Child Care Services Regulations 2007 (WA)
Western Australia
Child Care Services Act 2007
Reprinted under the Reprints Act 1984 as at 17 May 2013
Western Australia
Reprinted under the Reprints Act 1984 as at 17 May 2013
Western Australia
Child Care Services Act 2007Child Care Services Act 2007
These regulations are the
(1) For the purposes of paragraph (a)(ii) of the definition of
managerial officer in section 3 of the Act, the prescribed class of function is responsibility, as a member of the committee of an incorporated association, for managing the provision of a child care service by the association.(2) For the purposes of subregulation (1), it does not matter that the responsibility is exercised with other people.
Schedule 1 Form 1 is prescribed for the purposes of section 43K(3) of the Act.
In this Division, unless the contrary intention appears —
(a) an application made under regulation 6D(1) for an approval to act; or
(b) an application made under regulation 6D(2) for a supervisor approval;
(a) an approval to act; or
(b) a supervisor approval;
The purpose of this Division is to set out provisions relating to approvals for the purposes of section 5A(1)(a)(ii) and (b)(i) of the Act.
(1) For the purposes of this Division the
approval criteria are —(a) that the applicant has the ability to supervise and control on a day‑to‑day basis the provision of a child care service; and
(b) that the applicant is otherwise a fit and proper person to be involved in the provision of a child care service; and
(c) that the applicant holds at least one relevant qualification.
(2) In subregulation (1)(c) —
(a) a degree or diploma in early childhood care or early childhood education from an Australian university or other tertiary institution; or
(b) a 2 year certificate in child care studies; or
(c) a diploma or associate diploma in child care; or
(d) a mothercraft nursing qualification; or
(e) a degree or diploma in education, social sciences or behavioural sciences; or
(f) a certificate or other document evidencing the successful completion of an approved first aid training course.
(1) An individual may apply to the CEO for approval to act in place of an individual who holds a licence (an
approval to act ).(2) An individual may apply to the CEO for approval as a person suitable to have responsibility for the day‑to‑day supervision and control of a child care service (a
supervisor approval ).
(1) An application must be —
(a) in writing; and
(b) in the approved form.
(2) The approved form must —
(a) be completed in accordance with any instructions on or attached to the form; and
(b) be accompanied by any information or document (including a criminal record check) specified in the form; and
(c) in the case of an application for an approval to act — be accompanied by the licensee’s written consent to the application.
(3) Despite subregulation (2), the CEO may consider and deal with an application if, in the opinion of the CEO, the requirements of that subregulation have been substantially complied with.
(1) The CEO may ask an applicant for any additional information or document that the CEO considers is or could be relevant to making a decision on the application.
(2) Without limiting subregulation (1), for the purpose of deciding whether or not an applicant meets the criteria listed in regulation 6C(1)(a) and (b), the CEO may ask the applicant to do one or more of the following —
(a) undergo an oral or written assessment as to his or her knowledge and understanding of —
(i) the operation of this Act; and
(ii) the field of child development;
(b) provide a reference or report specified by the CEO;
(c) undergo a medical, psychiatric or psychological test or examination specified by the CEO.
(3) If the CEO makes a request under subregulation (1) or (2), the CEO does not have to consider the application, or consider it further, until the request is complied with.
(4) Any costs incurred in complying with a request under subregulation (1) or (2) are to be paid by the applicant unless the CEO determines otherwise.
(1) If an application nominates referees for the applicant, those referees must include —
(a) a referee who knows the applicant and who has had experience in children’s services; and
(b) a referee who is a previous employer of the applicant or who has worked with the applicant in a paid or unpaid capacity.
(2) A person is not eligible to act as a referee for an applicant if the person is —
(a) an employee of the applicant; or
(b) married, or related (including by marriage), to the applicant; or
(c) a de facto partner of the applicant; or
(d) another applicant.
(1) The CEO may grant or refuse to grant an approval.
(2) The CEO must not grant an approval unless the CEO is satisfied that the applicant meets the approval criteria.
(3) The CEO must not grant an approval if the applicant is disqualified under section 29(4)(e)(iii) or 30C(4)(d)(iii) of the Act from being the supervising officer for a child care service.
(4) The CEO must give written notice of his or her decision under subregulation (1) to the applicant.
(1) The CEO may grant an approval subject to any conditions that the CEO considers appropriate.
(2) Without limiting subregulation (1), it is a condition of each approval that the holder of the approval notifies the CEO in writing of a change in his or her name or mailing address.
(3) A person who contravenes a condition of his or her approval commits an offence.
Penalty: a fine of $2 000.
(1) In this regulation —
(a) to impose a new condition on the approval; or
(b) to change or remove an existing condition of the approval (other than the condition referred to in regulation 6I(2)).
(2) The CEO may, by written notice given to the holder of an approval, amend a condition.
