Children's Services Act 1996 (Vic)

Version No. 044

Children's Services Act 1996

No. 53 of 1996

Version incorporating amendments as at

1 October 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3AMeaning of person with management or control

4Act to bind the Crown

5Non-application of this Act

6Exemption

7Extraterritorial operation of Law

8Objectives and guiding principles

9How functions exercised

Part 2—Provider approval

Division 1—Application for provider approval

10Application for provider approval

11Form of application

12Applicant must be fit and proper person

13Matters to be taken into account in assessing whether fit and proper person

14Regulatory Authority may seek further information

15Grant or refusal of provider approval

16National Law approved providers, granting of provider approvals

17National Law approved providers, transfers of provider approvals

18Duration and effect of provider approval

19Conditions on provider approval

20Copy of provider approval

Division 2—Reassessment

21Reassessment of fitness and propriety

Division 3—Amendment of provider approvals

22Amendment of provider approval on application

23Amendment of provider approval by Regulatory Authority

24Copy of amended provider approval to be provided

Division 4—Suspension or cancellation of provider approval

25Grounds for suspension of provider approval

26Show cause notice before suspension

27Decision to suspend after show cause process

28Suspension without show cause notice

29Notice and taking effect of suspension

30Effect of suspension

31Grounds for cancellation of provider approval

32Show cause notice before cancellation

33Decision in relation to cancellation

34Effect of cancellation

35Approved provider to provide information to Regulatory Authority

36Notice to parents of suspension or cancellation

37Voluntary suspension of provider approval

38Surrender of provider approval by approved provider

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

39Death of approved provider

40Incapacity of approved provider

41Decision on application

Part 3—Service approval

Division 1—Application for service approval

42Application for service approval

43Form of application

44Regulatory Authority may seek further information

45Investigation of application for service approval

46Determination of application

47Grant or refusal of service approval

48Grounds for refusal

49Notice of decision on application

50Conditions on service approval

51Copy of service approval to be provided

52Annual fee

Division 2—Amendment of service approval

53Amendment of service approval on application

54Amendment of service approval by Regulatory Authority

55Notice of addition of nominated supervisor

56Notice of change of a nominated supervisor's name or contact details

57Copy of amended service approval to be provided

Division 3—Transfer of service approval

58Service approval may be transferred

59Regulatory Authority to be notified of transfer

59AFurther notification required in case of delay to transfer date

60Consent of Regulatory Authority required for transfer

61Consent taken to be given unless Regulatory Authority intervenes

62Transfer may be subject to intervention by Regulatory Authority

63Effect of intervention

64Regulatory Authority may request further information

65Decision after intervention

66Regulatory Authority to notify outcome 10 days before transfer

67Transfer of service approval without consent is void

67ARequest for earlier transfer date after consent given to transfer

68Confirmation of transfer

69Notice to parents

Division 4—Suspension or cancellation of service approval

70Grounds for suspension of service approval

71Show cause notice before suspension

72Decision in relation to suspension

73Suspension of service approval without show cause

74Notice and effect of decision

75Transfer of suspended service

76Grounds for cancellation of service approval

77Show cause notice before cancellation

78Decision in relation to cancellation

79Application for transfer of cancelled service

80Decision on application to transfer cancelled service

81Approved provider to provide information to Regulatory Authority

82Notice to parents of suspension or cancellation

83Voluntary suspension of service approval

84Surrender of service approval

Division 5—Application for service waiver

85Application for service waiver for service

86Form of application

87Powers of Regulatory Authority in considering application

88Matters to be considered

89Decision on application

90Revocation of service waiver

91Effect of service waiver

Division 6—Temporary waiver

92Application for temporary waiver

93Form of application

94Regulatory Authority may seek further information

95Special circumstances

96Decision on application

97Revocation of temporary waiver

98Effect of temporary waiver

Division 7—Offences

99Offence to provide a children's service without service approval

100Offence to advertise children's service without service approval

Part 3A—Approvals in principle for children's service premises located in certain types of buildings

Division 1—Application for approval in principle

100AApplication for approval in principle

100BForm and timing of application

100CRegulatory Authority may seek further information

100DDetermination of application for an approval in principle

100EGrant or refusal of approval in principle

100FRegulatory Authority must refuse to grant approval in principle unless satisfied of certain matters

100GNotice of decision on application for approval in principle

100HCopy of approval in principle to be provided

Division 2—Duties of approval in principle holder

100IDuty to notify Regulatory Authority of any material change

Division 3—Amendment and transfer of approval in principle

100JAmendment of approval in principle on application

100KAmendment of approval in principle by Regulatory Authority

100LCopy of amended approval in principle to be provided

100MTransfer of approval in principle

100NTransfer of approval in principle by Regulatory Authority

Division 4—Cancellation of approval in principle

100ORegulatory Authority may cancel approval in principle

100PShow cause notice before cancellation

100QDecision in relation to cancellation

Division 5—Expiry of approval in principle

100RExpiry of approval in principle

100SApproval in principle may be extended

100TExpired approval in principle may be reinstated

Part 4—Operating a children's service

101Offence to operate children's service without nominated supervisor

102Offence for nominated supervisor not to meet prescribed minimum requirements

103Offence to operate children's service unless responsible person is present

104Persons in day-to-day charge and nominated supervisors to have child protection training

105Offence to inadequately supervise children

106Offence to use inappropriate discipline

107Offence relating to protection of children from harm and hazards

108Offence relating to required programs

109Offence relating to staffing arrangements

110Offence relating to unauthorised persons on children's service premises

111Offence relating to direction to exclude inappropriate persons from children's service premises

112Offence to fail to display prescribed information

113Offence to fail to notify certain circumstances to Regulatory Authority

114Offence to fail to notify certain information to Regulatory Authority

115Offence relating to requirement to keep enrolment and other documents

Part 5—Compliance with this Act

Division 1—Notices

116Compliance directions

117Compliance notices

118Emergency action notices

Division 2—Enforceable undertakings

119Enforceable undertakings

120Certain actions prohibited while undertaking is in force

121Certain actions prohibited if undertaking is complied with

122Failure to comply with enforceable undertakings

Division 3—Prohibition notices

123Grounds for giving prohibition notice

124Show cause notice to be given before prohibition notice

125Deciding whether to give prohibition notice

126Content of prohibition notice

127Cancellation of prohibition notice

128Person must not contravene prohibition notice

129Offence to engage person to whom prohibition notice applies

130False or misleading information about prohibition notice

Division 4—Emergency removal of children

131Emergency removal of children

Part 5A—Review

Division 1—Internal review

132Reviewable decision—internal review

133Internal review of reviewable decisions

Division 2—External review

134Reviewable decision—external review

135Application for review of decision of the Regulatory Authority

Part 5B—Monitoring and enforcement

Division 1—Authorised officers

136Authorisation of authorised officers

137Identity card

Division 2—Powers of entry

138Powers of entry for assessing and monitoring approved children's service

139Powers of entry for investigating approved children's service

140Powers of entry to business premises

141Entry to premises without search warrant

142Entry to premises with search warrant

143Seized items

144Magistrates' Court may extend period

Division 3—Other powers

145Power to require name and address

146Power to require evidence of age, name and address of person

147Power of authorised officers to obtain information documents and evidence

Division 4—Offences relating to enforcement

148Offence to obstruct authorised officer

149Offence to fail to assist authorised officer

150Offence to destroy or damage notices or documents

151Offence to impersonate authorised officer

152Protection against self-incrimination

153Warning to be given

154Occupier's consent to search

Division 5—Powers of Regulatory Authority

155Power of Regulatory Authority to obtain information, documents and evidence by notice

156Power of Regulatory Authority to obtain information, documents and evidence at children's service

157Offence to fail to comply with notice or requirement

158Offence to hinder or obstruct Regulatory Authority

159Self-incrimination not an excuse

Part 5C—Regulatory Authority

160Functions of Regulatory Authority

161Powers of Regulatory Authority

162Delegations

Part 5D—Information, records and privacy

Division 1—Registers

163Register of approved providers

164Register of children's services

Division 2—Publication of information

165Publication of information

Division 3—Disclosure of information

166Disclosure of information to other authorities

167Disclosure of information to approved providers

168Duty of confidentiality

Part 6—Miscellaneous

Division 1—Administration

169Power to fund children's services

170Guidelines

171Ministerial delegation

172Immunity

Division 2—Legal proceedings

173Who may bring proceedings for an offence?

