Child Care Act 2002 (Qld)
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Queensland Child Care Act 2002 Current as at 12 November 2012
Information about this reprint This Act is reprinted as at 12 November 2012. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including table of corrected minor errors. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Child Care Act 2002 Contents Part 1 Division 1 1 2 Division 2 3 4 5 6 Division 3 7 8 9 Part 2 Division 1 10 11 12 13 14 15 Division 2 16 17 Division 3 18 19 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Meaning of child care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Meaning of child care service. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Note in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Application, object and guiding principles Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Licensing of child care services Licensing generally Types of child care service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Licence for centre based service . . . . . . . . . . . . . . . . . . . . . . . . . 15 Licence for home based service. . . . . . . . . . . . . . . . . . . . . . . . . . 16 More than 1 licence or licensee . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Form of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Requirement to operate child care service under a licence Conducting a child care service without a licence . . . . . . . . . . . . 17 Contravening a licence condition . . . . . . . . . . . . . . . . . . . . . . . . . 17 Process for issue or renewal of licence Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Issue of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Child Care Act 2002 Contents 20 21 22 Division 4 23 24 25 26 27 28 29 30 31 Division 5 32 33 Division 6 34 35 Division 7 36 37 38 39 Division 8 40 41 42 43 44 Division 9 45 46 47 48 Provisional licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lapsing of application for renewal . . . . . . . . . . . . . . . . . . . . . . . . Bases for making licensing decisions Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suitability of licensee and related persons . . . . . . . . . . . . . . . . . . Prescribed notices or exemption notices for carers and staff members ..................................... Suitability of child care centre and facilities . . . . . . . . . . . . . . . . . Suitability of homes and facilities . . . . . . . . . . . . . . . . . . . . . . . . . Aboriginal or Torres Strait Islander children . . . . . . . . . . . . . . . . . Other criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licensed capacity of centre based service Licensed capacity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nominee for licence held by corporation Appointment of nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purposes and effect of appointment of nominee . . . . . . . . . . . . . Licence held by parents and citizens association Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Association may hold licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of this Act to an association . . . . . . . . . . . . . . . . . . . . Contravention of this Act by an association . . . . . . . . . . . . . . . . . Amendment of licence Amendment of licence on application. . . . . . . . . . . . . . . . . . . . . . Restrictions on amendment of licence on application . . . . . . . . . Amendment of licence by chief executive. . . . . . . . . . . . . . . . . . . Urgent amendment of licence by chief executive . . . . . . . . . . . . . Amendment of licence to update details . . . . . . . . . . . . . . . . . . . Suspension or revocation of licence Suspension or revocation of licence. . . . . . . . . . . . . . . . . . . . . . . Urgent suspension of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licensee must return suspended or revoked licence . . . . . . . . . . Page 2 19 19 20 21 21 22 22 23 23 24 24 25 25 27 27 28 29 29 29 30 30 31 31 32 32 33 35 36 36
49 50 50A Division 9A 50B 50C 50D 50E 50F 50G Division 10 51 52 53 Division 11 54 55 Part 3 Division 1 56 57 58 59 Division 2 60 61 62 63 64 65 66 Division 3 67 68 Child Care Act 2002 Contents Licensee to give notice of revocation or suspension of licence . . Application to lift the suspension of licence . . . . . . . . . . . . . . . . . Chief executive to give particular information to children’s commissioner ................................. Publication of information about decision to amend, suspend, revoke or refuse to renew licence Non-application to school age care service . . . . . . . . . . . . . . . . . Publication of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information that must be published . . . . . . . . . . . . . . . . . . . . . . . When information may be published . . . . . . . . . . . . . . . . . . . . . . When published information must be amended . . . . . . . . . . . . . . Period of publication of information . . . . . . . . . . . . . . . . . . . . . . . Other dealings with licence Transfer of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Death of licensee Death of sole licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Death of licensee if more than 1 licensee . . . . . . . . . . . . . . . . . . Carers, staff and related matters Preliminary Meaning of carer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of staff member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of engage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed first aid competency . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for centre based service Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standard requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements applying to a service . . . . . . . . . . . . . . . . . . . . . . . Rest periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Director for centre based service . . . . . . . . . . . . . . . . . . . . . . . . . Presence of at least 2 adults . . . . . . . . . . . . . . . . . . . . . . . . . . . . First aid training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for home based service Coordinator for home based service . . . . . . . . . . . . . . . . . . . . . . Carer in home based service must be adult. . . . . . . . . . . . . . . . . 36 37 37 39 39 39 41 41 42 43 43 44 44 46 46 47 47 47 48 48 49 49 50 51 51 52 53 Page 3
Child Care Act 2002 Contents 69 Division 4 70 71 72 73 Division 5 74 Part 4 Division 1 75 76 77 78 79 80 81 82 83 84 Division 2 85 86 87 88 Division 2A 88A 88B 88C 88D 88E 88F 88G 88H Page 4 First aid training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications, training and study Certain unqualified persons may fulfil requirement for qualified person ....................................... Defence of relying on evidence of qualifications, training or study ........................................ Evidence of staff qualifications and competencies . . . . . . . . . . . . Evidence of enrolment in a course of study . . . . . . . . . . . . . . . . . Prescribed notices or exemption notices Licensee must keep evidence of compliance with Commissioner’s Act ............................. Conduct of licensed service General Licensee’s overriding responsibility . . . . . . . . . . . . . . . . . . . . . . . Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Role statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parents or guardians must be allowed access . . . . . . . . . . . . . . . Agreement to exclude liability for negligence . . . . . . . . . . . . . . . . Licensee to inform chief executive of relevant changes . . . . . . . . Licensee must report harm to children. . . . . . . . . . . . . . . . . . . . . Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of child care other than at child care centre or home . . Copies of relevant legislation for carers and staff. . . . . . . . . . . . . Records Licensee must keep records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confidentiality of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Record keeping obligations when person stops being licensee . . Compliance history log books Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where licensee must keep log book. . . . . . . . . . . . . . . . . . . . . . . What log book must contain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licensee’s identifying details that must be entered in log book . . Licensee’s compliance history that must be entered in log book . When licensee must enter information in log book. . . . . . . . . . . . Licensee must not enter personal information in log book . . . . . . 53 53 54 54 55 56 57 57 58 58 59 59 60 61 61 62 62 62 63 64 64 65 65 65 65 66 67 68
88I 88J 88K 88L 88M 88N Division 3 89 90 Division 4 91 92 93 94 95 96 Division 5 97 98 Part 5 99 100 101 102 Part 6 Division 1 103 Division 2 104 105 106 107 Child Care Act 2002 Contents When licensee must update information in log book . . . . . . . . . . When new licensee must include information from previous licensee’s log book after transfer of licence . . . . . . . . . . . . . . . . . When previous licensee must ensure information about licence that has ended is included in new licensee’s log book . . . . . . . . . Licensee must not enter false or misleading information in log book .......................................... When licensee must advise parent or guardian about log book and parent’s or guardian’s right to inspect it . . . . . . . . . . . . . . . . . When licensee must provide access to or copy log book . . . . . . . Other matters applying to licensed centre based service Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Display of licence at child care centre . . . . . . . . . . . . . . . . . . . . . Limits on number of children at 1 place applying to licensed home based service Meaning of prescribed limits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maximum numbers of children at a home . . . . . . . . . . . . . . . . . . Further restriction of maximum numbers . . . . . . . . . . . . . . . . . . . Emergency care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Care provided away from home . . . . . . . . . . . . . . . . . . . . . . . . . . Playgroups and excursions involving other carers . . . . . . . . . . . . Other matters applying to licensed home based service Suitability of other persons in a home . . . . . . . . . . . . . . . . . . . . . Activities and experiences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of stand alone service Person conducting service and carers must be adults . . . . . . . . . Suitability of other persons in a home . . . . . . . . . . . . . . . . . . . . . Maximum numbers of children . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition notices Basis for issuing notice Basis for issuing prohibition notice . . . . . . . . . . . . . . . . . . . . . . . . Procedure Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deciding whether to issue prohibition notice . . . . . . . . . . . . . . . . Person to whom notice may be given. . . . . . . . . . . . . . . . . . . . . . Content of prohibition notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 69 70 71 71 72 72 73 73 73 74 74 75 75 76 77 78 78 78 80 80 80 81 81 81 Page 5
