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PARLIAMENT OF VICTORIA
Children's Services Amendment Bill 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2--Amendment of the Children's Services Act 1996 3
4 Section 1 substituted 3
5 Definitions 3
6 Non-application of this Act 11
7 New sections 7, 8 and 9 inserted 12
8 Parts 2 to 5 substituted 14
9 Substitution of heading to Part 6 126
10 New Division heading inserted in Part 6 126
11 Sections 50, 51 and 52 renumbered 126
12 Repeal of sections 52A to 53C 127
13 Section 54 renumbered 127
14 Repeal of sections 54A to 56 127
15 New sections inserted at the end of Part 6 127
16 Substitution of Parts 7 and 8 144
17 Insertion of Schedule 155
Part 3--Amendments of other Acts 161
18 Consequential amendment of the Education and Training
Reform Act 2006 161
19 Consequential amendment of the Children, Youth and Families
Act 2005 161
20 Consequential amendment of the Child Wellbeing and Safety
Act 2005 162
21 Consequential amendment of the Public Health and Wellbeing
Act 2008 164
22 Consequential amendment of the Tobacco Act 1987 164
Part 4--Repeal of this Act 165
23 Repeal of this Act 165
═════════════
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Clause Page
Endnotes 166
1 General information 166
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Children's Services Amendment
Bill 2019
A Bill for an Act to amend the Children's Services Act 1996 to
further provide for the regulation of children's services, consistently
with the Education and Care Services National Law (Victoria) where
appropriate, including establishing a scheme for the approval of
persons who provide the services and for the operation of the services
and to provide for the monitoring and enforcement of the scheme, to
make related minor and consequential amendments to other Acts and
for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Children's Services Act 1996
5 to further provide for the regulation of
children's services, in a manner that is
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Part 1--Preliminary
consistent, where appropriate, with the
regulation of education and care services
under the Education and Care Services
National Law (Victoria), by--
5 (i) establishing a scheme that provides
for--
(A) the approval of persons who
provide the services; and
(B) the operation of the services; and
10 (ii) providing for the monitoring and
enforcement of the scheme; and
(iii) providing for other related matters; and
(b) to make related minor and consequential
amendments to other Acts.
15 2 Commencement
(1) This Act comes into operation on a day or days to
be proclaimed.
(2) If a provision of this Act does not come into
operation before 18 May 2020, it comes into
20 operation on that day.
3 Principal Act
In this Act, the Children's Services Act 1996 is
called the Principal Act.
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Part 2--Amendment of the Children's Services Act 1996
Part 2--Amendment of the Children's
Services Act 1996
4 Section 1 substituted
For section 1 of the Principal Act substitute--
5 "1 Purpose
The main purpose of this Act is to regulate
children's services, in a manner that is
consistent, where appropriate, with the
regulation of education and care services
10 under the Education and Care Services
National Law (Victoria), by--
(a) establishing a scheme that provides
for--
(i) the approval of persons who
15 provide the services; and
(ii) the operation of the services; and
(b) providing for the monitoring and
enforcement of the scheme; and
(c) providing for other related matters.".
20 5 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions--
"approved children's service means a children's
service for which a service approval exists;
25 approved learning framework has the same
meaning as in the National Law;
children's service premises means each place at
which a children's service operates or is to
operate;
30 compliance direction means a compliance
direction under section 116;
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Part 2--Amendment of the Children's Services Act 1996
compliance notice means a compliance notice
under section 117;
custodian, in relation to a child, means a person
who has custody or control of the child who
5 is not--
(a) a parent of the child; or
(b) a person providing a service of
education and care to the child;
de facto relationship means--
10 (a) a registered domestic relationship; or
(b) a relationship between 2 people who
are not married to each other but who
are living together as a couple on a
genuine domestic basis (irrespective of
15 gender);
education law means the Education and
Training Reform Act 2006;
educator means an individual who provides
education and care for children as part of a
20 children's service;
eligible association means an association of a
prescribed class;
family member, in relation to a child, means--
(a) a parent, grandparent, brother, sister,
25 uncle, aunt, or cousin of the child,
whether of the whole blood or
halfblood and whether that relationship
arises by marriage (including a de facto
relationship) or by adoption or
30 otherwise; or
(b) a relative of the child according to
Aboriginal or Torres Strait Islander
tradition; or
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Part 2--Amendment of the Children's Services Act 1996
(c) a person with whom the child resides in
a family-like relationship; or
(d) a person who is recognised in the
child's community as having a familial
5 role in respect of the child;
identity card means--
(a) in relation to an authorised officer to
whom paragraph (a) of the definition of
authorised officer applies, the identity
10 card issued under section 137; or
(b) in relation to an authorised officer to
whom paragraph (b) of the definition of
authorised officer applies, the identity
card issued under the National Law;
15 municipal council has the same meaning as
Council has in the Local Government
Act 1989;
National Authority has the same meaning as in
the National Law;
20 National Law approved provider means the
holder of a provider approval under the
National Law that is not suspended;
parent, in relation to a child, includes--
(a) a guardian of the child; and
25 (b) a person who has parental
responsibility for the child under a
decision or order of a court;
participating jurisdiction has the same meaning
as in the National Law;
30 payment, in relation to a prescribed fee, includes
payment by electronic or other means;
person means--
(a) an individual; or
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Part 2--Amendment of the Children's Services Act 1996
(b) a body corporate; or
(c) an eligible association; or
(d) a partnership; or
(e) a prescribed entity;
5 person in day-to-day charge, in relation to a
children's service, means a person who is
placed in day-to-day charge of the service in
accordance with the regulations;
person with management or control, in relation
10 to a children's service, means--
(a) if the provider or intended provider of
the service is a body corporate, an
officer of the body corporate within the
meaning of the Corporations Act 2001
15 who is responsible for managing the
delivery of the children's service; or
(b) if the provider of the service is an
eligible association, each member of
the executive committee of the
20 association who has the responsibility,
alone or with others, for managing the
delivery of the children's service; or
(c) if the provider of the service is a
partnership, each partner who has the
25 responsibility, alone or with others, for
managing the delivery of the children's
service; or
(d) in any other case, a person who has the
responsibility, alone or with others, for
30 managing the delivery of the children's
service;
prescribed ineligible person means a person in a
class of persons prescribed by the regulations
to be prescribed ineligible persons;
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Part 2--Amendment of the Children's Services Act 1996
prohibition notice means a prohibition notice
given under section 123(1) or (3);
protected disclosure has the meaning set out in
section 183;
5 public authority means a body established for a
public purpose by or under an Act;
receiving approved provider has the meaning set
out in section 58;
residence means the habitable areas of a dwelling;
10 serious incident means an incident or class of
incidents prescribed by the regulations as a
serious incident;
staff member, in relation to a children's service,
means any individual (other than a
15 nominated supervisor or a volunteer)
employed, appointed or engaged to work in
or as part of a children's service, whether as
an educator or otherwise;
transferring approved provider has the meaning
20 set out in section 58;
working with children assessment notice has the
same meaning as assessment notice has in
the Working with Children Act 2005;
working with vulnerable people law has the same
25 meaning as in the National Law.".
(2) In section 3(1) of the Principal Act--
(a) for the definition of approved provider
substitute--
"approved provider means--
30 (a) a person who holds a provider
approval; and
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Part 2--Amendment of the Children's Services Act 1996
(b) a person who is taken to have
been granted a provider approval
under section 16;";
(b) for the definition of authorised officer
5 substitute--
"authorised officer means--
(a) a person authorised to be an
authorised officer under Part 5B;
or
10 (b) a person authorised to be an
authorised officer under the
National Law;";
(c) for the definition of children's service
substitute--
15 "children's service means a service
providing education and care for 4 or
more children under the age of 13 years
in the absence of the parents or
custodians of the children, where the
20 service--
(a) is provided--
(i) for fee or reward; or
(ii) while the parents or
custodians of the children
25 use sports, leisure or other
prescribed services or
facilities provided by the
provider of the service for
the children; and
30 (b) is not an education and care
service, within the meaning of the
National Law;";
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Part 2--Amendment of the Children's Services Act 1996
(d) for the definition of guardian substitute--
"guardian, in relation to a child or other
person, means the legal guardian of the
child or person;";
5 (e) for the definition of nominated supervisor
substitute--
"nominated supervisor, in relation to a
children's service, means an individual
who--
10 (a) is nominated by the approved
provider of the service under
Part 3 to be a nominated
supervisor of that service; and
(b) unless the individual is the
15 approved provider, has provided
written consent to that
nomination;";
(f) for the definition of provider approval
substitute--
20 "provider approval means--
(a) an approval granted under Part 2;
and
(b) if an approval granted under Part 2
has been amended under this Act,
25 the approval as amended--
but does not include such an approval
that has been cancelled;";
(g) for the definition of Regulatory Authority
substitute--
30 "Regulatory Authority means the
Secretary;";
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Part 2--Amendment of the Children's Services Act 1996
(h) for the definition of service approval
substitute--
"service approval means a service
approval--
5 (a) granted under Part 3; and
(b) if an approval granted under Part 3
has been amended under this Act,
the approval as amended--
but does not include such an approval
10 that has been cancelled;".
(3) In section 3(1) of the Principal Act--
(a) in the definition of Department, for
"Early Childhood Development" substitute
"Training";
15 (b) in the definition of school, for "means
Government" substitute "means a
Government";
(c) in the definition of Secretary, for "Early
Childhood Development" substitute
20 "Training";
(d) in the definition of this Act, for "the Act."
substitute "the Act;".
(4) In section 3(1) of the Principal Act, the definitions
of approval of premises, approved associated
25 children's service, approved education and care
service, associated children's service, fit and
proper person check, licensee, nominee, primary
nominee, proprietor, registered medical
practitioner and responsible person are repealed.
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Part 2--Amendment of the Children's Services Act 1996
(5) After section 3(1) of the Principal Act insert--
"(1A) For the purposes of the definition of de facto
relationship in subsection (1)--
(a) registered domestic relationship has
5 the same meaning as in the
Relationships Act 2008; or
(b) in determining whether persons who
are not in a registered domestic
relationship are in a de facto
10 relationship, all the circumstances of
their relationship are to be taken into
account, including any one or more of
the matters referred to in section 35(2)
of the Relationships Act 2008 as may
15 be relevant in a particular case.
(1B) In this Act, a reference to education and care
includes a reference to education or care.".
(6) Section 3(2) of the Principal Act is repealed.
(7) For section 3(3) and (4) of the Principal Act
20 substitute--
"(3) In this Act, a children's service is a children's
service even if the service also provides
education and care to children of or over the
age of 13 years.
25 (4) In this Act, a reference (either generally or
specifically) to a law or a provision of a law
(including this Act and the National Law)
includes a reference to any statutory
instrument made or in force under the law or
30 provision.".
6 Non-application of this Act
(1) In section 5(1B) of the Principal Act--
(a) paragraph (b) is repealed;
(b) paragraph (c) is repealed;
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Part 2--Amendment of the Children's Services Act 1996
(c) in paragraph (g), for "the child." substitute
"the child; or";
(d) after paragraph (g) insert--
"(h) to a service providing education and
5 care to children at a camp, including a
camp where the children stay
overnight; or
(i) to any other prescribed class of
service.".
10 (2) In section 5(3)(a) of the Principal Act, for
"parent or guardian of" substitute "parent or
custodian of".
(3) In section 5(4) of the Principal Act, for "parent or
guardian of" substitute "parent or custodian of".
15 7 New sections 7, 8 and 9 inserted
After section 6 of the Principal Act insert--
"7 Extraterritorial operation of Law
It is the intention of the Parliament that the
operation of this Act includes, as far as
20 possible, operation in relation to the
following--
(a) things situated in or outside the
territorial limits of this jurisdiction;
(b) acts, transactions and matters done,
25 entered into or occurring in or outside
the territorial limits of this jurisdiction;
(c) things, acts, transactions and matters
(wherever situated, done, entered into
or occurring) that would, apart from
30 this Act, be governed or otherwise
affected by the law of another
jurisdiction.
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Part 2--Amendment of the Children's Services Act 1996
8 Objectives and guiding principles
(1) The objectives of this Act are--
(a) to ensure the safety, health and
wellbeing of children attending
5 children's services; and
(b) to improve the educational and
developmental outcomes for children
attending children's services; and
(c) to promote continuous improvement in
10 the provision of quality children's
services.
(2) The guiding principles of this Act are as
follows--
(a) that the rights and best interests of the
15 child are paramount;
(b) that children are successful, competent
and capable learners;
(c) that the principles of equity, inclusion
and diversity underlie this Act;
20 (d) that Australia's Aboriginal and Torres
Strait Islander cultures are valued;
(e) that the role of parents and families is
respected and supported;
(f) that best practice is expected in the
25 provision of children's services.
9 How functions exercised
An entity that has functions under this Act is
to exercise its functions having regard to the
objectives and guiding principles of this Act
30 set out in section 8.".
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Children's Services Amendment Bill 2019
Part 2--Amendment of the Children's Services Act 1996
8 Parts 2 to 5 substituted
For Parts 2, 3, 3A, 4 and 5 the Principal Act
substitute--
"Part 2--Provider approval
5 Division 1--Application for provider
approval
10 Application for provider approval
(1) A person, other than a prescribed ineligible
person, may apply to the Regulatory
10 Authority for a provider approval.
(2) An application may be made by more than
one person.
(3) If an application is made by more than one
person--
15 (a) the prescribed information must be
provided in respect of each person; and
(b) the requirements of this Division must
be complied with by and in respect of
each person.
20 11 Form of application
An application under section 10 must--
(a) be made to the Regulatory Authority;
and
(b) be in writing; and
25 (c) include the prescribed information; and
(d) include payment of the prescribed fee.
12 Applicant must be fit and proper person
(1) An applicant who is an individual must
satisfy the Regulatory Authority that the
30 applicant is a fit and proper person to be
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Part 2--Amendment of the Children's Services Act 1996
involved in the provision of a children's
service.
(2) If the applicant is not an individual, the
applicant must satisfy the Regulatory
5 Authority that--
(a) each person who will be a person with
management or control of a children's
service to be operated by the applicant
is a fit and proper person to be involved
10 in the provision of a children's service;
and
(b) the applicant is a fit and proper person
to be involved in the provision of a
children's service.
15 13 Matters to be taken into account in
assessing whether fit and proper person
(1) In determining whether a person is a fit and
proper person under this Division, the
Regulatory Authority must have regard to--
20 (a) the person's history of compliance
with--
(i) this Act; and
(ii) any law referred to in section
13(1)(a) of the National Law; and
25 Note
If a person has been served with an
infringement notice for an offence under the
National Law, and the person has paid the
penalty, the Regulatory Authority cannot
30 consider that conduct when determining
whether the person is fit and proper. See
section 291(5) of the National Law.
(b) any decision under this Act or the
National Law to refuse, refuse to
35 renew, suspend or cancel an approval
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Part 2--Amendment of the Children's Services Act 1996
or other authorisation granted under
this Act or the National Law; and
(c) any decision referred to in section
13(1)(b) of the National Law; and
5 (d) either--
(i) any prescribed matters relating to
the criminal history of the person
to the extent that history may
affect the person's suitability for
10 the role of provider of a children's
service; or
(ii) any check of the person under a
working with vulnerable people
law of a participating jurisdiction;
15 and
(e) whether the person is bankrupt, or has
applied to take the benefit of any law
for the relief of bankrupt or insolvent
debtors or, in the case of a body
20 corporate, is insolvent under
administration or an externally
administered body corporate.
(2) Without limiting subsection (1), the
Regulatory Authority may have regard to--
25 (a) whether the person has a medical
condition that may cause the person to
be incapable of being responsible for
providing a children's service in
accordance with this Act; and
30 (b) whether the financial circumstances of
the person may significantly limit the
person's capacity to meet the person's
obligations in providing a children's
service in accordance with this Act; and
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Part 2--Amendment of the Children's Services Act 1996
(c) whether the person has the management
capability to operate a children's service
in accordance with this Act; and
(d) any of the following actions taken
5 under the A New Tax System (Family
Assistance) (Administration) Act 1999
of the Commonwealth in relation to a
child care service approved under that
Act, operated by the person or in
10 relation to which the person was a
person with management or control--
(i) a sanction imposed under
section 195H of that Act;
(ii) a suspension imposed under
15 section 197A of that Act;
(iii) an infringement notice issued
under Part 5 of the Regulatory
Powers (Standard Provisions)
Act 2014 of the Commonwealth in
20 respect of section 219WA of the
A New Tax System (Family
Assistance) (Administration)
Act 1999 of the Commonwealth.
(3) Nothing in subsection (1) or (2) limits the
25 circumstances in which a person may be
considered not to be a fit and proper person
to be involved in the provision of a children's
service.
14 Regulatory Authority may seek further
30 information
(1) For the purpose of carrying out an
assessment as to whether a person is a fit and
proper person, the Regulatory Authority
may--
35 (a) ask the person to provide further
information; and
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Part 2--Amendment of the Children's Services Act 1996
(b) undertake inquiries in relation to the
person.
(2) If the Regulatory Authority asks the
applicant for further information under this
5 section, the period from the making of the
request until the provision of the further
information is not included in the period
referred to in section 15 for the Regulatory
Authority to make a decision on the
10 application.
15 Grant or refusal of provider approval
(1) On an application under section 10, the
Regulatory Authority may--
(a) grant the provider approval; or
15 (b) refuse to grant the provider approval.
Note
A provider approval is granted subject to conditions in
accordance with section 19.
(2) The Regulatory Authority must not grant a
20 provider approval unless the Authority is
satisfied as to the matters in section 12.
(3) Subject to subsection (4), the Regulatory
Authority must make a decision on the
application within 60 days after the
25 Regulatory Authority receives the
application.
Note
If further information is requested under section 14,
the period between the making of the request and the
30 provision of the information is not included in the
60 day period.
(4) The period referred to in subsection (3) may
be extended by up to 30 days with the
agreement of the applicant.
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(5) The Regulatory Authority is taken to have
refused to grant a provider approval if the
Regulatory Authority has not made a
decision under subsection (1)--
5 (a) within the relevant period required
under subsection (3); or
(b) within the period extended under
subsection (4)--
as the case requires.
10 (6) The Regulatory Authority must give written
notice to the applicant of a decision under
this section and the reasons for that decision
within 7 days after the decision is made.
16 National Law approved providers,
15 granting of provider approvals
(1) On a National Law approved provider
making an application for a service approval
under Part 3, the National Law approved
provider is taken to be granted a provider
20 approval under this Part.
(2) A provider approval to which subsection (1)
applies is taken to be subject to any
conditions to which the provider approval
under the National Law of the approved
25 provider is subject, unless the condition is
inconsistent with this Act.
(3) A provider approval that is taken to be
granted under subsection (1) is taken to be
cancelled if either of the following occurs--
30 (a) the Regulatory Authority refuses the
application for the service approval
under section 47(1);
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(b) the service approval is not granted
within the period of 6 months after the
provider approval is taken to be granted
under subsection (1).
5 17 National Law approved providers,
transfers of provider approvals
(1) On a National Law approved provider giving
notification to the Regulatory Authority of a
proposal to transfer a service approval to the
10 National Law approved provider under
Division 3 of Part 3, the National Law
approved provider is taken to be granted a
provider approval under this Part.