174When proceedings may be brought

175Offences by bodies corporate

176Application of Act to partnerships and eligible associations and other entities

177Multiple holders of an approval

178Immunity—education law

178AInfringement offences

179Evidentiary certificates

Division 3—Service of notices

180Service of notices

181Service by post

Division 4—False or misleading information

182False or misleading information or documents

Division 5—Protection from reprisal

183Definitions

184Protection from reprisal

185Proceedings for damages for reprisal

186Application for injunction or order

187Injunction or order

Division 6—Miscellaneous matters

188Production of records kept in computers etc.

189Determining age in years

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

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

Division 8—Regulations

191Regulations

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

Part 7—Transitional provisions—Children's Services Amendment Act 2019

Division 1—Preliminary

193Definitions

Division 2—Old licences

194Status of old licences

195Suspended licences

196Old licences held by trusts

197Conditions on old licences

198Copies of approvals to be given

199Existing multiple licences to merge

Division 3—Approved associated children's services

200Transitional arrangements for old approved associated children's services

201Cessation of application of section 200

Division 4—Exemptions from requirements of the old Act

202Individual service exemptions

203General service exemptions

Division 5—Applications

204Existing applications

Division 6—Nominated supervisors and other persons

205Nominated supervisors

206Persons in day-to-day charge

Division 7—Miscellaneous matters

207Notices to comply

208Disclosure of information

209Keeping of old information

Part 8—Transitional provisions—Early Childhood Legislation Amendment Act 2022

210Service approvals subject to the Child Safe Standards condition

211Transitional provision—Notification of persons with management or control of a children's service

212Transitional provision—assessment of provider approval applications

Schedule 1—Powers of entry by search warrant

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 044

Children's Services Act 1996

No. 53 of 1996

Version incorporating amendments as at

1 October 2024

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is to regulate children's services, in a manner that is consistent, where appropriate, with the regulation of education and care services under the Education and Care Services National Law (Victoria), by—

(a)establishing a scheme that provides for—

(i)the approval of persons who provide the services; and

(ii)the operation of the services; and

(b)providing for the monitoring and enforcement of the scheme; and

(c)providing for other related matters.

2Commencement

(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 July 1998, it comes into operation on that day.

3Definitions

(1)In this Act—

approval in principle means an approval in principle granted under section 100E for a proposed children's service premises;

approval in principle criteria means, of the regulations that regulate the children's service premises, those which are prescribed to be the approval in principle criteria;

approval in principle holder means—

(a)a person granted an approval in principle under section 100E; or

(b)if the approval in principle is transferred to another person under section 100M or 100N, that person;

*                *                *                *                *

*                *                *                *                *

approved children's service means a children's service for which a service approval exists;

*                *                *                *                *

approved learning framework has the same meaning as in the National Law;

approved provider means—

(a)a person who holds a provider approval; and

(b)a person who is taken to have been granted a provider approval under section 16;

*                *                *                *                *

authorised officer means—

(a)a person authorised to be an authorised officer under Part 5B; or

(b)a person authorised to be an authorised officer under the National Law;

*                *                *                *                *

Child Safe Standards has the same meaning as in the Child Wellbeing and Safety Act 2005;

children's service means a service providing education and care for 4 or more children under the age of 13 years in the absence of the parents or custodians of the children, where the service—

(a)is provided—

(i)for fee or reward; or

(ii)while the parents or custodians of the children use sports, leisure or other prescribed services or facilities provided by the provider of the service for the children; and

(b)is not an education and care service, within the meaning of the National Law;

children's service premises means each place at which a children's service operates or is to operate;

Commission for Children and Young People means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;

compliance direction means a compliance direction under section 116;

compliance notice means a compliance notice under section 117;

custodian, in relation to a child, means a person who has custody or control of the child who is not—

(a)a parent of the child; or

(b)a person providing a service of education and care to the child;

de facto relationship means—

(a)a registered domestic relationship; or

(b)a relationship between 2 people who are not married to each other but who are living together as a couple on a genuine domestic basis (irrespective of gender);

Department means the Department of Education and Training;

education and care service means a service that is an education and care service within the meaning of section 5(1) of the National Law;

education law means the Education and Training Reform Act 2006;

educator means an individual who provides education and care for children as part of a children's service;

eligible association means an association of a prescribed class;

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

family member, in relation to a child, means—

(a)a parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or halfblood and whether that relationship arises by marriage (including a de facto relationship) or by adoption or otherwise; or

(b)a relative of the child according to Aboriginal or Torres Strait Islander tradition; or

(c)a person with whom the child resides in a family-like relationship; or

(d)a person who is recognised in the child's community as having a familial role in respect of the child;

*                *                *                *                *

guardian, in relation to a child or other person, means the legal guardian of the child or person;

identity card means—

(a)in relation to an authorised officer to whom paragraph (a) of the definition of authorised officer applies, the identity card issued under section 137; or

(b)in relation to an authorised officer to whom paragraph (b) of the definition of authorised officer applies, the identity card issued under the National Law;

integrated sector regulator has the same meaning as in the Child Wellbeing and Safety Act 2005;

*                *                *                *                *

municipal council has the same meaning as Council has in the Local Government Act 1989;

National Authority has the same meaning as in the National Law;

National Law means the Education and Care Services National Law (Victoria);

National Law approved provider means the holder of a provider approval under the National Law that is not suspended;

national regulations means the regulations made under the National Law;

nominated supervisor, in relation to a children's service, means an individual who—

(a)is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and

(b)unless the individual is the approved provider, has provided written consent to that nomination;

*                *                *                *                *

parent, in relation to a child, includes—

(a)a guardian of the child; and

(b)a person who has parental responsibility for the child under a decision or order of a court;

Part 3A building means—

(a)a building that has 3 or more storeys (including the ground level and each level of a split level); or

(b)a building of a prescribed class;

participating jurisdiction has the same meaning as in the National Law;

payment, in relation to a prescribed fee, includes payment by electronic or other means;

person means—

(a)an individual; or

(b)a body corporate; or

(c)an eligible association; or

(d)a partnership; or

(e)a prescribed entity;

person in day-to-day charge, in relation to a children's service, means a person who is placed in day-to-day charge of the service in accordance with the regulations;

person with management or control means a person referred to in section 3A;

police officer has the same meaning as in the Victoria Police Act 2013;

prescribed ineligible person means a person in a class of persons prescribed by the regulations to be prescribed ineligible persons;

*                *                *                *                *

prohibition notice means a prohibition notice given under section 123(1) or (3);

*                *                *                *                *

protected disclosure has the meaning set out in section 183;

provider approval means—

(a)an approval granted under Part 2; and

(b)if an approval granted under Part 2 has been amended under this Act, the approval as amended—

but does not include such an approval that has been cancelled;

public authority means a body established for a public purpose by or under an Act;

receiving approved provider has the meaning set out in section 58;

*                *                *                *                *

Regulatory Authority means the Secretary;

relative, in relation to a child means a parent, grandparent, brother, sister, uncle, aunt or cousin of the whole blood or half-blood or by marriage including a de facto marriage, and whether or not the relationship depends on adoption of the child;

relevant entity means an approved provider of an approved children's service;

residence means the habitable areas of a dwelling;

*                *                *                *                *

schoolmeans a Government school or non‑Government school, within the meaning of the Education and Training Reform Act 2006;

Secretary means the Secretary to the Department of Education and Training;

sector regulator has the same meaning as in the Child Wellbeing and Safety Act 2005;

serious incident means an incident or class of incidents prescribed by the regulations as a serious incident;

service approval means a service approval—

(a)granted under Part 3; and

(b)if an approval granted under Part 3 has been amended under this Act, the approval as amended—

but does not include such an approval that has been cancelled;

*                *                *                *                *

staff member, in relation to a children's service, means any individual (other than a nominated supervisor or a volunteer) employed, appointed or engaged to work in or as part of a children's service, whether as an educator or otherwise;

*                *                *                *                *

this Act includes regulations made under the Act;

transferring approved provider has the meaning set out in section 58;

*                *                *                *                *

working with vulnerable people law has the same meaning as in the National Law;

WWC clearance has the same meaning as in the Worker Screening Act 2020.

(1A)For the purposes of the definition of de facto relationship in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; or

(b)in determining whether persons who are not in a registered domestic relationship are in a de facto relationship, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(1B)In this Act, a reference to education and care includes a reference to education or care.

