Children's Services Further Amendment Regulations 2024 (Vic)
Children's Services Further Amendment Regulations 2024
S.R. No. 80/2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6New regulation 6A inserted
7Additional information about proposed children's service premises
8New Part 3A inserted
9New Regulation 129A inserted
10Schedule 3 amended—Other prescribed fees
11New Schedule 5 inserted
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Endnotes
STATUTORY RULES 2024
S.R. No. 80/2024
Children's Services Act 1996
Children's Services Further Amendment Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 3 September 2024
Responsible Minister:
LIZZIE BLANDTHORN
Minister for ChildrenSAMUAL WALLACE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Children's Services Regulations 2020—
(a)to prescribe matters relating to the approval in principle of children's service premises as a consequence of the enactment of the Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023; and
(b)to prescribe offences against the Children's Services Regulations 2020 for which an infringement notice may be served; and
(c)to prescribe fees for the purposes of approvals in principle under Part 3A of the Children's Services Act 1996.
2Authorising provision
These Regulations are made under section 191 of the Children's Services Act 1996.
3Commencement
These Regulations come into operation on 1 October 2024.
4Principal Regulations
In these Regulations, the Children's Services Regulations 2020[1] are called the Principal Regulations.
5Definitions
In regulation 5(1) of the Principal Regulations insert the following definition—
"ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;".
6New regulation 6A inserted
After regulation 6 of the Principal Regulations insert—
"6A Approval in principle criteria
For the purposes of the definition of approval in principle criteria in section 3(1) of the Act, the following regulations are prescribed—
(a)regulation 78(b);
(b)regulation 79(a) and (b);
(c)regulation 81(4);
(d)regulation 84.".
7Additional information about proposed children's service premises
In regulation 23(1) of the Principal Regulations—
(a)in paragraph (h), for "law." substitute "law;";
(b)after paragraph (h) insert—
"(i)if the proposed children's service premises has an approval in principle—
(i)the approval in principle number (if any); and
(ii)a statement made by the applicant that, to the best of the applicant's knowledge, the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or specified in, the approval in principle.".
8New Part 3A inserted
After Part 3 of the Principal Regulations insert—
"PART 3A—PREMISES APPROVALS IN PRINCIPLE
41AApplication for approval in principle of proposed premises
For the purposes of section 100B(1)(c) of the Act, the following information is prescribed—
(a)if the applicant is an individual—
(i)the applicant's full name; and
(ii)any former or other name the applicant may be known by; and
(iii)proof of the applicant's identity;
(b)if the applicant is a person other than an individual—
(i)the applicant's name; and
(ii)any trading or other name used by the applicant; and
(iii)documentary evidence of the legal status of the applicant and its constitution;
Example
The partnership agreement for a partnership.
(c)the applicant's ABN (if any);
(d)the applicant's provider approval number (if any);
(e)if the applicant does not have a provider approval number, whether the applicant has applied for a provider approval but the application has not been decided;
Note
A provider approval is not required for an application for an approval in principle.
(f)the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;
(g)the name and contact details of the contact person for the purposes of the application;
(h)the location and street address of the proposed children's service premises;
(i)a description of the land on which the proposed children's service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(j)a soil assessment for the site of the proposed children's service premises;
(k)plans prepared by a building practitioner showing—
(i)all possible evacuation routes from each storey of the proposed children's service premises; and
(ii)the assembly area proposed to be used in an emergency evacuation of the proposed children's service premises;
(l)a description of—
(i)any other occupants or proposed occupants of the building in which the premises are proposed to be located; and
(ii)the types of any enterprises operating from properties within 50 metres of the proposed children's service premises;
Example
A supermarket.
(m)a plan showing the direct sunlight to be received by the proposed children's service premises between 9.00 a.m. and 3.00 p.m. on the winter solstice and the summer solstice.
41BApplication for amendment of approval in principle
For the purposes of section 100J(2)(b) of the Act, the following information is prescribed—
(a)the approval in principle number (if any);
(b)the name of the approval in principle holder;
(c)the name and contact details of the contact person for the purposes of the application;
(d)the location and street address of the proposed children's service premises;
(e)a description of the land on which the proposed children's service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(f)the details of the amendment applied for;
(g)any plans prepared by a building practitioner that are relevant to the amendment applied for.
