Part 8A Approved child-minding services in retail shopping centres
This Part applies to a centre based children’s service that is a child-minding service provided at premises forming part of a retail shopping centre for the use of customers of the shopping centre.
In this Part:approval means an approval granted under clause 122E (1).
approved child-minding service means a children’s service that is the subject of an approval.
retail shopping centre has the same meaning as in the Retail Leases Act 1994.
Standards means the provisions set out in Schedule 1A.
122C Child-minding services to which this Part applies to comply with the Standards
(1) A person who provides an approved child-minding service must ensure that the Standards are complied with in relation to the child-minding service.Maximum penalty: 10 penalty units.
(2) This clause does not apply to a person acting in his or her capacity as an employee of a person who provides an approved child-minding service.
(1) Subject to this clause, a person or body may make an application for an approval to provide a specified children’s service to which this Part applies without the need to hold a licence.(2) Clause 7 (2) and (3) apply to an application for an approval in the same way as they apply to an application for a licence.(3) An application for an approval is to be made in the approved form.(4) The Director-General may require an applicant for an approval to furnish such information as is necessary to enable the Director-General to determine the application.
(1) The Director-General may, by notice in writing served on the applicant, approve an application made under clause 122D (1) or refuse the application.(2) Without limiting the grounds on which the Director-General may refuse an application, the Director-General must refuse an application unless satisfied that the premises on which the children’s service concerned will be provided are capable of complying with the relevant Standards.(3) An approval is subject to such conditions as may be specified in the notice referred to in subclause (1) and to such further conditions as the Director-General may from time to time notify in writing to the holder of the approval.(4) The Director-General may from time to time vary or revoke any condition of an approval by notice in writing served on the holder of the approval.(5) An approval remains in force until:(a) the expiry date specified in the approval, or(b) it is surrendered or revoked,whichever occurs first.(6) The Director-General may, if the Director-General sees fit, suspend or cancel an approval by notice in writing served on the holder of the approval.(7) Without limiting the grounds on which the Director-General may suspend or cancel an approval under subclause (6), the Director-General may suspend or cancel an approval:(a) if clause 122C has been contravened in relation to the children’s service the subject of the approval, or(b) for breach of a condition to which the approval is subject.(8) Before the Director-General makes a final decision:(a) to vary or revoke a condition, or(b) to suspend or revoke an approval,the Director-General must allow the holder of the approval 28 days within which to show cause why the condition should not be varied or revoked or the approval not be suspended or revoked.(9) Subclause (8) does not apply in relation to a variation or revocation of a condition or a revocation of an approval requested by the holder of the approval concerned.(10) An approval has no effect during any period of suspension.(11) The holder of an approval who fails to comply with a condition to which the approval is subject is guilty of an offence.Maximum penalty: 10 penalty units.
(12) If there is an inconsistency between a condition referred to in subclause (3) and the Standards, the Standards prevail to the extent of the inconsistency.
Part 8 (Probity checks) applies:(a) in relation to an applicant for an approval, as if references in Part 8 to an applicant for a licence or an applicant were references to an applicant for an approval, and(b) in relation to a person or body granted an approval, as if references in Part 8 to the licensee of a children’s service or the licensee were references to the holder of an approval.
122G Director-General may require information or documents
A person who provides an approved child-minding service must provide the Director-General with such information in relation to the child-minding service as the Director-General may from time to time reasonably require.Maximum penalty: 10 penalty units.
A person is not required to hold a licence in relation to a children’s service to which this Part applies if it is an approved child-minding service.