*                *                *                *                *

(3)In this Act, a children's service is a children's service even if the service also provides education and care to children of or over the age of 13 years.

(4)In this Act, a reference (either generally or specifically) to a law or a provision of a law (including this Act and the National Law) includes a reference to any statutory instrument made or in force under the law or provision.

3AMeaning of person with management or control

For the purposes of this Act, each of the following persons is a person with management or control of a children's service—

(a)if the provider or intended provider of the service is a body corporate—

(i)an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service; and

(ii)any other person who—

(A)is a member of the group of persons responsible for the executive decisions made in relation to the children's service; or

(B)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service;

(b)if the provider or intended provider of the service is an eligible association—

(i)each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service; and

(ii)any other person who—

(A)is a member of the group of persons responsible for the executive decisions made in relation to the children's service; or

(B)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service;

(c)if the provider or intended provider of the service is a partnership—

(i)each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service; and

(ii)any other person who—

(A)is a member of the group of persons responsible for the executive decisions made in relation to the children's service; or

(B)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service;

(d)in any other case, any person who—

(i)is a member of the group of persons responsible for the executive decisions made in relation to the children's service; or

(ii)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service.

4Act to bind the Crown

(1)This Act binds the Crown, not only in right of Victoria but also, so far as the legislative capacity of Parliament permits, the Crown in all its other capacities.

(2)Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.

5Non-application of this Act

(1)Nothing in this Act applies in circumstances where the children being cared for or educated are—

(a)patients in a hospital which is a registered funded agency under the Health Services Act 1988;

(b)patients of a medical or therapeutic care service;

(c)recipients of protection, care or accommodation provided by a community service within the meaning of the Children, Youth and Families Act 2005;

(d)clients of a disability service provider within the meaning of the Disability Act 2006;

(e)recipients of supports or services provided by a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth.

(1A)Nothing in this Act applies in circumstances where the education provided to a child is education at a preparatory level or above at a Government school, or non-Government school, within the meaning of the Education and Training Reform Act 2006.

(1B)Nothing in this Act applies—

(a)to a service principally conducted to provide instruction in a particular activity or sport; or

Example

Instruction in a particular activity could be instruction in dance, music or language or religious instruction.

*                *                *                *                *

*                *                *                *                *

(d)to an early childhood intervention service provided for the principal purpose of providing therapeutic intervention for children with a disability, additional needs or developmental delay; or

(e)to a short-term program provided by and at a school to children who will attend the school in the following year, for the purpose of orienting children to the school; or

(f)to a service provided by and at a hotel or resort to provide education and care to children who are temporary guests of the hotel or resort; or

Example

A ski resort that offers child-minding services for children staying at the resort.

(g)to a service provided on an ad hoc basis at the place of a meeting, convention, seminar or other short-term event attended by a parent of, or other person responsible for, the child; or

(h)to a service providing education and care to children at a camp, including a camp where the children stay overnight; or

(i)to any other prescribed class of service.

(1C)To avoid doubt, it is declared that a service may be a children's 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.

(1D)To avoid doubt, it is declared that a service may be a children's service even though it is conducted—

(a)by an entity that also operates an education and care service under the National Law; or

(b)at a place at which an education and care service is operated under the National Law.

(2)Nothing in this Act applies in circumstances where the children are being cared for or educated in the children's own home or by a relative of the children.

(3)Nothing in this Act applies in circumstances where—

(a)children are being cared for or educated under an informal arrangement between a parent or custodian of one or more of the children and the individual (the carer) providing the care and education; and

(b)at least one of the children (other than a child of the carer) is being cared for or educated in his or her own home; and

(c)not more than 4 children under the age of 6 who are not students enrolled at a preparatory level or above at a school are being cared for or educated by the carer.

Example

A group of parents arrange for their children to be cared for by a babysitter or nanny in one of the parent's homes.

(4)Nothing in this Act applies in circumstances where children who are 6 years of age or over or who are students enrolled at a preparatory level or above at a school are being cared for or educated outside their own home under an informal arrangement between a parent or custodian of the children and the individual providing the care or education.

Example

A parent arranges for a neighbour or friend to care for his or her children after school.

6Exemption

(1)The Minister, by notice published in the Government Gazette, may declare that all or any of the provisions of this Act do not apply to any specified children's service or any specified type of children's service.

(2)A declaration may be made subject to any terms and conditions that are specified in the notice.

(3)A notice remains in force for any period that is specified in the notice or, if no period is specified, until the Minister, by notice published in the Government Gazette, revokes the earlier notice.

(4)A notice of revocation under subsection (3) does not apply to a children's service or a type of children's service until 60 days after the publication of the notice in the Government Gazette.

7Extraterritorial operation of Law

It is the intention of the Parliament that the operation of this Act includes, as far as possible, operation in relation to the following—

(a)things situated in or outside the territorial limits of this jurisdiction;

(b)acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;

(c)things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction.

8Objectives and guiding principles

(1)The objectives of this Act are—

(a)to ensure the safety, health and wellbeing of children attending children's services; and

(b)to improve the educational and developmental outcomes for children attending children's services; and

(c)to promote continuous improvement in the provision of quality children's services.

(2)The guiding principles of this Act are as follows—

(a)that the rights and best interests of the child are paramount;

(b)that children are successful, competent and capable learners;

(c)that the principles of equity, inclusion and diversity underlie this Act;

(d)that Australia's Aboriginal and Torres Strait Islander cultures are valued;

(e)that the role of parents and families is respected and supported;

(f)that best practice is expected in the provision of children's services.

9How functions exercised

An entity that has functions under this Act is to exercise its functions having regard to the objectives and guiding principles of this Act set out in section 8.

PART 2—PROVIDER APPROVAL

Division 1—Application for provider approval

10Application for provider approval

(1)A person, other than a prescribed ineligible person, may apply to the Regulatory Authority for a provider approval.

(2)An application may be made by more than one person.

(3)If an application is made by more than one person—

(a)the prescribed information must be provided in respect of each person; and

(b)the requirements of this Division must be complied with by and in respect of each person.

11Form of application

An application under section 10 must—

(a)be made to the Regulatory Authority; and

(b)be in writing; and

(c)include the prescribed information; and

(d)include payment of the prescribed fee.

12Applicant must be fit and proper person

(1)An applicant who is an individual must satisfy the Regulatory Authority that the applicant is a fit and proper person to be involved in the provision of a children's service.

(2)If the applicant is not an individual, the applicant must satisfy the Regulatory Authority that—

(a)each person who will be a person with management or control of a children's service to be operated by the applicant is a fit and proper person to be involved in the provision of a children's service; and

(b)the applicant is a fit and proper person to be involved in the provision of a children's service.

13Matters to be taken into account in assessing whether fit and proper person

(1)In determining whether a person is a fit and proper person under this Division, the Regulatory Authority must have regard to—

(a)the person's history of compliance with—

(i)this Act; and

(ii)any law referred to in section 13(1)(a) of the National Law; and

Note

If a person has been served with an infringement notice for an offence under the National Law or this Act, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291(5) of the National Law and section 178A of this Act.

(b)any decision under this Act or the National Law to refuse, refuse to renew, suspend or cancel an approval or other authorisation granted under this Act or the National Law; and

(c)any decision referred to in section 13(1)(b) of the National Law; and

(d)either—

(i)any prescribed matters relating to the criminal history of the person to the extent that history may affect the person's suitability for the role of provider of a children's service; or

(ii)any check of the person under a working with vulnerable people law of a participating jurisdiction; and

(e)whether the person is bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors or, in the case of a body corporate, is insolvent under administration or an externally administered body corporate.

(2)Without limiting subsection (1), the Regulatory Authority may have regard to—

(a)whether the person has a medical condition that may cause the person to be incapable of being responsible for providing a children's service in accordance with this Act; and

(b)whether the financial circumstances of the person may significantly limit the person's capacity to meet the person's obligations in providing a children's service in accordance with this Act; and

(c)whether the person has the management capability to operate a children's service in accordance with this Act; and

(d)any of the following actions taken under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth in relation to a child care service approved under that Act, operated by the person or in relation to which the person was a person with management or control—

(i)a sanction imposed under section 195H of that Act;

(ii)a suspension imposed under section 197A of that Act;

(iii)an infringement notice issued under Part 5 of the Regulatory Powers (Standard Provisions) Act 2014 of the Commonwealth in respect of section 219WA of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(3)Nothing in subsection (1) or (2) limits the circumstances in which a person may be considered not to be a fit and proper person to be involved in the provision of a children's service.