Child Care Act 2002 Contents 107A 108 Division 3 109 110 Part 7 Division 1 111 112 113 114 115 116 117 Division 2 Subdivision 1 118 Subdivision 2 119 120 121 122 123 124 Subdivision 3 125 126 Subdivision 4 127 128 129 130 131 132 133 Chief executive to give notice to the children’s commissioner . . . Cancellation of prohibition notice . . . . . . . . . . . . . . . . . . . . . . . . . Offences Contravening prohibition notice . . . . . . . . . . . . . . . . . . . . . . . . . . Licensee must not engage person with prohibition notice . . . . . . Monitoring and enforcement Authorised officers Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions and limit on powers . . . . . . . . . . . . . . . . When authorised officer stops holding office . . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . Powers of authorised officers Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for entry Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . Entering a home and preserving privacy . . . . . . . . . . . . . . . . . . . Powers after entry General powers after entering a place . . . . . . . . . . . . . . . . . . . . . Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . Power to seize evidence Definition for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seizing evidence after entry without consent or warrant . . . . . . . Seizing evidence after entry with consent or warrant . . . . . . . . . . Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 84 85 85 86 86 86 87 87 87 88 88 89 90 90 91 92 93 93 94 94 95 95 96 96 97 97 Page 6
Child Care Act 2002 Contents Subdivision 5 134 135 136 137 138 Subdivision 6 139 140 141 Subdivision 7 142 143 143A 143B 143C 143D 143E Division 3 144 145 146 147 148 149 150 Part 8 Division 1 151 152 153 154 Division 2 155 Power to obtain information Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . Power to require evidence of age, name and address of person suspected of being underage carer . . . . . . . . . . . . . . . . . . . . . . . Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents . . . . . . . . . . . . . . . . . . Failure to produce documents . . . . . . . . . . . . . . . . . . . . . . . . . . . Monitoring suitability of relevant persons Suitability of persons in home in which stand alone child care is provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may obtain information about suitability checks . Notification that an occupant is a disqualified person . . . . . . . . . Other compliance matters Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with Building Act requirements for child care centre. Publication of information about compliance notices . . . . . . . . . . Information that must be published . . . . . . . . . . . . . . . . . . . . . . . When information may be published . . . . . . . . . . . . . . . . . . . . . . When published information must be amended . . . . . . . . . . . . . . Period of publication of information . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Self-incrimination and warning . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alteration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . Impersonation of an authorised officer . . . . . . . . . . . . . . . . . . . . . Legal proceedings Evidence Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence proceedings Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 98 99 100 100 101 101 103 104 104 106 106 107 108 109 109 110 111 112 112 112 112 113 113 113 114 114 115 Page 7
Child Care Act 2002 Contents 156 157 158 159 160 161 162 Part 9 Division 1 163 164 164A Division 1A 164B Division 2 165 165A 166 166A Division 3 Subdivision 1 167 168 169 170 Subdivision 2 170A 170B 170C Page 8 Statement of complainant’s knowledge . . . . . . . . . . . . . . . . . . . . False or misleading information or statements . . . . . . . . . . . . . . . Responsibility for acts or omissions of representatives . . . . . . . . Executive officers must ensure corporation complies with Act. . . Defence of exercising reasonable diligence to ensure compliance ................................... Reasonable belief about person’s age . . . . . . . . . . . . . . . . . . . . . Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Review of decisions by QCAT Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive or authorised officer must give notice after making reviewable decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution of QCAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of certain compliance notices by chief executive Licensee may apply for review by chief executive of certain decisions to give compliance notices . . . . . . . . . . . . . . . . . . . . . . Application of Commission for Children and Young Peopleand Child Guardian Act 2000 Application of Act to corporations. . . . . . . . . . . . . . . . . . . . . . . . . Pending application for a prescribed notice or exemption notice—corporate licensee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications for prescribed notices or exemption notices by occupants of homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pending application for a prescribed notice—licensed home based service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confidentiality Requirements for persons involved in administering this Act Duty of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording, use or disclosure for authorised purpose. . . . . . . . . . Disclosure to relevant entities in other jurisdictions . . . . . . . . . . . Reporting matters of concern to other departments . . . . . . . . . . Use and disclosure of URL data relating to approved kindergarten programs Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of URL data to chief executive and central governing bodies by relevant services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use and disclosure of URL data by chief executive . . . . . . . . . . . 115 115 115 116 117 117 118 118 119 120 120 121 122 122 123 124 125 125 126 126 128 129
170D 170E Division 4 171 171A 172 173 174 175 Part 10 Division 1 176 Division 2 177 178 179 180 181 182 183 184 185 186 187 188 Division 3 189 190 191 192 193 194 Child Care Act 2002 Contents Disclosure of URL data to Australian Bureau of Statistics and Australian Institute of Health and Welfare . . . . . . . . . . . . . . . . . . Recording, use and disclosure of URL data by authorised officer of central governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection against actions for defamation or breach of confidence ................................... Review of regulation about certain matters . . . . . . . . . . . . . . . . . Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal and transitional provisions Repeal Repeal of Child Care Act 1991. . . . . . . . . . . . . . . . . . . . . . . . . . . General transitional provisions Licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nominee of licence held by corporation . . . . . . . . . . . . . . . . . . . . Licensed capacity of more than 75. . . . . . . . . . . . . . . . . . . . . . . . Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for review of decision under repealed Act . . . . . . . . . Review of decision under repealed Act . . . . . . . . . . . . . . . . . . . . Occupants of homes in which licensed child care is provided . . . Prohibition notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing unlicensed services . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions from Building Act requirements. . . . . . . . . . . . . . . . . Transitional provisions about qualifications Assistants taken to be qualified . . . . . . . . . . . . . . . . . . . . . . . . . . Certain registered nurses taken to have group leader qualifications .................................. Holders of, and applicants for, certificates of endorsement . . . . . Unqualified person engaged as director, assistant director or group leader . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unqualified person who was at least 45 on commencement of repealed Act .................................. Unqualified person engaged as coordinator. . . . . . . . . . . . . . . . . 130 130 131 132 132 133 134 134 135 135 136 136 136 137 137 138 138 139 139 139 140 140 141 142 143 143 145 Page 9
Child Care Act 2002 Contents Division 5 196 197 198 Division 6 199 Schedule 2 Transitional provisions for Criminal History ScreeningLegislation Amendment Act 2010 Giving information about disciplinary action to children’s commissioner ................................. Giving information about prohibition notice to children’s commissioner ................................. Existing applications for prescribed notices by occupants of home ........................................ Transitional provision for Education and Care ServicesNational Law (Queensland) Act 2011 Prohibition notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 146 147 147 149 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . Table of corrected minor errors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 158 159 159 160 162 166 166 Page 10
Child Care Act 2002 Child Care Act 2002 Part 1 Preliminary [s 1] [as amended by all amendments that commenced on or before 12 November 2012] An Act to regulate the provision of child care, and for related purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Child Care Act 2002 . 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Interpretation 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4 Meaning of child care Child care is care of a child provided— Current as at 12 November 2012 Page 11
Child Care Act 2002 Part 1 Preliminary [s 5] (a) by someone other than a relative or guardian of the child; and (b) at a place other than the child’s home; and (c) for reward; and (d) in the course of a service for regularly providing care of children. 5 Meaning of child care service (1) A child care service is a service for regularly providing child care, but does not include any of the following services— (aa) an education and care service; (a) a service, for providing primary, secondary or special education, conducted by a school; (b) a service for providing a pre-preparatory learning program, at a prescribed State school or a prescribed non-State school, to a pre-preparatory age child; (c) a service principally conducted to provide— (i) therapeutic services; or (ii) residential facilities; or (iii) instruction in a particular activity, for example, dance, music or a sport; or (iv) tutoring, coaching or religious instruction; or (v) a recreational activity, for example, a camp or party; Examples for paragraph (c) — hospital, boarding facility for school students, dance academy, sporting club, Sunday school, scout group (d) a service for which, usually, the children to whom care is provided are entirely or mostly different on each occasion the care is provided; Page 12 Current as at 12 November 2012
Child Care Act 2002 Part 1 Preliminary [s 6] Example for paragraph (d) — a service, conducted by a hotel or resort, to provide child care to children who are short-term guests (e) a service in which the only child care provided is— (i) holiday care; or (ii) adjunct care; or (iii) care of children who are at least 12 years old; (f) a service that is, under the Child Protection Act 1999 , a licensed care service, departmental care service or service provided as an approved carer; (g) another service prescribed under a regulation not to be a child care service. (2) To remove any doubt, it is declared that a service may be a child care service even though it is conducted— (a) by an entity that also carries on a school; or (b) at premises at which a school is also carried on. (3) In this section— pre-preparatory age child see the Education(GeneralProvisions) Act 2006 , schedule 4. pre-preparatory learning program see the Education(General Provisions) Act 2006 , schedule 4. prescribed non-State school see the Education(GeneralProvisions) Act 2006 , schedule 4. prescribed State school see the Education(GeneralProvisions) Act 2006 , schedule 4. 6 Note in text A note in the text of this Act is part of this Act. Current as at 12 November 2012 Page 13