(2) A provider approval to which subsection (1)
15 applies is taken to be subject to any
conditions to which the provider approval
under the National Law of the approved
provider is subject, unless the condition is
inconsistent with this Act.
20 (3) A provider approval that is taken to be
granted under subsection (1) is taken to be
cancelled if either of the following occurs--
(a) the Regulatory Authority refuses to
consent to the proposed transfer under
25 section 65(1);
(b) the Regulatory Authority does not
consent to the proposed transfer within
the period of 6 months after the
provider approval is taken to be granted
30 under subsection (1).
18 Duration and effect of provider approval
(1) A provider approval continues in force until
it is cancelled or surrendered under this Act.
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(2) A provider approval authorises the approved
provider to operate an approved children's
service if the approved provider is the holder
of the service approval for the service.
5 19 Conditions on provider approval
(1) A provider approval may be granted subject
to any conditions that are prescribed in the
regulations or that are determined by the
Regulatory Authority.
10 (2) Without limiting subsection (1), a provider
approval is subject to the condition that the
approved provider must comply with this
Act.
(3) A condition of a provider approval applies to
15 the provider as the operator of any children's
service, unless the condition expressly
provides otherwise.
(4) An approved provider must comply with the
conditions of the provider approval.
20 Penalty: 60 penalty units, in the case of an
individual.
300 penalty units, in any other
case.
20 Copy of provider approval
25 If the Regulatory Authority grants a provider
approval under this Part, the Regulatory
Authority must provide a copy of the
provider approval to the approved provider
stating--
30 (a) the name of the approved provider; and
(b) if the approved provider is not an
individual, the address of the principal
office of the provider; and
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Part 2--Amendment of the Children's Services Act 1996
(c) any conditions to which the approval is
subject; and
(d) the date that the provider approval was
granted; and
5 (e) the provider approval number; and
(f) any other prescribed matters.
Division 2--Reassessment
21 Reassessment of fitness and propriety
(1) The Regulatory Authority may at any time
10 assess--
(a) whether an approved provider
continues to be a fit and proper person
to be involved in the provision of a
children's service; or
15 (b) whether a person with management or
control of a children's service operated
by an approved provider continues to
be a fit and proper person to be
involved in the provision of a children's
20 service; or
(c) whether a person who becomes a
person with management or control of a
children's service operated by the
approved provider after the grant of the
25 provider approval is a fit and proper
person to be involved in the provision
of a children's service.
(2) Sections 13 and 14 apply to the
reassessment.
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Part 2--Amendment of the Children's Services Act 1996
Division 3--Amendment of provider
approvals
22 Amendment of provider approval on
application
5 (1) An approved provider may apply to the
Regulatory Authority for an amendment of
the provider approval.
(2) The application must--
(a) be in writing; and
10 (b) include the prescribed information; and
(c) include payment of the prescribed fee.
(3) The Regulatory Authority must decide the
application by--
(a) amending the provider approval in the
15 way applied for; or
(b) with the applicant's written agreement,
amending the provider approval in
another way; or
(c) refusing to amend the provider
20 approval.
(4) The Regulatory Authority must make a
decision on the application within 30 days
after the Regulatory Authority receives the
application.
25 (5) Without limiting subsection (3), an
amendment may vary a condition of the
provider approval or impose a new condition
on the provider approval.
23 Amendment of provider approval by
30 Regulatory Authority
(1) The Regulatory Authority may amend a
provider approval at any time without an
application from the approved provider.
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(2) Without limiting subsection (1), an
amendment may vary a condition of the
provider approval or impose a new condition
on the provider approval.
5 (3) The Regulatory Authority must give written
notice to the approved provider of the
amendment.
(4) An amendment under this section has
effect--
10 (a) 14 days after the Regulatory Authority
gives notice of the amendment under
subsection (3); or
(b) if another period is specified by the
Regulatory Authority, at the end of that
15 period.
24 Copy of amended provider approval to be
provided
If the Regulatory Authority amends a
provider approval under this Division, the
20 Regulatory Authority must--
(a) provide an amended copy of the
provider approval to the approved
provider; and
(b) make any necessary amendments to any
25 service approval held by the provider
and provide an amended copy of the
service approval to the approved
provider.
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Division 4--Suspension or cancellation
of provider approval
25 Grounds for suspension of provider
approval
5 The Regulatory Authority may suspend a
provider approval if--
(a) the approved provider has been charged
with an indictable offence, or with an
offence that if committed in Victoria
10 would be an indictable offence, or any
other circumstance indicates that the
approved provider may not be a fit and
proper person to be involved in the
provision of a children's service; or
15 (b) the approved provider has failed to
comply with a condition of the provider
approval; or
(c) the approved provider has failed to
comply with--
20 (i) this Act; or
(ii) the National Law as applying in
any participating jurisdiction; or
(d) action is being taken under Part 5 (other
than a compliance direction) in respect
25 of more than one children's service
operated by the approved provider; or
(e) the approved provider has not operated
any children's service for a period of
more than 12 months (including any
30 period of suspension); or
(f) the approved provider purported to
transfer or receive a transfer of an
approved children's service without the
consent of the Regulatory Authority; or
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(g) the approved provider has not paid any
outstanding prescribed fees.
26 Show cause notice before suspension
(1) This section applies if the Regulatory
5 Authority is considering the suspension of a
provider approval under section 25.
(2) The Regulatory Authority must first give the
approved provider a notice (show cause
notice) stating--
10 (a) that the Regulatory Authority intends to
suspend the provider approval; and
(b) the proposed period of suspension; and
(c) the reasons for the proposed
suspension; and
15 (d) that the approved provider may, within
30 days after the notice is given, give
the Regulatory Authority a written
response to the proposed suspension.
27 Decision to suspend after show cause
20 process
After considering any written response from
the approved provider received within the
time allowed by section 26(2)(d), the
Regulatory Authority may--
25 (a) if the suspension was proposed on a
ground referred to in section 25(a),
accept an undertaking from the
approved provider under section 119;
or
30 (b) in any case--
(i) suspend the provider approval for
a period not more than the
prescribed period; or
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(ii) decide not to suspend the provider
approval.
28 Suspension without show cause notice
(1) The Regulatory Authority may suspend the
5 provider approval on a ground referred to in
section 25 without giving the approved
provider a show cause notice under
section 26 if the Regulatory Authority is
satisfied that there is an immediate risk to the
10 safety, health or wellbeing of a child or
children being educated and cared for by a
children's service operated by the provider.
(2) The suspension may not be for a period of
more than 6 months.
15 29 Notice and taking effect of suspension
(1) The Regulatory Authority must give the
approved provider written notice of the
decision to suspend the provider approval.
(2) The notice of a decision to suspend must set
20 out the period of suspension and the date on
which it takes effect.
(3) The decision under section 27 to suspend
takes effect at the end of 14 days after the
date of the decision, or, if another period is
25 specified by the Regulatory Authority, at the
end of that period.
(4) The decision under section 28 to suspend
takes effect on the giving of the notice.
30 Effect of suspension
30 (1) Subject to this section, if a provider approval
is suspended under section 27 or 28, all
service approvals held by the provider are
also suspended for the same period.
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(2) A person whose provider approval is
suspended is taken not to be an approved
provider for the period of the suspension.
(3) A service approval is not suspended under
5 subsection (1) during any period that a
person is approved under section 41 to
manage or control the children's service.
(4) The Regulatory Authority may consent under
Part 3 to the transfer of a service approval
10 that is suspended under section 27 or 28.
(5) The suspension of the service approval
ceases on the transfer taking effect, unless
the conditions imposed by the Regulatory
Authority on the consent to the transfer
15 specify a later date.
31 Grounds for cancellation of provider
approval
The Regulatory Authority may cancel a
provider approval if--
20 (a) the Regulatory Authority is satisfied
that the approved provider or a person
with management or control of a
children's service operated by the
approved provider is not a fit and
25 proper person to be involved in the
provision of a children's service; or
(b) the Regulatory Authority is satisfied
that the continued provision of
children's services by the approved
30 provider would constitute an
unacceptable risk to the safety, health
or wellbeing of any child or class of
children being educated and cared for
by a children's service operated by the
35 approved provider; or
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(c) the approved provider has been found
guilty of an indictable offence or an
offence that if committed in Victoria
would be an indictable offence; or
5 (d) the approved provider has been found
guilty of an offence under--
(i) this Act; or
(ii) the National Law as applying in
any participating jurisdiction; or
10 (e) the approved provider has breached a
condition of the provider approval; or
(f) the approved provider has not operated
any children's service for a period of
more than 12 months (including any
15 period of suspension).
32 Show cause notice before cancellation
(1) This section applies if the Regulatory
Authority is considering the cancellation of a
provider approval under section 31.
20 (2) The Regulatory Authority must first give the
approved provider a notice (show cause
notice) stating--
(a) that the Regulatory Authority intends to
cancel the provider approval; and
25 (b) the reasons for the proposed
cancellation; and
(c) that the approved provider may, within
30 days after the notice is given, give
the Regulatory Authority a written
30 response to the proposed cancellation.
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33 Decision in relation to cancellation
(1) After considering any written response from
the approved provider received within the
time allowed under section 32(2)(c), the
5 Regulatory Authority--
(a) may--
(i) cancel the provider approval; or
(ii) suspend the provider approval for
a period not more than the
10 prescribed period; or
(iii) decide not to cancel the provider
approval; and
(b) must give the approved provider
written notice of the decision.
15 (2) The decision to cancel the provider approval
takes effect at the end of 14 days after the
date of the decision or, if another period is
specified by the Regulatory Authority, at the
end of that period.
20 (3) The notice of a decision to cancel the
provider approval must set out the date on
which it takes effect.
(4) This Act applies to a suspension of a
provider approval under this section as if it
25 were a suspension under section 27.
34 Effect of cancellation
(1) Subject to this section, if a provider approval
is cancelled under section 33, all service
approvals held by the person who was the
30 approved provider are also cancelled.
(2) A service approval is not cancelled under
subsection (1) if before that cancellation a
person is approved under section 41 to
manage or control the children's service.
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(3) A service approval is cancelled if a person
referred to in subsection (2) ceases to
manage or control the service.
(4) A provider whose provider approval is to be
5 cancelled under section 33 may apply to the
Regulatory Authority under Part 3 for
consent to transfer a service approval held by
the provider.
(5) The application for consent to transfer must
10 be made within 14 days after the date of the
decision to cancel the provider approval is
made.
(6) If an application for consent to transfer is
made, the service approval is suspended until
15 the Regulatory Authority determines the
application.
(7) The suspension of the service approval
ceases on the transfer taking effect, unless
the conditions of the transfer specify a later
20 date.
(8) If the Regulatory Authority refuses to
consent to the transfer, the service approval
is cancelled on the making of the decision to
refuse consent.
25 35 Approved provider to provide
information to Regulatory Authority
(1) This section applies if a show cause notice
has been given to an approved provider
under section 26 or 32.
30 (2) The approved provider, at the request of the
Regulatory Authority, must, within 7 days of
the request, provide the Regulatory
Authority with the contact details of the
parents of all children enrolled at each
35 children's service operated by the approved
provider.
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(3) The Regulatory Authority may use the
information provided under subsection (2)
solely to notify the parents of children
enrolled at a children's service about the
5 suspension or cancellation.
36 Notice to parents of suspension or
cancellation
(1) This section applies if a provider approval
has been suspended or cancelled under
10 section 27, 28, 33 or 34.
(2) The Regulatory Authority may require the
person who is or was the approved provider
to give written notice of the suspension or
cancellation and its effect to the parents of
15 children enrolled at all or any of the
children's services operated by that person.
(3) A person must comply with a requirement
made of that person under subsection (2).
Penalty: 20 penalty units, in the case of an
20 individual.
100 penalty units, in any other
case.
37 Voluntary suspension of provider
approval
25 (1) An approved provider may apply to the
Regulatory Authority for a suspension of the
provider approval for a period of not more
than 12 months.
(2) The application must--
30 (a) be in writing; and
(b) include the prescribed information; and
(c) include payment of the prescribed fee.
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(3) The approved provider must, at least 14 days
before making an application under this
section, notify the parents of children
enrolled at the children's services operated
5 by the approved provider of the intention to
make the application.
(4) The Regulatory Authority must within
30 days after the application is made decide
whether or not to grant the application.
10 (5) The Regulatory Authority must give written
notice of its decision (including the period of
suspension) to the approved provider.
(6) If the Regulatory Authority decides to grant
the application, the suspension takes effect
15 on a date agreed between the Regulatory
Authority and the approved provider.
(7) A suspension under this section remains in
force for the period of time specified in the
notice.
20 (8) The approved provider may apply to the
Regulatory Authority to revoke the
suspension before the end of the suspension
period.
(9) If the Regulatory Authority grants the
25 application to revoke the suspension, the
suspension ceases on the date determined by
agreement with the approved provider.
(10) If a provider approval is suspended under
this section, each service approval held by
30 the provider is also suspended for the same
period unless--
(a) a person is approved under section 41
to manage or control the children's
service to which the approval relates; or
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(b) the service approval is transferred
under Division 3 of Part 3.
38 Surrender of provider approval by
approved provider
5 (1) An approved provider may surrender the
provider approval by written notice to the
Regulatory Authority.
(2) The notice must specify a date on which the
surrender is intended to take effect which
10 must be--
(a) after the notice is given; and
(b) after the end of the period of notice
required under subsection (3).
(3) The approved provider must notify the
15 parents of children enrolled at the children's
service operated by the approved provider of
the intention to surrender the provider
approval, at least 14 days before the
surrender is intended to take effect.
20 (4) If a provider approval is surrendered, the
approval is cancelled on the date specified in
the notice.
(5) If a provider approval is surrendered, any
service approval held by the provider is also
25 taken to be surrendered.
Note
If a service approval is surrendered, it is cancelled--
see section 84. A cancelled service approval cannot be
transferred--see definition of service approval and
30 also Division 3 of Part 3.
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Division 5--Approval of executor,
representative or guardian as approved
provider
39 Death of approved provider
5 (1) This section applies if an approved provider
dies.
(2) A nominated supervisor or a person in
day-to-day charge of a children's service of
the approved provider must notify the
10 Regulatory Authority of the approved
provider's death within 7 days after that
death.
(3) The executor of the estate of the approved
provider may continue to operate any
15 approved children's service of the approved
provider for the relevant period provided that
at least one nominated supervisor continues
to manage the day-to-day operation of the
service.
20 (4) The executor of the estate of the approved
provider may transfer, surrender or apply for
suspension of a service approval of the
approved provider under this Act during the
relevant period as if the executor were the
25 approved provider.
(5) The executor of the estate of the approved
provider may apply to the Regulatory
Authority for a provider approval.
(6) The application must be made within 30 days
30 of the death of the approved provider and
must--
(a) be in writing; and
(b) include the prescribed information; and
(c) include payment of the prescribed fee.
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(7) In this section, relevant period means--
(a) the period of 30 days after the death of
the approved provider; or
(b) if the executor of the estate of the
5 approved provider makes an application
under subsection (5) within that period,
until the application is finally
determined under this Act.
40 Incapacity of approved provider
10 (1) This section applies if an approved provider
has become incapacitated.
(2) The legal personal representative or guardian
of an approved provider may apply to the
Regulatory Authority for a provider
15 approval.
(3) The application must--
(a) be in writing; and
(b) include the prescribed information; and
(c) include payment of the prescribed fee.
20 41 Decision on application
(1) The Regulatory Authority must not grant a
provider approval to a person who has made
an application under section 39 or 40 unless
the Regulatory Authority is satisfied that the
25 person is a fit and proper person to be
involved in the provision of a children's
service.
(2) Sections 12, 13 and 14 apply to the
assessment of a person under subsection (1).
30 (3) Subject to this section, the Regulatory
Authority may--
(a) grant the provider approval; or
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(b) grant the provider approval subject to
conditions; or
(c) refuse to grant the provider approval.
(4) An approval under this section--
5 (a) may be granted for a period of not more
than 6 months; and
(b) may be extended or further extended
for periods of not more than
6 months--
10 at the discretion of the Regulatory Authority.
(5) The provider approval is granted only in
relation to the operation of the approved
children's services of the approved provider
for whom the applicant is the executor, legal
15 personal representative or guardian, as the
case requires.
Part 3--Service approval
Division 1--Application for service
approval
20 42 Application for service approval
(1) An approved provider under this Act or a
National Law approved provider may apply
to the Regulatory Authority for a service
approval for a children's service.
25 (2) An approved provider under this Act or a
National Law approved provider may only
apply for a service approval for a children's
service if the approved provider is or will be
the operator of the children's service and is
30 or will be responsible for the management of
the staff members and nominated supervisors
of that service.
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(3) A person who has applied for a provider
approval under this Act may apply to the
Regulatory Authority for a service approval,
however the Regulatory Authority must not
5 grant the service approval unless the
provider approval is granted.
43 Form of application
An application for a service approval must--
(a) be made to the Regulatory Authority;
10 and
(b) be in writing; and
(c) include the prescribed information; and
(d) nominate one or more individuals to be
nominated supervisors of the children's
15 service; and
(e) include from each nominated individual
(other than the approved provider) the
written consent to the nomination; and
(f) include payment of the prescribed fee.
20 44 Regulatory Authority may seek further
information
(1) The Regulatory Authority may ask an
applicant for a service approval to provide
any further information that is reasonably
25 required for the purpose of assessing the
application.
(2) If the Regulatory Authority asks the
applicant for further information under this
section, the period from the making of the
30 request until the provision of the further
information is not included in the period
referred to in section 47 for the Regulatory
Authority to make a decision on the
application.
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45 Investigation of application for service
approval
(1) For the purposes of determining an
application for a service approval, the
5 Regulatory Authority may--
(a) undertake inquiries and investigations,
including inquiries relating to any
previous licensing, accreditation or
registration of the children's service
10 under this Act or the National Law; and
(b) inspect the children's service premises;
and
(c) inspect the policies and procedures of
the service.
15 (2) For the purposes of an inspection under
subsection (1)(b) or (c), the Regulatory
Authority may enter the children's service
premises at any reasonable time.
46 Determination of application
20 (1) In determining an application under
section 42, the Regulatory Authority must
have regard to--
(a) the suitability of the children's service
premises and the site and location of
25 those premises for the operation of a
children's service; and
(b) the adequacy of the policies and
procedures of the service; and
(c) whether the applicant has a provider
30 approval; and
(d) except in the case of a nominated
supervisor who is the approved
provider, whether each nominated
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supervisor has consented in writing to
the nomination; and
(e) any other matter the Regulatory
Authority thinks fit; and
5 (f) any other prescribed matter.
(2) In addition, the Regulatory Authority may
have regard to either of the following--
(a) whether the applicant is capable of
operating the children's service having
10 regard to the financial capacity and
management capability of the applicant
and any other matter the Regulatory
Authority considers relevant;
(b) the applicant's history of compliance
15 with--
(i) this Act, including in relation to
any other children's service the
applicant operates or has operated;
or
20 (ii) the National Law as applying in
any participating jurisdiction,
including in relation to any
education and care service the
applicant operates or has operated.
