Child Care Amendment Regulation (No. 1) 2011 (Qld)

Queensland Child Care Amendment Regulation (No. 1) 2011 Subordinate Legislation 2011 No. 31 made under the ChildCareAct2002 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new s 126AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 126AA Prescribed entity—Act, s 170A. . . . . . . . . . . . . . . . . . 2 4 Insertion of new ss 127A to 127D . . . . . . . . . . . . . . . . . . . . . . . . 2 127A Waiver of fee for renewal of licence . . . . . . . . . . . . . . 2 127B Refund of fee for renewal of licence . . . . . . . . . . . . . . 3 127C Waiver of fee for replacement of licence . . . . . . . . . . 4 127D Refund of fee for replacement of licence . . . . . . . . . . 4 5 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5

Child Care Amendment Regulation (No. 1) 2011 [s 1] 1 Short title This regulation may be cited as the Child Care Amendment Regulation (No. 1) 2011 . 2 Regulation amended This regulation amends the Child Care Regulation 2003 . 3 Insertion of new s 126AA After section 126A— insert — ‘126AA Prescribed entity—Act, s 170A ‘For section 170A of the Act, definition central governing body , the following entities are prescribed— (a) the Association of Independent Schools of Queensland Inc; (b) the Corporation of the Roman Catholic Bishops of Queensland; (c) the Creche and Kindergarten Association of Queensland; (d) Queensland Lutheran Early Childhood Services; (e) the Gowrie (Qld) Inc.’. 4 Insertion of new ss 127A to 127D Part 6— insert — ‘127A Waiver of fee for renewal of licence ‘(1) A licensee for a child care service may apply in writing to the chief executive for a waiver of payment of a fee for renewal of a licence. ‘(2) The chief executive may waive, wholly or partly, payment of the fee by the licensee if satisfied— Page 2 2011 SL No. 31

Child Care Amendment Regulation (No. 1) 2011 [s 4] (a) the child care service has been or is conducted within a prescribed declared area of a disaster situation; and (b) the disaster situation was declared on a day not earlier than 180 days before the expiry day and not later than the expiry day; and (c) the licensee has suffered hardship. Examples for paragraph (c) — 1 A child care service has sustained significant physical or structural damage to premises. 2 A child care service experienced loss of electrical power that impacted on the provision of child care. ‘127B Refund of fee for renewal of licence ‘(1) A licensee for a child care service may apply in writing to the chief executive for a refund of a fee paid for renewal of a licence. ‘(2) An application under this section may not be made more than 270 days after the expiry day. ‘(3) The chief executive may refund, wholly or partly, a fee paid by the licensee if satisfied— (a) the child care service has been or is conducted within a prescribed declared area of a disaster situation; and (b) the disaster situation was declared on a day not earlier than 180 days before the expiry day and not later than 180 days after the expiry day; and (c) the licensee has suffered hardship. Examples for paragraph (c) — 1 A child care service has sustained significant physical or structural damage to premises. 2 A child care service experienced loss of electrical power that impacted on the provision of child care. 2011 SL No. 31 Page 3

Child Care Amendment Regulation (No. 1) 2011 [s 4] ‘127C Waiver of fee for replacement of licence ‘(1) A licensee for a child care service may apply in writing to the chief executive for a waiver of payment of a fee for replacement of a licence. ‘(2) The chief executive may waive, wholly or partly, payment of the fee by the licensee if satisfied— (a) the child care service has been or is conducted within a prescribed declared area of a disaster situation; and (b) the disaster situation was declared on a day not earlier than 90 days before the day the licensee applied for a replacement licence; and (c) the licensee has suffered hardship. Examples for paragraph (c) — 1 A child care service has sustained significant physical or structural damage to premises. 2 A child care service experienced loss of electrical power that impacted on the provision of child care. ‘127D Refund of fee for replacement of licence ‘(1) A licensee for a child care service may apply in writing to the chief executive for a refund of a fee paid for replacement of a licence. ‘(2) An application under this section may not be made more than 180 days after the day the fee is paid. ‘(3) The chief executive may refund, wholly or partly, a fee paid by the licensee if satisfied— (a) the child care service has been or is conducted within a prescribed declared area of a disaster situation; and (b) the disaster situation was declared on a day not earlier than 90 days before the day the licensee applied for a replacement licence; and (c) the licensee has suffered hardship. Page 4 2011 SL No. 31

Child Care Amendment Regulation (No. 1) 2011 [s 5] Examples for paragraph (c) — 1 A child care service has sustained significant physical or structural damage to premises. 2 A child care service experienced loss of electrical power that impacted on the provision of child care.’. 5 Amendment of sch 4 (Dictionary) Schedule 4— insert — ‘ expiry day , for a licence, means the day the licence expired or is due to expire. prescribed declared area means a declared area under the DisasterManagementAct2003 for a disaster situation declared on or after 28 December 2010.’. ENDNOTES 1 Made by the Governor in Council on 31 March 2011. 2 Notified in the gazette on 1 April 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Education and Training. © State of Queensland 2011 2011 SL No. 31 Page 5