CHILDREN'S SERVICES ACT 1996

Table of Provisions

PART 1--PRELIMINARY

• 1 Purpose  
• 2 Commencement  
• 3 Definitions  
• 3A Meaning of person with management or control  
• 4 Act to bind the Crown  
• 5 Non-application of this Act  
• 6 Exemption  
• 7 Extraterritorial operation of Law  
• 8 Objectives and guiding principles  
• 9 How functions exercised  

PART 2--PROVIDER APPROVAL

Division 1--Application for provider approval

• 10 Application for provider approval  
• 11 Form of application  
• 12 Applicant must be fit and proper person  
• 13 Matters to be taken into account in assessing whether fit and proper person  
• 14 Regulatory Authority may seek further information  
• 15 Grant or refusal of provider approval  
• 16 National Law approved providers, granting of provider approvals  
• 17 National Law approved providers, transfers of provider approvals  
• 18 Duration and effect of provider approval  
• 19 Conditions on provider approval  
• 20 Copy of provider approval  

Division 2--Reassessment

• 21 Reassessment of fitness and propriety  

Division 3--Amendment of provider approvals

• 22 Amendment of provider approval on application  
• 23 Amendment of provider approval by Regulatory Authority  
• 24 Copy of amended provider approval to be provided  

Division 4--Suspension or cancellation of provider approval

• 25 Grounds for suspension of provider approval  
• 26 Show cause notice before suspension  
• 27 Decision to suspend after show cause process  
• 28 Suspension without show cause notice  
• 29 Notice and taking effect of suspension  
• 30 Effect of suspension  
• 31 Grounds for cancellation of provider approval  
• 32 Show cause notice before cancellation  
• 33 Decision in relation to cancellation  
• 34 Effect of cancellation  
• 35 Approved provider to provide information to Regulatory Authority  
• 36 Notice to parents of suspension or cancellation  
• 37 Voluntary suspension of provider approval  
• 38 Surrender of provider approval by approved provider  

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

• 39 Death of approved provider  
• 40 Incapacity of approved provider  
• 41 Decision on application  

PART 3--SERVICE APPROVAL

Division 1--Application for service approval

• 42 Application for service approval  
• 43 Form of application  
• 44 Regulatory Authority may seek further information  
• 45 Investigation of application for service approval  
• 46 Determination of application  
• 47 Grant or refusal of service approval  
• 48 Grounds for refusal  
• 49 Notice of decision on application  
• 50 Conditions on service approval  
• 51 Copy of service approval to be provided  
• 52 Annual fee  

Division 2--Amendment of service approval

• 53 Amendment of service approval on application  
• 54 Amendment of service approval by Regulatory Authority  
• 55 Notice of addition of nominated supervisor  
• 56 Notice of change of a nominated supervisor's name or contact details  
• 57 Copy of amended service approval to be provided  

Division 3--Transfer of service approval

• 58 Service approval may be transferred  
• 59 Regulatory Authority to be notified of transfer  
• 59A Further notification required in case of delay to transfer date  
• 60 Consent of Regulatory Authority required for transfer  
• 61 Consent taken to be given unless Regulatory Authority intervenes  
• 62 Transfer may be subject to intervention by Regulatory Authority  
• 63 Effect of intervention  
• 64 Regulatory Authority may request further information  
• 65 Decision after intervention  
• 66 Regulatory Authority to notify outcome 10 days before transfer  
• 67 Transfer of service approval without consent is void  
• 67A Request for earlier transfer date after consent given to transfer  
• 68 Confirmation of transfer  
• 69 Notice to parents  