14Regulatory Authority may seek further information

(1)For the purpose of carrying out an assessment as to whether a person is a fit and proper person, the Regulatory Authority may—

(a)ask the person to provide further information, including for the purposes of assessing the person's knowledge of this Act and the regulations; and

(b)undertake inquiries in relation to the person; and

(c)by written notification, require the person to undergo an oral or written assessment of the person's knowledge of this Act and the regulations.

(2)If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.

(3)If the Regulatory Authority requires the applicant to undergo an assessment under this section, the period from the giving of the notification until the conduct of the assessment is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.

15Grant or refusal of provider approval

(1)On an application under section 10, the Regulatory Authority may—

(a)grant the provider approval; or

(b)refuse to grant the provider approval.

Note

A provider approval is granted subject to conditions in accordance with section 19.

(2)The Regulatory Authority must not grant a provider approval unless the Authority is satisfied as to the matters in section 12.

(3)Subject to subsection (4), the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.

Notes

1.    If further information is requested under section 14(1)(a), the period between the making of the request and the provision of the information is not included in the 60 day period.

2.    If an assessment is required under section 14(1)(c), the period between the giving of the notification and the conduct of the assessment is not included in the 60 day period.

(4)The period referred to in subsection (3) may be extended by up to 30 days with the agreement of the applicant.

(5)The Regulatory Authority is taken to have refused to grant a provider approval if the Regulatory Authority has not made a decision under subsection (1)—

(a)within the relevant period required under subsection (3); or

(b)within the period extended under subsection (4)—

as the case requires.

(6)The Regulatory Authority must give written notice to the applicant of a decision under this section and the reasons for that decision within 7 days after the decision is made.

16National Law approved providers, granting of provider approvals

(1)On a National Law approved provider making an application for a service approval under Part 3, the National Law approved provider is taken to be granted a provider approval under this Part.

(2)A provider approval to which subsection (1) applies is taken to be subject to any conditions to which the provider approval under the National Law of the approved provider is subject, unless the condition is inconsistent with this Act.

(3)A provider approval that is taken to be granted under subsection (1) is taken to be cancelled if either of the following occurs—

(a)the Regulatory Authority refuses the application for the service approval under section 47(1);

(b)the service approval is not granted within the period of 6 months after the provider approval is taken to be granted under subsection (1).

17National Law approved providers, transfers of provider approvals

(1)On a National Law approved provider giving notification to the Regulatory Authority of a proposal to transfer a service approval to the National Law approved provider under Division 3 of Part 3, the National Law approved provider is taken to be granted a provider approval under this Part.

(2)A provider approval to which subsection (1) applies is taken to be subject to any conditions to which the provider approval under the National Law of the approved provider is subject, unless the condition is inconsistent with this Act.

(3)A provider approval that is taken to be granted under subsection (1) is taken to be cancelled if either of the following occurs—

(a)the Regulatory Authority refuses to consent to the proposed transfer under section 65(1);

(b)the Regulatory Authority does not consent to the proposed transfer within the period of 6 months after the provider approval is taken to be granted under subsection (1).

18Duration and effect of provider approval

(1)A provider approval continues in force until it is cancelled or surrendered under this Act.

(2)A provider approval authorises the approved provider to operate an approved children's service if the approved provider is the holder of the service approval for the service.

19Conditions on provider approval

(1)A provider approval may be granted subject to any conditions that are prescribed in the regulations or that are determined by the Regulatory Authority.

(2)Without limiting subsection (1), a provider approval is subject to the condition that the approved provider must comply with this Act.

(3)A condition of a provider approval applies to the provider as the operator of any children's service, unless the condition expressly provides otherwise.

(4)An approved provider must comply with the conditions of the provider approval.

Penalty:60 penalty units, in the case of an individual.

300 penalty units, in any other case.

20Copy of provider approval

If the Regulatory Authority grants a provider approval under this Part, the Regulatory Authority must provide a copy of the provider approval to the approved provider stating—

(a)the name of the approved provider; and

(b)if the approved provider is not an individual, the address of the principal office of the provider; and

(c)any conditions to which the approval is subject; and

(d)the date that the provider approval was granted; and

(e)the provider approval number; and

(f)any other prescribed matters.

Division 2—Reassessment

21Reassessment of fitness and propriety

(1)The Regulatory Authority may at any time assess—

(a)whether an approved provider continues to be a fit and proper person to be involved in the provision of a children's service; or

(b)whether a person with management or control of a children's service operated by an approved provider continues to be a fit and proper person to be involved in the provision of a children's service; or

(c)whether a person who becomes a person with management or control of a children's service operated by the approved provider after the grant of the provider approval is a fit and proper person to be involved in the provision of a children's service.

(2)Sections 13 and 14 apply to the reassessment.

Division 3—Amendment of provider approvals

22Amendment of provider approval on application

(1)An approved provider may apply to the Regulatory Authority for an amendment of the provider approval.

(2)The application must—

(a)be in writing; and

(b)include the prescribed information; and

(c)include payment of the prescribed fee.

(3)The Regulatory Authority must decide the application by—

(a)amending the provider approval in the way applied for; or

(b)with the applicant's written agreement, amending the provider approval in another way; or

(c)refusing to amend the provider approval.

(4)The Regulatory Authority must make a decision on the application within 30 days after the Regulatory Authority receives the application.

(5)Without limiting subsection (3), an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.

23Amendment of provider approval by Regulatory Authority

(1)The Regulatory Authority may amend a provider approval at any time without an application from the approved provider.

(2)Without limiting subsection (1), an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.

(3)The Regulatory Authority must give written notice to the approved provider of the amendment.

(4)An amendment under this section has effect—

(a)14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or

(b)if another period is specified by the Regulatory Authority, at the end of that period.

24Copy of amended provider approval to be provided

If the Regulatory Authority amends a provider approval under this Division, the Regulatory Authority must—

(a)provide an amended copy of the provider approval to the approved provider; and

(b)make any necessary amendments to any service approval held by the provider and provide an amended copy of the service approval to the approved provider.

Division 4—Suspension or cancellation of provider approval

25Grounds for suspension of provider approval

The Regulatory Authority may suspend a provider approval if—

(a)the approved provider has been charged with an indictable offence, or with an offence that if committed in Victoria would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of a children's service; or

(b)the approved provider has failed to comply with a condition of the provider approval; or

(c)the approved provider has failed to comply with—

(i)this Act; or

(ii)the National Law as applying in any participating jurisdiction; or

(d)action is being taken under Part 5 (other than a compliance direction) in respect of more than one children's service operated by the approved provider; or

(e)the approved provider has not operated any children's service for a period of more than 12 months (including any period of suspension); or

(f)the approved provider purported to transfer or receive a transfer of an approved children's service without the consent of the Regulatory Authority; or

(g)the approved provider has not paid any outstanding prescribed fees; or

(h)under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or

Note

It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(i)the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.

Note

The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

26Show cause notice before suspension

(1)This section applies if the Regulatory Authority is considering the suspension of a provider approval under section 25.

(2)The Regulatory Authority must first give the approved provider a notice (show cause notice) stating—

(a)that the Regulatory Authority intends to suspend the provider approval; and

(b)the proposed period of suspension; and

(c)the reasons for the proposed suspension; and

(d)that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.

27Decision to suspend after show cause process

After considering any written response from the approved provider received within the time allowed by section 26(2)(d), the Regulatory Authority may—

(a)if the suspension was proposed on a ground referred to in section 25(a), accept an undertaking from the approved provider under section 119; or

(b)in any case—

(i)suspend the provider approval for a period not more than the prescribed period; or

(ii)decide not to suspend the provider approval.

28Suspension without show cause notice

(1)The Regulatory Authority may suspend the provider approval on a ground referred to in section 25 without giving the approved provider a show cause notice under section 26 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by a children's service operated by the provider.

(2)The suspension may not be for a period of more than 6 months.

29Notice and taking effect of suspension

(1)The Regulatory Authority must give the approved provider written notice of the decision to suspend the provider approval.

(2)The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect.

(3)The decision under section 27 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.