Child Care Act 2002 Part 1 Preliminary [s 7] Division 3 Application, object and guiding principles 7 Act binds all persons (1) This Act binds all persons including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence. 8 Object (1) The object of this Act is to protect, and promote the best interests of, children receiving child care. (2) The ways in which the object is to be achieved include— (a) establishing a licensing system for child care services; and (b) regulating the way child care services are conducted; and (c) setting standards for persons who provide child care. 9 Guiding principles This Act is to be administered, and licensed services are to be conducted, under the following principles— (a) the best interests of a child are the paramount concern; (b) child care should be provided to a child in a way that— (i) protects the child from harm; and (ii) respects the child’s dignity and privacy; and (iii) promotes the child’s wellbeing; and (iv) provides positive experiences to the child; Page 14 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 10] (c) licensed child care should be provided to a child in a way that stimulates and develops the child’s creative, emotional, intellectual, lingual, physical, recreational and social potential; (d) parents have the primary responsibility for the upbringing, protection and development of their children, and should be supported in that role; (e) child care should be planned and provided in a way that— (i) involves parents and other members of the community; and (ii) reflects the multicultural and multilingual nature of the community. Part 2 Licensing of child care services Division 1 Licensing generally 10 Types of child care service There are 2 types of child care service that may be licensed under this Act— (a) a service for regularly providing child care in premises that are not a home (a centre based service ); and (b) a service for regularly providing child care in 1 or more homes (a home based service ). 11 Licence for centre based service (1) A licence for a centre based service authorises the licensee to conduct a child care service at the premises stated in the licence, subject to the Sustainable Planning Act 2009 . Current as at 12 November 2012 Page 15
Child Care Act 2002 Part 2 Licensing of child care services [s 12] (2) A licence for a centre based service may only authorise the provision of child care in 1 child care centre. 12 Licence for home based service (1) A licence for a home based service authorises the licensee to conduct a child care service in which child care is provided in 1 or more homes. (2) A licence for a home based service may authorise the provision of child care in any number of homes. 13 More than 1 licence or licensee (1) A person may hold more than 1 licence, whether or not for the same type of child care service. (2) A licence may be held jointly by 2 or more persons. (3) A reference in this Act to the licensee of a child care service is, for a licence held jointly, a reference to each of the persons who jointly hold the licence. (4) Subsection (3) applies subject to a contrary intention in this Act. 14 Term of licence A licence has effect for the period, not longer than 3 years, stated in it. 15 Form of licence A licence must state— (a) the licensee’s name and address; and (b) for a licence held by a corporation—the name and address of the nominee for the licence; and (c) for a licence for a centre based service—the address of the child care centre and any name by which the centre is known; and Page 16 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 16] (d) the conditions applying to the licence; and (e) the day on which the term of the licence starts; and (f) the day on which the licence is due to expire. Division 2 Requirement to operate child care service under a licence 16 Conducting a child care service without a licence (1) This section applies to a child care service in which child care is regularly provided to at least 7 children at the same time. (2) A person must not conduct a service mentioned in subsection (1) without a licence. Maximum penalty— (a) for a first offence—100 penalty units; or (b) for a second or later offence—200 penalty units. (3) For subsection (1), it does not matter whether or not the children are at the same place. Note — Other child care services may be, but are not required to be, licensed. Part 5 (Conduct of stand alone service) applies to services that are not licensed. 17 Contravening a licence condition A licensee must not contravene a condition of the licence. Maximum penalty—100 penalty units. Current as at 12 November 2012 Page 17
Child Care Act 2002 Part 2 Licensing of child care services [s 18] Division 3 Process for issue or renewal of licence 18 Definition for div 3 In this division— information includes a document. 19 Issue of licence (1) A person may apply to the chief executive for a licence. (2) The application must— (a) be in the approved form; and (b) state whether it relates to a centre based service or a home based service; and (c) if the applicant is a corporation— (i) include the name of the individual proposed to be the nominee for the licence; and (ii) be signed by the individual; and (d) be signed by the applicant; and (e) be accompanied by the fee prescribed under a regulation. (3) The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application. (4) The chief executive must decide the application as soon as practicable and, in any case, within 90 days after receiving the application, fee and any other required information. (5) The chief executive must decide the application by issuing the licence or refusing to issue the licence. Editor’s note — See section 163(1)(a) (Reviewable decisions). Page 18 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 20] (6) The chief executive may issue the licence on conditions the chief executive considers appropriate, including, for example, conditions about— (a) the ages of children for whom child care may be provided; or (b) the times at which child care may be provided. 20 Provisional licence (1) Before finally deciding an application for a licence, the chief executive may issue a provisional licence if— (a) the chief executive is satisfied that— (i) subject to the resolution of 1 or more minor matters, the application should be decided by issuing a licence to the applicant; and (ii) the matters can be resolved within the term of the provisional licence; and (b) the applicant agrees to the issue of the provisional licence and pays the fee prescribed under a regulation. (2) A provisional licence may be issued on the conditions the chief executive considers appropriate. (3) A provisional licence has effect for the term, not longer than 3 months, stated in it. 21 Renewal of licence (1) A licensee may apply to the chief executive for renewal of the licence. (2) The application must be made before the day the licence is due to expire (the expiry day ) but may not be made more than 3 months before the expiry day. (3) The application must— (a) be in the approved form; and (b) be signed by the licensee; and Current as at 12 November 2012 Page 19
Child Care Act 2002 Part 2 Licensing of child care services [s 22] (c) for a licence held by a corporation—be signed by the nominee for the licence; and (d) be accompanied by the fee prescribed under a regulation. (4) The licensee also must give the chief executive any other relevant information that the chief executive reasonably requires to decide the application. (5) The chief executive must decide the application by renewing the licence or refusing to renew the licence. Editor’s note — See section 163(1)(i) (Reviewable decisions). (6) The licence may be renewed for a period ending not later than 3 years after the expiry day. (7) If the application is still current on the expiry day, the licence does not expire before the application is decided, or is withdrawn or lapses. (8) If the chief executive decides the application by refusing to renew the licence— (a) the chief executive must give the licensee a notice of the decision stating the day, not before the expiry day and not earlier than 7 days after the notice is given, on which the licence expires; and (b) the licence continues in force until the stated day. (9) Subsections (7) and (8) do not prevent the licence from ending in another way under this Act. 22 Lapsing of application for renewal (1) The chief executive may make a requirement under section 21(4), for information to decide an application for renewal of a licence, by giving the licensee a notice stating— (a) the required information; and (b) the time by which the information must be given to the chief executive; and Page 20 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 23] (c) that, if the information is not given to the chief executive by the stated time, the application will lapse. (2) The time stated must be reasonable and, in any case, at least 14 days after the requirement is made. (3) The chief executive may withdraw the requirement, or part of the requirement, at any time. (4) The chief executive may give the licensee a further notice extending the stated time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension. (5) If the licensee does not comply with the requirement within the stated time, or any extension, the application lapses. Division 4 Bases for making licensing decisions 23 Application of div 4 This division applies to the chief executive in deciding— (a) whether to issue, renew, amend, revoke or suspend a licence; or (b) the conditions that are to apply to a licence. 24 Definitions for div 4 In this division— licensee includes an applicant for a licence. nominee includes a proposed nominee. Current as at 12 November 2012 Page 21
Child Care Act 2002 Part 2 Licensing of child care services [s 25] 25 Guiding principles The chief executive must have regard to the guiding principles for administering this Act. Editor’s note — See section 9 (Guiding principles). 26 Suitability of licensee and related persons (1) The chief executive must be satisfied that each of the following persons is suitable to conduct the child care service— (a) the licensee; (b) if the licensee is a corporation— (i) each of its executive officers; and (ii) the nominee for the licence. (2) An individual is not suitable to conduct a child care service unless the individual— (a) has a current positive prescribed notice; or (b) has a current positive exemption notice; or (c) is the subject of an application for an exemption notice. Note — See also the Commissioner’s Act, schedule 1, section 18. For a licensee that is a corporation, see also section 165 of this Act. (2A) Subsection (2) applies subject to section 165A. (3) An individual is not suitable to conduct a child care service if a prohibition notice is in force for the individual. (4) Other matters that the chief executive may consider in deciding a person’s suitability to conduct a child care service include the following— (a) any contravention by the person of a provision of this Act or the repealed Act, whether or not the contravention constituted an offence; Page 22 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 27] (b) any conviction of the person for an offence, against another law of Queensland or a law of another jurisdiction, that involved a child or was otherwise relevant to a person’s suitability to conduct a child care service; (c) any previous refusal of an application by the person for a child-related authority or for renewal of a child-related authority, or a suspension or revocation of a child-related authority held by the person; (d) the person’s involvement in the conduct of an entity so far as the conduct relates to a matter mentioned in paragraphs (a) to (c). Example for paragraph (d) — the person’s involvement, as a director of a company, in the committing of an offence against this Act by the company (5) In this section— child-related authority means— (a) a licence under this Act or the repealed Act; or (b) a licence, authority or permit, under a law of Queensland or another jurisdiction, to carry out an activity involving children. 27 Prescribed notices or exemption notices for carers and staff members The chief executive must be satisfied the licensee is complying with the Commissioner’s Act in relation to the engagement of each carer in, and staff member of, the child care service. 28 Suitability of child care centre and facilities (1) This section applies to a licence to conduct a centre based service. (2) The chief executive must be satisfied the child care centre is safe and suitable for use as a child care centre. Current as at 12 November 2012 Page 23