25 47 Grant or refusal of service approval
(1) On an application under section 42, the
Regulatory Authority may--
(a) grant the service approval for the
children's service; or
30 (b) refuse to grant the service approval.
Note
A service approval is granted subject to conditions in
accordance with section 50.
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(2) Subject to subsection (3), the Regulatory
Authority must make a decision on the
application within 90 days after the
Regulatory Authority received the
5 application.
Note
If further information is requested under
section 44(2), the period between the making of the
request and the provision of the information is not
10 included in the 90 day period.
(3) The period referred to in subsection (2) may
be extended with the agreement of the
applicant.
(4) The Regulatory Authority is taken to have
15 refused to grant a service approval if the
Regulatory Authority has not made a
decision under subsection (1)--
(a) within the relevant time required under
subsection (2); or
20 (b) within the period extended under
subsection (3)--
as the case requires.
48 Grounds for refusal
(1) The Regulatory Authority must refuse to
25 grant a service approval if--
(a) the Regulatory Authority is satisfied
that the service, if permitted to operate,
would constitute an unacceptable risk
to the safety, health or wellbeing of
30 children who would be educated or
cared for by the children's service; or
(b) the applicant does not have a provider
approval.
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(2) The Regulatory Authority may refuse to
grant a service approval on any other
prescribed grounds.
49 Notice of decision on application
5 The Regulatory Authority must give written
notice to the applicant of a decision under
section 47 and the reasons for the decision
within 7 days after the decision is made.
50 Conditions on service approval
10 (1) A service approval is granted subject to the
condition that the children's service is
operated in a way that--
(a) ensures the safety, health and wellbeing
of the children being educated and
15 cared for by the service; and
(b) meets the educational and
developmental needs of the children
being educated and cared for by the
service.
20 (2) A service approval is granted subject to a
condition that the service must commence
ongoing operation of the service within 6
months after the approval is granted unless
the Regulatory Authority agrees to an
25 extension of time.
(3) A service approval is granted subject to a
condition that the approved provider must
hold the prescribed insurance in respect of
the children's service.
30 (4) A service approval is granted subject to a
condition that the approved provider must
ensure that the number of children educated
and cared for by the service at any one time
does not exceed the maximum number of
35 children specified in the service approval.
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(5) An approved provider is not required to
comply with subsection (4) if--
(a) the maximum number of children is
exceeded because a child is, or 2 or
5 more children from the same family
are, being educated and cared for by the
children's service in an emergency; and
(b) the approved provider is satisfied on
reasonable grounds that this will not
10 affect the health, safety and wellbeing
of any other child who is attending the
children's service.
Example
An emergency under this subsection would include
15 circumstances where a child is in need of protection
under a child protection order or where the parent of a
child needs urgent health care that prevents that parent
caring for the child.
(6) A service approval is granted subject to any
20 other conditions prescribed in the regulations
or imposed by--
(a) this Act; or
(b) the Regulatory Authority.
(7) An approved provider must comply with the
25 conditions of a service approval held by the
approved provider.
Penalty: 60 penalty units, in the case of an
individual.
300 penalty units, in any other
30 case.
51 Copy of service approval to be provided
(1) If the Regulatory Authority grants a service
approval under this Part, the Regulatory
Authority must provide a copy of the service
35 approval to the approved provider stating--
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(a) the name of the children's service; and
(b) the location of the children's service;
and
(c) any conditions to which the service
5 approval is subject; and
(d) the date the service approval was
granted; and
(e) the service approval number; and
(f) the name of the approved provider; and
10 (g) the maximum number of children who
can be educated and cared for by the
service at any one time; and
(h) the details of any service waiver under
Division 5 or temporary waiver under
15 Division 6 applying to the service; and
(i) any other prescribed matters.
(2) If a provider approval is taken to be granted
under section 16(1), at the same time as the
Regulatory Authority provides a copy of the
20 service approval under subsection (1), the
Regulatory Authority must provide a copy of
the provider approval to the approved
provider stating--
(a) the matters set out in section 20(a), (b),
25 (c), (e) and (f); and
(b) the date that the provider approval is
taken to be granted.
52 Annual fee
An approved provider must, in accordance
30 with the regulations, pay the prescribed
annual fee in respect of each service
approval held by the approved provider.
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Division 2--Amendment of service
approval
53 Amendment of service approval on
application
5 (1) An approved provider may apply to the
Regulatory Authority for an amendment of a
service approval.
(2) An application must--
(a) be in writing; and
10 (b) include the prescribed information; and
(c) include payment of the prescribed fee.
(3) The Regulatory Authority may ask the
approved provider to provide any further
information that is reasonably required for
15 the purpose of assessing the application.
(4) If the Regulatory Authority asks the
applicant for further information under this
section, the period from the making of the
request until the provision of the further
20 information is not included in the period
referred to in subsection (5).
(5) The Regulatory Authority must make a
decision on the application within 60 days
after the Regulatory Authority receives the
25 application.
(6) The Regulatory Authority must decide the
application by--
(a) amending the service approval in the
way applied for; or
30 (b) with the applicant's written agreement,
amending the service approval in
another way; or
(c) refusing to amend the service approval.
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(7) Without limiting subsection (6), an
amendment may vary a condition of the
service approval or impose a new condition
on the service approval.
5 (8) An amendment cannot change a location of a
children's service.
(9) The Regulatory Authority must give written
notice of its decision to the approved
provider.
10 54 Amendment of service approval by
Regulatory Authority
(1) The Regulatory Authority may amend a
service approval at any time without an
application from the approved provider.
15 (2) Without limiting subsection (1), an
amendment may vary a condition of the
service approval or impose a new condition
on the service approval.
(3) The Regulatory Authority must give written
20 notice of the amendment to the approved
provider.
(4) An amendment under this section has
effect--
(a) 14 days after the Regulatory Authority
25 gives notice of the amendment under
subsection (3); or
(b) if another period is specified by the
Regulatory Authority, at the end of that
period.
30 55 Notice of addition of nominated
supervisor
(1) The approved provider of a children's service
must give written notice to the Regulatory
Authority in accordance with this section if
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the approved provider wishes to add a new
nominated supervisor of the children's
service.
(2) The notice must--
5 (a) nominate one or more individuals to be
nominated supervisors of the service
and, unless the individual nominated is
the approved provider, include from
each nominated individual the written
10 consent to the nomination; and
(b) include the prescribed information; and
(c) be given--
(i) at least 7 days before the
individual is to commence work
15 as a nominated supervisor; or
(ii) if that period of notice is not
possible in the circumstances, as
soon as practicable but not more
than 14 days after the individual
20 commences work as a nominated
supervisor.
Note
Section 113(2)(c) requires an approved provider to
notify the Regulatory Authority of the removal of a
25 nominated supervisor.
56 Notice of change of a nominated
supervisor's name or contact details
The approved provider of a children's service
must give written notice to the Regulatory
30 Authority of any change to the name or
contact details of any nominated supervisor
of the children's service.
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57 Copy of amended service approval to be
provided
If the Regulatory Authority amends a service
approval under this Division, the Authority
5 must provide an amended copy of the service
approval to the approved provider.
Division 3--Transfer of service approval
58 Service approval may be transferred
(1) Subject to this Division, an approved
10 provider who holds a service approval
(transferring approved provider) may
transfer the service approval to another
approved provider under this Act or a
National Law approved provider (receiving
15 approved provider).
(2) A person who holds a provider approval
under this Act may transfer a service
approval held by the provider even if the
provider approval or service approval is
20 suspended.
59 Regulatory Authority to be notified of
transfer
(1) The transferring approved provider and the
receiving approved provider must jointly
25 notify the Regulatory Authority of the
transfer--
(a) at least 42 days before the transfer is
intended to take effect; or
(b) if the Regulatory Authority considers
30 that the circumstances are exceptional,
a lesser period agreed to by the
Regulatory Authority.
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(2) The notice must--
(a) be in writing; and
(b) include the prescribed information; and
(c) include payment of the prescribed fee.
5 60 Consent of Regulatory Authority required
for transfer
A service approval cannot be transferred
without the consent of the Regulatory
Authority.
10 61 Consent taken to be given unless
Regulatory Authority intervenes
The Regulatory Authority is taken to have
consented to the transfer of a service
approval if--
15 (a) the parties have given a notification
under section 59; and
(b) 28 days before the transfer is intended
to take effect, the Regulatory Authority
has not notified the parties that it
20 intends to intervene under section 62.
62 Transfer may be subject to intervention
by Regulatory Authority
(1) The Regulatory Authority may intervene in a
transfer of a service approval if the
25 Regulatory Authority is concerned as to any
of the following matters--
(a) whether the receiving approved
provider is capable of operating the
children's service having regard to its
30 financial capacity and management
capability and any other matter the
Regulatory Authority considers
relevant;
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(b) the receiving approved provider's
history of compliance with--
(i) this Act, including in relation to
any other children's service the
5 provider operates or has operated;
or
(ii) the National Law as applying in a
participating jurisdiction,
including in relation to any
10 education and care service the
receiving approved provider
operates or has operated;
(c) any other matter relevant to the transfer
of the service approval.
15 (2) The Regulatory Authority must notify the
transferring approved provider and the
receiving approved provider of the decision
to intervene.
(3) Subject to subsection (5), the notice must be
20 given at least 28 days before the date on
which the transfer is intended to take effect.
(4) A notification under subsection (2) must--
(a) be in writing; and
(b) include the prescribed information.
25 (5) The period within which notice must be
given under subsection (3) does not apply
where the Regulatory Authority has not been
notified of the intended transfer of a service
approval in accordance with section 59.
30 63 Effect of intervention
If the Regulatory Authority intervenes under
section 62, the transfer must not proceed
unless and until the Regulatory Authority
gives written consent to the transfer.
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64 Regulatory Authority may request further
information
If the Regulatory Authority has intervened
under section 62, the Regulatory Authority
5 may--
(a) request further information from the
transferring approved provider or
receiving approved provider for the
purposes of deciding whether to
10 consent to the transfer; and
(b) undertake inquiries in relation to the
receiving approved provider for that
purpose.
65 Decision after intervention
15 (1) If the Regulatory Authority has intervened
under section 62, it may decide--
(a) to consent to the proposed transfer; or
(b) to refuse to consent to the proposed
transfer.
20 (2) If the Regulatory Authority consents to the
proposed transfer the Regulatory Authority
may impose conditions on the consent,
including specifying the date on which the
proposed transfer is to take effect.
25 (3) The service approval must be transferred in
accordance with the conditions imposed on
the consent.
66 Regulatory Authority to notify outcome
7 days before transfer
30 (1) If the Regulatory Authority has intervened in
the transfer of a service approval, the
Authority must, at least 7 days before the
date on which the transfer is intended to take
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effect, give a notice to each party specifying
that the Authority--
(a) consents to the transfer; or
(b) refuses to consent to the transfer; or
5 (c) has suspended further consideration of
the transfer until further information is
received and that the transfer may not
proceed until a further notice is given
under this section consenting to the
10 transfer; or
(d) has not yet made a decision on the
transfer and that the Regulatory
Authority will make a decision on the
transfer within 28 days and that the
15 transfer may not proceed until a further
notice is given under this section
consenting to the transfer.
(2) If the Regulatory Authority consents to the
transfer, the notice--
20 (a) must specify--
(i) the date on which the transfer is to
take effect; and
(ii) any conditions on the consent to
the transfer; and
25 (b) may include notice of any condition
that the Regulatory Authority has
imposed on the provider approval or a
service approval of the receiving
approved provider because of the
30 transfer.
(3) If the Regulatory Authority refuses to
consent to the transfer, the notice must
include the reasons for the refusal.
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67 Transfer of service approval without
consent is void
A transfer of a service approval is void if--
(a) it is made without the consent of the
5 Regulatory Authority; or
(b) it is made in contravention of the
conditions imposed by the Regulatory
Authority on the consent to the transfer;
or
10 (c) it is made to a person who is not the
approved provider who gave the
notification under section 59 as the
receiving approved provider.
68 Confirmation of transfer
15 (1) The transferring approved provider and the
receiving approved provider must give
written notice to the Regulatory Authority
within 2 days after the transfer takes effect
specifying the date of the transfer.
20 Penalty: 20 penalty units, in the case of an
individual.
100 penalty units, in any other
case.
(2) On receipt of a notice under this section, the
25 Regulatory Authority must amend the
service approval and provide an amended
copy of the service approval to the receiving
approved provider.
(3) If a provider approval is taken to be granted
30 under section 17(1), at the same time as the
Regulatory Authority provides an amended
copy of the service approval under
subsection (2), the Regulatory Authority
must provide a copy of the provider approval
35 to the approved provider stating--
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(a) the matters set out in section 20(a), (b),
(c), (e) and (f); and
(b) the date that the provider approval is
taken to be granted.
5 (4) The amendment to the service approval is
taken to take effect on the date of the
transfer.
(5) An approved provider who gives notice
under this section is not guilty of an offence
10 for a failure of any other person to give that
notice.
69 Notice to parents
(1) The receiving approved provider must give
written notice to the parents of children
15 enrolled at a children's service of the transfer
of the service approval for that service to that
provider.
Penalty: 20 penalty units, in the case of an
individual.
20 100 penalty units, in any other
case.
(2) The notice must be given at least 2 days
before the date on which the transfer of the
service approval takes effect.
25 Division 4--Suspension or cancellation
of service approval
70 Grounds for suspension of service
approval
A Regulatory Authority may suspend a
30 service approval if--
(a) the Regulatory Authority reasonably
believes that it would not be in the best
interests of children being educated and
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cared for by the service for the service
to continue; or
(b) a condition of the service approval has
not been complied with; or
5 (c) the service is not being managed in
accordance with this Act; or
(d) the approved provider has
contravened--
(i) this Act; or
10 (ii) the National Law as applying in a
participating jurisdiction; or
(e) the approved provider has failed to
comply with a direction, compliance
notice or emergency order under this
15 Act; or
(f) the approved provider has--
(i) ceased to operate the children's
service at the children's service
premises for which the service
20 approval was granted; and
(ii) within 6 months of ceasing to
operate the service, has not
transferred the service to another
approved provider; or
25 (g) the approved provider has not, within
6 months after being granted a service
approval, commenced ongoing
operation of the service; or
(h) the approved provider has not paid the
30 prescribed annual fee for the service
approval.
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71 Show cause notice before suspension
(1) This section applies if the Regulatory
Authority is considering the suspension of a
service approval under section 70.
5 (2) The Regulatory Authority must first give the
approved provider a notice (show cause
notice) stating--
(a) that the Regulatory Authority intends to
suspend the service approval; and
10 (b) the proposed period of suspension; and
(c) the reasons for the proposed
suspension; and
(d) that the approved provider may, within
30 days after the notice is given, give
15 the Regulatory Authority a written
response to the proposed suspension.
72 Decision in relation to suspension
After considering any written response from
the approved provider received within the
20 time allowed by section 71(2)(d), the
Regulatory Authority may--
(a) if the suspension was proposed on the
ground referred to in section 70(a) or
(c), accept an undertaking from the
25 approved provider under section 119;
or
(b) in any case--
(i) suspend the service approval for a
period not more than the
30 prescribed period; or
(ii) decide not to suspend the service
approval.
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73 Suspension of service approval without
show cause
The Regulatory Authority may suspend the
service approval without giving the approved
5 provider a show cause notice under
section 71 if the Regulatory Authority is
satisfied that there is an immediate risk to the
safety, health or wellbeing of a child or
children being educated and cared for by the
10 children's service.
74 Notice and effect of decision
(1) The Regulatory Authority must give the
approved provider written notice of the
decision to suspend.
15 (2) Subject to section 75, the decision under
section 72 to suspend takes effect at the end
of 14 days after the date of the decision, or,
if another period is specified by the
Regulatory Authority, at the end of that
20 period.
(3) Subject to section 75, the decision under
section 73 to suspend takes effect on the
giving of the notice.
(4) The notice of a decision to suspend must set
25 out--
(a) the period of suspension; and
(b) the date on which it takes effect.
75 Transfer of suspended service
(1) The Regulatory Authority may consent under
30 this Part to the transfer of a service approval
that is suspended under section 72 or 73.
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(2) The suspension of the service approval
ceases on the transfer taking effect, unless
the conditions of the Regulatory Authority's
consent to the transfer otherwise provide.
5 76 Grounds for cancellation of service
approval
The Regulatory Authority may cancel a
service approval if--
(a) the Regulatory Authority reasonably
10 believes that the continued operation of
the children's service would constitute
an unacceptable risk to the safety,
health or wellbeing of any child or class
of children being educated and cared
15 for by the children's service; or
(b) the service has been suspended under
section 72 or 73 and the reason for the
suspension has not been rectified at or
before the end of the period of
20 suspension; or
(c) the service approval was obtained
improperly; or
(d) a condition of the service approval has
not been complied with.
25 77 Show cause notice before cancellation
(1) This section applies if the Regulatory
Authority is considering the cancellation of a
service approval under section 76.
(2) The Regulatory Authority must first give the
30 approved provider a notice (show cause
notice) stating--
(a) that the Regulatory Authority intends to
cancel the service approval; and
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(b) the reasons for the proposed
cancellation; and
(c) that the approved provider may, within
30 days after the notice is given, give
5 the Regulatory Authority a written
response to the proposed cancellation.
78 Decision in relation to cancellation
(1) After considering any written response from
the approved provider received within the
10 time allowed by section 77(2)(c), the
Regulatory Authority--
(a) may--
(i) cancel the service approval; or
(ii) suspend the service approval for a
15 period not more than the
prescribed period; or
(iii) decide not to cancel the service
approval; and
(b) must give the approved provider
20 written notice of the decision.
(2) Subject to section 79, the decision to cancel
the service approval takes effect--
(a) at the end of 14 days after the date of
the decision; or
25 (b) if another period is specified by the
Regulatory Authority, at the end of that
period.
(3) The notice of a decision to cancel must set
out the date on which it takes effect.
30 (4) This Act applies to a suspension of a service
approval under this section as if it were a
suspension under section 72.
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79 Application for transfer of cancelled
service
(1) An approved provider may apply to the
Regulatory Authority under this Part for
5 consent to transfer a service approval that is
to be cancelled under this Part.
(2) The application for consent to transfer must
be made within 14 days after the decision to
cancel the service approval is made.
10 (3) If an application for consent to transfer is
made, the cancellation of the service
approval does not take effect, and the service
approval is suspended, until the Regulatory
Authority determines the application.
15 80 Decision on application to transfer
cancelled service
(1) If the Regulatory Authority consents to the
transfer--
(a) the decision to cancel the service
20 approval is revoked; and
(b) the suspension of the service approval
ceases on the transfer taking effect,
unless the conditions imposed by the
Regulatory Authority on the consent to
25 the transfer specify a later date for the
suspension to cease.
(2) If the Regulatory Authority refuses to
consent to the transfer, the service approval
is cancelled on the making of the decision to
30 refuse to consent.
81 Approved provider to provide
information to Regulatory Authority
(1) This section applies if a show cause notice
has been given to an approved provider
35 under section 71 or 77.
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(2) The approved provider, at the request of the
Regulatory Authority, must provide the
Authority with the contact details of the
parents of all children enrolled at the
5 children's service.
