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CHILD CARE SERVICES ACT 2007


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

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

   PART 2 -- Licensing of child care services

           Division 1 -- Licence requirement  

   9.      Providing child care service without licence, offence

           Division 2 -- Licence application process  

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

           Division 3 -- Grant of licence  

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

           Division 4 -- Licence conditions  

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

           Division 5 -- Duration and renewal of licence  

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

           Division 6 -- Disciplinary matters  

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

           Division 7 -- Review of licensing decisions  

   30.     Applying for review by SAT

           Division 8 -- General  

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

   PART 3 -- Administration  

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

   PART 4 -- Compliance and enforcement

           Division 1 -- General powers  

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

           Division 2 -- Entry warrants  

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

           Division 3 -- Compliance notices  

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

           Division 4 -- Proceedings and evidence  

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

   PART 5 -- Other matters  

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

   PART 6 -- Transitional provisions

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

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

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

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


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