Child Care Act 2002 Part 2 Licensing of child care services [s 29] (3) The chief executive must be satisfied the other facilities used, or proposed to be used, in the course of the service are safe and suitable for use in providing child care under the licence. (4) The matters the chief executive must consider under subsection (2) include whether the centre is on, or includes, a level above ground level. (5) If the centre is in premises that also contain a home, the chief executive must be satisfied that— (a) the centre and the home have separate entrances; and (b) there is no direct access, inside the premises, between the centre and the home; and (c) in all the circumstances, it is appropriate that child care be provided in the centre. (6) For this Act, premises are suitable for use as a child care centre only if the premises comply with the BuildingAct requirements. (7) In this section— child care centre includes premises proposed to be used as child care centre. 29 Suitability of homes and facilities (1) This section applies to a licence to conduct a home based service. (2) The chief executive must be satisfied the licensee is willing and able to ensure the homes and facilities used, or proposed to be used, in the course of the service are safe and suitable for use in providing child care under the licence. 30 Aboriginal or Torres Strait Islander children The chief executive must have regard to— (a) whether the child care service is conducted, or proposed to be conducted, principally within an Aboriginal or Torres Strait Islander community; and Page 24 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 31] (b) the culturally specific needs of Aboriginal or Torres Strait Islander children. 31 Other criteria (1) The chief executive must have regard to whether the licence is for a centre based service or a home based service. (2) The chief executive must have regard to each of the following matters relating to the care being, or proposed to be, provided to children under the licence— (a) the number of children to whom the care is provided at one time; (b) the ages of the children; (c) the length of time for which each child is provided with the care; (d) for a licence for a centre based service—the amount of space available for providing the care; (e) the number of carers providing the care; (f) any other relevant matter. (3) The licensee must have an address in Queensland for the service of notices by the chief executive. Division 5 Licensed capacity of centre based service 32 Licensed capacity (1) The licence conditions for a centre based service must include a condition stating the maximum number of children to whom child care may be provided at one time under the licence (the service’s licensed capacity ). (2) A service’s licensed capacity may be stated— (a) as a single number; or Current as at 12 November 2012 Page 25
Child Care Act 2002 Part 2 Licensing of child care services [s 32] (b) as different numbers applying to the service at different times according to the circumstances (for example, according to the ages of the children being provided with child care). (3) A service’s licensed capacity applies to all the children to whom child care is being provided at one time in the course of the service, whether the children are being cared for at the child care centre or somewhere else (for example, while on an excursion). (4) The licensed capacity of a school age care service may be set at any appropriate number. (5) The licensed capacity of a service other than a school age care service may not be set at more than 75 for any time other than for stated periods totalling not more than 2 hours each day. (6) In deciding the licensed capacity to set for a service, the chief executive may have regard to— (a) the space and facilities available at the child care centre for providing child care; and (b) the extent to which the available space and facilities are also used by children other than the children in care at the centre; and (c) if the service is already licensed—the number of times, and the extent to which, the current or any previous licensed capacity for the service has been exceeded, whether or not because of the provision of emergency care; and (d) if the licensee or proposed licensee of the service is conducting, or has conducted, another licensed service—the number of times, and the extent to which, the current or any previous licensed capacity for the other service has been exceeded, whether or not because of the provision of emergency care. (7) Subsection (6) does not limit division 4. Page 26 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 33] 33 Emergency care (1) This section applies to a period during which the number of children being cared for in the course of a centre based service is more than the service’s licensed capacity. (2) The licensee is taken not to be contravening a licence condition about the service’s licensed capacity during the period if— (a) emergency care is being provided during the period to 1 or more children; and (b) emergency care was not also provided to the child or children on the previous day in circumstances to which this section applies; and (c) for a service with a licensed capacity stated as different numbers applying to the service at different times—the licensed capacity applying throughout the period is the lowest of the numbers; and (d) the amount by which the number of children being cared for exceeds the service’s licensed capacity during the period is not more than— (i) if emergency care is being provided to 2 or more children in the same family—that number of children; or (ii) otherwise—1. (3) Subsection (2)(b) does not apply if the provision of emergency care during the period is in response to circumstances beyond the licensee’s control. Division 6 Nominee for licence held by corporation 34 Appointment of nominee (1) A licence held by a corporation must have at least 1 nominee. (2) A nominee must be an adult. Current as at 12 November 2012 Page 27
Child Care Act 2002 Part 2 Licensing of child care services [s 35] Note — Section 26 provides for a decision about the suitability of an individual to be a nominee. (3) On the issue of a licence to a corporation, an individual stated in the licence as a nominee becomes a nominee for the licence. (4) A licence held by a corporation may be amended under this Act— (a) to appoint a nominee for the licence; or (b) to replace an existing nominee for the licence; or (c) subject to subsection (1), to remove an existing nominee for the licence. (5) If, for a licence held by a corporation, the only nominee dies or all nominees die, the licensee must immediately apply under this Act to amend the licence to appoint a stated individual as a nominee. (6) A reference in this Act to the nominee for a licence is, for a licence with more than 1 nominee, a reference to each of the nominees. 35 Purposes and effect of appointment of nominee (1) The purposes of requiring a licence held by a corporation to have a nominee are— (a) to help ensure the licensed service is conducted in compliance with this Act; and (b) to help communication between the chief executive and the licensee. (2) The appointment of a nominee for a licence does not affect the licensee’s responsibility to ensure the licensed service is conducted in compliance with this Act. (3) If this Act requires or permits the chief executive to give a notice to a licensee, the chief executive may, for a licence held by a corporation, give the notice to the licensee by giving it to a nominee for the licence. Page 28 Current as at 12 November 2012
Division 7 Child Care Act 2002 Part 2 Licensing of child care services [s 36] Licence held by parents and citizens association 36 Definitions for div 7 In this division— association means a parents and citizens association formed under the Education(GeneralProvisions)Act2006 and includes an interim parents and citizens association. executive officer , of an association, means a member of the association’s executive committee under the Education(General Provisions) Act 2006 . 37 Association may hold licence An association may hold a licence for a school age care service. 38 Application of this Act to an association This Act applies to a licensee that is an association as if— (a) the association were a corporation; and (b) the association’s executive officers were executive officers of the corporation. Examples — 1 In deciding whether to issue a licence to an association, the chief executive must be satisfied each of the association’s executive officers is suitable to conduct the child care service. Editor’s note — See section 26(1)(b)(i). 2 There must be a nominee for the association’s licence. Editor’s note — See section 34(1). Current as at 12 November 2012 Page 29
Child Care Act 2002 Part 2 Licensing of child care services [s 39] 39 Contravention of this Act by an association (1) An association may be prosecuted for an offence against this Act. (2) Proceedings under subsection (1) may be taken against the association in its name. (3) A person taking the proceedings against the association must serve a copy of the document starting the proceedings on the chief executive (education). (4) Costs incurred by the association in the proceedings, and any penalty imposed on the association on conviction, are a lawful expense of the association under the Education(GeneralProvisions) Act 2006 , section 132. (5) Subsection (1) does not limit the other action that may be taken for a contravention of this Act by an association, including— (a) suspending or revoking the association’s licence under division 9; and (b) prosecuting an executive officer of the association for an offence against section 159. Division 8 Amendment of licence 40 Amendment of licence on application (1) A licensee may apply to the chief executive for an amendment of the licence. (2) The application must be in the approved form and accompanied by any fee prescribed under a regulation. (3) The chief executive must decide the application by— (a) amending the licence in the way applied for; or (b) with the applicant’s written agreement, amending the licence in another way; or (c) refusing to amend the licence. Page 30 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 41] Editor’s note — See section 163(1)(b)(iii) (Reviewable decisions). 41 Restrictions on amendment of licence on application (1) A change of the child care centre for a licensed centre based service may be made only by an application for a new licence, not by an application to amend the licence. (2) The removal of a licensee of a child care service, without the addition of a new licensee, may be made by an application to amend the licence. (3) Otherwise, a change of the licensee, or any of the licensees, of a child care service may be made only by an application to transfer the licence for the service, not by an application to amend the licence. 42 Amendment of licence by chief executive (1) The chief executive may amend a licence at any time without receiving an application from the licensee for the amendment. Example — The chief executive may change a condition of the licence for a centre based service, or impose a new condition, so that— (a) the service’s licensed capacity is reduced; or (b) child care may no longer be provided from a particular part of the child care centre. (2) The chief executive must first give the licensee a notice ( show cause notice ) stating— (a) that the chief executive proposes to amend the licence; and (b) the proposed amendment; and (c) the reasons for the proposed amendment; and (d) that the licensee may, within a stated time of at least 30 days, give the chief executive a written response to the proposed amendment. Current as at 12 November 2012 Page 31