(4)The decision under section 28 to suspend takes effect on the giving of the notice.

30Effect of suspension

(1)Subject to this section, if a provider approval is suspended under section 27 or 28, all service approvals held by the provider are also suspended for the same period.

(2)A person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension.

(3)A service approval is not suspended under subsection (1) during any period that a person is approved under section 41 to manage or control the children's service.

(4)The Regulatory Authority may consent under Part 3 to the transfer of a service approval that is suspended under section 27 or 28.

(5)The suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date.

31Grounds for cancellation of provider approval

The Regulatory Authority may cancel a provider approval if—

(a)the Regulatory Authority is satisfied that the approved provider or a person with management or control of a children's service operated by the approved provider is not a fit and proper person to be involved in the provision of a children's service; or

(b)the Regulatory Authority is satisfied that the continued provision of children's services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by a children's service operated by the approved provider; or

(c)the approved provider has been found guilty of an indictable offence or an offence that if committed in Victoria would be an indictable offence; or

(d)the approved provider has been found guilty of an offence under—

(i)this Act; or

(ii)the National Law as applying in any participating jurisdiction; or

(e)the approved provider has breached a condition of the provider approval; or

(f)the approved provider has not operated any children's service for a period of more than 12 months (including any period of suspension); or

(g)under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or

Note

It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(h)the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.

Note

The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

32Show cause notice before cancellation

(1)This section applies if the Regulatory Authority is considering the cancellation of a provider approval under section 31.

(2)The Regulatory Authority must first give the approved provider a notice (show cause notice) stating—

(a)that the Regulatory Authority intends to cancel the provider approval; and

(b)the reasons for the proposed cancellation; and

(c)that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.

33Decision in relation to cancellation

(1)After considering any written response from the approved provider received within the time allowed under section 32(2)(c), the Regulatory Authority—

(a)may—

(i)cancel the provider approval; or

(ii)suspend the provider approval for a period not more than the prescribed period; or

(iii)decide not to cancel the provider approval; and

(b)must give the approved provider written notice of the decision.

(2)The decision to cancel the provider approval takes effect at the end of 14 days after the date of the decision or, if another period is specified by the Regulatory Authority, at the end of that period.

(3)The notice of a decision to cancel the provider approval must set out the date on which it takes effect.

(4)This Act applies to a suspension of a provider approval under this section as if it were a suspension under section 27.

34Effect of cancellation

(1)Subject to this section, if a provider approval is cancelled under section 33, all service approvals held by the person who was the approved provider are also cancelled.

(2)A service approval is not cancelled under subsection (1) if before that cancellation a person is approved under section 41 to manage or control the children's service.

(3)A service approval is cancelled if a person referred to in subsection (2) ceases to manage or control the service.

(4)A provider whose provider approval is to be cancelled under section 33 may apply to the Regulatory Authority under Part 3 for consent to transfer a service approval held by the provider.

(5)The application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made.

(6)If an application for consent to transfer is made, the service approval is suspended until the Regulatory Authority determines the application.

(7)The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer specify a later date.

(8)If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent.

35Approved provider to provide information to Regulatory Authority

(1)This section applies if a show cause notice has been given to an approved provider under section 26 or 32.

(2)The approved provider, at the request of the Regulatory Authority, must, within 7 days of the request, provide the Regulatory Authority with the contact details of the parents of all children enrolled at each children's service operated by the approved provider.

(3)The Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at a children's service about the suspension or cancellation.

36Notice to parents of suspension or cancellation

(1)This section applies if a provider approval has been suspended or cancelled under section 27, 28, 33 or 34.

(2)The Regulatory Authority may require the person who is or was the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at all or any of the children's services operated by that person.

(3)A person must comply with a requirement made of that person under subsection (2).

Penalty:20 penalty units, in the case of an individual.

100 penalty units, in any other case.

37Voluntary suspension of provider approval

(1)An approved provider may apply to the Regulatory Authority for a suspension of the provider approval for a period of not more than 12 months.

(2)The application must—

(a)be in writing; and

(b)include the prescribed information; and

(c)include payment of the prescribed fee.

(3)The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the children's services operated by the approved provider of the intention to make the application.

(4)The Regulatory Authority must within 30 days after the application is made decide whether or not to grant the application.

(5)The Regulatory Authority must give written notice of its decision (including the period of suspension) to the approved provider.

(6)If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider.

(7)A suspension under this section remains in force for the period of time specified in the notice.

(8)The approved provider may apply to the Regulatory Authority to revoke the suspension before the end of the suspension period.

(9)If the Regulatory Authority grants the application to revoke the suspension, the suspension ceases on the date determined by agreement with the approved provider.

(10)If a provider approval is suspended under this section, each service approval held by the provider is also suspended for the same period unless—

(a)a person is approved under section 41 to manage or control the children's service to which the approval relates; or

(b)the service approval is transferred under Division 3 of Part 3.

38Surrender of provider approval by approved provider

(1)An approved provider may surrender the provider approval by written notice to the Regulatory Authority.

(2)The notice must specify a date on which the surrender is intended to take effect which must be—

(a)after the notice is given; and

(b)after the end of the period of notice required under subsection (3).

(3)The approved provider must notify the parents of children enrolled at the children's service operated by the approved provider of the intention to surrender the provider approval, at least 14 days before the surrender is intended to take effect.

(4)If a provider approval is surrendered, the approval is cancelled on the date specified in the notice.

(5)If a provider approval is surrendered, any service approval held by the provider is also taken to be surrendered.

Note

If a service approval is surrendered, it is cancelled—see section 84. A cancelled service approval cannot be transferred—see definition of service approval and also Division 3 of Part 3.

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

39Death of approved provider

(1)This section applies if an approved provider dies.

(2)A nominated supervisor or a person in day‑to-day charge of a children's service of the approved provider must notify the Regulatory Authority of the approved provider's death within 7 days after that death.

(3)The executor of the estate of the approved provider may continue to operate any approved children's service of the approved provider for the relevant period provided that at least one nominated supervisor continues to manage the day-to-day operation of the service.

(4)The executor of the estate of the approved provider may transfer, surrender or apply for suspension of a service approval of the approved provider under this Act during the relevant period as if the executor were the approved provider.

(5)The executor of the estate of the approved provider may apply to the Regulatory Authority for a provider approval.

(6)The application must be made within 30 days of the death of the approved provider and must—

(a)be in writing; and

(b)include the prescribed information; and

(c)include payment of the prescribed fee.

(7)In this section, relevant period means—

(a)the period of 30 days after the death of the approved provider; or

(b)if the executor of the estate of the approved provider makes an application under subsection (5) within that period, until the application is finally determined under this Act.

40Incapacity of approved provider

(1)This section applies if an approved provider has become incapacitated.

(2)The legal personal representative or guardian of an approved provider may apply to the Regulatory Authority for a provider approval.

(3)The application must—

(a)be in writing; and

(b)include the prescribed information; and

(c)include payment of the prescribed fee.

41Decision on application

(1)The Regulatory Authority must not grant a provider approval to a person who has made an application under section 39 or 40 unless the Regulatory Authority is satisfied that the person is a fit and proper person to be involved in the provision of a children's service.

(2)Sections 12, 13 and 14 apply to the assessment of a person under subsection (1).

(3)Subject to this section, the Regulatory Authority may—

(a)grant the provider approval; or

(b)grant the provider approval subject to conditions; or

(c)refuse to grant the provider approval.

(4)An approval under this section—

(a)may be granted for a period of not more than 6 months; and

(b)may be extended or further extended for periods of not more than 6 months—

at the discretion of the Regulatory Authority.

(5)The provider approval is granted only in relation to the operation of the approved children's services of the approved provider for whom the applicant is the executor, legal personal representative or guardian, as the case requires.

PART 3—SERVICE APPROVAL

Division 1—Application for service approval

42Application for service approval

(1)An approved provider under this Act or a National Law approved provider may apply to the Regulatory Authority for a service approval for a children's service.

(2)An approved provider under this Act or a National Law approved provider may only apply for a service approval for a children's service if the approved provider is or will be the operator of the children's service and is or will be responsible for the management of the staff members and nominated supervisors of that service.

(3)A person who has applied for a provider approval under this Act may apply to the Regulatory Authority for a service approval, however the Regulatory Authority must not grant the service approval unless the provider approval is granted.

