CHILDREN'S SERVICES ACT 1996

Victorian Current Acts

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CHILDREN'S SERVICES ACT 1996

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3A. Meaning of person with management or control
4. Act to bind the Crown
5. Non-application of this Act
6. Exemption
7. Extraterritorial operation of Law
8. Objectives and guiding principles
9. How functions exercised

PART 2--PROVIDER APPROVAL

Division 1--Application for provider approval

10. Application for provider approval
11. Form of application
12. Applicant must be fit and proper person
13. Matters to be taken into account in assessing whether fit and proper person
14. Regulatory Authority may seek further information
15. Grant or refusal of provider approval
16. National Law approved providers, granting of provider approvals
17. National Law approved providers, transfers of provider approvals
18. Duration and effect of provider approval
19. Conditions on provider approval
20. Copy of provider approval

Division 2--Reassessment

21. Reassessment of fitness and propriety

Division 3--Amendment of provider approvals

22. Amendment of provider approval on application
23. Amendment of provider approval by Regulatory Authority
24. Copy of amended provider approval to be provided

Division 4--Suspension or cancellation of provider approval

25. Grounds for suspension of provider approval
26. Show cause notice before suspension
27. Decision to suspend after show cause process
28. Suspension without show cause notice
29. Notice and taking effect of suspension
30. Effect of suspension
31. Grounds for cancellation of provider approval
32. Show cause notice before cancellation
33. Decision in relation to cancellation
34. Effect of cancellation
35. Approved provider to provide information to Regulatory Authority
36. Notice to parents of suspension or cancellation
37. Voluntary suspension of provider approval
38. Surrender of provider approval by approved provider

Division 5--Approval of executor, representative or guardian as approved provider

39. Death of approved provider
40. Incapacity of approved provider
41. Decision on application

PART 3--SERVICE APPROVAL

Division 1--Application for service approval

42. Application for service approval
43. Form of application
44. Regulatory Authority may seek further information
45. Investigation of application for service approval
46. Determination of application
47. Grant or refusal of service approval
48. Grounds for refusal
49. Notice of decision on application
50. Conditions on service approval
51. Copy of service approval to be provided
52. Annual fee

Division 2--Amendment of service approval

53. Amendment of service approval on application
54. Amendment of service approval by Regulatory Authority
55. Notice of addition of nominated supervisor
56. Notice of change of a nominated supervisor's name or contact details
57. Copy of amended service approval to be provided

Division 3--Transfer of service approval

58. Service approval may be transferred
59. Regulatory Authority to be notified of transfer
59A. Further notification required in case of delay to transfer date
60. Consent of Regulatory Authority required for transfer
61. Consent taken to be given unless Regulatory Authority intervenes
62. Transfer may be subject to intervention by Regulatory Authority
63. Effect of intervention
64. Regulatory Authority may request further information
65. Decision after intervention
66. Regulatory Authority to notify outcome 10 days before transfer
67. Transfer of service approval without consent is void
67A. Request for earlier transfer date after consent given to transfer
68. Confirmation of transfer
69. Notice to parents

Division 4--Suspension or cancellation of service approval

70. Grounds for suspension of service approval
71. Show cause notice before suspension
72. Decision in relation to suspension
73. Suspension of service approval without show cause
74. Notice and effect of decision
75. Transfer of suspended service
76. Grounds for cancellation of service approval
77. Show cause notice before cancellation
78. Decision in relation to cancellation
79. Application for transfer of cancelled service
80. Decision on application to transfer cancelled service
81. Approved provider to provide information to Regulatory Authority
82. Notice to parents of suspension or cancellation
83. Voluntary suspension of service approval
84. Surrender of service approval

Division 5--Application for service waiver

85. Application for service waiver for service
86. Form of application
87. Powers of Regulatory Authority in considering application
88. Matters to be considered
89. Decision on application
90. Revocation of service waiver
91. Effect of service waiver

Division 6--Temporary waiver

92. Application for temporary waiver
93. Form of application
94. Regulatory Authority may seek further information
95. Special circumstances
96. Decision on application
97. Revocation of temporary waiver
98. Effect of temporary waiver

Division 7--Offences

99. Offence to provide a children's service without service approval
100. Offence to advertise children's service without service approval

PART 4--OPERATING A CHILDREN'S SERVICE

101. Offence to operate children's service without nominated supervisor
102. Offence for nominated supervisor not to meet prescribed minimum requirements
103. Offence to operate children's service unless responsible person is present
104. Persons in day-to-day charge and nominated supervisors to have child protection training
105. Offence to inadequately supervise children
106. Offence to use inappropriate discipline
107. Offence relating to protection of children from harm and hazards
108. Offence relating to required programs
109. Offence relating to staffing arrangements
110. Offence relating to unauthorised persons on children's service premises
111. Offence relating to direction to exclude inappropriate persons from children's service premises
112. Offence to fail to display prescribed information
113. Offence to fail to notify certain circumstances to Regulatory Authority
114. Offence to fail to notify certain information to Regulatory Authority
115. Offence relating to requirement to keep enrolment and other documents