(3) The Regulatory Authority may use the
information provided under subsection (2)
solely to notify the parents of children
enrolled at an approved children's service of
10 a suspension or cancellation of the service
approval for the service.
82 Notice to parents of suspension or
cancellation
(1) This section applies if a service approval has
15 been suspended or cancelled under
section 72, 73, 78 or 80.
(2) The Regulatory Authority may require the
approved provider to give written notice of
the suspension or cancellation and its effect
20 to the parents of children enrolled at the
children's service to which the approval
relates.
(3) The approved provider must comply with a
requirement made under subsection (2).
25 Penalty: 20 penalty units, in the case of an
individual.
100 penalty units, in any other
case.
83 Voluntary suspension of service approval
30 (1) An approved provider may apply to the
Regulatory Authority for the suspension of a
service approval for a period of not more
than 12 months.
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(2) The application must--
(a) be in writing; and
(b) include the prescribed information; and
(c) include payment of the prescribed fee.
5 (3) The Regulatory Authority may agree to the
suspension, having regard to whether the
suspension is reasonable in the
circumstances.
(4) The approved provider must, at least 14 days
10 before making an application under this
section, notify the parents of children
enrolled at the children's service of the
intention to make the application.
(5) The Regulatory Authority must, within
15 30 days after the application is made, decide
whether or not to grant the application.
(6) If the Regulatory Authority decides to grant
the application, the suspension takes effect
on a date agreed between the Regulatory
20 Authority and the approved provider.
84 Surrender of service approval
(1) An approved provider may surrender a
service approval by written notice to the
Regulatory Authority.
25 (2) The notice must specify a date on which the
surrender is intended to take effect which
must be--
(a) after the notice is given; and
(b) after the end of the period of notice
30 required under subsection (3).
(3) The approved provider must notify the
parents of children enrolled at the children's
service to which the approval relates of the
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intention to surrender the service approval, at
least 14 days before the surrender is intended
to take effect.
(4) If a service approval is surrendered, the
5 approval is cancelled on the date specified in
the notice.
Division 5--Application for service
waiver
85 Application for service waiver for service
10 (1) An approved provider may apply to the
Regulatory Authority for a waiver from a
requirement that an approved children's
service comply with any prescribed
requirements of the regulations.
15 (2) A person who applies for a service approval
may apply for a service waiver under this
section together with the application for the
service approval.
(3) The Regulatory Authority must not grant a
20 service waiver to a person who applies under
subsection (2) unless the service approval is
granted to that person.
86 Form of application
An application under section 85 must--
25 (a) be in writing; and
(b) include the prescribed information; and
(c) include payment of the prescribed fee.
87 Powers of Regulatory Authority in
considering application
30 (1) For the purpose of determining an
application under this Division, the
Regulatory Authority may--
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(a) ask the applicant to provide further
information; and
(b) inspect the children's service premises
and the office of the applicant.
5 (2) If the Regulatory Authority asks the
applicant for further information under this
section, the period from the making of that
request until the provision of further
information is not included in the period
10 referred to in section 89(2) for the
Regulatory Authority to make a decision on
the application.
88 Matters to be considered
In considering whether the grant of a service
15 waiver is appropriate, the Regulatory
Authority may have regard to either or both
of the following--
(a) whether the children's service is able to
meet the prescribed requirements of the
20 regulations by alternative means that
satisfy the objectives of those
regulations;
(b) any matters disclosed in the application
that are relevant to the application for
25 the service waiver.
89 Decision on application
(1) On an application under this Division, the
Regulatory Authority may decide to grant
the service waiver or refuse the application.
30 (2) Subject to subsection (3), the Regulatory
Authority must notify the applicant within
60 days after the application is made of the
Authority's decision on the application.
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(3) If an application for a service waiver has
been made together with an application for
service approval, the Regulatory Authority
may notify the applicant of the Authority's
5 decision on the application at the same time
as the notice of the decision on the
application for the service approval.
(4) If a service waiver is granted, the Regulatory
Authority may place any conditions on the
10 service waiver, including any condition
limiting the use of the service waiver.
(5) The Regulatory Authority may, at any time
remove, add to or vary any conditions placed
on a service waiver under subsection (4).
15 (6) If a service waiver is granted or its
conditions are amended under subsection (5),
the Regulatory Authority must issue or
reissue the service approval specifying--
(a) the regulations that have been waived;
20 and
(b) any conditions placed on the waiver.
90 Revocation of service waiver
(1) The Regulatory Authority may, at its
discretion, revoke a service waiver.
25 (2) An approved provider may apply to the
Regulatory Authority for the revocation of a
service waiver applying to any children's
service that it operates.
(3) A revocation under this section takes effect
30 at the end of the period prescribed in the
regulations.
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91 Effect of service waiver
While a service waiver is in force, the
approved children's service is taken to
comply with the regulations that are
5 specified in the service waiver.
Division 6--Temporary waiver
92 Application for temporary waiver
An approved provider may apply to the
Regulatory Authority for a temporary waiver
10 from a requirement that an approved
children's service comply with any
prescribed requirements of the regulations.
93 Form of application
An application under section 92 must--
15 (a) be in writing; and
(b) include the prescribed information; and
(c) include payment of the prescribed fee.
94 Regulatory Authority may seek further
information
20 (1) For the purpose of determining an
application under this Division, the
Regulatory Authority may--
(a) ask the applicant to provide further
information; and
25 (b) inspect the children's service premises
and the office of the applicant.
(2) If the Regulatory Authority asks the
applicant for further information under this
section, the period from the making of that
30 request until the provision of further
information is not included in the period
referred to in section 96(1) for the
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Regulatory Authority to make a decision on
the application.
95 Special circumstances
In considering whether the grant of a
5 temporary waiver is appropriate, the
Regulatory Authority must have regard to
whether special circumstances disclosed in
the application reasonably justify the grant of
the temporary waiver.
10 96 Decision on application
(1) The Regulatory Authority must notify the
applicant within 60 days after the application
is made of the Authority's decision on the
application.
15 (2) A temporary waiver must specify the period
of the waiver which cannot be for a period of
more than 12 months.
(3) The Regulatory Authority, on the application
of the approved provider, may--
20 (a) extend and further extend the period of
a temporary waiver by periods of not
more than 12 months; and
(b) grant a further temporary waiver for a
children's service under this Division.
25 (4) An application under subsection (3) must
include payment of the prescribed fee.
(5) If a temporary waiver is granted, the
Regulatory Authority may place any
conditions on the temporary waiver,
30 including any condition limiting the use of
the temporary waiver.
(6) The Regulatory Authority may at any time
remove, add to or vary any conditions placed
on a temporary waiver under subsection (5).
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(7) If a temporary waiver is granted or its
conditions are amended under subsection (6),
the Regulatory Authority must issue or
reissue the service approval specifying--
5 (a) the regulations that have been
temporarily waived; and
(b) the period of the waiver; and
(c) any conditions placed on the waiver.
97 Revocation of temporary waiver
10 The Regulatory Authority may, at its
discretion, revoke a temporary waiver.
98 Effect of temporary waiver
While a temporary waiver is in force, the
approved children's service is not required to
15 comply with the regulations that have been
temporarily waived.
Division 7--Offences
99 Offence to provide a children's service
without service approval
20 A person must not provide a children's
service unless--
(a) the person is an approved provider in
respect of that service; and
(b) the children's service is an approved
25 children's service.
Penalty: 120 penalty units, in the case of an
individual.
600 penalty units, in any other
case.
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100 Offence to advertise children's service
without service approval
(1) A person must not knowingly publish or
cause to be published an advertisement for a
5 children's service unless it is an approved
children's service.
Penalty: 40 penalty units, in the case of an
individual.
200 penalty units, in any other
10 case.
(2) Subsection (1) does not apply if an
application for a service approval in respect
of the children's service has been made under
this Act but has not been decided.
15 Part 4--Operating a children's
service
101 Offence to operate children's service
without nominated supervisor
The approved provider of a children's service
20 must not operate the service unless there is at
least one nominated supervisor for that
service.
Penalty: 20 penalty units, in the case of an
individual.
25 100 penalty units, in any other
case.
102 Offence for nominated supervisor not to
meet prescribed minimum requirements
The approved provider of a children's service
30 must not nominate an individual to be a
nominated supervisor of that service unless
that individual meets the prescribed
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minimum requirements for nomination as a
nominated supervisor.
Penalty: 20 penalty units, in the case of an
individual.
5 100 penalty units, in any other
case.
103 Offence to operate children's service
unless responsible person is present
The approved provider of a children's service
10 must ensure that one of the following
persons is present at all times that the service
is educating and caring for children--
(a) the approved provider, if the approved
provider is an individual or, in any
15 other case, a person with management
or control of a children's service
operated by the approved provider;
(b) a nominated supervisor of the service;
(c) a person in day-to-day charge of the
20 service.
Penalty: 20 penalty units, in the case of an
individual.
100 penalty units, in any other
case.
25 104 Persons in day-to-day charge and
nominated supervisors to have child
protection training
The approved provider of a children's service
must ensure that each nominated supervisor
30 and each person in day-to-day charge of the
service has successfully completed the child
protection training (if any) required by or
under the law of Victoria, a Government
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protocol applying to the approved provider
in Victoria or otherwise required by Victoria.
105 Offence to inadequately supervise
children
5 (1) The approved provider of a children's service
must ensure that all children being educated
and cared for by the service are adequately
supervised at all times that the children are in
the care of that service.
10 Penalty: 60 penalty units, in the case of an
individual.
300 penalty units, in any other
case.
(2) A nominated supervisor of a children's
15 service must ensure that all children being
educated and cared for by the service are
adequately supervised at all times that the
children are in the care of that service.
Penalty: 60 penalty units.
20 106 Offence to use inappropriate discipline
(1) The approved provider of a children's service
must ensure that no child being educated and
cared for by the service is subjected to--
(a) any form of corporal punishment; or
25 (b) any discipline that is unreasonable in
the circumstances.
Penalty: 60 penalty units, in the case of an
individual.
300 penalty units, in any other
30 case.
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(2) A nominated supervisor of a children's
service must ensure that no child being
educated and cared for by the service is
subjected to--
5 (a) any form of corporal punishment; or
(b) any discipline that is unreasonable in
the circumstances.
Penalty: 60 penalty units.
(3) A staff member of, or a volunteer at, a
10 children's service must not subject any child
being educated and cared for by the service
to--
(a) any form of corporal punishment; or
(b) any discipline that is unreasonable in
15 the circumstances.
Penalty: 60 penalty units.
107 Offence relating to protection of children
from harm and hazards
(1) The approved provider of a children's service
20 must ensure that every reasonable precaution
is taken to protect children being educated
and cared for by the service from harm and
from any hazard likely to cause injury.
Penalty: 60 penalty units, in the case of an
25 individual.
300 penalty units, in any other
case.
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(2) A nominated supervisor of a children's
service must ensure that every reasonable
precaution is taken to protect children being
educated and cared for by the service from
5 harm and from any hazard likely to cause
injury.
Penalty: 60 penalty units.
108 Offence relating to required programs
(1) The approved provider of a children's service
10 must ensure that a program is delivered to all
children being educated and cared for by the
service that--
(a) is based on an approved learning
framework; and
15 (b) is delivered in a manner that accords
with the approved learning framework;
and
(c) is based on the developmental needs,
interests and experiences of each child;
20 and
(d) is designed to take into account the
individual differences of each child.
Penalty: 20 penalty units, in the case of an
individual.
25 100 penalty units, in any other
case.
(2) A nominated supervisor of a children's
service must ensure that a program is
delivered to all children being educated and
30 cared for by the service that--
(a) is based on an approved learning
framework; and
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(b) is delivered in a manner that accords
with the approved learning framework;
and
(c) is based on the developmental needs,
5 interests and experiences of each child;
and
(d) is designed to take into account the
individual differences of each child.
Penalty: 20 penalty units.
10 109 Offence relating to staffing arrangements
(1) An approved provider of a children's service
must ensure that, whenever children are
being educated and cared for by the service,
the relevant number of educators educating
15 and caring for the children is no less than the
number prescribed for this purpose.
Penalty: 60 penalty units, in the case of an
individual.
300 penalty units, in any other
20 case.
(2) An approved provider of a children's service
must ensure that each educator educating and
caring for children for the service meets the
qualification requirements relevant to the
25 educator's role as prescribed by the
regulations.
Penalty: 60 penalty units, in the case of an
individual.
300 penalty units, in any other
30 case.
(3) A nominated supervisor of a children's
service must ensure that, whenever children
are being educated and cared for by the
service, the relevant number of educators
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educating and caring for the children is no
less than the number prescribed for this
purpose.
Penalty: 60 penalty units.
5 (4) A nominated supervisor of a children's
service must ensure that each educator
educating and caring for children for the
service meets the qualification requirements
relevant to the educator's role as prescribed
10 by the regulations.
Penalty: 60 penalty units.
(5) Subsections (1), (2), (3) and (4) do not apply
in respect of a children's service--
(a) to the extent that it holds a temporary
15 waiver under Division 6 of Part 3 in
respect of this requirement; or
(b) to the extent that it holds a service
waiver under Division 5 of Part 3 in
respect of this requirement.
20 (6) The Regulatory Authority, on application or
on its own initiative, may determine
qualifications, including foreign
qualifications, to be equivalent to the
qualifications required by the regulations.
25 (7) If a determination is made under subsection
(6), any person holding the qualification is to
be taken to be qualified in accordance with
the regulations.
110 Offence relating to unauthorised persons
30 on children's service premises
(1) The approved provider of a children's service
must ensure that a person does not remain at
the children's service premises while
children are being educated and cared for at
35 the premises, unless--
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(a) the person is an authorised person; or
(b) the person is under the direct
supervision of an educator or other staff
member of the service.
5 Penalty: 5 penalty units, in the case of an
individual.
25 penalty units, in any other case.
(2) A nominated supervisor of a children's
service must ensure that a person does not
10 remain at the children's service premises
while children are being educated and cared
for at the premises, unless--
(a) the person is an authorised person; or
(b) the person is under the direct
15 supervision of an educator or other staff
member of the service.
Penalty: 5 penalty units.
(3) In this section--
authorised nominee, in relation to a child,
20 means a person who has been given
permission by a parent or family
member of the child to collect the child
from the children's service;
authorised person means a person who is--
25 (a) a person who holds a current
working with children assessment
notice; or
(b) a parent or family member of a
child who is being educated and
30 cared for by the children's service;
or
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(c) an authorised nominee of a parent
or family member of a child who
is being educated and cared for by
the children's service; or
5 (d) in the case of an emergency,
medical personnel or emergency
service personnel; or
(e) a person who is permitted under
the Working with Children
10 Act 2005 or a working with
children law to remain at the
children's service premises
without holding a working with
children assessment notice.
15 (4) A reference in subsection (3) to a parent or
family member of a child does not include a
person--
(a) whose access to the child is prohibited
or restricted by an order of a court or
20 tribunal of which the approved provider
or nominated supervisor is aware; or
(b) who is an inappropriate person within
the meaning of section 111.
111 Offence relating to direction to exclude
25 inappropriate persons from children's
service premises
(1) The Regulatory Authority may direct an
approved provider or a nominated supervisor
to exclude a person whom the Authority is
30 satisfied is an inappropriate person from the
children's service premises while children
are being educated and cared for at the
premises for such time as the Authority
considers appropriate.
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(2) A person to whom a direction is given under
subsection (1) must comply with the
direction.
Penalty: 60 penalty units, in the case of an
5 individual.
300 penalty units, in any other
case.
(3) In this section--
inappropriate person means a person--
10 (a) who may pose a risk to the safety,
health or wellbeing of any child or
children being educated and cared
for by the children's service; or
(b) whose behaviour or state of mind
15 or whose pattern of behaviour or
common state of mind is such that
it would be inappropriate for the
person to be on the children's
service premises while children
20 are being educated and cared for
by the children's service.
Example
A person who is under the influence of drugs or
alcohol.
25 112 Offence to fail to display prescribed
information
An approved provider of a children's service
must ensure that the prescribed information
about the following is positioned so that it is
30 clearly visible to anyone from the main
entrance to the children's service premises--
(a) the provider approval;
(b) the service approval;
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(c) each nominated supervisor of the
service;
(d) any service waivers or temporary
waivers held by the service;
5 (e) any other prescribed matters.
Penalty: 20 penalty units, in the case of an
individual.
100 penalty units, in any other
case.
10 113 Offence to fail to notify certain
circumstances to Regulatory Authority
(1) An approved provider must notify the
Regulatory Authority of the following in
relation to the approved provider or each
15 approved children's service operated by the
approved provider--
(a) a change in the name of the approved
provider;
(b) any appointment or removal of a person
20 with management or control of a
children's service operated by the
approved provider;
(c) a failure to commence operating a
children's service within 6 months
25 (or within the time agreed with the
Regulatory Authority) after being
granted a service approval for the
service.
Penalty: 20 penalty units, in the case of an
30 individual.
100 penalty units, in any other
case.
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(2) In relation to an approved children's service
operated by an approved provider, the
approved provider must notify the
Regulatory Authority--
5 (a) of any suspension or cancellation of a
working with children assessment
notice or a teacher registration of a
nominated supervisor engaged by the
service that the approved provider is
10 notified of; and
(b) of any disciplinary proceedings under
an education law or an equivalent law
of a participating jurisdiction in respect
of a nominated supervisor engaged by
15 the service that the approved provider is
notified of; and
(c) if a nominated supervisor of the
approved children's service--
(i) ceases to be employed or engaged
20 by the service; or
(ii) is removed from the role of
nominated supervisor; or
(iii) withdraws consent to the
nomination; and
25 (d) of any proposed change to the
children's service premises of the
approved children's service; and
(e) if the approved provider ceases to
operate the children's service; and
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(f) of an intention to transfer a service
approval, as required under section 59.
Penalty: 20 penalty units, in the case of an
individual.
5 100 penalty units, in any other
case.
(3) A notice under subsection (1) or (2) must--
(a) be in writing; and
(b) include any prescribed information.
10 (4) A notice under subsection (1) must be
provided within the relevant prescribed time
to the Regulatory Authority.
(5) A notice under subsection (2) must be
provided within the relevant prescribed time
15 to the Regulatory Authority.
114 Offence to fail to notify certain
information to Regulatory Authority
(1) An approved provider must notify the
Regulatory Authority of the following
20 information in relation to the approved
provider or each approved children's service
operated by the approved provider--
(a) any change relevant to whether the
approved provider is a fit and proper
25 person to be involved in the provision
of a children's service;
(b) information in respect of any other
prescribed matters.
Penalty: 20 penalty units, in the case of an
30 individual.
100 penalty units, in any other
case.
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(2) An approved provider must notify the
Regulatory Authority of the following
information in relation to an approved
children's service operated by the approved
5 provider--
(a) any serious incident at the approved
children's service;
(b) any complaints alleging--
(i) that a serious incident has
10 occurred or is occurring while a
child was or is being educated and
cared for by the approved
children's service; or
(ii) that this Act has been
15 contravened;
(c) information in respect of any other
prescribed matters.
Penalty: 20 penalty units, in the case of an
individual.
20 100 penalty units, in any other
case.
(3) A notice under subsection (1) must be in
writing and be provided within the relevant
prescribed time to the Regulatory Authority.