43Form of application

An application for a service approval must—

(a)be made to the Regulatory Authority; and

(b)be in writing; and

(c)include the prescribed information; and

(d)nominate one or more individuals to be nominated supervisors of the children's service; and

(e)include from each nominated individual (other than the approved provider) the written consent to the nomination; and

(f)include payment of the prescribed fee.

44Regulatory Authority may seek further information

(1)The Regulatory Authority may ask an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.

(2)If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 47 for the Regulatory Authority to make a decision on the application.

45Investigation of application for service approval

(1)For the purposes of determining an application for a service approval, the Regulatory Authority may—

(a)undertake inquiries and investigations, including inquiries relating to any previous licensing, accreditation or registration of the children's service under this Act or the National Law; and

(b)inspect the children's service premises; and

(c)inspect the policies and procedures of the service.

(2)For the purposes of an inspection under subsection (1)(b) or (c), the Regulatory Authority may enter the children's service premises at any reasonable time.

46Determination of application

(1)In determining an application under section 42, the Regulatory Authority must have regard to—

(a)the suitability of the children's service premises and the site and location of those premises for the operation of a children's service; and

(ab)any approval in principle held by the approved provider for the children's service premises, and whether the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle; and

(b)the adequacy of the policies and procedures of the service; and

(c)whether the applicant has a provider approval; and

(d)except in the case of a nominated supervisor who is the approved provider, whether each nominated supervisor has consented in writing to the nomination; and

(e)any other matter the Regulatory Authority thinks fit; and

(f)any other prescribed matter.

(2)In addition, the Regulatory Authority may have regard to either of the following—

(a)whether the applicant is capable of operating the children's service having regard to the financial capacity and management capability of the applicant and any other matter the Regulatory Authority considers relevant;

(b)the applicant's history of compliance with—

(i)this Act, including in relation to any other children's service the applicant operates or has operated; or

(ii)the National Law as applying in any participating jurisdiction, including in relation to any education and care service the applicant operates or has operated.

47Grant or refusal of service approval

(1)On an application under section 42, the Regulatory Authority may—

(a)grant the service approval for the children's service; or

(b)refuse to grant the service approval.

Note

A service approval is granted subject to conditions in accordance with section 50.

(2)Subject to subsection (3), the Regulatory Authority must make a decision on the application within 90 days after the Regulatory Authority received the application.

Note

If further information is requested under section 44(2), the period between the making of the request and the provision of the information is not included in the 90 day period.

(3)The period referred to in subsection (2) may be extended with the agreement of the applicant.

(4)The Regulatory Authority is taken to have refused to grant a service approval if the Regulatory Authority has not made a decision under subsection (1)—

(a)within the relevant time required under subsection (2); or

(b)within the period extended under subsection (3)—

as the case requires.

48Grounds for refusal

(1)The Regulatory Authority must refuse to grant a service approval if—

(a)the Regulatory Authority is satisfied that the service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the children's service; or

(b)the applicant does not have a provider approval.

(2)The Regulatory Authority may refuse to grant a service approval on any other prescribed grounds.

(3)The Regulatory Authority must not refuse to grant a service approval on the ground that the proposed children's service premises do not meet the approval in principle criteria if—

(a)the approved provider is an approval in principle holder for the premises; and

(b)the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.

(4)Subsection (3) does not prevent the Regulatory Authority from refusing to grant a service approval on any other ground, including a ground set out in subsection (1)(a) or section 46(1)(a).

49Notice of decision on application

The Regulatory Authority must give written notice to the applicant of a decision under section 47 and the reasons for the decision within 7 days after the decision is made.

50Conditions on service approval

(1)A service approval is granted subject to the condition that the children's service is operated in a way that—

(a)ensures the safety, health and wellbeing of the children being educated and cared for by the service; and

(b)meets the educational and developmental needs of the children being educated and cared for by the service.

(2)A service approval is granted subject to a condition that the approved provider must commence ongoing operation of the service within 6 months after the approval is granted unless the Regulatory Authority agrees to an extension of time.

(2A)A service approval is subject to the condition that the approved provider must ensure that the children's service to which the approval applies is operated in a way that complies with the Child Safe Standards.

(3)A service approval is granted subject to a condition that the approved provider must hold the prescribed insurance in respect of the children's service.

(4)A service approval is granted subject to a condition that the approved provider must ensure that the number of children educated and cared for by the service at any one time does not exceed the maximum number of children specified in the service approval.

(5)An approved provider is not required to comply with subsection (4) if—

(a)the maximum number of children is exceeded because a child is, or 2 or more children from the same family are, being educated and cared for by the children's service in an emergency; and

(b)the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of any other child who is attending the children's service.

Example

An emergency under this subsection would include circumstances where a child is in need of protection under a child protection order or where the parent of a child needs urgent health care that prevents that parent caring for the child.

(6)A service approval is granted subject to any other conditions prescribed in the regulations or imposed by—

(a)this Act; or

(b)the Regulatory Authority.

(7)An approved provider must comply with the conditions of a service approval held by the approved provider.

Penalty:60 penalty units, in the case of an individual.

300 penalty units, in any other case.

51Copy of service approval to be provided

(1)If the Regulatory Authority grants a service approval under this Part, the Regulatory Authority must provide a copy of the service approval to the approved provider stating—

(a)the name of the children's service; and

(b)the location of the children's service; and

(c)any conditions to which the service approval is subject; and

(d)the date the service approval was granted; and

(e)the service approval number; and

(f)the name of the approved provider; and

(g)the maximum number of children who can be educated and cared for by the service at any one time; and

(h)the details of any service waiver under Division 5 or temporary waiver under Division 6 applying to the service; and

(i)any other prescribed matters.

(2)If a provider approval is taken to be granted under section 16(1), at the same time as the Regulatory Authority provides a copy of the service approval under subsection (1), the Regulatory Authority must provide a copy of the provider approval to the approved provider stating—

(a)the matters set out in section 20(a), (b), (c), (e) and (f); and

(b)the date that the provider approval is taken to be granted.

52Annual fee

An approved provider must, in accordance with the regulations, pay the prescribed annual fee in respect of each service approval held by the approved provider.

Division 2—Amendment of service approval

53Amendment of service approval on application

(1)An approved provider may apply to the Regulatory Authority for an amendment of a service approval.

(2)An application must—

(a)be in writing; and

(b)include the prescribed information; and

(c)include payment of the prescribed fee.

(3)The Regulatory Authority may ask the approved provider to provide any further information that is reasonably required for the purpose of assessing the application.

(4)If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in subsection (5).

(5)The Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.

(i)the training of educators and staff members; and

(ii)plans, policies and procedures used to manage medical conditions and first aid; and

(iii)the keeping and storage of first aid kits and medications;

(l)information required to be submitted for applications made under this Act;

(m)requirements for the provision and display of information by approved providers;

(n)the publication of information about enforcement actions taken under this Act, including notice and review of proposals to publish information;

(o)matters relating to the application of this Act to partnerships, eligible associations or prescribed entities;

(p)requirements relating to the receipt and payment and distribution of fees and monetary penalties payable under this Act.

(4)The regulations—

(a)may exempt any children's service or any type or class of children's service from complying with all or any of the regulations; and

(b)may impose penalties not exceeding 10 penalty units for offences against the regulations.

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

(1)If this Act authorises or requires the making of a regulation or other statutory instrument in relation to a matter, a regulation or other statutory instrument made under this Act may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—

(a)an Act, regulation or other statutory instrument; or

(b)another document (whether of the same or a different kind)—

as in force at a particular time or as in force from time to time.

(2)If a regulation or other statutory instrument applies, adopts or incorporates the provisions of a document, the regulation or other statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the regulation or other statutory instrument otherwise expressly provides.

(3)A regulation or other statutory instrument may—

(a)apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or

(b)apply generally to all persons, matters or things or be limited in its application to—

(i)particular persons, matters or things; or

(ii)particular classes of persons, matters or things; or

(c)otherwise apply generally or be limited in its application by reference to specified exceptions or factors.

(4)A regulation or other statutory instrument may—

(a)apply differently according to different specified factors; or

(b)otherwise make different provision in relation to—

(i)different persons, matters or things; or

(ii)different classes of persons, matters or things; or

(iii)the type or class of children's service and the ages of children being educated and cared for by a service.

(5)A regulation or other statutory instrument may authorise a matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or body.

