child care service.
     11.       Prescribing requirements as to the health and safety of children during
               the provision of child care services.



     page 42
                                                 Child Care Services Bill 2007
                   Purposes for which regulations may be made     Schedule 1




     12.   Requiring a licensee or a member of the staff of a child care service
           from time to time to undergo medical examinations or to provide any
           document (including a criminal record check) or information relevant
           to the health and safety of children during the provision of the child
 5         care service.
     13.   Regulating the building and other physical environment requirements
           for the provision of child care services.
     14.   Regulating programmes of activities and equipment to be provided in
           child care services.
10   15.   Regulating the administration of child care services, the records to be
           maintained and the returns to be made.
     16.   Providing for the continued operation of a child care service in an
           emergency situation or in circumstances where the licence relating to
           the service is suspended or cancelled.
15   17.   Conferring power on the CEO in special circumstances in particular
           cases to grant exemptions from provisions of the regulations for
           periods specified in the exemptions and to impose conditions subject
           to which an exemption applies.
     18.   Conferring power on, or requiring, the CEO to notify the parents of
20         children for whom a child care service is provided of any prescribed
           matter relating to or affecting the provision of the service.
     19.   Prescribing fees payable --
             (a)   in respect of applications for the grant or renewal of licences,
                   including fees by way of penalty for late lodgment of
25                 applications; and
             (b)   for the grant or renewal of licences.
     20.   Requiring any document or information provided by an applicant or a
           licensee to be verified by statutory declaration.
     21.   Establishing a mechanism for the review of the regulations.
30   22.   Providing for offences against the regulations and prescribing, in
           respect of any such offence, a penalty not exceeding a fine of $6 000.




                                                                           page 43
Child Care Services Bill 2007



Defined Terms



                                            Defined Terms
            [This is a list of terms defined and the provisions where they are defined.
                                   The list is not part of the law.]
      Defined Term                                                                                         Provision(s)
      advisory body.............................................................................................41(1)
      amend ........................................................................................................32(1)
      applicant .......................................................................................................... 3
      application ....................................................................................................... 3
      assessment notice ............................................................................................. 3
      carer................................................................................................................. 3
      CEO................................................................................................................. 3
      child................................................................................................................. 3
      child care record.........................................................................................46(1)
      child care regulations..................................................................................56(1)
      child care service.............................................................................................. 3
      commencement day........................................................................................ 54
      corporate applicant ........................................................................................... 3
      corresponding authority..............................................................................38(1)
      criminal record check ....................................................................................... 3
      Department ...................................................................................................... 3
      departmental officer ......................................................................................... 3
      equivalent authority.......................................................................................... 3
      family day care service ..................................................................................... 3
      individual applicant .......................................................................................... 3
      interested person.........................................................................................38(1)
      interim negative notice ..................................................................................... 3
      licence.............................................................................................................. 3
      licence document.............................................................................................. 3
      licensee ............................................................................................................ 3
      licensing decision .......................................................................................30(1)
      licensing officer................................................................................................ 3
      managerial officer ............................................................................................ 3
      negative notice ................................................................................................. 3
      nominated supervising officer........................................................................... 3
      parent............................................................................................................... 3
      Part 8 provisions............................................................................................. 54
      person aggrieved ........................................................................................30(1)
      place ................................................................................................................ 3
      prescribed offence ............................................................................................ 3
      public authority ................................................................................................ 3
      relative............................................................................................................. 3
      relevant information ...................................................................................38(1)
      specified................................................................................ 13(2), 45(2), 61(5)


page 44
                                                                    Child Care Services Bill 2007



                                                                                            Defined Terms



supervising officer............................................................................................ 3
suspension notice ............................................................................................. 3
transitional matter.......................................................................................61(2)
usual occupant.................................................................................................. 3
wellbeing ......................................................................................................... 3




 


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