25 (4) A notice under subsection (2) must be in
writing and be provided within the relevant
prescribed time to the Regulatory Authority.
115 Offence relating to requirement to keep
enrolment and other documents
30 (1) An approved provider of a children's service
must keep the prescribed documents
available for inspection by an authorised
officer in accordance with this section.
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Penalty: 20 penalty units, in the case of an
individual.
100 penalty units, in any other
case.
5 (2) Documents referred to in subsection (1)--
(a) must, to the extent practicable, be kept
at the children's service premises if they
relate to--
(i) the operation of the service; or
10 (ii) any staff member employed or
engaged by the service; or
(iii) any child cared for, or educated at,
those premises--
in the previous 12 months; and
15 (b) in any other case, must be kept at a
place, and in a manner, that they are
readily accessible by an authorised
officer.
Part 5--Compliance with this Act
20 Division 1--Notices
116 Compliance directions
(1) This section applies if the Regulatory
Authority is satisfied that a children's service
has not complied with a provision of this Act
25 that is prescribed by the regulations.
(2) The Regulatory Authority may give the
approved provider a written direction
(a compliance direction) requiring the
approved provider to take the steps specified
30 in the direction to comply with that
provision.
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(3) An approved provider must comply with a
direction under subsection (2) within the
period (being not less than 14 days) specified
in the direction.
5 Penalty: 10 penalty units, in the case of an
individual.
50 penalty units, in any other case.
117 Compliance notices
(1) This section applies if the Regulatory
10 Authority is satisfied that a children's service
is not complying with any provision of this
Act.
(2) The Regulatory Authority may give the
approved provider a notice (a compliance
15 notice) requiring the approved provider to
take the steps specified in the notice to
comply with that provision.
(3) An approved provider must comply with a
compliance notice under subsection (2)
20 within the period (being not less than
14 days) specified in the notice.
Penalty: 40 penalty units, in the case of an
individual.
200 penalty units, in any other
25 case.
118 Emergency action notices
(1) This section applies if the Regulatory
Authority is satisfied that a children's service
is operating in a manner that poses, or is
30 likely to pose, an immediate risk to the
safety, health or wellbeing of a child or
children being educated and cared for by the
service.
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(2) The Regulatory Authority may, by written
notice, direct the approved provider of the
children's service to take the steps specified
in the notice to remove or reduce the risk
5 within the time (not more than 14 days)
specified in the notice.
(3) An approved provider must comply with a
direction given under subsection (2).
Penalty: 40 penalty units, in the case of an
10 individual.
200 penalty units, in any other
case.
Division 2--Enforceable undertakings
119 Enforceable undertakings
15 (1) This section applies--
(a) if a person has contravened, or if the
Regulatory Authority alleges a person
has contravened, a provision of this
Act; or
20 (b) in the circumstances set out in
section 27(a), 72(a) or 125(3).
(2) If subsection (1)(a) applies, the Regulatory
Authority may accept a written undertaking
from the person, under which the person
25 undertakes to take certain actions, or refrain
from taking certain actions, to comply with
this Act.
(3) If subsection (1)(b) applies in relation to the
approved provider of a children's service, the
30 Regulatory Authority may accept a written
undertaking from the approved provider,
under which the approved provider
undertakes to take certain actions, or refrain
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from taking certain actions in relation to the
children's service.
(4) If subsection (1)(b) applies in relation to a
person other than the approved provider of a
5 children's service, the Regulatory Authority
may accept a written undertaking from the
person, under which the person undertakes to
take certain actions, or refrain from taking
certain actions in relation to a children's
10 service.
(5) A person may, with the consent of the
Regulatory Authority, withdraw or amend an
undertaking.
(6) The Regulatory Authority may withdraw its
15 acceptance of the undertaking at any time
and the undertaking ceases to be in force on
that withdrawal.
(7) The Regulatory Authority may publish on
the Internet site of the Authority an
20 undertaking accepted under this section.
120 Certain actions prohibited while
undertaking is in force
(1) While an undertaking is in force under
section 119(2), proceedings may not be
25 brought for any offence constituted by the
contravention or alleged contravention in
respect of which the undertaking is given.
(2) While an undertaking is in force under
section 119(3), the Regulatory Authority
30 must not (as the case requires)--
(a) suspend the provider approval under
section 27 in relation to a matter that is
the subject of the undertaking; or
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(b) suspend the service approval under
section 72 in relation to a matter that is
the subject of the undertaking; or
(c) give a prohibition notice under
5 section 123 in relation to a matter that
is the subject of the undertaking.
(3) While an undertaking is in force under
section 119(4), the Regulatory Authority
must not give a prohibition notice under
10 section 123 in relation to a matter that is the
subject of the undertaking.
121 Certain actions prohibited if undertaking
is complied with
(1) If a person complies with the requirements of
15 an undertaking under section 119(2), no
further proceedings may be brought for any
offence constituted by the contravention or
alleged contravention in respect of which the
undertaking was given.
20 (2) If an approved provider complies with the
requirements of an undertaking under
section 119(3), the Regulatory Authority
must not (as the case requires)--
(a) suspend the provider approval under
25 section 27 in relation to a matter that is
the subject of the undertaking; or
(b) suspend the service approval under
section 72 in relation to a matter that is
the subject of the undertaking; or
30 (c) give a prohibition notice under
section 123 in relation to a matter that
is the subject of the undertaking.
(3) If a person complies with the requirements of
an undertaking under section 119(4), the
35 Regulatory Authority must not give a
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prohibition notice under section 123 in
relation to a matter that is the subject of the
undertaking.
122 Failure to comply with enforceable
5 undertakings
(1) If the Regulatory Authority considers that a
person who gave an undertaking under
section 119 has failed to comply with any of
its terms, the Regulatory Authority may
10 apply to the Magistrates' Court for an order
under subsection (2) to enforce the
undertaking.
(2) If the Magistrates' Court is satisfied that the
person has failed to comply with a term of
15 the undertaking, the Magistrates' Court may
make any of the following orders--
(a) an order directing the person to comply
with the term of the undertaking;
(b) an order that the person take any
20 specified action for the purpose of
complying with the undertaking;
(c) any other order that the Magistrates'
Court considers appropriate in the
circumstances.
25 (3) If the Magistrates' Court determines that the
person has failed to comply with a term of an
undertaking under section 119(2),
proceedings may be brought for any offence
constituted by the contravention or alleged
30 contravention in respect of which the
undertaking was given.
(4) If the Magistrates' Court determines that an
approved provider has failed to comply with
a term of an undertaking under section
35 119(3), the Regulatory Authority may
without further notice--
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(a) if the undertaking was given in
circumstances set out in section 27(a),
suspend the provider approval under
section 27; or
5 (b) if the undertaking was given in
circumstances set out in section 72(a),
suspend the service approval under
section 72; or
(c) if the undertaking was given in
10 circumstances set out in section 125(3),
give a prohibition notice under
section 123 in relation to a matter that
is the subject of the undertaking.
(5) If the Magistrates' Court determines that a
15 person has failed to comply with a term of an
undertaking under section 119(4), the
Regulatory Authority may, without further
notice, give a prohibition notice under
section 123 in relation to a matter that is the
20 subject of the undertaking.
(6) Proceedings referred to in subsection (3)
may be brought within 6 months of the
determination or within 2 years of the date of
the alleged offence, whichever occurs last.
25 Division 3--Prohibition notices
123 Grounds for giving prohibition notice
(1) The Regulatory Authority may give a
prohibition notice to a person who is in any
way involved in the provision of an approved
30 children's service if it considers that there
may be an unacceptable risk of harm to a
child or children if the person were
allowed--
(a) to remain on the children's service
35 premises; or
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(b) to provide education and care to
children.
(2) For the purposes of subsection (1), a person
may be involved in the provision of an
5 approved children's service as any of the
following--
(a) an approved provider;
(b) a nominated supervisor;
(c) an educator;
10 (d) an employee;
(e) a contractor;
(f) a volunteer;
(g) a person who was formerly a person
referred to in paragraphs (a) to (f) in
15 relation to the approved children's
service--
or in any other capacity.
(3) The Regulatory Authority may give a
prohibition notice to a person to--
20 (a) prohibit the person from being
nominated as a nominated supervisor if
the Regulatory Authority considers the
person is not a fit and proper person to
be nominated as a nominated
25 supervisor of a service; or
(b) impose one or more conditions on the
nomination of the person as a
nominated supervisor that the
Regulatory Authority considers
30 appropriate, if the Regulatory Authority
considers the person is a fit and proper
person to be nominated as a nominated
supervisor of a service subject to those
conditions.
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124 Show cause notice to be given before
prohibition notice
(1) Before giving a person a prohibition notice,
the Regulatory Authority must give the
5 person a notice (a show cause notice)--
(a) stating that the Regulatory Authority
proposes to give the person a
prohibition notice; and
(b) stating the reasons for the proposed
10 prohibition; and
(c) inviting the person to make a written
submission to the Regulatory
Authority, within a stated time of at
least 14 days, about the proposed
15 prohibition.
(2) Subsection (1) does not apply if the
Regulatory Authority is satisfied it is
necessary, in the interests of the safety,
health or wellbeing of a child or children, to
20 immediately issue a prohibition notice to the
person.
125 Deciding whether to give prohibition
notice
(1) If the Regulatory Authority gives a show
25 cause notice under section 124 to a person,
the Regulatory Authority must have regard
to any written submission received from the
person within the time stated in the show
cause notice before deciding whether to give
30 the person a prohibition notice.
(2) If the Regulatory Authority decides not to
issue a prohibition notice to the person, the
Regulatory Authority must give the person
notice of the decision.
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(3) The Regulatory Authority may accept an
undertaking from a person under section 119
instead of giving a prohibition notice under
this Division.
5 126 Content of prohibition notice
(1) A prohibition notice given to a person under
section 123(1) must state that the person is
prohibited from doing one or more of the
following--
10 (a) providing education and care to
children for a children's service;
(b) being engaged as an educator,
employee, contractor or staff member
of, or being a volunteer at, a children's
15 service;
(c) carrying out any other activity relating
to a children's service.
(2) A prohibition notice given to a person under
section 123(3) must state that either--
20 (a) the person is prohibited from being
nominated as a nominated supervisor of
a children's service; or
(b) the person may only be nominated as a
nominated supervisor of a children's
25 service on the condition or conditions
specified by the Regulatory Authority
in the notice.
(3) A prohibition notice given to a person under
section 123(1) or (3) must state--
30 (a) that the person may apply for
cancellation of the notice; and
(b) how an application for cancellation
must be made.
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127 Cancellation of prohibition notice
(1) If the Regulatory Authority is satisfied there
is not a sufficient reason for a prohibition
notice to remain in force for a person, the
5 Regulatory Authority must cancel the
prohibition notice and give the person notice
of the cancellation.
(2) A person for whom a prohibition notice is in
force may apply to the Regulatory Authority
10 to cancel the notice.
(3) The application must--
(a) be in writing; and
(b) include the prescribed information; and
(c) be signed by the person.
15 (4) The person may state in the application
anything the person considers relevant to the
Regulatory Authority's decision about
whether there would be an unacceptable risk
of harm to children if the person were--
20 (a) to remain at the children's service
premises; or
(b) to provide education and care to
children.
(5) The person may state in the application
25 anything the person considers relevant to the
Regulatory Authority's decision about
whether the person is a fit and proper person
to be nominated as a nominated supervisor
with or without conditions.
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(6) The application may include a statement
setting out any change in the person's
circumstances since the prohibition notice
was given or since any previous application
5 under this section that would warrant the
cancellation of the notice.
(7) The Regulatory Authority must decide the
application as soon as practicable after its
receipt.
10 128 Person must not contravene prohibition
notice
(1) While a prohibition notice under section
123(1) is in force under this Act for a person,
the person must not--
15 (a) provide education and care to children
for a children's service; or
(b) be engaged as an educator, employee,
contractor or staff member of, or
perform volunteer services for, a
20 children's service; or
(c) carry out any other activity relating to
children's services.
Penalty: 120 penalty units.
(2) While a prohibition notice under section
25 123(3) is in force under this Act for a person,
the person must not--
(a) in the case of a prohibition notice under
section 123(3)(a), consent to a
nomination of that person as a
30 nominated supervisor of a children's
service; or
(b) in the case of a prohibition notice under
section 123(3)(b), consent to a
nomination of that person as a
35 nominated supervisor of a children's
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service in contravention of a condition
or conditions stated in the prohibition
notice.
Penalty: 120 penalty units.
5 129 Offence to engage person to whom
prohibition notice applies
(1) An approved provider must not engage a
person as an educator, employee, contractor
or staff member of, or allow a person to
10 perform volunteer services for, a children's
service if the provider knows, or ought
reasonably to know, a prohibition notice is in
force under this Act in respect of the person.
Penalty: 120 penalty units, in the case of an
15 individual.
600 penalty units, in any other
case.
(2) An approved provider must not nominate a
person as a nominated supervisor of a
20 children's service if the approved provider
knows, or ought reasonably to know, that a
prohibition notice is in force under this Act
prohibiting the nomination of that person as
a nominated supervisor of a children's
25 service.
Penalty: 120 penalty units, in the case of an
individual.
600 penalty units, in any other
case.
30 (3) An approved provider must not nominate a
person as a nominated supervisor of a
children's service if the approved provider
knows, or ought reasonably to know, that the
nomination would place the person in
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contravention of a condition of a prohibition
notice in force under this Act.
Penalty: 120 penalty units, in the case of an
individual.
5 600 penalty units, in any other
case.
130 False or misleading information about
prohibition notice
A person who is subject to a prohibition
10 notice under this Act must not give an
approved provider any information about the
content or existence of the prohibition notice
that is false or misleading in any material
particular.
15 Penalty: 40 penalty units.
Division 4--Emergency removal of
children
131 Emergency removal of children
(1) This section applies if the Regulatory
20 Authority considers, on reasonable grounds,
that there is an immediate danger to the
safety or health of a child or children being
educated and cared for by a children's
service.
25 (2) The Regulatory Authority may remove, or
cause the removal of, the child or children
from the children's service premises.
(3) In exercising a power under subsection (2)--
(a) the Regulatory Authority may be given
30 such assistance by other persons
(including police officers) as is
reasonably required; and
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(b) the Regulatory Authority and any
person assisting the Regulatory
Authority may--
(i) enter the children's service
5 premises, without warrant; and
(ii) use reasonable force as necessary.
(4) If a child is removed from the children's
service premises under subsection (2), the
Regulatory Authority must ensure that the
10 child's parents are immediately notified of
the situation and the child's current location.
Part 5A--Review
Division 1--Internal review
132 Reviewable decision--internal review
15 A reviewable decision for internal review is
a decision of the Regulatory Authority under
this Act--
(a) to refuse to grant a provider approval or
a service approval; or
20 (b) to amend or refuse to amend a provider
approval or a service approval; or
(c) to impose a condition on a provider
approval or a service approval; or
(d) to suspend--
25 (i) a provider approval under
section 28; or
(ii) a service approval under
section 73; or
(e) to refuse to consent to the transfer of a
30 service approval; or
(f) to revoke a service waiver; or
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(g) to issue a compliance direction; or
(h) to issue a compliance notice.
133 Internal review of reviewable decisions
(1) A person who is the subject of a reviewable
5 decision for internal review may apply to the
Regulatory Authority in writing for review
of the decision.
(2) An application under subsection (1) must be
made--
10 (a) within 14 days after the day on which
the person is notified of the decision; or
(b) if the person is not notified of the
decision, within 14 days after the
person becomes aware of the decision.
15 (3) The person who conducts the review for the
Regulatory Authority must not be a person
who was involved in the assessment or
investigation of the person or service to
whom or which the decision relates.
20 (4) The person conducting the review may ask
the person who applied for the review for
further information.
(5) A review under this section must be
conducted within 30 days after the
25 application is made.
(6) The period specified in subsection (5) may
be extended by up to 30 days--
(a) if a request for further information is
made under subsection (4); or
30 (b) by agreement between the person who
applied for the review and the
Regulatory Authority.
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(7) The Regulatory Authority may, in relation to
an application under subsection (1)--
(a) confirm the decision; or
(b) make any other decision that the
5 Regulatory Authority thinks
appropriate.
Division 2--External review
134 Reviewable decision--external review
A reviewable decision for external review
10 is--
(a) a decision of the Regulatory Authority
made under section 133 (other than a
decision in relation to the issue of a
compliance direction or a compliance
15 notice); or
(b) a decision of the Regulatory Authority
under this Act--
(i) to suspend a provider approval
under section 27; or
20 (ii) to cancel a provider approval
under section 33; or
(iii) to suspend a service approval
under section 72; or
(iv) to cancel a service approval under
25 section 78; or
(v) to give a prohibition notice or to
refuse to cancel a prohibition
notice; or
(c) any other decision of the Regulatory
30 Authority that is prescribed.
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135 Application for review of decision of the
Regulatory Authority
(1) A person who is the subject of a reviewable
decision for external review may apply to
5 VCAT for a review of the decision.
(2) An application must be made within 30 days
after the day on which the applicant is
notified of the decision that is to be
reviewed.
10 (3) After hearing the matter, VCAT may--
(a) confirm the decision of the Regulatory
Authority; or
(b) amend the decision of the Regulatory
Authority; or
15 (c) substitute another decision for the
decision of the Regulatory Authority.
(4) In determining any application under this
section, VCAT may have regard to any
decision of VCAT under this Act or any
20 decision of a tribunal or court of a
participating jurisdiction in relation to the
National Law as applying in that jurisdiction.
Part 5B--Monitoring and
enforcement
25 Division 1--Authorised officers
136 Authorisation of authorised officers
(1) The Regulatory Authority may authorise any
person who the Regulatory Authority is
satisfied is an appropriate person to be an
30 authorised officer for the purposes of this
Act.
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(2) An authorised officer holds office on any
terms and conditions stated in the
authorisation.
(3) A defect in the authorisation of an authorised
5 officer does not affect the validity of any
action taken or decision made by the
authorised officer under this Act.
(4) The Regulatory Authority may determine the
requirements for the authorisation of
10 authorised officers under this section.
(5) In making a determination under subsection
(4), the Regulatory Authority may take into
account the requirements for the
authorisation of authorised officers
15 determined by the National Authority under
section 195(5) of the National Law.
(6) A determination under subsection (4) must
be published on the Internet site of the
Regulatory Authority.
20 137 Identity card
(1) The Regulatory Authority must issue to each
authorised officer, to whom paragraph (a) of
the definition of authorised officer applies,
an identity card in the form prescribed by the
25 regulations.
(2) The identity card issued under subsection (1)
must identify the authorised officer as an
authorised officer authorised by the
Regulatory Authority under this Act.
30 (3) An authorised officer must--
(a) carry the officer's identity card
whenever the officer is exercising any
functions under this Act; and
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(b) show the identity card--
(i) before exercising a power of entry
under this Act; and
(ii) at any time during the exercise of
5 a power under this Act when
asked to do so.
Penalty: 5 penalty units.
(4) An authorised officer who fails to comply
with subsection (3)(b) in relation to the
10 exercise of a power ceases to be authorised
to exercise the power in relation to the
matter.
(5) An authorised officer who is authorised
under subsection (1) must return the officer's
15 identity card to the Regulatory Authority on
ceasing to be so authorised.