(6)If this Act authorises or requires a matter to be regulated by regulation or other statutory instrument, the power may be exercised by prohibiting by regulation or other statutory instrument the matter or any aspect of the matter.

(7)If this Act authorises or requires provision to be made with respect to a matter by regulation or other statutory instrument, a regulation or other statutory instrument made under this Act may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Act in relation to another aspect of the matter or in relation to another matter.

(8)A regulation or other statutory instrument may provide for the review of, or a right of appeal against, a decision made under the regulation, other statutory instrument, or this Act, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.

(9)A regulation or other statutory instrument may require a form prescribed by or under the regulation or other statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.

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

Division 1—Preliminary

193Definitions

In this Part—

commencement day means the day on which the 2019 Act comes into operation;

old Act means this Act as in force immediately before the commencement day;

old approved associated children's service means a children's service that was an approved associated children's service under the National Law immediately before the commencement day;

old licence means a licence to operate a children's service issued under the old Act and in force immediately before the commencement day which authorises the operation of a children's service;

old person in charge, in relation to a transitioned children's service, means a person who was, immediately before the commencement day, a nominee for that service within the meaning of nominee in the old Act, but does not include an old primary nominee for that service;

old primary nominee, in relation to a transitioned children's service, means the person who was, immediately before the commencement day, the primary nominee for that service within the meaning of primary nominee in the old Act;

transition period, in relation to an old approved associated children's service, means the period commencing on the commencement day and ending at the end of the day immediately preceding the day that is 2 years after the commencement day;

transitioned children's service means a children's service provided under an old licence in respect of which the licence holder, under Division 2, is taken to hold a provider approval and a service approval under this Act;

2019 Act means the Children's Services Amendment Act 2019.

Division 2—Old licences

194Status of old licences

(1)On and from the commencement day, a person who was the holder of an old licence—

(a)is taken to hold a provider approval in respect of the children's service for which the person held the licence; and

(b)is taken to hold a service approval for the children's service for which the person held the licence.

(2)A person who is taken to hold a provider approval in respect of a children's service under subsection (1)(a) must notify the Regulatory Authority of the name and contact details of each person with management or control of the children's service.

(3)A notice under subsection (2) must be given no more than 30 days after the commencement day.

(4)This Act applies to a provider approval and to a service approval that a person is taken to hold under subsection (1) as if—

(a)the provider approval and service approval had been granted under this Act; and

(b)as if the provider approval and service approval had been granted on the commencement day.

195Suspended licences

If an old licence which is taken to be a provider approval and service approval under section 194 was suspended immediately before the commencement day under the old Act—

(a)the provider approval and service approval are taken to be suspended for the remainder of the period for which the old licence was suspended under the old Act; and

(b)this Act applies to the suspension of the provider approval and service approval as if the approvals were suspended under this Act.

196Old licences held by trusts

(1)If, immediately before the commencement day, the holder of the old licence was a trust, the trustee or trustees of the trust are taken to be the approved provider of the children's service under section 194.

(2)The trust must, within 30 days after the commencement day, notify the Regulatory Authority of the identity of the trustee or trustees of the trust.

(3)If the notice is not given under subsection (2) within the required period, each trustee of the trust ceases to be an approved provider under this section at the end of that period.

197Conditions on old licences

(1)If, under this Division, a person is taken to hold a provider approval, any conditions of the old licence relating to that person are taken to be conditions of the provider approval, unless inconsistent with this Act.

(2)If, under this Division, a person is taken to hold a service approval, any conditions of the old licence relating to the children's service are taken to be conditions of the service approval, unless inconsistent with this Act.

198Copies of approvals to be given

(1)The Regulatory Authority must, within 6 months after the commencement day, give to each person who is taken to be the holder of a provider approval under this Division a copy of the provider approval setting out the matters listed in section 20.

(2)The Regulatory Authority must, within 6 months after the commencement day, give to each person who is taken to be the holder of a service approval under this Division a copy of the service approval setting out the matters listed in section 51.

199Existing multiple licences to merge

If, immediately before the commencement day, the holder of an old licence held more than one old licence in respect of the same premises, the old licences are taken to be one service approval in respect of those premises for the purposes of this Act.

Division 3—Approved associated children's services

200Transitional arrangements for old approved associated children's services

(1)Despite the commencement of section 190, for the transition period an old approved associated children's service may continue to operate as if section 190 had not been enacted.

(2)The provisions of this Act apply to an old approved associated children's service operating under subsection (1) as if—

(a)the old approved associated children's service were an approved children's service under this Act; and

(b)the approved provider of the old approved associated children's service under the National Law were the approved provider under this Act; and

(c)the person who was the nominated supervisor of the old approved associated children's service under the National Law were the nominated supervisor under this Act.

201Cessation of application of section 200

On and from the day that is 2 years after the commencement day section 200 ceases to apply to old approved associated children's services.

Division 4—Exemptions from requirements of the old Act

202Individual service exemptions

(1)This section applies in respect of the holder of an old licence for a children's service that was not required to comply with a requirement of the old Act under a relevant declaration immediately before the commencement day.

(2)The children's service is taken to comply with an equivalent requirement of this Act—

(a)for the period of 6 months from the commencement day; or

(b)if the holder of the old licence applies to the Regulatory Authority under this Act for a temporary waiver or service waiver under this Act in respect of that requirement and the application is received by the Regulatory Authority on or before the expiry of the 6-month period, to the date on which the application is finally determined under this Act.

(3)In this section—

relevant declaration, in relation to a children's service, means—

(a)a declaration made under section 29A of the old Act specifically in respect of the children's service; or

(b)a declaration made under section 6(1) of the old Act specifically in respect of the children's service.

203General service exemptions

On and from the commencement day, a declaration in respect of a specified type of service under section 6 or 29A of the old Act that was in force immediately before the commencement day, is taken to continue in force—

(a)as if the declaration applied to the equivalent requirement of this Act as in force on and from the commencement day; and

(b)unless sooner revoked, for the remainder of the period for which it was specified to remain in force in the notice of the declaration.

Division 5—Applications

204Existing applications

(1)On and from the commencement day, a person who applied for an old licence under the old Act whose application is on foot immediately before the commencement day is taken to have applied under this Act for a provider approval and a service approval.

(2)To avoid doubt, the Regulatory Authority has all the powers under this Act to deal with the application as if it were an application under this Act.

(3)This section does not apply if the applicant is a prescribed ineligible person.

Division 6—Nominated supervisors and other persons

205Nominated supervisors

(1)On and from the commencement day, an old primary nominee of a transitioned children's service is taken to be the nominated supervisor for that service.

(2)Subsection (1) ceases to apply if—

(a)the approved provider does not confirm the nomination within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority; or

(b)the person advises the Regulatory Authority in writing that the person does not consent to being the nominated supervisor of the children's service.

206Persons in day-to-day charge

(1)On and from the commencement day, an old person in charge of a transitioned children's service is taken to be a person in day-to-day charge for that service.

(2)Subsection (1) ceases to apply if another person is placed in day-to-day charge of the service under the regulations.

Division 7—Miscellaneous matters

207Notices to comply

(1)On and from the commencement day, an old Act compliance notice in force immediately before the commencement day is taken to be a compliance notice under this Act.

(2)In this section—

old Act compliance notice means a notice issued under section 43 or 43A of the old Act.

208Disclosure of information

For the purposes of section 166, information that may be disclosed by the Regulatory Authority includes information obtained or kept by the Regulatory Authority under the old Act.

209Keeping of old information

(1)A person who was the proprietor of a children's service immediately before the commencement day must—

(a)keep the prescribed records about the children's service for the prescribed period; or

(b)within the prescribed period after the commencement day, transfer the prescribed records about the children's service to the approved provider.

Penalty:15 penalty units, in the case of an individual.

125 penalty units, in any other case.

(2)A person who was the holder of an old licence immediately before the commencement day must keep the prescribed records about the children's service to which the licence applied for the prescribed period.

Penalty:15 penalty units, in the case of an individual.

125 penalty units, in any other case.

(3)An approved provider to whom records are transferred under subsection (1)(b) must keep the prescribed records for the prescribed period.

Penalty:15 penalty units, in the case of an individual.

125 penalty units, in any other case.

(4)A person who is required to keep records under this section must make the records available to the Regulatory Authority on being requested to do so by the Regulatory Authority in the prescribed manner.

Penalty:15 penalty units, in the case of an individual.