Child Care Act 2002 Part 2 Licensing of child care services [s 43] (3) After considering any response from the licensee within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment. (4) If the chief executive decides not to amend the licence, the chief executive must give the licensee notice of the decision. (5) At the licensee’s written request, or with the licensee’s written agreement, the chief executive may— (a) amend a licence without giving a show cause notice; or (b) amend a licence in a way that has not been stated in a show cause notice; or (c) amend a licence before the expiration of the time stated in a show cause notice for the licensee’s response to the proposed amendment. (6) An amendment under this section has effect when the chief executive gives notice of the amendment to the licensee or at any later time stated in the notice. 43 Urgent amendment of licence by chief executive (1) This section applies if the chief executive is reasonably satisfied, in the interests of the wellbeing and safety of children being provided with child care under a licence, it is necessary to immediately amend the licence. (2) The chief executive may, by notice given to the licensee, immediately amend the licence without complying with section 42. (3) The notice must state the reasons for the amendment. (4) The amendment has effect for the period, not more than 60 days, stated in the notice. 44 Amendment of licence to update details If the licensee notifies the chief executive of a change in any of the information stated on the licence, the chief executive may amend the licence to show the correct information. Page 32 Current as at 12 November 2012
Division 9 Child Care Act 2002 Part 2 Licensing of child care services [s 45] Suspension or revocation of licence 45 Suspension or revocation of licence (1) The chief executive may suspend or revoke a licence at any time if the chief executive is satisfied— (a) the licensee is contravening, or has contravened, this Act or a condition of the licence in a way, or to an extent, that justifies the suspension or revocation; or (b) the licensee is unable or unwilling to continue conducting the child care service under this Act; or (c) the licensee is unsuitable to conduct the child care service; or (d) for a licence held by a corporation— (i) the nominee for the licence or any of the corporation’s executive officers is unsuitable to conduct the child care service; or (ii) there is no nominee for the licence and the licensee has not applied to amend the licence to appoint, as nominee, a stated individual who may be appointed as nominee under this Act; or (e) the licensee is contravening, or has contravened, the Commissioner’s Act in relation to the engagement of a carer in, or staff member of, the child care service; or (f) for a centre based service— (i) the child care centre is unsafe or unsuitable for use as a child care centre; or (ii) the licensee has failed to comply with a notice given under section 143(4); or (g) for another reason, it is necessary, in the interests of the wellbeing and safety of children being provided with child care under the licence, that the licence be suspended or revoked. Current as at 12 November 2012 Page 33
Child Care Act 2002 Part 2 Licensing of child care services [s 45] (2) The chief executive must first give the licensee a notice (a show cause notice ) stating— (a) that the chief executive proposes to suspend or revoke the licence; and (b) the reasons for the proposed suspension or revocation; and (c) that the licensee may, within a stated time of at least 30 days, give the chief executive a written response stating why the licensee considers the licence should not be suspended or revoked. (3) After considering any response from the licensee within the time stated in the show cause notice, the chief executive may, by notice given to the licensee, suspend or revoke the licence. Editor’s note — See section 163(1)(b)(iv) (Reviewable decisions). (4) The suspension or revocation takes effect on the day stated in the notice given under subsection (3), at least 14 days after that notice is given. (5) If the licence is suspended, the suspension continues for the period stated in the notice, unless it is lifted earlier. (6) If the chief executive decides not to suspend or revoke the licence, the chief executive must give the licensee notice of the decision. (7) At the licensee’s written request, or with the licensee’s written agreement, the chief executive may suspend or revoke a licence without complying with subsections (1) to (4). (8) To remove any doubt, it is declared that subsection (1)(a) applies to a contravention of this Act whether or not the contravention is an offence. Example — Subsection (1)(a) applies to a contravention of section 75, 76, 77, 86, 89 or 98 or a provision of a regulation that is not an offence. Page 34 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 46] 46 Urgent suspension of licence (1) This section applies if the chief executive is reasonably satisfied it is necessary, in the interests of the wellbeing and safety of children being provided with child care under a licence, that the licence be immediately suspended. Example — The chief executive is reasonably satisfied the premises in which child care is provided under the licence have become unsafe. (2) The chief executive may, by notice given to the licensee, immediately suspend the licence. Editor’s note — See section 163(1)(b)(iv) (Reviewable decisions). (3) The notice must state the reasons for the suspension. (4) The suspension ends 14 days after the chief executive gives the notice of suspension to the licensee unless, before that time, the chief executive— (a) cancels the suspension; or (b) gives a show cause notice to the licensee under section 45. (5) If, within 14 days after suspending the licence under this section, the chief executive gives a show cause notice to the licensee under section 45— (a) the suspension may be continued by notice given under section 45(3); and (b) if the suspension is not continued by notice given under section 45(3), the suspension continues until the first of the following to happen— (i) the chief executive lifts the suspension; (ii) the licence is revoked by notice given under section 45(3); (iii) the chief executive gives a notice under section 45(6) that the chief executive has decided not to continue the suspension or revoke the licence. Current as at 12 November 2012 Page 35
Child Care Act 2002 Part 2 Licensing of child care services [s 47] 47 Effect of suspension A licence is not current while it is suspended. 48 Licensee must return suspended or revoked licence A licensee must return the licence to the chief executive immediately after the suspension or revocation of the licence takes effect. Maximum penalty—10 penalty units. 49 Licensee to give notice of revocation or suspension of licence (1) This section applies if the chief executive gives a notice to a licensee revoking or suspending the licence. (2) The licensee must comply with this section, unless the licensee has a reasonable excuse. Maximum penalty—5 penalty units. (3) As soon as practicable after receiving the notice, the licensee must give notice of the suspension or revocation— (a) to a parent or guardian of each child to whom child care is regularly provided in the course of the child care service; and (b) for a home based service—to each carer in the service. (4) A notice given under subsection (3) must include the reasons given in the chief executive’s notice for revoking or suspending the licence. (5) Subsection (3) does not apply in relation to a parent, guardian or carer who the licensee can not locate after making reasonable enquiries. (6) If the licence is for a centre based service and it is suspended, the licensee must display a notice at the child care centre, for the period of the suspension, stating that the licence has been suspended. Page 36 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 50] (7) If the licence is for a centre based service and it is revoked, the licensee must display a notice at the child care centre, until at least the day on which the revocation takes effect, stating that the licence has been revoked. (8) A regulation may make provision about a notice given or displayed under this section including, for example— (a) what the notice must state; and (b) the size or other requirements of the writing on the notice. 50 Application to lift the suspension of licence (1) If a licence has been suspended, the licensee may apply to the chief executive for the suspension to be lifted. (2) The application must be in the approved form and accompanied by any fee prescribed under a regulation. 50A Chief executive to give particular information to children’s commissioner (1) This section applies if the chief executive— (a) amends, suspends or revokes a person’s licence under section 43, 45 or 46 (a disciplinary action ); and (b) reasonably believes the disciplinary action may be relevant to the functions or powers of the children’s commissioner under the Commissioner’s Act. (2) The chief executive must give written notice of the disciplinary action to the children’s commissioner. (3) A notice under subsection (2) must state the following— (a) the person’s name and address; (b) the person’s date and place of birth, if known; (c) that disciplinary action has been taken against the person, without stating anything further about the disciplinary action. Current as at 12 November 2012 Page 37
Child Care Act 2002 Part 2 Licensing of child care services [s 50A] (4) Subsection (5) applies if the children’s commissioner— (a) requests further information about the disciplinary action; and (b) notifies the chief executive that the person is an applicant for, or holder of, a prescribed notice or exemption notice under the Commissioner’s Act. (5) The chief executive must give the children’s commissioner a written notice stating the following— (a) the form of the disciplinary action taken; (b) when the conduct happened that constituted a ground for the disciplinary action; (c) the nature of the conduct that constituted a ground for the disciplinary action; (d) any other information about the disciplinary action the chief executive considers may be relevant to employment screening under the Commissioner’s Act, chapter 8, including, for example, details about the nature of the disciplinary action. (6) However, if the notice given under subsection (2) did not contain the person’s date and place of birth, subsection (5) applies only if— (a) the request from the children’s commissioner for the notice under subsection (5) includes the person’s date and place of birth; and (b) the chief executive confirms the person’s date and place of birth with the person. (7) A notice given under subsection (2) or (5) must not contain information that identifies, or is likely to identify, a particular child. (8) If the chief executive gives the children’s commissioner information under subsection (5) about disciplinary action and the disciplinary action is set aside on review or appeal, the chief executive must notify the children’s commissioner of the following— Page 38 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 50B] (a) the disciplinary action has been set aside; (b) the reasons given by the entity that set the disciplinary action aside for setting it aside. Division 9A Publication of information about decision to amend, suspend, revoke or refuse to renew licence 50B Non-application to school age care service This division does not apply to a school age care service. 50C Publication of information (1) This section applies if the chief executive, in relation to the licence of a child care service, takes one of the following actions— (a) under section 21, refuses to renew the licence; (b) under section 42, other than under section 42(5), amends the licence; (c) under section 43, urgently amends the licence; (d) under section 45, other than section 45(7), suspends or revokes the licence; (e) under section 46, urgently suspends the licence. (2) The chief executive must publish, on a publicly accessible website of the department, the information mentioned in section 50D about the action taken. (3) Subsection (2) is subject to section 50E. 50D Information that must be published (1) For section 50C(2), the following information must be published— (a) if the licence is for a centre based service— Current as at 12 November 2012 Page 39