Penalty: 5 penalty units.
Division 2--Powers of entry
138 Powers of entry for assessing and
20 monitoring approved children's service
(1) An authorised officer may exercise a power
under this section for any of the following
purposes--
(a) monitoring compliance with this Act;
25 (b) obtaining information requested under
section 35 or 81.
(2) An authorised officer may, at any reasonable
time and with such assistants as may
reasonably be required, enter any children's
30 service premises and do any of the
following--
(a) inspect the premises and any plant,
equipment, vehicle or other thing;
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(b) inspect and make copies of, or take
extracts from, any document kept at the
premises;
(c) take any document or any other thing at
5 the premises;
(d) ask a person at the premises--
(i) to answer a question to the best of
that person's knowledge,
information and belief; or
10 (ii) to take reasonable steps to provide
information or produce a
document.
(3) A power under subsection (2)(a) to (c) is
limited to a document or thing that is used or
15 likely to be used in the provision of the
children's service.
(4) If the authorised officer takes any document
or thing under subsection (2), the authorised
officer must--
20 (a) give notice of the taking of the
document or thing to the person
apparently in charge of it or to an
occupier of the premises; and
(b) return the document or thing to that
25 person or the premises within 7 days
after taking it.
(5) An authorised officer may not, under this
section, enter a residence unless--
(a) an approved children's service is
30 operating at the residence at the time of
entry; or
(b) the occupier of the residence has
consented in writing to the entry and
the inspection.
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139 Powers of entry for investigating
approved children's service
(1) An authorised officer may exercise the
powers under this section to investigate an
5 approved children's service if the authorised
officer reasonably suspects that an offence
may have been or may be being committed
against this Act.
(2) The authorised officer, with any necessary
10 assistants, may with or without the consent
of the occupier of the premises, enter the
children's service premises at any reasonable
time and do any of the following--
(a) search any part of the premises;
15 (b) inspect, measure, test, photograph or
film, or make audio recordings of, any
part of the premises or anything at the
premises;
(c) take a thing, or a sample of or from a
20 thing, at the premises for analysis,
measurement or testing;
(d) copy, or take an extract from, a
document, at the premises;
(e) take into or onto the premises any
25 person, equipment and materials the
authorised officer reasonably requires
for exercising a power under this
subsection;
(f) require the occupier of the premises, or
30 a person at the premises, to give the
authorised officer information to help
the authorised officer in conducting the
investigation.
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(3) A power under subsection (2)(b) to (d) is
limited to a document or thing that is used or
likely to be used in the provision of the
children's service.
5 (4) An authorised officer may not, under this
section, enter a residence unless--
(a) the authorised officer reasonably
believes that an approved children's
service is operating at the residence at
10 the time of entry; or
(b) the occupier of the residence has
consented in writing to the entry and
the inspection.
140 Powers of entry to business premises
15 (1) An authorised officer may exercise powers
under this section if the authorised officer
reasonably suspects that documents or other
evidence relevant to the possible commission
of an offence against this Act are present at
20 the principal office of the approved provider
of the service or any other business office of
the approved provider of the service.
(2) The authorised officer, with the consent of
the occupier of the premises, may enter the
25 premises and do any of the following--
(a) search any part of the premises;
(b) inspect, measure, test, photograph or
film, or make audio recordings of, any
part of the premises or anything at the
30 premises;
(c) take a thing, or a sample of or from a
thing, at the premises for analysis,
measurement or testing;
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(d) copy, or take an extract from, a
document, at the premises;
(e) take into or onto the premises any
person, equipment and materials the
5 authorised officer reasonably requires
for exercising a power under this
subsection;
(f) require the occupier of the premises, or
a person at the premises, to give the
10 authorised officer information to help
the authorised officer in conducting the
investigation.
(3) An authorised officer must not enter and
search the premises with the consent of the
15 occupier unless, before the occupier consents
to that entry, the authorised officer has--
(a) produced his or her identity card for
inspection; and
(b) informed the occupier--
20 (i) of the purpose of the search and
the powers that may be exercised;
and
(ii) that the occupier may refuse to
give consent to the entry and
25 search or to the taking of anything
found during the search; and
(iii) that the occupier may refuse to
consent to the taking of any copy
or extract from a document found
30 on the premises during the search.
141 Entry to premises without search warrant
(1) An authorised officer may enter any
premises (including residential or business
premises) for the purpose of determining
35 whether a children's service is operating
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without a service approval at or from the
premises, if--
(a) the authorised officer reasonably
believes that a person is operating a
5 children's service in contravention of
section 99 at the premises; and
(b) the occupier of the premises has
consented in writing to the entry and
inspection.
10 (2) An authorised officer must not enter and
search the premises under this section unless,
before the occupier consents to the entry, the
authorised officer has--
(a) produced the authorised officer's
15 identity card for inspection; and
(b) informed the occupier--
(i) of the purpose of the search and
the powers that may be exercised;
and
20 (ii) that the occupier may refuse to
consent to the entry and search or
the taking of anything found
during the search; and
(iii) that the occupier may refuse to
25 consent to the taking of any copy
or extract from a document found
on the premises during the search.
(3) An authorised officer who exercises a power
of entry under this section may for the
30 purposes of the investigation do any of the
things referred to in clause 5(2)(a) to (e) of
Schedule 1 as if a reference to that Schedule
included a reference to this section.
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142 Entry to premises with search warrant
(1) An authorised officer under the authority of a
search warrant may enter premises if the
authorised officer reasonably believes that a
5 person is operating a children's service in
contravention of section 99 at or from the
premises.
(2) An authorised officer under the authority of a
search warrant may enter any children's
10 service premises or any premises where the
authorised officer reasonably believes that an
approved children's service is operating if the
authorised officer reasonably believes that
the children's service is operating in
15 contravention of this Act.
(3) An authorised officer under the authority of a
search warrant may enter the principal office
of the approved provider of the service or
any other business office of the approved
20 provider of the service if the authorised
officer reasonably believes that documents or
other evidence relevant to the possible
commission of an offence against this Act
are present at those premises.
25 (4) Schedule 1 applies in relation to the issue of
the search warrant and the powers of the
authorised officer on entry.
143 Seized items
(1) If an authorised officer has taken a thing
30 under section 139, 140 or 141 or under a
search warrant under section 142, the
authorised officer must take reasonable steps
to return the thing to the person from whom
it was taken if the reason for the taking no
35 longer exists.
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(2) If the thing has not been returned within
60 days after it was taken, the authorised
officer must take reasonable steps to return it
unless--
5 (a) proceedings have been commenced
within the period of 60 days and those
proceedings (including any appeal)
have not been completed; or
(b) the Magistrates' Court makes an order
10 under section 144 extending the period
the thing can be retained.
(3) If an authorised officer has taken a thing
under section 139, 140 or 141 or under a
search warrant under section 142, the
15 authorised officer must provide the owner of
the thing with reasonable access to the thing.
144 Magistrates' Court may extend period
(1) An authorised officer may apply to the
Magistrates' Court within the period of
20 60 days referred to in section 143 or within
a period extended by the Court under this
section for an extension of the period for
which the thing can be held.
(2) The Magistrates' Court may order the
25 extension if satisfied that retention of the
thing is necessary--
(a) for the purposes of an investigation into
whether an offence has been
committed; or
30 (b) to enable evidence of an offence to be
obtained for the purposes of a
prosecution.
(3) The Magistrates' Court may adjourn an
application to enable notice of the
35 application to be given to any person.
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Division 3--Other powers
145 Power to require name and address
(1) This section applies if--
(a) an authorised officer finds a person
5 committing an offence against this Act;
or
(b) an authorised officer finds a person in
circumstances that lead, or the
authorised officer has information that
10 leads, the officer to reasonably suspect
the person is committing, or has
committed, an offence against this Act.
(2) The authorised officer may require the
person to state the person's name and
15 residential address.
(3) The authorised officer may require the
person to give evidence of the correctness of
the stated name or residential address if the
officer reasonably suspects the stated name
20 or address to be false.
146 Power to require evidence of age, name
and address of person
(1) This section applies if--
(a) the regulations require a staff member,
25 or a volunteer to have attained a
prescribed minimum age; and
(b) an authorised officer reasonably
suspects that a person--
(i) is employed or engaged as a staff
30 member by, or is a volunteer at, a
children's service; and
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(ii) has not attained that prescribed
minimum age.
(2) The authorised officer may require the
person to state the person's correct date of
5 birth, whether or not when requiring the
person to state the person's correct name and
address.
(3) Also, the authorised officer may require the
person to provide evidence of the correctness
10 of the stated date of birth--
(a) at the time of making the requirement
under subsection (2) if, in the
circumstances, it would be reasonable
to expect the person to be in possession
15 of evidence of the correctness of the
stated date of birth; or
(b) otherwise, within 14 days of making
the requirement under subsection (2).
(4) The authorised officer may require the
20 person to state the person's name and
residential address if--
(a) the person refuses or is unable to
comply with a requirement under
subsection (2) or (3); or
25 (b) according to the date of birth the person
states, or the evidence of the person's
age the person gives, the person has not
attained the prescribed minimum age.
147 Power of authorised officers to obtain
30 information documents and evidence
(1) An authorised officer may exercise a power
under this section for any of the following
purposes--
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(a) monitoring compliance with this Act;
(b) obtaining information requested under
section 35 or 81.
(2) An authorised officer may, by written notice,
5 require a specified person to provide to the
authorised officer, by writing signed by that
person or, if the person is not an individual,
by a competent officer of that person, within
the time and in the manner specified in the
10 notice, any relevant information that is
specified in the notice.
(3) The time specified in the notice must not be
less than 14 days from the date the notice is
issued.
15 (4) In this section--
specified person means a person who is or
has been an approved provider, a
nominated supervisor or a staff member
of, or a volunteer at, an approved
20 children's service.
Division 4--Offences relating to
enforcement
148 Offence to obstruct authorised officer
A person must not obstruct an authorised
25 officer in exercising the authorised officer's
powers under this Act.
Penalty: 40 penalty units, in the case of an
individual.
200 penalty units, in any other
30 case.
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149 Offence to fail to assist authorised officer
A person must not, without reasonable
excuse--
(a) refuse to answer a question lawfully
5 asked by an authorised officer
(other than a question asked under
section 138(2)(d)); or
(b) refuse to provide information or
produce a document lawfully required
10 by an authorised officer; or
(c) fail to comply with a requirement made
by an authorised officer under
clause 5(2)(f) or (g) of Schedule 1.
Penalty: 40 penalty units, in the case of an
15 individual.
200 penalty units, in any other
case.
150 Offence to destroy or damage notices or
documents
20 A person must not, without lawful authority,
destroy or damage any notice or document
given or prepared or kept under this Act.
Penalty: 40 penalty units, in the case of an
individual.
25 200 penalty units, in any other
case.
151 Offence to impersonate authorised officer
A person must not impersonate an authorised
officer.
30 Penalty: 40 penalty units.
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152 Protection against self-incrimination
(1) An individual may refuse or fail to give
information or do any other thing that the
individual is required to do by or under this
5 Act if giving the information or doing the
thing might incriminate the individual.
(2) However, subsection (1) does not apply to--
(a) the production of a document or part of
a document that is required to be kept
10 under this Act; or
(b) the giving of the individual's name or
address in accordance with this Act; or
(c) anything required to be done under
section 155 or 156.
15 (3) Any document referred to in subsection
(2)(a) that is produced by an individual or
any information obtained directly or
indirectly from that document produced by
an individual is not admissible in evidence
20 against the individual in any criminal
proceedings (except for criminal proceedings
under this Act) or in any civil proceedings.
153 Warning to be given
(1) Before requiring a person to answer a
25 question or provide information or a
document under this Part or Schedule 1, an
authorised officer must--
(a) identify himself or herself to the person
as an authorised officer by producing
30 the officer's identity card; and
(b) warn the person that a failure to comply
with the requirement or to answer the
question, without reasonable excuse,
would constitute an offence; and
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(c) in the case of an individual, warn the
person about the effect of section 152.
(2) Nothing in this section prevents an
authorised officer from obtaining and using
5 evidence given to the authorised officer
voluntarily by any person.
(3) This section does not apply to a request
made under section 138.
154 Occupier's consent to search
10 (1) An occupier who consents in writing to the
entry and inspection of his or her premises
under Division 2 must be given a copy of the
signed consent immediately.
(2) If, in any proceeding, a written consent is not
15 produced to the court, it must be presumed
until the contrary is proved that the occupier
did not consent to the entry and search.
Division 5--Powers of Regulatory
Authority
20 155 Power of Regulatory Authority to obtain
information, documents and evidence by
notice
(1) This section applies if the Regulatory
Authority reasonably suspects that an
25 offence has or may have been committed
against this Act.
(2) The Regulatory Authority may, by written
notice, require a specified person--
(a) to provide to the Regulatory Authority,
30 in writing signed by that person or, if
the person is not an individual, by a
competent officer of that person, within
the time and in the manner specified in
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the notice, any relevant information that
is specified in the notice; or
(b) to produce to the Regulatory Authority,
or to a person specified in the notice
5 acting on the Regulatory Authority's
behalf, in accordance with the notice,
any relevant document referred to in the
notice; or
(c) to appear before the Regulatory
10 Authority, or a person specified in the
notice acting on the Regulatory
Authority's behalf, at a time and place
specified in the notice to give any
evidence or to produce any relevant
15 document specified in the notice.
(3) The notice must--
(a) warn the person that failure or refusal
to comply with the notice would
constitute an offence; and
20 (b) warn the person about the effect of
sections 157, 158 and 159.
(4) The Regulatory Authority or the person
specified in the notice acting on the
Regulatory Authority's behalf may require
25 the evidence referred to in subsection (2)(c)
to be given on oath or affirmation and for
that purpose may administer an oath or
affirmation.
(5) The person may give evidence under
30 subsection (2)(c) by telephone or video
conference or other electronic means unless
the Regulatory Authority, on reasonable
grounds, requires the person to give that
evidence in person.
35 (6) In this section, specified person has the
meaning given in section 147(4).
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156 Power of Regulatory Authority to obtain
information, documents and evidence at
children's service
(1) This section applies if the Regulatory
5 Authority reasonably suspects that an
offence has or may have been committed
against this Act.
(2) The Regulatory Authority may require a
specified person at a children's service--
10 (a) to provide the Regulatory Authority, or
a person acting on the Regulatory
Authority's behalf, with any specified
information that is relevant to the
suspected offence; or
15 (b) to produce to the Regulatory Authority,
or to a person acting on the Regulatory
Authority's behalf, any specified
document that is relevant to the
suspected offence.
20 (3) The Regulatory Authority must--
(a) warn the person that failure or refusal
to comply with the requirement would
constitute an offence; and
(b) warn the person about the effect of
25 sections 157, 158 and 159.
(4) The Regulatory Authority must not require a
person to remain at the children's service
more than a reasonable time for the purposes
of providing information or producing
30 documents under subsection (2).
(5) In this section, specified person has the
meaning given in section 147(4).
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157 Offence to fail to comply with notice or
requirement
A person must not refuse or fail to comply
with a requirement under section 155 or 156
5 to the extent that the person is capable of
complying with that requirement.
Penalty: 40 penalty units, in the case of an
individual.
200 penalty units, in any other
10 case.
158 Offence to hinder or obstruct Regulatory
Authority
A person must not obstruct or hinder the
Regulatory Authority in exercising a power
15 under section 155 or 156.
Penalty: 40 penalty units, in the case of an
individual.
200 penalty units, in any other
case.
20 159 Self-incrimination not an excuse
(1) A person is not excused from complying
with a notice or requirement under
section 155 or 156 on the ground that
complying with the notice or requirement
25 may result in information being provided
that might tend to incriminate the person.
(2) Subject to subsection (3), disclosed
information is not admissible in evidence
against the individual in any criminal
30 proceedings (other than proceedings under
section 158 or 182) or in any civil
proceedings.
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(3) Despite subsection (2), any information
obtained from a document or documents
required to be kept under this Act that is
produced by a person is admissible in
5 evidence against the person in criminal
proceedings under this Act.
(4) In this section--
disclosed information means--
(a) the answer by an individual to any
10 question asked under section 155
or 156; or
(b) the provision by an individual of
any information in compliance
with section 155 or 156; or
15 (c) any information obtained directly
or indirectly because of that
answer or the provision of that
information.
Part 5C--Regulatory Authority
20 160 Functions of Regulatory Authority
The Regulatory Authority has the following
functions under this Act--
(a) to assist with the administration of this
Act;
25 (b) to monitor and enforce compliance with
this Act;
(c) to receive and investigate complaints
arising under this Act;
(d) to undertake information collection,
30 review and reporting for the purposes
of--
(i) the regulation of children's
services; and
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(ii) the sharing of information under
this Act;
(e) any other functions conferred on the
Regulatory Authority under this Act.
5 161 Powers of Regulatory Authority
(1) The Regulatory Authority has the power to
do all things that are necessary or convenient
to be done for, or in connection with, or that
are incidental to the carrying out of its
10 functions under this Act.
(2) Without limiting subsection (1), the
Regulatory Authority has the following
powers--
(a) to collect, hold and use information
15 obtained under this Act by the
Regulatory Authority about the
provision of children's services to
children including information about
outcomes for children and information
20 about providers of children's services;
(b) subject to the Privacy and Data
Protection Act 2014, to collect, hold
and use information about providers of
children's services and nominated
25 supervisors;
(c) to maintain and publish registers of
approved providers and approved
children's services;
(d) to exercise any other powers conferred
30 on it by this Act.
162 Delegations
(1) The Regulatory Authority may in writing
delegate any of its functions and powers
under this Act (other than this power of
35 delegation) to--
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(a) any person employed under the Public
Administration Act 2004; or
(b) a prescribed person or a person in a
prescribed class of persons.
5 (2) A delegate of the Regulatory Authority must
disclose to the Regulatory Authority, at the
request of the Authority, any direct or
indirect personal or pecuniary interest the
delegate may have in relation to the
10 delegated functions and powers.
Part 5D--Information, records and
privacy
Division 1--Registers
163 Register of approved providers
15 (1) The Regulatory Authority must keep a
register of approved providers.
(2) The register must contain--
(a) the name of each approved provider;
and
20 (b) any other prescribed information.
164 Register of children's services
(1) The Regulatory Authority must keep a
register of approved children's services.
(2) The register of approved children's services
25 must contain the following information--
(a) the name of each service;
(b) the name of the approved provider of
each service;
(c) the address of each children's service
30 premises;
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(d) any other prescribed information.
Division 2--Publication of information
165 Publication of information
(1) The Regulatory Authority may publish the
5 following information about approved
providers, approved children's services and
nominated supervisors--
(a) the name of each provider, service or
supervisor;
10 (b) the address of each children's service
premises;
(c) other prescribed information in respect
of approved children's services.
(2) The Regulatory Authority must publish, on
15 the Internet site of the Authority--
(a) the register of approved providers kept
under section 163; and
(b) the register of approved children's
services kept under section 164.
20 (3) The Regulatory Authority may publish the
prescribed information about--
(a) enforcement actions taken under this
Act, including information about
compliance notices, prosecutions,
25 enforceable undertakings, suspension or
cancellation of approvals; and
(b) any prescribed matters.