PART 5--COMPLIANCE WITH THIS ACT

Division 1--Notices

116. Compliance directions
117. Compliance notices
118. Emergency action notices

Division 2--Enforceable undertakings

119. Enforceable undertakings
120. Certain actions prohibited while undertaking is in force
121. Certain actions prohibited if undertaking is complied with
122. Failure to comply with enforceable undertakings

Division 3--Prohibition notices

123. Grounds for giving prohibition notice
124. Show cause notice to be given before prohibition notice
125. Deciding whether to give prohibition notice
126. Content of prohibition notice
127. Cancellation of prohibition notice
128. Person must not contravene prohibition notice
129. Offence to engage person to whom prohibition notice applies
130. False or misleading information about prohibition notice

Division 4--Emergency removal of children

131. Emergency removal of children

PART 5A--REVIEW

Division 1--Internal review

132. Reviewable decision—internal review
133. Internal review of reviewable decisions

Division 2--External review

134. Reviewable decision—external review
135. Application for review of decision of the Regulatory Authority

PART 5B--MONITORING AND ENFORCEMENT

Division 1--Authorised officers

136. Authorisation of authorised officers
137. Identity card

Division 2--Powers of entry

138. Powers of entry for assessing and monitoring approved children's service
139. Powers of entry for investigating approved children's service
140. Powers of entry to business premises
141. Entry to premises without search warrant
142. Entry to premises with search warrant
143. Seized items
144. Magistrates' Court may extend period

Division 3--Other powers

145. Power to require name and address
146. Power to require evidence of age, name and address of person
147. Power of authorised officers to obtain information documents and evidence

Division 4--Offences relating to enforcement

148. Offence to obstruct authorised officer
149. Offence to fail to assist authorised officer
150. Offence to destroy or damage notices or documents
151. Offence to impersonate authorised officer
152. Protection against self-incrimination
153. Warning to be given
154. Occupier's consent to search

Division 5--Powers of Regulatory Authority

155. Power of Regulatory Authority to obtain information, documents and evidence by notice
156. Power of Regulatory Authority to obtain information, documents and evidence at children's service
157. Offence to fail to comply with notice or requirement
158. Offence to hinder or obstruct Regulatory Authority
159. Self-incrimination not an excuse

PART 5C--REGULATORY AUTHORITY

160. Functions of Regulatory Authority
161. Powers of Regulatory Authority
162. Delegations

PART 5D--INFORMATION, RECORDS AND PRIVACY

Division 1--Registers

163. Register of approved providers
164. Register of children's services

Division 2--Publication of information

165. Publication of information

Division 3--Disclosure of information

166. Disclosure of information to other authorities
167. Disclosure of information to approved providers
168. Duty of confidentiality

PART 6--MISCELLANEOUS

Division 1--Administration

169. Power to fund children's services
170. Guidelines
171. Ministerial delegation
172. Immunity

Division 2--Legal proceedings

173. Who may bring proceedings for an offence?
174. When proceedings may be brought
175. Offences by bodies corporate
176. Application of Act to partnerships and eligible associations and other entities
177. Multiple holders of an approval
178. Immunity—education law
178A. Infringement offences
179. Evidentiary certificates

Division 3--Service of notices

180. Service of notices
181. Service by post

Division 4--False or misleading information

182. False or misleading information or documents

Division 5--Protection from reprisal

183. Definitions
184. Protection from reprisal
185. Proceedings for damages for reprisal
186. Application for injunction or order
187. Injunction or order

Division 6--Miscellaneous matters

188. Production of records kept in computers etc.
189. Determining age in years

Division 7--Approved associated children's services National Law provisions not to apply

190. Approved associated children's services, National Law provisions do not apply

Division 8--Regulations

191. Regulations
192. Matters for which regulations or other statutory instruments may make provision

PART 7--TRANSITIONAL PROVISIONS--CHILDREN'S SERVICES AMENDMENT ACT 2019

Division 1--Preliminary

193. Definitions

Division 2--Old licences

194. Status of old licences
195. Suspended licences
196. Old licences held by trusts
197. Conditions on old licences
198. Copies of approvals to be given
199. Existing multiple licences to merge

Division 3--Approved associated children's services

200. Transitional arrangements for old approved associated children's services
201. Cessation of application of section 200

Division 4--Exemptions from requirements of the old Act

202. Individual service exemptions
203. General service exemptions

Division 5--Applications

204. Existing applications

Division 6--Nominated supervisors and other persons

205. Nominated supervisors
206. Persons in day-to-day charge

Division 7--Miscellaneous matters

207. Notices to comply
208. Disclosure of information
209. Keeping of old information

PART 8--TRANSITIONAL PROVISIONS--EARLY CHILDHOOD LEGISLATION AMENDMENT ACT 2022

210. Service approvals subject to the Child Safe Standards condition
211. Transitional provision—Notification of persons with management or control of a children's service
212. Transitional provision—assessment of provider approval applications
SCHEDULE 1
ENDNOTES

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