Child Care Act 2002 Part 2 Licensing of child care services [s 50D] (i) the address of the child care centre; and (ii) the name by which the centre is known; (b) if the licence is for a home based service— (i) the address of the home based service; and (ii) the name by which the service is known; (c) the action taken by the chief executive; (d) the chief executive’s reason for taking the action. (2) Subsection (1)(b)(i) does not apply if the address of the home based service is also the home address of a carer in the service. (3) The following information must also be published in relation to the action taken— (a) for a refusal under section 21 to renew the licence—the day on which the licence expired; (b) for an amendment of the licence under section 42, other than under section 42(5)— (i) the details of the amendment; and (ii) the day on which the amendment had effect; (c) for an urgent amendment of the licence under section 43— (i) the details of the amendment; and (ii) the day on which the amendment had effect and the day on which it ceases to have effect; (d) for a suspension of the licence under section 45, other than section 45(7)—the day on which the suspension had effect and the day on which it ends; (e) for an urgent suspension of the licence under section 46—the day on which the suspension had effect and the day on which it ends; Page 40 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 50E] (f) for a revocation of the licence under section 45, other than section 45(7)—the day on which the revocation had effect. 50E When information may be published (1) The chief executive must not publish the information until the end of the period within which the licensee may apply for a review of the chief executive’s decision to take the action mentioned in section 50C(1). (2) If the licensee applies for a review of the chief executive’s decision— (a) the chief executive must not publish the information until the application is finally dealt with or otherwise ends; and (b) if the application for review is finally dealt with, the chief executive may publish the information only to the extent the information is consistent with the decision on review. (3) In this section— licensee includes a person whose licence has been suspended or revoked. 50F When published information must be amended (1) Subsection (2) applies if— (a) information about the suspension, or urgent suspension, of a licence was published under section 50C(2); and (b) the suspension has been lifted. (2) The chief executive must amend the published information to include the following information— (a) the suspension of the licence has been lifted; (b) the day the suspension was lifted. Current as at 12 November 2012 Page 41
Child Care Act 2002 Part 2 Licensing of child care services [s 50G] 50G Period of publication of information (1) The chief executive must ensure information published under section 50C(2) remains on the department’s website until the day that is 3 years after the day it is published. (2) However, if the licence to which the information relates is transferred to another person before the day mentioned in subsection (1), the chief executive must remove the information from the website as soon as practicable after the transfer takes effect. (3) Subsection (2) does not apply in any of the following circumstances— (a) if— (i) before the transfer, the licence was held by a corporation; and (ii) after the transfer, a person who is or was an executive officer of the corporation is— (A) the person, or one of the persons, to whom the licence was transferred; or (B) an executive officer of a corporation to whom the licence was transferred; (b) if— (i) before the transfer, the licence was held by an individual; and (ii) after the transfer, the individual is— (A) one of the persons to whom the licence was transferred; or (B) an executive officer of a corporation to whom the licence was transferred; (c) if— (i) before the transfer, the licence was held by a group of persons; and (ii) after the transfer, one of the persons is— Page 42 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 51] (A) the person, or one of the persons, to whom the licence was transferred; or (B) an executive officer of a corporation to whom the licence was transferred. Division 10 Other dealings with licence 51 Transfer of licence (1) A person may apply to the chief executive for the transfer of a licence to the person. (2) The application must— (a) include the licensee’s written consent to the transfer; and (b) be accompanied by the fee prescribed under a regulation. (3) This part applies, with all necessary changes, to the application as if it were an application for a licence. Editor’s note — See section 163(1)(d)(iii) (Reviewable decisions). 52 Surrender of licence (1) A licensee may surrender the licence by giving the chief executive notice of the surrender. (2) The surrender takes effect on the day the notice is given to the chief executive or, if a later day of effect is stated in the notice, the later day. (3) Within 7 days after the day the surrender takes effect, the person who was licensee immediately before that day must return the licence to the chief executive, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—10 penalty units. Current as at 12 November 2012 Page 43
Child Care Act 2002 Part 2 Licensing of child care services [s 53] 53 Replacement licence (1) A licensee may apply to the chief executive for a replacement licence. (2) The application must be in the approved form and accompanied by any fee prescribed under a regulation. (3) The chief executive must grant the application if the chief executive is satisfied the licence has been lost, stolen or destroyed, or damaged in a way or to an extent to require its replacement. Division 11 Death of licensee 54 Death of sole licensee (1) This section applies if a licence is held by 1 individual and the individual dies. (2) The personal representative of the individual’s estate is taken to be the licensee for 6 months from the date of death (the transitional licence period ). (3) Subsection (2) applies subject to— (a) any earlier transfer, suspension, revocation, surrender or expiry of the licence under this Act; and (b) any extension, or earlier ending, of the transitional licence period under this section. (4) Also, subsection (2) does not apply if the personal representative is a disqualified person. (5) The personal representative may apply in writing to the chief executive for an extension of the transitional licence period. (6) On receiving the application, the chief executive may extend the transitional licence period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances. Page 44 Current as at 12 November 2012
Child Care Act 2002 Part 2 Licensing of child care services [s 54] Example — The chief executive may extend the transitional licence period for the period necessary for an application to transfer the licence to be made and decided. Editor’s note — See section 163(1)(c) (Reviewable decisions). (7) The transitional licence period ends if, at any time at least 30 days after the individual’s death, the personal representative is none of the following— (a) the holder of a current positive prescribed notice or current positive exemption notice; (b) a person about whom an application for a prescribed notice or exemption notice has been made and not withdrawn. (8) The personal representative does not commit an offence against the Commissioner’s Act, section 197, by carrying on the child care service under the licence, without a current positive prescribed notice— (a) during the first 30 days of the transitional licence period; and (b) if the personal representative applies for a prescribed notice within the first 30 days of the transitional licence period and does not withdraw the application—until the application is decided. (9) The personal representative does not commit an offence against the Commissioner’s Act, section 259, by carrying on the child care service under the licence, without a current positive exemption notice during the first 30 days of the transitional licence period. (10) Without limiting section 51, a person who is a licensee under this section in the person’s capacity as personal representative Current as at 12 November 2012 Page 45
Child Care Act 2002 Part 3 Carers, staff and related matters [s 55] may apply to transfer the licence to himself or herself, in his or her personal capacity, under this Act. 55 Death of licensee if more than 1 licensee (1) This section applies to a licence held by more than 1 person. (2) If 1 of the licensees is an individual who dies, each of the surviving licensees continues as licensee. (3) If 2 or more of the licensees are individuals and they die at the same time— (a) if there are any surviving licensees, each of them continues as licensee; or (b) if there are no surviving licensees, section 54 applies, with all necessary changes, to the personal representatives of the estates of the licensees who have died. Part 3 Carers, staff and related matters Division 1 Preliminary 56 Meaning of carer A person is a carer in a child care service if— (a) the person is engaged to provide child care in the course of the service; or (b) the person is conducting the service and providing child care in the course of the service. Page 46 Current as at 12 November 2012
Child Care Act 2002 Part 3 Carers, staff and related matters [s 57] 57 Meaning of staff member (1) A person is a staff member of a child care service if— (a) the person is engaged in a position in the service; or (b) the person is conducting the service and carrying out the functions of a position in the service. (2) For a centre based service, each carer is a staff member of the service. (3) For a home based service, a person who is engaged only as a carer in the service is not a staff member of the service. 58 Meaning of engage (1) A person engages another person to provide child care in the course of a child care service if— (a) the person employs, or continues to employ, the other person to provide child care in the course of the service; or (b) the persons otherwise have an agreement under which the other person is to provide child care, or is providing child care, in the course of the service. (2) A person engages another person in a position if— (a) the person employs, or continues to employ, the other person in the position; or (b) the persons otherwise have an agreement under which the other person is to carry out, or is carrying out, the functions of the position. (3) It does not matter whether or not, under an agreement mentioned in this section, a person receives any reward for providing the child care or carrying out the functions. 59 Prescribed first aid competency For this part, a person has the prescribed first aid competency if— Current as at 12 November 2012 Page 47