(4) Information published under this section
must not include information that could
30 identify or lead to the identification of an
individual other than--
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(a) an approved provider or nominated
supervisor; or
(b) a person who is being prosecuted for an
offence against this Act; or
5 (c) if the Regulatory Authority is satisfied
that it is in the public interest to do so, a
person with management or control of a
children's service.
Division 3--Disclosure of information
10 166 Disclosure of information to other
authorities
(1) The Regulatory Authority may disclose
information in respect of a children's service
for a purpose listed in subsection (2), to--
15 (a) the Regulatory Authority for Victoria
under the National Law; or
(b) any relevant Government Department
of the Commonwealth; or
(c) any State or Territory Government
20 Department; or
(d) any Commonwealth, State or Territory
public authority; or
(e) any municipal council or any
equivalent body in another State or a
25 Territory of the Commonwealth; or
(f) a Regulatory Authority of a
participating jurisdiction; or
(g) the National Authority under the
National Law.
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(2) The purposes for disclosure of information
under this section are--
(a) the disclosure is reasonably necessary
to promote the objectives of this Act; or
5 (b) the disclosure is for the purposes of
enabling or assisting the other entity to
perform or exercise any of its functions
or powers under this Act, the National
Law; or
10 (c) the disclosure is for the purposes of
research or development of National,
State or Territory policy with respect to
children's services; or
(d) the disclosure is for a purpose relating
15 to the funding of children's services; or
(e) the disclosure is for a purpose relating
to the payment of benefits or
allowances to persons using children's
services, and the disclosure of
20 information is not otherwise prohibited
by law.
(3) Information disclosed under this section for
the purpose of research or the development
of National, State or Territory policy with
25 respect to children's services or education
and care services under the National Law
must not include information that could
identify or lead to the identification of an
individual other than--
30 (a) an approved provider or a nominated
supervisor; or
(b) a person to whom a prohibition notice
applies; or
(c) a person who is being prosecuted for an
35 offence against this Act.
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167 Disclosure of information to approved
providers
(1) At the request of an approved provider, the
Regulatory Authority may disclose to the
5 provider whether a person named in the
request is subject to a prohibition notice
given under section 123.
(2) Information may only be disclosed under
subsection (1) if the Regulatory Authority
10 considers on reasonable grounds that the
provider requires the information to comply
with the provider's obligations under this
Act.
168 Duty of confidentiality
15 (1) An individual who is, or who has been, a
person exercising functions under this Act
must not disclose to another person protected
information.
Penalty: 20 penalty units.
20 (2) However, subsection (1) does not apply if--
(a) the information is disclosed in the
exercise of a function under, or for the
purposes of, or in accordance with, this
Act; or
25 (b) the disclosure of the information is
required or permitted by law; or
(c) the disclosure is with the agreement of
the person to whom the information
relates; or
30 (d) the information relates to proceedings
before a court or tribunal and the
proceedings are or were open to the
public; or
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(e) the information is, or has been
accessible to the public, including
because it was published for the
purposes of, or in accordance with, this
5 Act.
(3) In this section--
protected information means information--
(a) that is personal to a particular
individual and that identifies or
10 could lead to the identification of
the individual; and
(b) that comes to a person's
knowledge in the course of, or
because of, the person exercising
15 functions under this Act.".
9 Substitution of heading to Part 6
For the heading to Part 6 of the Principal Act
substitute--
"Part 6--Miscellaneous".
20 10 New Division heading inserted in Part 6
After the heading to Part 6 of the Principal Act
insert--
"Division 1--Administration".
11 Sections 50, 51 and 52 renumbered
25 The sections of the Principal Act set out in
column 1 of the Table to this section are
renumbered as set out opposite those sections in
column 2 of the Table.
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Table
Column 1 Column 2
Section number Renumbered section number
50 169
51 170
52 171
12 Repeal of sections 52A to 53C
Sections 52A, 53, 53B and 53C of the Principal
Act are repealed.
13 Section 54 renumbered
5 In section 54 of the Principal Act, for "54"
substitute "172".
14 Repeal of sections 54A to 56
Sections 54A, 55 and 56 of the Principal Act are
repealed.
10 15 New sections inserted at the end of Part 6
At the end of Part 6 of the Principal Act insert--
'Division 2--Legal proceedings
173 Who may bring proceedings for an
offence?
15 (1) The following persons may bring
proceedings for an offence under this Act--
(a) the Regulatory Authority;
(b) a person authorised by the Regulatory
Authority;
20 (c) a police officer.
(2) In a proceeding for an offence against this
Act, it must be presumed, in the absence of
evidence to the contrary, that the person
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bringing the proceeding was authorised to
bring it.
174 When proceedings may be brought
Subject to section 122(6), a proceeding for
5 an offence under this Act must be
commenced within 2 years of the date of the
alleged offence.
175 Offences by bodies corporate
(1) If a body corporate commits an offence
10 against this Act, any person with
management or control of the body corporate
who failed to exercise due diligence to
prevent the contravention that is the subject
of the offence also commits that offence and
15 is liable to the penalty for that offence.
(2) The penalty for an offence referred to in this
section is the penalty applicable to an
individual.
176 Application of Act to partnerships and
20 eligible associations and other entities
(1) If this Act would otherwise require or permit
something to be done by a partnership, the
thing may be done by one or more of the
partners on behalf of the partnership.
25 (2) If this Act would otherwise require or permit
something to be done by an eligible
association, the thing may be done by one or
more of the members of the executive
committee on behalf of the association.
30 (3) If this Act would otherwise require or permit
something to be done by a prescribed entity,
the thing may be done by one or more of the
persons with management or control of the
entity on behalf of the entity.
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(4) An offence against this Act that would
otherwise be committed by the partnership is
taken to have been committed by each
partner who is a person with management or
5 control of the partnership.
(5) An offence against this Act that would
otherwise be committed by an eligible
association is taken to have been committed
by each person who is a person with
10 management or control of the association.
(6) An offence against this Act that would
otherwise be committed by a prescribed
entity is taken to have been committed by
each person who is a person with
15 management or control of that entity.
(7) The penalty for an offence that is taken to be
committed under this section is the penalty
applicable to an individual.
177 Multiple holders of an approval
20 If more than one person holds a provider
approval or service approval under this Act
each holder of the approval is jointly and
severally responsible for compliance with
this Act.
25 178 Immunity--education law
(1) This section applies if the Regulatory
Authority becomes aware of misconduct by a
registered teacher or other person who could
be subject to disciplinary action under an
30 education law.
(2) The Regulatory Authority may refer the
matter to the relevant disciplinary body
under the education law.
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(3) If the Regulatory Authority refers a matter
under subsection (2), a prosecution cannot be
brought under this Act for an offence in
relation to that matter.
5 179 Evidentiary certificates
A certificate purporting to be signed by the
Regulatory Authority and stating any of the
following matters is prima facie evidence of
the matter--
10 (a) a stated document is one of the
following things made, given, issued or
kept under this Act--
(i) an appointment, approval or
decision;
15 (ii) a notice, direction or requirement;
(iii) a register, or an extract from a
register;
(iv) a record, or an extract from a
record;
20 (b) a stated document is another document
kept under this Act;
(c) a stated document is a copy of a
document mentioned in paragraph (a)
or (b);
25 (d) on a stated day, or during a stated
period, a stated person was or was not
an approved provider;
(e) on a stated day, or during a stated
period, a children's service was or was
30 not an approved children's service;
(f) on a stated day, or during a stated
period, an approval was or was not
subject to a stated condition;
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(g) on a stated day, an approval was
suspended or cancelled;
(h) on a stated day, or during a stated
period, an appointment as authorised
5 officer was, or was not, in force for a
stated person;
(i) on a stated day, a stated person was
given a stated notice or direction under
this Act;
10 (j) on a stated day, a stated requirement
was made of a stated person.
Division 3--Service of notices
180 Service of notices
(1) If this Act requires or permits a notice to be
15 served on a person, the notice may be
served--
(a) on an individual by--
(i) delivering it to the individual
personally; or
20 (ii) leaving it at, or by sending it by
post to, the address notified to the
sender by the individual as an
address at which service of notices
under this Act will be accepted or
25 otherwise the address of the place
of residence or business of the
individual last known to the
person serving the document; or
(iii) sending it by facsimile
30 transmission to a facsimile
number notified to the sender by
the individual as an address at
which service of notices under this
Act will be accepted; or
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(iv) sending it by email to an internet
address notified to the sender by
the individual as an address at
which service of notices under this
5 Act will be accepted; or
(b) on a person other than an individual
by--
(i) leaving it at, or by sending it by
post to, the address notified to the
10 sender by the person as an address
at which service of notices under
this Act will be accepted or
otherwise the address of the head
office, a registered office or the
15 principal place of business of the
person; or
(ii) sending it by facsimile
transmission to a facsimile
number notified to the sender by
20 the person as an address at which
service of notices under this Act
will be accepted; or
(iii) sending it by email to an internet
address notified to the sender by
25 the person as an address at which
service of notices under this Act
will be accepted.
(2) Subsection (1) applies whether the word
"deliver", "give", "notify", "send" or "serve"
30 or another expression is used.
(3) Subsection (1) does not affect the power of a
court or tribunal to authorise service of a
notice otherwise than as provided in that
subsection.
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181 Service by post
If a notice authorised or required to be
served (whether the word "deliver", "give",
"notify", "send" or "serve" or another
5 expression is used) on a person is served by
post, service of the notice--
(a) may be effected by properly addressing,
prepaying and posting a letter
containing the document; and
10 (b) in Australia or in an external
Territory--is, unless evidence
sufficient to raise doubt is adduced to
the contrary, taken to have been
effected on the fourth day after the
15 letter was posted; and
(c) in another place--is, unless evidence
sufficient to raise doubt is adduced to
the contrary, taken to have been
effected at the time when the letter
20 would have been delivered in the
ordinary course of the post.
Division 4--False or misleading
information
182 False or misleading information or
25 documents
(1) A person must not give the Regulatory
Authority or an authorised officer under this
Act any information or document that the
person knows is false or misleading in a
30 material particular.
Penalty: 40 penalty units, in the case of an
individual.
200 penalty units, in any other
case.
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(2) Subsection (1) does not apply in respect of
the giving of a document, if the person when
giving the document--
(a) informs the Regulatory Authority or
5 authorised officer, to the best of the
person's ability, how it is false or
misleading; and
(b) gives the correct information to the
Regulatory Authority or authorised
10 officer if the person has, or can
reasonably obtain, the correct
information.
Division 5--Protection from reprisal
183 Definitions
15 In this Division--
protected disclosure means a disclosure of
information or provision of documents
to the Regulatory Authority--
(a) pursuant to a request under this
20 Act; or
(b) where the person making the
disclosure has a reasonable belief
that--
(i) an offence against this Act
25 has been or is being
committed; or
(ii) the safety, health or
wellbeing of a child or
children being educated and
30 cared for by a children's
service is at risk;
serious detrimental action includes
dismissal, involuntary transfer, loss of
promotion and demotion.
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184 Protection from reprisal
(1) A person must not take serious detrimental
action against a person in reprisal for a
protected disclosure.
5 Penalty: 60 penalty units, in the case of an
individual.
300 penalty units, in any other
case.
(2) A person takes serious detrimental action in
10 reprisal for a protected disclosure if--
(a) the person takes or threatens to take the
action because--
(i) a person has made, or intends to
make, a protected disclosure; or
15 (ii) the person believes that a person
has made or intends to make the
protected disclosure; or
(b) the person incites or permits another
person to take or threaten to take the
20 action for either of those reasons.
(3) In determining whether a person takes
serious detrimental action in reprisal, it is
irrelevant whether or not a reason referred to
in subsection (2) is the only or dominant
25 reason as long as it is a substantial reason.
185 Proceedings for damages for reprisal
(1) A person who takes serious detrimental
action against a person in reprisal for a
protected disclosure is liable in damages to
30 that person.
(2) The damages may be recovered in
proceedings as for a tort in any court of
competent jurisdiction.
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(3) Any remedy that may be granted by a court
with respect to a tort, including exemplary
damages, may be granted by a court in
proceedings under this section.
5 (4) The right of a person to bring proceedings
for damages does not affect any other right
or remedy available to the person arising
from the serious detrimental action.
186 Application for injunction or order
10 A person who believes that serious
detrimental action has been taken or may be
taken against him or her in reprisal for a
protected disclosure may apply to the
Supreme Court for--
15 (a) an order requiring the person who has
taken the serious detrimental action to
remedy that action; or
(b) an injunction.
187 Injunction or order
20 (1) If, on receipt of an application under
section 186, the Supreme Court is satisfied
that a person has taken or intends to take
serious detrimental action against a person in
reprisal for a protected disclosure, the court
25 may--
(a) order the person who took the serious
detrimental action to remedy that
action; or
(b) grant an injunction in any terms the
30 court considers appropriate.
(2) The Supreme Court, pending the final
determination of an application under
section 186, may--
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(a) make an interim order in the terms of
subsection (1)(a); or
(b) grant an interim injunction.
Division 6--Miscellaneous matters
5 188 Production of records kept in computers
etc.
If a person who keeps a record of
information by means of a mechanical,
electronic or other device is required by or
10 under this Act--
(a) to produce the information or a
document containing the information to
a court, tribunal or person; or
(b) to make a document containing the
15 information available for inspection by
a court, tribunal or person--
then, unless the court, tribunal or person
otherwise directs--
(c) the requirement obliges the person to
20 produce or make available for
inspection, as the case may be, a
document that reproduces the
information in a form capable of being
understood by the court, tribunal or
25 person; and
(d) the production to the court, tribunal or
person of the document in that form
complies with the requirement.
189 Determining age in years
30 For the purposes of this Act, a person attains
an age in years at the beginning of the
person's birthday for the age.
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Division 7--Approved associated
children's services National Law
provisions not to apply
190 Approved associated children's services,
5 National Law provisions do not apply
The provisions of the National Law that
provide for the authorisation of the operation
of associated children's services and any
other provisions relating to associated
10 children's services do not apply in this State.
Division 8--Regulations
191 Regulations
(1) The Governor in Council may make
regulations for the purposes of this Act.
15 (2) The regulations may provide for any matter
that is required or permitted to be prescribed
or necessary or convenient to be prescribed
for carrying out or giving effect to this Act.
(3) Without limiting subsection (1), the
20 regulations may provide for the following--
(a) fees (including application fees and
annual fees) for--
(i) approvals under this Act; and
(ii) other things done under this Act;
25 (b) requirements for educational programs,
including the quality of those programs
and their development, documentation
and delivery;
(c) requirements to be complied with for
30 the safety, health and wellbeing of
children being educated and cared for
by a children's service;
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(d) requirements to be complied with for
safety, security, cleanliness, comfort,
hygiene and repair of premises, outdoor
spaces, fencing, gates, resources and
5 equipment used for providing children's
services;
(e) requirements about the premises to be
used to provide a children's service
including siting, design, layout, space,
10 security and entitlement to occupy;
(f) requirements for the staffing of
children's services including the
recruitment (and conduct of criminal
history or other security checks) and the
15 appointment of staff, performance
improvement, professional standards,
professional development, numbers and
qualifications of educators (including
minimum age and requirements
20 concerning groups of children of
different ages and composition) and
staffing rosters and arrangements;
(g) requirements about educators'
relationships with children, interactions
25 and behaviour guidance and inclusion
policies and practice for children's
services;
(h) requirements for partnerships between
children's services and the community
30 in which they are located and the
families of children being educated and
cared for by children's services,
including requirements for services to
link to other support services for
35 children and families;
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(i) requirements as to the leadership and
management of children's services
including governance and fitness and
propriety of all staff members and
5 volunteers, management of grievances
and complaints and the provision of
information to families;
(j) the records, policies and procedures to
be kept by approved providers
10 including enrolment and attendance
information;
(k) requirements about first aid and
management of children's medical
conditions including--
15 (i) the training of educators and staff
members; and
(ii) plans, policies and procedures
used to manage medical
conditions and first aid; and
20 (iii) the keeping and storage of first aid
kits and medications;
(l) information required to be submitted
for applications made under this Act;
(m) requirements for the provision and
25 display of information by approved
providers;
(n) the publication of information about
enforcement actions taken under this
Act, including notice and review of
30 proposals to publish information;
(o) matters relating to the application of
this Act to partnerships, eligible
associations or prescribed entities;
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(p) requirements relating to the receipt and
payment and distribution of fees and
monetary penalties payable under this
Act.
5 (4) The regulations--
(a) may exempt any children's service or
any type or class of children's service
from complying with all or any of the
regulations; and
10 (b) may impose penalties not exceeding
10 penalty units for offences against the
regulations.
192 Matters for which regulations or other
statutory instruments may make provision
15 (1) If this Act authorises or requires the making
of a regulation or other statutory instrument
in relation to a matter, a regulation or other
statutory instrument made under this Act
may make provision for the matter by
20 applying, adopting or incorporating (with or
without modification) the provisions of--
(a) an Act, regulation or other statutory
instrument; or
(b) another document (whether of the same
25 or a different kind)--
as in force at a particular time or as in force
from time to time.
(2) If a regulation or other statutory instrument
applies, adopts or incorporates the provisions
30 of a document, the regulation or other
statutory instrument applies, adopts or
incorporates the provisions as in force from
time to time, unless the regulation or other
statutory instrument otherwise expressly
35 provides.
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(3) A regulation or other statutory instrument
may--
(a) apply generally throughout this
jurisdiction or be limited in its
5 application to a particular part of this
jurisdiction; or
(b) apply generally to all persons, matters
or things or be limited in its application
to--
10 (i) particular persons, matters or
things; or
(ii) particular classes of persons,
matters or things; or
(c) otherwise apply generally or be limited
15 in its application by reference to
specified exceptions or factors.
(4) A regulation or other statutory instrument
may--
(a) apply differently according to different
20 specified factors; or
(b) otherwise make different provision in
relation to--
(i) different persons, matters or
things; or
25 (ii) different classes of persons,
matters or things; or
(iii) the type or class of children's
service and the ages of children
being educated and cared for by a
30 service.
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(5) A regulation or other statutory instrument
may authorise a matter or thing to be from
time to time determined, applied, dispensed
with or regulated by a specified person or
5 body.
(6) If this Act authorises or requires a matter to
be regulated by regulation or other statutory
instrument, the power may be exercised by
prohibiting by regulation or other statutory
10 instrument the matter or any aspect of the
matter.
(7) If this Act authorises or requires provision to
be made with respect to a matter by
regulation or other statutory instrument, a
15 regulation or other statutory instrument made
under this Act may make provision with
respect to a particular aspect of the matter
despite the fact that provision is made by this
Act in relation to another aspect of the matter
20 or in relation to another matter.
(8) A regulation or other statutory instrument
may provide for the review of, or a right of
appeal against, a decision made under the
regulation, other statutory instrument, or this
25 Act, and may, for that purpose, confer
jurisdiction on any court, tribunal, person or
body.
(9) A regulation or other statutory instrument
may require a form prescribed by or under
30 the regulation or other statutory instrument,
or information or documents included in,
attached to or given with the form, to be
verified by statutory declaration.'.