125 penalty units, in any other case.

*                *                *                *                *

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

210Service approvals subject to the Child Safe Standards condition

(1)On and after the commencement of section 8 of the Early Childhood Legislation Amendment Act 2022, the following service approvals are subject to the Child Safe Standards condition—

(a)a service approval that is in force immediately before the commencement of that section 8;

(b)a service approval that is suspended under section 72 or 83 immediately before the commencement of that section 8.

(2)In this section—

Child Safe Standards condition means the condition to which the service approval is subject under section 50(2A).

211Transitional provision—Notification of persons with management or control of a children's service

(1)For the purposes of section 113(1)(b), a person who is a person with management or control on the commencement day is taken to be appointed as a person with management or control on that day.

(2)Subsection (1) does not apply to a person who, immediately before the commencement day, was a person with management or control within the meaning of this Act as in force immediately before the commencement day.

(3)In this section—

commencement day means the day on which section 40 of the Early Childhood Legislation Amendment Act 2022 comes into operation.

212Transitional provision—assessment of provider approval applications

(1)Section 14, as amended by section 41 of the Early Childhood Legislation Amendment Act 2022, applies in relation to—

(a)an application for a provider approval that was made but had not been determined before the commencement day; and

(b)a reassessment that had commenced but had not yet been completed before the commencement day.

(2)In this section—

commencement day means the day on which section 41 of the Early Childhood Legislation Amendment Act 2022 comes into operation.

*                *                *                *                *

SCHEDULE 1—POWERS OF ENTRY BY SEARCH WARRANT

1Application for warrant

(1)An authorised officer may apply to a magistrate for a search warrant in relation to premises if the officer believes on reasonable grounds that—

(a)a person is or has been operating a children's service at the premises in contravention of this Act; or

(b)documents or other evidence relevant to the possible commission of an offence against this Act are present at the premises.

(2)The authorised officer must prepare a written application that states the grounds on which the warrant is sought.

(3)The written application must be sworn.

(4)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

2Issue of warrant

(1)The magistrate may issue the warrant in respect of premises only if the magistrate is satisfied there are reasonable grounds to believe that—

(a)a person is operating a children's service at the premises in contravention of this Act; or

(b)documents or other evidence relevant to the possible commission of an offence against this Act are present at the premises.

(2)The warrant must state—

(a)that a stated authorised officer may, with necessary and reasonable help and force—

(i)enter the premises and any other premises necessary for entry; and

(ii)exercise the authorised officer's powers under this Schedule; and

(b)the matter for which the warrant is sought; and

(c)the evidence that may be seized under the warrant; and

(d)the hours of the day or night when the premises may be entered; and

(e)the date, within 14 days after the warrant's issue, the warrant ends.

3Application by electronic communication

(1)An authorised officer may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the authorised officer considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including the authorised officer's remote location.

(2)The application—

(a)may not be made before the authorised officer prepares the written application under clause 1(2); but

(b)may be made before the written application is sworn.

(3)The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—

(a)it was necessary to make the application under subclause (1); and

(b)the way the application was made under subclause (1) was appropriate.

(4)After the magistrate issues the original warrant—

(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by facsimile or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or

(b)otherwise—

(i)the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and

(ii)the authorised officer must complete a form of warrant including by writing on it—

(A)the magistrate's name; and

(B)the date and time the magistrate issued the warrant; and

(C)the other terms of the warrant.

(5)The copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.

(6)The authorised officer must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with clause 1(2) and (3); and

(b)if the authorised officer completed a form of warrant under subclause (4)(b), the completed form of warrant.

(7)The magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court.

(8)Despite subclause (5), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and

(b)the original warrant is not produced in evidence—

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(9)This clause does not limit clause 1.

4Procedure before entry under warrant

(1)Before entering premises under a warrant, an authorised officer must do or make a reasonable attempt to do the following—

(a)identify himself or herself to a person present at the premises who is an occupier of the premises by producing the authorised officer's identity card;

(b)give the person a copy of the warrant;

(c)tell the person the authorised officer is permitted by the warrant to enter the premises;

(d)give the person an opportunity to allow the authorised officer immediate entry to the premises without using force.

(2)However, the authorised officer need not comply with subclause (1) if the authorised officer reasonably believes that immediate entry to the premises is required to ensure the effective execution of the warrant is not frustrated.

5Powers after entering premises

(1)This clause applies if an authorised officer enters premises under clause 4.

(2)The authorised officer may for the purposes of the investigation do the following—

(a)search any part of the premises;

(b)inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;

(c)take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing;

(d)copy, or take an extract from, a document, at the premises;

(e)take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this Schedule;

(f)require the occupier of the premises, or a person at the premises, to give the authorised officer reasonable help to exercise the authorised officer's powers under paragraphs (a) to (e);

(g)require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 30 May 1996

Legislative Council: 8 October 1996

The long title for the Bill for this Act was "to provide for the licensing and regulation of children's services, to repeal Part XIA of the Health Act 1958 and to make consequential amendments to other Acts."

The Children's Services Act 1996 was assented to on 3 December 1996 and came into operation as follows:

Sections 1 and 2 on 3 December 1996: section 2(1); rest of Act on 1 June 1998: Government Gazette 28 May 1998 page 1189.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Children's Services Act 1996 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Children's Services Act 1996, No. 53/1996

Assent Date:	3.12.96
Commencement Date:	S. 210(5) inserted on 17.5.20 by No. 37/2019 s. 16: Special Gazette (No. 232) 12.5.20 p. 1
Note:	S. 210(5) provided that s. 210 expired on 17.5.22
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Disability Services and Other Acts (Amendment) Act 1997, No. 72/1997

Assent Date:	25.11.97
Commencement Date:	Ss 14, 15 on 25.11.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 19) on 3.12.96: s. 2(2)(d)
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 30) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Statute Law Revision Act 2005, No. 10/2005

Assent Date:	27.4.05
Commencement Date:	S. 3(Sch. 1 item 4) on 28.4.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 6) on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:	15.8.06
Commencement Date:	S. 42(Sch. item 6) on 23.4.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Education and Training Reform Miscellaneous Amendments Act 2007, No. 58/2007

Assent Date:	27.11.07
Commencement Date:	S. 52 on 28.11.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Children's Services and Education Legislation Amendment (Anaphylaxis Management) Act 2008, No. 3/2008

Assent Date:	4.3.08
Commencement Date:	Ss 3, 4 on 14.7.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Children's Legislation Amendment Act 2008, No. 22/2008

Assent Date:	3.6.08
Commencement Date:	Ss 6, 7(2), 9(1)–(4), 11(1)(2), 12(1)(2), 13(1), 16, 17, 20(2)(3), 27, 29(6), 30 on 4.6.08: s. 2(1); ss 3–5, 7(1), 8, 9(5)(6), 10, 11(3), 12(3), 13(2), 14, 15, 18, 19, 20(1), 21–26, 28, 29(1)–(5), 31–40 on 25.5.09: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 19) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 13) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 10.3) on 25.5.09: s. 2(2)(a); s. 3(Sch. 1 items 10.1, 10.2) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Children's Services Amendment Act 2011, No. 80/2011

Assent Date:	21.12.11
Commencement Date:	Ss 4–59 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2
CurrentState:	This information relates only to the provision/s amending the Children's Services Act 1996

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 17) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Education and Care Services National Law Amendment Act 2017, No. 9/2017

Assent Date:	27.3.17
Commencement Date:	Ss 69−74 on 1.10.17: Special Gazette (No. 303) 12.9.17 p. 1
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 21) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 253 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Children's Services Amendment Act 2019, No. 37/2019

Assent Date:	6.11.19
Commencement Date:	Ss 4−17 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	Ss 177–179 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	S. 5 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Early Childhood Legislation Amendment Act 2022, No. 43/2022

Assent Date:	27.9.22
Commencement Date:	Ss 7–10 on 1.1.23: s. 2(2); ss 39–44, 51 on 1.7.23: Special Gazette (No. 253) 23.5.23 p. 1; ss 45–50 on 1.10.23: s. 2(4)
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023

Assent Date:	27.6.23
Commencement Date:	S. 55 on 1.7.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023, No. 33/2023

Assent Date:	21.11.23
Commencement Date:	Ss 18, 19 on 22.11.23: s. 2(1); ss 13−17 on 1.10.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Children's Services Act 1996

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.