41CNotice of transfer of approval in principle
For the purposes of section 100M(3)(c) of the Act, the following information is prescribed—
(a)the approval in principle number (if any);
(b)the name of the transferring approval in principle holder;
(c)the name and contact details of the contact person for the transferring approval in principle holder for the purposes of the transfer;
(d)the location and street address of the proposed children's service premises;
(e)a description of the land on which the proposed children's service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(f)if the receiving approval in principle holder is an individual—
(i)the individual's full name; and
(ii)any former or other name the individual may be known by; and
(iii)proof of the individual's identity;
(g)if the receiving approval in principle holder is a person other than an individual—
(i)the person's name; and
(ii)any trading or other name used by the person; and
(iii)documentary evidence of the legal status of the person and its constitution;
Example
The partnership agreement for a partnership.
(h)the receiving approval in principle holder's ABN (if any);
(i)the receiving approval in principle holder's address and postal address or, if there is more than one address, the street address and postal address of the receiving approval in principle holder's principal office;
(j)the name and contact details of the contact person for the receiving approval in principle holder for the purposes of the transfer.
41DApplication to extend approval in principle
For the purposes of section 100S(3)(b) of the Act, the following information is prescribed—
(a)the approval in principle number (if any);
(b)the name of the approval in principle holder;
(c)the name and contact details of the contact person for the purposes of the application;
(d)the location and street address of the proposed children's service premises;
(e)a description of the land on which the proposed children's service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(f)the estimated date of completion of the construction, alteration or repair of the proposed children's service premises;
(g)details of any proposed application for a service approval in respect of the proposed children's service premises, including—
(i)the name of the approved provider (if any); and
(ii)the provider approval number (if any); and
(iii)the estimated date by which the application for a service approval will be made.
41EApplication to reinstate approval in principle
For the purposes of section 100T(2)(b) of the Act, the following information is prescribed—
(a)the approval in principle number (if any);
(b)the name of the approval in principle holder at the time of the expiry of the approval in principle;
(c)the name and contact details of the contact person for the purposes of the application;
(d)the location and street address of the proposed children's service premises;
(e)a description of the land on which the proposed children's service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(f)the estimated date of completion of the construction, alteration or repair of the proposed children's service premises;
(g)details of any proposed application for a service approval in respect of the proposed children's service premises, including—
(i)the name of the approved provider (if any); and
(ii)the provider approval number (if any); and
(iii)the estimated date by which the application for a service approval will be made.".
9New Regulation 129A inserted
After regulation 129 of the Principal Regulations insert—
129AInfringement offences and infringement penalties "
(1)For the purposes of section 178A(1)(b) of the Act, an offence set out in Column 2 of Schedule 5 is a prescribed offence for which an infringement notice may be served.
(2)The infringement penalty for an infringement offence specified in an item in Column 2 of Schedule 5 is set under section 178A(3) of the Act and is the amount specified in Column 3 of that Schedule for that infringement offence.".
10Schedule 3 amended—Other prescribed fees
After item 12 of Schedule 3 to the Principal Regulations insert—
| "13 | Section 100B (1)(d) | Application for approval in principle | 28 fee units | 28 fee units |
| 14 | Section 100J (2)(c) | Application to amend approval in principle | 7 fee units | 7 fee units |
| 15 | Section 100M (3)(d) | Notice of transfer of approval in principle | Nil | Nil |
| 16 | Section 100S (3)(c) | Application to extend approval in principle | 7 fee units | 7 fee units |
| 17 | Section 100T (2)(c) | Application to reinstate expired approval in principle | 7 fee units | 7 fee units". |
11New Schedule 5 inserted
After Schedule 4 to the Principal Regulations insert—
"Schedule 5—Infringement offences and infringement penalties
Regulation 129A
| Column 1 Item No. | Column 2 Infringement offence | Column 3 Infringement penalty |
| 1 | Regulation 46(1) | 1 penalty unit |
| 2 | Regulation 46(2) | 1 penalty unit |
| 3 | Regulation 49(1) | 0·5 penalty units |
| 4 | Regulation 52(1) | 1 penalty unit |
| 5 | Regulation 52(2) | 1 penalty unit |
| 6 | Regulation 53D(1) | 1 penalty unit |
| 7 | Regulation 53D(2) | 1 penalty unit |
| 8 | Regulation 55 | 1 penalty unit |
| 9 | Regulation 57(1) | 1 penalty unit |
| 10 | Regulation 58 | 1 penalty unit |
| 11 | Regulation 66(4) | 1 penalty unit |
| 12 | Regulation 67 | 0·5 penalty units |
| 13 | Regulation 73(1) | 1 penalty unit |
| 14 | Regulation 81(3) | 0·5 penalty units |
| 15 | Regulation 120(2) | 1 penalty unit |
| 16 | Regulation 120(3) | 1 penalty unit |
".
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ENDNOTES
[1] Reg. 4: S.R. No. 32/2020 as amended by S.R. No. 12/2024.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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