Child Care Act 2002 Part 3 Carers, staff and related matters [s 60] (a) the person has completed the first aid training prescribed under a regulation; and (b) the time that has passed since the person last completed the training is not more than the time prescribed under a regulation. Division 2 Requirements for centre based service 60 Application of division This division deals with requirements applying to a centre based service about— (a) the presence of suitably qualified staff at the child care centre; and (b) caring for children individually or in groups, including— (i) the number of children in a group; and (ii) the ages of children in a group; and (iii) the involvement of qualified group leaders, qualified assistants or other persons with a group; and (c) related matters about adult supervision of the children in care. 61 Standard requirements (1) A regulation may prescribe standard requirements about the matters mentioned in section 60. (2) The standard requirements must include— (a) requirements applying to a centre based service during a rest period; and Page 48 Current as at 12 November 2012
Child Care Act 2002 Part 3 Carers, staff and related matters [s 62] (b) requirements applying to a centre based service at all other times it is conducted on a day between 5.00a.m. and 10.00p.m. (3) Without limiting the Statutory Instruments Act 1992 , section 25, a regulation may prescribe standard requirements that— (a) make different provision according to the circumstances of centre based services; or (b) do not include, for every type of centre based service, a requirement about caring for the children in groups. 62 Requirements applying to a service (1) The licensee of a centre based service must ensure the standard requirements are complied with at all times the service is conducted on a day between 5.00a.m. and 10.00p.m. Maximum penalty—100 penalty units. (2) If a centre based service is conducted for a period between 10.00p.m. on a day and 5.00a.m. on the next day, the requirements applying to the service during the period are the requirements stated in its licence conditions. (3) This section does not prevent other requirements relating to the matters mentioned in section 60, as well as the requirements mentioned in this section, applying to a centre based service under its licence conditions or a regulation. 63 Rest periods (1) A licence condition for a centre based service may provide for 1 or more periods during a day, totalling not more than 2 hours during the day, to be rest periods for the service for the purposes of this division. (2) An application under this Act for a licence or for the amendment of a licence may include a request for a licence condition under subsection (1). Current as at 12 November 2012 Page 49
Child Care Act 2002 Part 3 Carers, staff and related matters [s 64] (3) In deciding whether to include a licence condition providing for a rest period and, if so, in deciding the timing and length of a rest period, the chief executive must have regard to— (a) the ages of the children in care and the times they will ordinarily be resting; and (b) the licensed capacity of the service; and (c) how the physical layout of the child care centre allows for the adequate supervision of the children; and (d) the staffing arrangements for the service; and (e) the information given to parents and guardians about the staffing arrangements; and (f) another matter prescribed under a regulation. (4) Subsection (3) does not limit part 2, division 4. (5) This section does not apply to a school age care service. 64 Director for centre based service (1) The purpose of this section is to ensure 1 or more suitably qualified persons are present at a child care centre for long enough to properly carry out the function of a director. (2) The function of a director is to carry out, or oversee the carrying out of, the following responsibilities— (a) preparing and implementing programs under this Act; (b) preparing and maintaining policies under this Act; (c) helping communication between staff and parents. (3) The licensee of a centre based service must ensure— (a) a qualified director is present at the child care centre for the times prescribed under a regulation; and (b) for the times prescribed under a regulation when a qualified director is not present at the centre, an adult, with the qualifications, experience or other characteristics prescribed under a regulation, is present at the centre. Page 50 Current as at 12 November 2012
Child Care Act 2002 Schedule 2 (a) physical, psychological or emotional abuse or neglect; or (b) sexual abuse or exploitation. holiday care means child care provided to school children, during a school holiday, at a place other than a home. home means premises used as a private residence. home based service see section 10(b). licence means a licence under this Act to conduct a child care service, and includes a provisional licence issued under section 20. licensed capacity , of a centre based service, see section 32. licensed service means a child care service for which a licence is in force. negative exemption notice means a negative exemption notice under the Commissioner’s Act. negative prescribed notice means a negative notice under the Commissioner’s Act. notice means a written notice. occupant , of a home in which child care is provided, means a person who— (a) resides in the home; or (b) is usually present in the home when the child care is provided. owner , of a seized thing, for part 7, division 2, subdivision 4, see section 127. parent , of a child, includes— (a) for any child—the spouse of a parent of the child; and (b) for an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and (c) for a Torres Strait Islander child—a person who, under Island custom, is regarded as a parent of the child; and (d) a carer of the child under the Child Protection Act 1999 . Current as at 12 November 2012 Page 153
Child Care Act 2002 Schedule 2 Page 154 place includes premises and vacant land. positive exemption notice means a positive exemption notice under the Commissioner’s Act. positive prescribed notice means positive notice under the Commissioner’s Act. premises includes— (a) a building and surrounding land; and (b) a vehicle. preparatory year means the year of schooling immediately before year 1. prescribed limits , for part 4, division 4, see section 91. prescribed notice means a prescribed notice in force under the Commissioner’s Act. primary education means education provided by a school to children in the preparatory year and years 1 to 7. principal place of care means— (a) for a child in care of a licensed centre based service—the child care centre at which the child is normally cared for in the course of the service; or (b) for a child in care of a licensed home based service—the home at which the child is normally cared for in the course of the service. prohibition notice means a prohibition notice in force under part 6. public place means a place the public is entitled to use, open to the public or used by the public, whether or not on payment of an amount. qualified assistant means a person, who is at least 17 years old, with a qualification for an assistant prescribed under a regulation. qualified coordinator , in relation to a home based service, means an adult staff member of the service with a qualification for a coordinator prescribed under a regulation. Current as at 12 November 2012
Child Care Act 2002 Schedule 2 qualified director , in relation to a centre based service, means an adult staff member of the service with a qualification for a director prescribed under a regulation. qualified group leader , in relation to a centre based service, means an adult staff member of the service with a qualification for a group leader prescribed under a regulation. register means the register of licences kept under section 171. relative , of a child— (a) means the child’s parent, grandparent, great grandparent, brother, sister, uncle, aunt, niece, nephew or cousin; and (b) for an Aboriginal child—includes a person who, under Aboriginal tradition, is regarded as a relative mentioned in paragraph (a); and (c) for a Torres Strait Islander child—includes a person who, under Island custom, is regarded as a relative mentioned in paragraph (a); and (d) for a child with a parent who is not a natural parent—includes anyone who would be a relative mentioned in paragraph (a) if the parent were a natural parent. Example for paragraph (d) — The daughter of a child’s step-parent is a relative of the child. relevant service , for part 9, division 3, subdivision 2, see section 170A. repealed Act means the Child Care Act 1991 . repealed regulation means the ChildCare(ChildCareCentres) Regulation 1991 . rest period , for a centre based service, means a period stated to be a rest period for the service under a licence condition under section 63. reward see definition for reward . school means— Current as at 12 November 2012 Page 155
Child Care Act 2002 Schedule 2 Page 156 (a) a State school within the meaning of the Education(General Provisions) Act 2006 ; or (b) a school that is accredited, or provisionally accredited, under the Education(AccreditationofNon-StateSchools) Act 2001 . school age carer means a person— (a) engaged as a carer in a school age care service; or (b) engaged as a carer in another centre based service to provide care only to school children. school age care service means a licensed centre based service for which, under its licence conditions, the children in care must never include a child who is not a school child. school child means a child who regularly attends a school at which the child is enrolled. school holiday includes a day that the staff of a school, but not the students, are required to attend the school. secondary education means education provided by a school to children in years 8 to 12. special education see the Education (General Provisions) Act2006 , schedule 4. staff member — (a) of a child care service—see section 57; or (b) of an education and care service—see the Education andCare Services National Law (Queensland), section 5(1). stand alone child care means child care provided in the course of a stand alone service. stand alone service means a child care service other than a licensed service. standard requirements means the requirements prescribed under section 61. transitional licence period see section 54. transport , a child, includes accompany the child while the child travels. Current as at 12 November 2012
Child Care Act 2002 Schedule 2 URL data , for part 9, division 3, subdivision 2, see section 170A. week means a period of 7 days beginning on a Monday. Current as at 12 November 2012 Page 157
Child Care Act 2002 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .158 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .162 7 Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .166 8 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .166 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 12 November 2012. Future amendments of the Child Care Act 2002 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Page 158 Current as at 12 November 2012
Child Care Act 2002 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 2 2A 2B 2C 2D 2E 2F 2G 3 Amendments included 2002 Act No. 74 2004 Act No. 13 2004 Act No. 36 2004 Act No. 49 2005 Act No. 40 2006 Act No. 39 2006 Act No. 39 2009 Act No. 24 2009 Act No. 36 2009 Act No. 40 2009 Act No. 29 2009 Act No. 39 2010 Act No. 5 — Effective 1 September 2003 1 August 2004 27 October 2004 17 January 2005 31 May 2006 30 October 2006 1 January 2007 1 December 2009 18 December 2009 29 January 2010 1 February 2010 1 April 2010 1 April 2010 Notes R2G withdrawn, see R3 Current as at 12 November 2012 Page 159