(3) The CEO may exercise the power in subregulation (2) —
(a) on the CEO’s own initiative; or
(b) on an application made by the holder of the approval in the approved form.
(4) The CEO may ask an applicant under subregulation (3)(b) for any additional information or document that the CEO considers is or could be relevant to making a decision on the application.
(5) If the CEO makes a request under subregulation (4), the CEO does not have to consider the application, or consider it further, until the request is complied with.
(1) The CEO may at any time reassess whether the holder of an approval meets the approval criteria.
(2) The CEO may ask the holder of an approval for any information or document that the CEO considers is or could be relevant to a reassessment under subregulation (1).
(3) Without limiting subregulation (2), the CEO may, for the purposes of a reassessment under subregulation (1), ask the holder of an approval to do one or more of the things listed in regulation 6F(2).
(1) The CEO may suspend or cancel an approval if —
(a) the CEO is no longer satisfied that the holder of the approval meets the approval criteria; or
(b) the holder of the approval is disqualified under section 29(4)(e)(iii) or 30C(4)(d)(iii) of the Act from being the supervising officer for a child care service.
(2) Before exercising the power in subregulation (1), the CEO must —
(a) give the holder of the approval a notice (a
show cause notice ) stating the following —(i) that the CEO intends to suspend or cancel the approval;
(ii) the reasons for the proposed suspension or cancellation;
(iii) that the holder of the approval may, within 30 days after the notice is given, give the CEO a written response to the proposed suspension or cancellation;
and
(b) consider any written response from the holder of the approval received within the period referred to in paragraph (a)(iii).
(3) The CEO must give the holder of an approval written notice of a decision to suspend or cancel the approval under subregulation (1) (a
notice of decision ).(4) A notice of decision must state —
(a) the day on which the decision takes effect; and
(b) in the case of a decision to suspend — the period of suspension.
(5) A decision to suspend or cancel an approval under subregulation (1) takes effect —
(a) at the end of 14 days after the giving of the notice of decision; or
(b) if another period is specified in the notice of decision — at the end of that period.
(1) A person who holds an approval may, by written notice given to the CEO, surrender the approval.
(2) A notice under subregulation (1) must be in the approved form.
(3) On the surrender of an approval under subregulation (1), the approval ceases to have effect.
(1) If the CEO grants an approval to a person the CEO must issue an approval document to the person.
(2) An approval document —
(a) must contain the following information —
(i) the name of the holder of the approval;
(ii) any conditions of the approval;
and
(b) may contain any other information the CEO considers appropriate.
(1) If an approval —
(a) has been suspended or cancelled under regulation 6L; or
(b) has been surrendered under regulation 6M,
the person who was the holder of the approval must, as soon as practicable after the suspension, cancellation or surrender, return his or her approval document to the CEO.
Penalty: a fine of $2 000.
(2) If the CEO amends a condition of an approval under regulation 6J, the holder of the approval must, if required by the CEO to do so, return his or her approval document to the CEO for amendment.
Penalty: a fine of $2 000.
(1) In this regulation —
(a) a person upon whose application a relevant decision is made; or
(b) the person to whom a relevant decision relates.
(a) under regulation 6H to refuse to grant an approval;
(b) under regulation 6I to grant an approval subject to a particular condition;
(c) under regulation 6J to amend or refuse to amend a condition of an approval;
(d) under regulation 6L to suspend or cancel an approval.
(2) A person aggrieved by a relevant decision may apply to the State Administrative Tribunal for a review of the decision.
A person must not hold himself or herself out as being the holder of an approval unless the person holds an approval.
Penalty: a fine of $6 000.
In this Division —
The purpose of this Division is to set out provisions relating to nominations for the purposes of section 5A(1)(b)(ii) of the Act.
(1) A licensee for a child care service may nominate an individual who holds a supervisor approval (the
nominee ) as the supervising officer for the service.(2) A nomination must be —
(a) made to the CEO in writing; and
(b) in the approved form; and
(c) accompanied by the nominee’s written consent to the nomination.
(3) A nomination must specify the times when the nominee is to be the supervising officer for the service concerned.
(4) For the purposes of subregulation (3) a nomination may specify —
(a) all times when the service is provided; or
(b) particular times when the service is provided.
(5) If there is more than one nominee for a child care service, the times specified under subregulation (3) in respect of a nominee must not be the same as, or overlap with, the times specified in respect of another nominee.
(6) A nomination made in accordance with this regulation takes effect —
(a) on the day on which the nomination is made to the CEO; or
(b) if another day is specified in the nomination — on that day.
(1) A licensee may, by written notice given to the CEO, amend or revoke a nomination made by the licensee.
(2) If a person nominated as the supervising officer for a child care service ceases to be employed as a member of the staff of the service, the licensee for the service must, by written notice given to the CEO, revoke the nomination.
Penalty: a fine of $2 000.