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16 Substitution of Parts 7 and 8
For Parts 7 and 8 of the Principal Act
substitute--
'Part 7--Transitional provisions--
5 Children's Services Amendment
Act 2019
Division 1--Preliminary
193 Definitions
In this Part--
10 commencement day means the day on which
the 2019 Act comes into operation;
old Act means this Act as in force
immediately before the commencement
day;
15 old approved associated children's service
means a children's service that was an
approved associated children's service
under the National Law immediately
before the commencement day;
20 old licence means a licence to operate a
children's service issued under the old
Act and in force immediately before the
commencement day which authorises
the operation of a children's service;
25 old person in charge, in relation to a
transitioned children's service, means a
person who was, immediately before
the commencement day, a nominee for
that service within the meaning of
30 nominee in the old Act, but does not
include an old primary nominee for that
service;
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old primary nominee, in relation to a
transitioned children's service, means
the person who was, immediately
before the commencement day, the
5 primary nominee for that service within
the meaning of primary nominee in the
old Act;
transition period, in relation to an old
approved associated children's service,
10 means the period commencing on the
commencement day and ending at the
end of the day immediately preceding
the day that is 2 years after the
commencement day;
15 transitioned children's service means a
children's service provided under an old
licence in respect of which the licence
holder, under Division 2, is taken to
hold a provider approval and a service
20 approval under this Act;
2019 Act means the Children's Services
Amendment Act 2019.
Division 2--Old licences
194 Status of old licences
25 (1) On and from the commencement day, a
person who was the holder of an old
licence--
(a) is taken to hold a provider approval in
respect of the children's service for
30 which the person held the licence; and
(b) is taken to hold a service approval for
the children's service for which the
person held the licence.
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(2) A person who is taken to hold a provider
approval in respect of a children's service
under subsection (1)(a) must notify the
Regulatory Authority of the name and
5 contact details of each person with
management or control of the children's
service.
(3) A notice under subsection (2) must be given
no more than 30 days after the
10 commencement day.
(4) This Act applies to a provider approval and
to a service approval that a person is taken to
hold under subsection (1) as if--
(a) the provider approval and service
15 approval had been granted under this
Act; and
(b) as if the provider approval and service
approval had been granted on the
commencement day.
20 195 Suspended licences
If an old licence which is taken to be a
provider approval and service approval under
section 194 was suspended immediately
before the commencement day under the old
25 Act--
(a) the provider approval and service
approval are taken to be suspended for
the remainder of the period for which
the old licence was suspended under the
30 old Act; and
(b) this Act applies to the suspension of the
provider approval and service approval
as if the approvals were suspended
under this Act.
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196 Old licences held by trusts
(1) If, immediately before the commencement
day, the holder of the old licence was a trust,
the trustee or trustees of the trust are taken to
5 be the approved provider of the children's
service under section 194.
(2) The trust must, within 30 days after the
commencement day, notify the Regulatory
Authority of the identity of the trustee or
10 trustees of the trust.
(3) If the notice is not given under subsection (2)
within the required period, each trustee of
the trust ceases to be an approved provider
under this section at the end of that period.
15 197 Conditions on old licences
(1) If, under this Division, a person is taken to
hold a provider approval, any conditions of
the old licence relating to that person are
taken to be conditions of the provider
20 approval, unless inconsistent with this Act.
(2) If, under this Division, a person is taken to
hold a service approval, any conditions of
the old licence relating to the children's
service are taken to be conditions of the
25 service approval, unless inconsistent with
this Act.
198 Copies of approvals to be given
(1) The Regulatory Authority must, within
6 months after the commencement day, give
30 to each person who is taken to be the holder
of a provider approval under this Division a
copy of the provider approval setting out the
matters listed in section 20.
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(2) The Regulatory Authority must, within
6 months after the commencement day, give
to each person who is taken to be the holder
of a service approval under this Division a
5 copy of the service approval setting out the
matters listed in section 51.
199 Existing multiple licences to merge
If, immediately before the commencement
day, the holder of an old licence held more
10 than one old licence in respect of the same
premises, the old licences are taken to be one
service approval in respect of those premises
for the purposes of this Act.
Division 3--Approved associated
15 children's services
200 Transitional arrangements for old
approved associated children's services
(1) Despite the commencement of section 190,
for the transition period an old approved
20 associated children's service may continue to
operate as if section 190 had not been
enacted.
(2) The provisions of this Act apply to an old
approved associated children's service
25 operating under subsection (1) as if--
(a) the old approved associated children's
service were an approved children's
service under this Act; and
(b) the approved provider of the old
30 approved associated children's service
under the National Law were the
approved provider under this Act; and
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(c) the person who was the nominated
supervisor of the old approved
associated children's service under the
National Law were the nominated
5 supervisor under this Act.
201 Cessation of application of section 200
On and from the day that is 2 years after the
commencement day section 200 ceases to
apply to old approved associated children's
10 services.
Division 4--Exemptions from
requirements of the old Act
202 Individual service exemptions
(1) This section applies in respect of the holder
15 of an old licence for a children's service that
was not required to comply with a
requirement of the old Act under a relevant
declaration immediately before the
commencement day.
20 (2) The children's service is taken to comply
with an equivalent requirement of this Act--
(a) for the period of 6 months from the
commencement day; or
(b) if the holder of the old licence applies
25 to the Regulatory Authority under this
Act for a temporary waiver or service
waiver under this Act in respect of that
requirement and the application is
received by the Regulatory Authority
30 on or before the expiry of the 6-month
period, to the date on which the
application is finally determined under
this Act.
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(3) In this section--
relevant declaration, in relation to a
children's service, means--
(a) a declaration made under
5 section 29A of the old Act
specifically in respect of the
children's service; or
(b) a declaration made under
section 6(1) of the old Act
10 specifically in respect of the
children's service.
203 General service exemptions
On and from the commencement day, a
declaration in respect of a specified type of
15 service under section 6 or 29A of the old Act
that was in force immediately before the
commencement day, is taken to continue in
force--
(a) as if the declaration applied to the
20 equivalent requirement of this Act as in
force on and from the commencement
day; and
(b) unless sooner revoked, for the
remainder of the period for which it
25 was specified to remain in force in the
notice of the declaration.
Division 5--Applications
204 Existing applications
(1) On and from the commencement day, a
30 person who applied for an old licence under
the old Act whose application is on foot
immediately before the commencement day
is taken to have applied under this Act for a
provider approval and a service approval.
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(2) To avoid doubt, the Regulatory Authority
has all the powers under this Act to deal with
the application as if it were an application
under this Act.
5 (3) This section does not apply if the applicant is
a prescribed ineligible person.
Division 6--Nominated supervisors and
other persons
205 Nominated supervisors
10 (1) On and from the commencement day, an old
primary nominee of a transitioned children's
service is taken to be the nominated
supervisor for that service.
(2) Subsection (1) ceases to apply if--
15 (a) the approved provider does not confirm
the nomination within a time specified
by the Regulatory Authority after being
requested in writing to do so by the
Regulatory Authority; or
20 (b) the person advises the Regulatory
Authority in writing that the person
does not consent to being the
nominated supervisor of the children's
service.
25 206 Persons in day-to-day charge
(1) On and from the commencement day, an old
person in charge of a transitioned children's
service is taken to be a person in day-to-day
charge for that service.
30 (2) Subsection (1) ceases to apply if another
person is placed in day-to-day charge of the
service under the regulations.
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Division 7--Miscellaneous matters
207 Notices to comply
(1) On and from the commencement day, an old
Act compliance notice in force immediately
5 before the commencement day is taken to be
a compliance notice under this Act.
(2) In this section--
old Act compliance notice means a notice
issued under section 43 or 43A of the
10 old Act.
208 Disclosure of information
For the purposes of section 166, information
that may be disclosed by the Regulatory
Authority includes information obtained or
15 kept by the Regulatory Authority under the
old Act.
209 Keeping of old information
(1) A person who was the proprietor of a
children's service immediately before the
20 commencement day must--
(a) keep the prescribed records about the
children's service for the prescribed
period; or
(b) within the prescribed period after the
25 commencement day, transfer the
prescribed records about the children's
service to the approved provider.
Penalty: 15 penalty units, in the case of an
individual.
30 125 penalty units, in any other
case.
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(2) A person who was the holder of an old
licence immediately before the
commencement day must keep the
prescribed records about the children's
5 service to which the licence applied for the
prescribed period.
Penalty: 15 penalty units, in the case of an
individual.
125 penalty units, in any other
10 case.
(3) An approved provider to whom records are
transferred under subsection (1)(b) must
keep the prescribed records for the
prescribed period.
15 Penalty: 15 penalty units, in the case of an
individual.
125 penalty units, in any other
case.
(4) A person who is required to keep records
20 under this section must make the records
available to the Regulatory Authority on
being requested to do so by the Regulatory
Authority in the prescribed manner.
Penalty: 15 penalty units, in the case of an
25 individual.
125 penalty units, in any other
case.
210 Regulation making powers
(1) The Governor in Council may make
30 regulations providing for matters of a
transitional nature, including matters of an
application or saving nature required,
necessary or convenient to be made as a
result of the enactment of the 2019 Act, other
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than in relation to any matter provided for in
this Part.
(2) A regulation made under subsection (1)
may--
5 (a) have retrospective effect to the
commencement day; and
(b) be of a general or limited application;
and
(c) differ according to time, place or
10 circumstance; and
(d) leave any matter or thing to be
determined by the Regulatory
Authority; and
(e) exempt any person or class of person
15 from complying with the regulation.
(3) To the extent to which any provision of the
regulations under this section takes effect
from a date that is earlier than the date of its
making, the provision does not operate so
20 as--
(a) to affect, in a manner prejudicial to any
person (other than the State or an
authority of the State), the rights of that
person existing before the date of its
25 making; or
(b) to impose liabilities on any person
(other than the State or an authority of
the State) in respect of anything done or
omitted to be done before the date of its
30 making.
(4) Sections 6 and 7 of the Subordinate
Legislation Act 1994 do not apply to any
regulations made under this section.
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(5) This section expires on the second
anniversary of the day on which it comes
into operation.".
17 Insertion of Schedule
5 At the end of the Principal Act insert--
"Schedule 1--Powers of entry by
search warrant
1 Application for warrant
(1) An authorised officer may apply to a
10 magistrate for a search warrant in relation to
premises if the officer believes on reasonable
grounds that--
(a) a person is or has been operating a
children's service at the premises in
15 contravention of this Act; or
(b) documents or other evidence relevant to
the possible commission of an offence
against this Act are present at the
premises.
20 (2) The authorised officer must prepare a written
application that states the grounds on which
the warrant is sought.
(3) The written application must be sworn.
(4) The magistrate may refuse to consider the
25 application until the authorised officer gives
the magistrate all the information the
magistrate requires about the application in
the way the magistrate requires.
2 Issue of warrant
30 (1) The magistrate may issue the warrant in
respect of premises only if the magistrate is
satisfied there are reasonable grounds to
believe that--
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(a) a person is operating a children's
service at the premises in contravention
of this Act; or
(b) documents or other evidence relevant to
5 the possible commission of an offence
against this Act are present at the
premises.
(2) The warrant must state--
(a) that a stated authorised officer may,
10 with necessary and reasonable help and
force--
(i) enter the premises and any other
premises necessary for entry; and
(ii) exercise the authorised officer's
15 powers under this Schedule; and
(b) the matter for which the warrant is
sought; and
(c) the evidence that may be seized under
the warrant; and
20 (d) the hours of the day or night when the
premises may be entered; and
(e) the date, within 14 days after the
warrant's issue, the warrant ends.
3 Application by electronic communication
25 (1) An authorised officer may apply for a
warrant by phone, facsimile, email, radio,
video conferencing or another form of
communication if the authorised officer
considers it necessary because of--
30 (a) urgent circumstances; or
(b) other special circumstances, including
the authorised officer's remote location.
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(2) The application--
(a) may not be made before the authorised
officer prepares the written application
under clause 1(2); but
5 (b) may be made before the written
application is sworn.
(3) The magistrate may issue the warrant
(the original warrant) only if the magistrate
is satisfied--
10 (a) it was necessary to make the
application under subclause (1); and
(b) the way the application was made under
subclause (1) was appropriate.
(4) After the magistrate issues the original
15 warrant--
(a) if there is a reasonably practicable way
of immediately giving a copy of the
warrant to the authorised officer, for
example, by sending a copy by
20 facsimile or email, the magistrate must
immediately give a copy of the warrant
to the authorised officer; or
(b) otherwise--
(i) the magistrate must tell the
25 authorised officer the date and
time the warrant is issued and the
other terms of the warrant; and
(ii) the authorised officer must
complete a form of warrant
30 including by writing on it--
(A) the magistrate's name; and
(B) the date and time the
magistrate issued the
warrant; and
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(C) the other terms of the
warrant.
(5) The copy of the warrant referred to in
subclause (4)(a), or the form of warrant
5 completed under subclause (4)(b) (in either
case the duplicate warrant), is a duplicate of,
and as effectual as, the original warrant.
(6) The authorised officer must, at the first
reasonable opportunity, send to the
10 magistrate--
(a) the written application complying with
clause 1(2) and (3); and
(b) if the authorised officer completed a
form of warrant under subclause (4)(b),
15 the completed form of warrant.
(7) The magistrate must keep the original
warrant and, on receiving the documents
under subclause (6), file the original warrant
and documents in the court.
20 (8) Despite subclause (5), if--
(a) an issue arises in a proceeding about
whether an exercise of a power was
authorised by a warrant issued under
this clause; and
25 (b) the original warrant is not produced in
evidence--
the onus of proof is on the person relying on
the lawfulness of the exercise of the power to
prove a warrant authorised the exercise of
30 the power.
(9) This clause does not limit clause 1.
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4 Procedure before entry under warrant
(1) Before entering premises under a warrant, an
authorised officer must do or make a
reasonable attempt to do the following--
5 (a) identify himself or herself to a person
present at the premises who is an
occupier of the premises by producing
the authorised officer's identity card;
(b) give the person a copy of the warrant;
10 (c) tell the person the authorised officer is
permitted by the warrant to enter the
premises;
(d) give the person an opportunity to allow
the authorised officer immediate entry
15 to the premises without using force.
(2) However, the authorised officer need not
comply with subclause (1) if the authorised
officer reasonably believes that immediate
entry to the premises is required to ensure
20 the effective execution of the warrant is not
frustrated.
5 Powers after entering premises
(1) This clause applies if an authorised officer
enters premises under clause 4.
25 (2) The authorised officer may for the purposes
of the investigation do the following--
(a) search any part of the premises;
(b) inspect, measure, test, photograph or
film, or make audio recordings of, any
30 part of the premises or anything at the
premises;
(c) take a thing, or a sample of or from a
thing, at the premises for analysis,
measurement or testing;
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(d) copy, or take an extract from, a
document, at the premises;
(e) take into or onto the premises any
person, equipment and materials the
5 authorised officer reasonably requires
for exercising a power under this
Schedule;
(f) require the occupier of the premises, or
a person at the premises, to give the
10 authorised officer reasonable help to
exercise the authorised officer's powers
under paragraphs (a) to (e);
(g) require the occupier of the premises, or
a person at the premises, to give the
15 authorised officer information to help
the authorised officer in conducting the
investigation.".
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Part 3--Amendments of other Acts
Part 3--Amendments of other Acts
18 Consequential amendment of the Education and
Training Reform Act 2006
For section 2.6.60A(6) of the Education and
5 Training Reform Act 2006 substitute--
"(6) In this section--
waiver means--
(a) a service waiver or temporary
waiver under the Children's
10 Services Act 1996 that exempts a
children's service from
requirements under that Act for
attendance of early childhood
teachers; or
15 (b) a service waiver or temporary
waiver under the Education and
Care Services National Law
(Victoria) that exempts an
education and care service from
20 requirements under that Law for
attendance of early childhood
teachers.".
19 Consequential amendment of the Children, Youth
and Families Act 2005
25 For section 182(1)(f) of the Children, Youth and
Families Act 2005 substitute--
"(f) on and from the relevant date, the approved
provider or nominated supervisor of or a
person with a post-secondary qualification in
30 the care, education or minding of children
who is employed or engaged by, a children's
service within the meaning of the Children's
Services Act 1996;".
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Children's Services Amendment Bill 2019
Part 3--Amendments of other Acts
20 Consequential amendment of the Child Wellbeing
and Safety Act 2005
(1) In section 46A of the Child Wellbeing and
Safety Act 2005--
5 (a) insert the following definition--
"approved children's service has the same
meaning as in the Children's Services
Act 1996;";
(b) for the definition of approved provider
10 substitute--
"approved provider--
(a) in relation to an approved
education and care service, has the
same meaning as in section 5(1) of
15 the Education and Care Services
National Law (Victoria); and
(b) in relation to an approved
children's service, has the same
meaning as in the Children's
20 Services Act 1996;";
(c) in the definition of relevant service, for
paragraph (e) substitute--
"(e) an approved children's service; or".
(2) In section 46C(2) of the Child Wellbeing and
25 Safety Act 2005, in paragraph (c) of the definition
of first contact, for "a licensed children's service"
substitute "an approved children's service".
(3) For section 46I(1)(f) of the Child Wellbeing and
Safety Act 2005 substitute--
30 "(f) an approved provider of an approved
children's service;".
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Children's Services Amendment Bill 2019
Part 3--Amendments of other Acts
(4) In section 46K of the Child Wellbeing and
Safety Act 2005--
(a) in subsection (1)(n), for "a licensed
children's service who is authorised in
5 writing by the licensee of the service"
substitute "an approved children's service
who is authorised in writing by the approved
provider of the service";
(b) in subsection (2), for "licensed children's
10 service" substitute "approved children's
service".
(5) In section 46L(4) of the Child Wellbeing and
Safety Act 2005--
(a) for "A licensee of a licensed children's
15 service" substitute "An approved provider
of an approved children's service";
(b) for "the licensee" substitute "the approved
provider";
(c) for "the licensed children's service"
20 substitute "the approved children's service".
(6) For item 6 of Schedule 1 to the Child Wellbeing
and Safety Act 2005 substitute--
"6 An approved provider of an approved
children's service within the meaning of the
25 Children's Services Act 1996.".
(7) In Column 1 of item 17 of Schedule 6 to the Child
Wellbeing and Safety Act 2005--
(a) for "a licensed children's service" substitute
"an approved children's service";
30 (b) for "the licensee" substitute "the approved
provider".
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Children's Services Amendment Bill 2019
Part 3--Amendments of other Acts
21 Consequential amendment of the Public Health and
Wellbeing Act 2008
In section 3(1) of the Public Health and
Wellbeing Act 2008, in paragraph (b) of the
5 definition of early childhood service, for
"a service that is licensed" substitute "a children's
service that is approved".
22 Consequential amendment of the Tobacco Act 1987
In section 3 of the Tobacco Act 1987, for the
10 definition of children's service premises
substitute--
"children's service premises has the same
meaning as in the Children's Services
Act 1996;".
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Children's Services Amendment Bill 2019
Part 4--Repeal of this Act
Part 4--Repeal of this Act
23 Repeal of this Act
This Act is repealed on 18 May 2021.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
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Children's Services Amendment Bill 2019
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
591103B.I-27/8/2019 166 BILL LA INTRODUCTION 27/8/2019
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