Child Care Act 2002 Endnotes Reprint No. 3A 3B 3C 3D Amendments included 2010 Act No. 4 2010 Act No. 50 2011 Act No. 38 2012 Act No. 25 Effective 1 July 2010 5 November 2010 1 January 2012 12 November 2012 Notes 5 List of legislation Child Care Act 2002 No. 55 date of assent 1 November 2002 ss 1–2 commenced on date of assent sch 1 amdt 7 of the Commission for Children and Young People Act 2000 commenced 2 November 2003 (automatic commencement under AIA s 15DA(2) (amdt could not be given effect)) remaining provisions commenced 1 September 2003 (2003 SL No. 188) amending legislation— Discrimination Law Amendment Act 2002 No. 74 ss 1–2, 90 sch date of assent 13 December 2002 ss 1–2 commenced on date of assent s 90 commenced 31 March 2003 (2003 SL No. 51) remaining provisions commenced 1 April 2003 (2003 SL No. 51) Child Safety Legislation Amendment Act 2004 No. 13 ss 1–2(1), 102 sch 2 pts 1–2 date of assent 24 June 2004 ss 1–2 commenced on date of assent remaining provisions commenced 1 August 2004 (2004 SL No. 141) Child Safety Legislation Amendment Act (No. 2) 2004 No. 36 ss 1–2(1), pt 3 date of assent 27 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced on date of assent (see s 2(1)) Commission for Children and Young People and Child Guardian Amendment Act2004 No. 49 ss 1–2, 53 sch date of assent 29 November 2004 ss 1–2 commenced on date of assent remaining provisions commenced 17 January 2005 (2004 SL No. 282) Child Safety Legislation Amendment Act 2005 No. 40 ss 1–2, 69 sch date of assent 1 September 2005 ss 1–2 commenced on date of assent remaining provisions commenced 31 May 2006 (2006 SL No. 97) Education (General Provisions) Act 2006 No. 39 ss 1–2(1), (3), 512(1)–(2) schs 1–2 date of assent 11 August 2006 ss 1–2 commenced on date of assent s 512(2) sch 2 commenced 1 January 2007 (see s 2(1)) Page 160 Current as at 12 November 2012
Child Care Act 2002 Endnotes remaining provisions commenced 30 October 2006 (2006 SL No. 247) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) AmendmentAct 2009 No. 24 ss 1–2, ch 4 pt 1 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Adoption Act 2009 No. 29 ss 1–2, 368 sch 2 date of assent 26 August 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2010 (2009 SL No. 217) Sustainable Planning Act 2009 No. 36 ss 1–2, 872 sch 2 date of assent 22 September 2009 ss 1–2 commenced on date of assent remaining provisions commenced 18 December 2009 (2009 SL No. 281) Education Legislation Amendment Act 2009 No. 39 pts 1–2 date of assent 15 October 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2010 (see s 2) Education and Training Legislation Amendment Act 2009 No. 40 pts 1, 10 date of assent 15 October 2009 ss 1–2 commenced on date of assent remaining provisions commenced 29 January 2010 (2010 SL No. 2) Child Care and Another Act Amendment Act 2010 No. 4 pts 1–2 date of assent 4 March 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (2010 SL No. 145) Criminal History Screening Legislation Amendment Act 2010 No. 5 pts 1–2 date of assent 4 March 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 April 2010 (2010 SL No. 53) Education and Training Legislation Amendment Act 2010 No. 50 pts 1–2 date of assent 5 November 2010 commenced on date of assent Education and Care Services National Law (Queensland) Act 2011 No. 38 ss 1–2, pt 5 div 1 date of assent 24 November 2011 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2012 (2011 SL No. 277) Fiscal Repair Amendment Act 2012 No. 25 ss 1, 2(6)(b), 195 sch date of assent 21 September 2012 ss 1–2 commenced on date of assent remaining provisions commenced 12 November 2012 (2012 SL No. 192) Current as at 12 November 2012 Page 161
Child Care Act 2002 Endnotes 6 List of annotations Meaning of “child care service” s 5 amd 2005 No. 40 s 69 sch; 2006 No. 39 s 512(2) sch 2; 2009 No. 40 s 57; 2011 No. 38 s 48 PART 2—LICENSING OF CHILD CARE SERVICES Licence for centre based service s 11 amd 2009 No. 36 s 872 sch 2 Suitability of licensee and related persons s 26 amd 2004 No. 13 s 102 sch 2 pt 1; 2004 No. 36 s 6; 2004 No. 49 s 53 sch; 2010 No. 5 s 4 Prescribed notices or exemption notices for carers and staff members prov hdg amd 2004 No. 49 s 53 sch; 2010 No. 5 s 5(1) s 27 amd 2004 No. 13 s 102 sch 2 pt 1; 2010 No. 5 s 5(2) Definitions for div 7 s 36 sub 2006 No. 39 s 512(1) sch 1 Contravention of this Act by an association s 39 amd 2006 No. 39 s 512(1) sch 1 Suspension or revocation of licence s 45 amd 2004 No. 13 s 102 sch 2 pt 1; 2010 No. 5 s 6 Licensee to give notice of revocation or suspension of licence s 49 amd 2009 No. 39 s 4 Chief executive to give particular information to children’s commissioner s 50A ins 2004 No. 49 s 53 sch sub 2010 No. 5 s 7 Division 9A—Publication of information about decision to amend, suspend, revoke or refuse to renew licence div 9A (ss 50B–50G) ins 2009 No. 39 s 5 Death of sole licensee s 54 amd 2004 No. 13 s 102 sch 2 pt 1; 2004 No. 49 s 53 sch; 2010 No. 5 s 8 PART 3—CARERS, STAFF AND RELATED MATTERS Division 5—Prescribed notices or exemption notices div hdg amd 2004 No. 49 s 53 sch; 2010 No. 5 s 9 Licensee must keep evidence of compliance with Commissioner’s Act prov hdg amd 2004 No. 13 s 102 sch 2 pt 1; 2010 No. 5 s 10(1) s 74 amd 2004 No. 13 s 102 sch 2 pts 1–2; 2004 No. 49 s 53 sch; 2010 No. 5 s 10(2)–(5) PART 4—CONDUCT OF LICENSED SERVICE Licensee to inform chief executive of relevant changes s 80 amd 2004 No. 49 s 53 sch; 2010 No. 5 s 11 Page 162 Current as at 12 November 2012
Child Care Act 2002 Endnotes Confidentiality of records s 87 amd 2010 No. 50 s 3 Division 2A—Compliance history log books div 2A (ss 88A–88N) ins 2010 No. 4 s 4 Suitability of other persons in a home s 97 amd 2004 No. 36 s 7; 2004 No. 49 s 53 sch; 2010 No. 5 s 12 Content of prohibition notice s 107 amd 2011 No. 38 s 49 Chief executive to give notice to the children’s commissioner s 107A ins 2004 No. 49 s 53 sch amd 2009 No. 24 s 119 sub 2010 No. 5 s 13 Contravening prohibition notice s 109 amd 2011 No. 38 s 50 Forfeiture of seized things s 131 amd 2009 No. 24 s 120 Power to require production of documents s 137 amd 2004 No. 49 s 53 sch; 2010 No. 5 s 14 Suitability of persons in home in which stand alone child care is provided s 139 amd 2004 No. 49 s 53 sch; 2010 No. 5 s 15 Chief executive may obtain information about suitability checks s 140 amd 2004 No. 13 s 102 sch 2 pt 2; 2004 No. 49 s 53 sch; 2010 No. 5 s 16 Publication of information about compliance notices s 143A ins 2009 No. 39 s 6 Information that must be published s 143B ins 2009 No. 39 s 6 When information may be published s 143C ins 2009 No. 39 s 6 When published information must be amended s 143D ins 2009 No. 39 s 6 Period of publication of information s 143E ins 2009 No. 39 s 6 PART 9—GENERAL Division 1—Review of decisions by QCAT div hdg sub 2009 No. 24 s 121 Reviewable decisions s 163 amd 2009 No. 24 s 122; 2009 No. 39 s 7 Current as at 12 November 2012 Page 163
Child Care Act 2002 Endnotes Chief executive or authorised officer must give notice after making reviewable decision prov hdg amd 2009 No. 39 s 8(1) s 164 amd 2009 No. 24 s 123; 2009 No. 39 s 8(2) Constitution of QCAT s 164A ins 2009 No. 24 s 124 Division 1A—Review of certain compliance notices by chief executive div 1A (s 164B) ins 2010 No. 4 s 5 Division 2—Application of Commission for Children and Young People and ChildGuardian Act 2000 div hdg amd 2004 No. 13 s 102 sch 2 pt 1 Application of Act to corporations s 165 amd 2004 No. 13 s 102 sch 2 pt 1; 2010 No. 5 s 17 Pending application for a prescribed notice or exemption notice—corporate licensee prov hdg amd 2004 No. 49 s 53 sch; 2010 No. 5 s 18(1) s 165A ins 2004 No. 36 s 8 amd 2004 No. 49 s 53 sch; 2010 No. 5 s 18(2)–(3) Applications for prescribed notices or exemption notices by occupants of homes prov hdg amd 2004 No. 49 s 53 sch s 166 amd 2004 No. 13 s 102 sch 2 pt 1; 2004 No. 49 s 53 sch sub 2010 No. 5 s 19 Pending application for a prescribed notice—licensed home based service prov hdg amd 2004 No. 49 s 53 sch s 166A ins 2004 No. 36 s 9 amd 2004 No. 49 s 53 sch Subdivision 1—Requirements for persons involved in administering this Act sdiv hdg ins 2010 No. 50 s 4 Subdivision 2—Use and disclosure of URL data relating to approved kindergarten programs sdiv 2 (ss 170A–170E) ins 2010 No. 50 s 5 Register s 171 amd 2009 No. 39 s 9 Protection against actions for defamation or breach of confidence s 171A ins 2009 No. 39 s 10 PART 10—REPEAL AND TRANSITIONAL PROVISIONS Occupants of homes in which licensed child care is provided s 184 amd 2004 No. 49 s 53 sch Division 4—Regulatory impact statement for first regulation div 4 (s 195) om 2012 No. 25 s 195 sch Page 164 Current as at 12 November 2012
Child Care Act 2002 Endnotes Division 5—Transitional provisions for CriminalHistoryScreeningLegislationAmendment Act 2010 div hdg ins 2010 No. 5 s 20 Giving information about disciplinary action to children’s commissioner s 196 prev s 196 om R1 (see RA s 40) pres s 196 ins 2010 No. 5 s 20 Giving information about prohibition notice to children’s commissioner s 197 ins 2010 No. 5 s 20 Existing applications for prescribed notices by occupants of home s 198 ins 2010 No. 5 s 20 Division 6—Transitional provision for Education and Care Services National Law(Queensland) Act 2011 div 6 (s 199) ins 2011 No. 38 s 51 PART 11—AMENDMENTS pt hdg om R1 (see RA s 7(1)(k)) SCHEDULE 1—AMENDMENT OF ACTS om R1 (see RA s 40) SCHEDULE 2—DICTIONARY def “apply for an exemption notice” ins 2010 No. 5 s 21(2) def “apply for a prescribed notice” ins 2004 No. 49 s 53 sch amd 2010 No. 5 s 21(3) def “apply for a suitability notice” amd 2004 No. 13 s 102 sch 2 pt 1 om 2004 No. 49 s 53 sch def “approved kindergarten program” ins 2010 No. 50 s 6 def “authorised officer” , for pt 9, div 3, sdiv 2, ins 2010 No. 50 s 6 def “authorised officer” ins 2009 No. 39 s 11 def “central governing body” ins 2010 No. 50 s 6 def “chief executive (education)” amd 2006 No. 39 s 512(1) sch 1 def “children’s commissioner” ins 2010 No. 5 s 21(2) def “Commissioner’s Act” ins 2010 No. 5 s 21(2) def “de facto spouse” om 2002 No. 74 s 90 sch def “disability” ins 2010 No. 50 s 6 def “disqualified person” sub 2004 No. 49 s 53 sch amd 2010 No. 5 s 21(4) def “education and care service” ins 2011 No. 38 s 52(2) def “educator” ins 2011 No. 38 s 52(2) def “exemption notice” ins 2010 No. 5 s 21(2) def “family day care educator” ins 2011 No. 38 s 52(2) def “guardian” amd 2009 No. 29 s 368 sch 2 def “holiday care” amd 2006 No. 39 s 512(2) sch 2 def “negative exemption notice” ins 2010 No. 5 s 21(2) def “negative prescribed notice” ins 2004 No. 49 s 53 sch sub 2010 No. 5 s 21(1)–(2) def “negative suitability notice” om 2004 No. 49 s 53 sch Current as at 12 November 2012 Page 165
Child Care Act 2002 Endnotes def “positive exemption notice” ins 2010 No. 5 s 21(2) def “positive prescribed notice” ins 2004 No. 49 s 53 sch sub 2010 No. 5 s 21(1)–(2) def “positive suitability notice” om 2004 No. 49 s 53 sch def “preparatory year” ins 2006 No. 39 s 512(2) sch 2 def “preschool child” om 2006 No. 39 s 512(2) sch 2 def “preschool education” om 2006 No. 39 s 512(2) sch 2 def “prescribed notice” ins 2004 No. 49 s 53 sch amd 2010 No. 5 s 21(3) def “primary education” amd 2006 No. 39 s 512(2) sch 2 def “relevant service” ins 2010 No. 50 s 6 def “school” amd 2006 No. 39 s 512(1) sch 1 def “school age carer” amd 2006 No. 39 s 512(2) sch 2 def “school age care service” sub 2006 No. 39 s 512(2) sch 2 def “school child” amd 2006 No. 39 s 512(2) sch 2 def “special education” sub 2006 No. 39 s 512(1) sch 1 def “spouse” om 2002 No. 74 s 90 sch def “staff member” sub 2011 No. 38 s 52 def “suitability notice” amd 2004 No. 13 s 102 sch 2 pt 1 om 2004 No. 49 s 53 sch def “URL data” ins 2010 No. 50 s 6 7 Forms notified or published in the gazette Lists of forms are no longer included in reprints. Now see the separate forms document published on the website of the Office of the Queensland Parliamentary Counsel at < under Information—Current annotations. This document is updated weekly and the most recent changes are marked with a change bar. 8 Table of corrected minor errors under the Reprints Act 1992 s 44 Provision 10(a) 88C(a) 88K(2)(a) Description after ‘;’ ins ‘and’ om ‘; or’ ins ‘;’ om ‘; and’ ins ‘;’ Page 166 © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 12 November 2012
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Child Care Act 2002 (Qld)
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