(3) A notice under subregulation (1) or (2) must be in the approved form.
(4) If a notice is given under subregulation (1) or (2), the amendment or revocation, as the case requires, takes effect —
(a) on the day on which the notice is given to the CEO; or
(b) if another day is specified in the notice — on that day.
(1) In this Division —
(2) A reference in this Division to a provision of the
Children and Community Services Regulations 2006 is a reference to that provision as in force before its repeal by theChildren and Community Services Amendment Regulations 2007 .
If, immediately before the commencement day, a person was taken to be the supervising officer for a child care service because of the operation of the
(a) the end of the initial licence period for the licence relating to that child care service; or
(b) the appointment of another supervising officer for that child care service,
whichever happens first.
If, immediately before the commencement day, the
If, immediately before the commencement day, a person was taken to be the holder of a particular type of licence because of the operation of the
(1) If, immediately before the commencement day, an application for a licence in respect of a notified service has been made under the Part 8 provisions but has not been determined, the notified service is to be taken to be provided under and in accordance with a licence authorising its provision at the place where it is provided until the day on which a licence in respect of the notified service is granted or refused by the CEO.
(2) If, immediately before the commencement day, an application for a licence in respect of a notified service has not been made under the Part 8 provisions, the notified service is to be taken to be provided under and in accordance with a licence authorising its provision at the place where it is provided until —
(a) in the case where an application for a licence in respect of the notified service is made under the Act before 1 March 2008 — the day on which a licence in respect of the notified service is granted or refused by the CEO; and
(b) in any other case — 1 March 2008.
Division 2 – Provision relating to Child Care Services Amendment Act 2011
(1) In this regulation —
(2) An individual who, immediately before the commencement day, was the supervising officer for a child care service under paragraph (b)(i) of the old definition is, on and after that day, to be taken to have been nominated by the licensee of the service as the supervising officer for the service at all times when the service is provided.
(3) Regulation 6U applies to a nomination that has effect because of the operation of subregulation (2) as if the nomination had been made by the licensee of the child care service.
[r. 6AA]
To | All licensing officers under the | |||||||
Application | The applicant has applied under the | |||||||
Applicant’s details | Name of licensing officer | |||||||
Compliance purposes for which entry is required | ||||||||
Suspected contravention(s) of Act | Provision(s) | |||||||
Warrant | This warrant authorises you to enter the place described below and exercise the powers in the | |||||||
Place to be entered | ||||||||
Execution period | This warrant must be executed within ______ day(s) after the date it is issued. | |||||||
Issuing details | Name of JP | |||||||
Date | Time | |||||||
JP’s signature | Issued by me on the above date and at the above time. Justice of the Peace | |||||||
Execution details | Start | Date: Time: | End | Date: Time:: | ||||
Occupier present? Yes/No Entry audiovisually recorded? Yes/No | ||||||||
Person executing this warrant | Name | |||||||
Office held | ||||||||
Notes to Form 1:
1. An entry warrant may be executed by any licensing officer (s. 43L(3) of the Act).
2. “Compliance purposes” is defined in s. 3 of the Act.
3. The execution period must not exceed 14 days (s. 43K(2)(d) of the Act).
7 Aug 2007 p. 4059-70 | 10 Aug 2007 (see endnote 2 and | |
30 Nov 2007 p. 5929-30 | r. 1 and 2: 30 Nov 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2007 (see r. 2(b)) | |
26 Feb 2008 p. 659 | r. 1 and 2: 26 Feb 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Feb 2008 (see r. 2(b)) | |
6 Jan 2012 p. 4-14 | r. 1 and 2: 6 Jan 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Jan 2012 (see r. 2(b) and | |
6 Jul 2012 p. 3021‑3 | r. 1 and 2: 6 Jul 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Jul 2012 (see r. 2(b)) | |
5 Mar 2013 p. 1110 | r. 1 and 2: 5 Mar 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Mar 2013 (see r. 2(b) and | |
amend a condition...................................................................................................... 6J(1)
application...................................................................................................................... 6A
approval.......................................................................................................................... 6A
approval criteria.................................................................................................. 6A, 6C(1)
approval to act................................................................................................... 6A, 6D(1)
commencement day........................................................................................... 6(1), 11(1)
initial licence period..................................................................................................... 6(1)
licensee............................................................................................................................ 6R
nomination...................................................................................................................... 6R
nominee....................................................................................................................... 6T(1)
notice of decision...................................................................................................... 6L(3)
notified service............................................................................................................. 6(1)
old definition............................................................................................................... 11(1)
Part 8 provisions.......................................................................................................... 6(1)
person aggrieved....................................................................................................... 6P(1)
relevant decision........................................................................................................ 6P(1)
relevant qualification................................................................................................ 6C(2)
show cause notice..................................................................................................... 6L(2)
supervisor approval.................................................................................... 6A, 6D(2), 6R
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