Division 4--Suspension or cancellation of service approval

• 70 Grounds for suspension of service approval  
• 71 Show cause notice before suspension  
• 72 Decision in relation to suspension  
• 73 Suspension of service approval without show cause  
• 74 Notice and effect of decision  
• 75 Transfer of suspended service  
• 76 Grounds for cancellation of service approval  
• 77 Show cause notice before cancellation  
• 78 Decision in relation to cancellation  
• 79 Application for transfer of cancelled service  
• 80 Decision on application to transfer cancelled service  
• 81 Approved provider to provide information to Regulatory Authority  
• 82 Notice to parents of suspension or cancellation  
• 83 Voluntary suspension of service approval  
• 84 Surrender of service approval  

Division 5--Application for service waiver

• 85 Application for service waiver for service  
• 86 Form of application  
• 87 Powers of Regulatory Authority in considering application  
• 88 Matters to be considered  
• 89 Decision on application  
• 90 Revocation of service waiver  
• 91 Effect of service waiver  

Division 6--Temporary waiver

• 92 Application for temporary waiver  
• 93 Form of application  
• 94 Regulatory Authority may seek further information  
• 95 Special circumstances  
• 96 Decision on application  
• 97 Revocation of temporary waiver  
• 98 Effect of temporary waiver  

Division 7--Offences

• 99 Offence to provide a children's service without service approval  
• 100 Offence to advertise children's service without service approval  

PART 4--OPERATING A CHILDREN'S SERVICE

• 101 Offence to operate children's service without nominated supervisor  
• 102 Offence for nominated supervisor not to meet prescribed minimum requirements  
• 103 Offence to operate children's service unless responsible person is present  
• 104 Persons in day-to-day charge and nominated supervisors to have child protection training  
• 105 Offence to inadequately supervise children  
• 106 Offence to use inappropriate discipline  
• 107 Offence relating to protection of children from harm and hazards  
• 108 Offence relating to required programs  
• 109 Offence relating to staffing arrangements  
• 110 Offence relating to unauthorised persons on children's service premises  
• 111 Offence relating to direction to exclude inappropriate persons from children's service premises  
• 112 Offence to fail to display prescribed information  
• 113 Offence to fail to notify certain circumstances to Regulatory Authority  
• 114 Offence to fail to notify certain information to Regulatory Authority  
• 115 Offence relating to requirement to keep enrolment and other documents  

PART 5--COMPLIANCE WITH THIS ACT

Division 1--Notices

• 116 Compliance directions  
• 117 Compliance notices  
• 118 Emergency action notices  

Division 2--Enforceable undertakings

• 119 Enforceable undertakings  
• 120 Certain actions prohibited while undertaking is in force  
• 121 Certain actions prohibited if undertaking is complied with  
• 122 Failure to comply with enforceable undertakings  

Division 3--Prohibition notices

• 123 Grounds for giving prohibition notice  
• 124 Show cause notice to be given before prohibition notice  
• 125 Deciding whether to give prohibition notice  
• 126 Content of prohibition notice  
• 127 Cancellation of prohibition notice  
• 128 Person must not contravene prohibition notice  
• 129 Offence to engage person to whom prohibition notice applies  
• 130 False or misleading information about prohibition notice  

Division 4--Emergency removal of children

• 131 Emergency removal of children  

PART 5A--REVIEW

Division 1--Internal review

• 132 Reviewable decision—internal review  
• 133 Internal review of reviewable decisions  

Division 2--External review

• 134 Reviewable decision—external review  
• 135 Application for review of decision of the Regulatory Authority  

PART 5B--MONITORING AND ENFORCEMENT

Division 1--Authorised officers

• 136 Authorisation of authorised officers  
• 137 Identity card  

Division 2--Powers of entry

• 138 Powers of entry for assessing and monitoring approved children's service  
• 139 Powers of entry for investigating approved children's service  
• 140 Powers of entry to business premises  
• 141 Entry to premises without search warrant  
• 142 Entry to premises with search warrant  
• 143 Seized items  
• 144 Magistrates' Court may extend period  

Division 3--Other powers

• 145 Power to require name and address  
• 146 Power to require evidence of age, name and address of person  
• 147 Power of authorised officers to obtain information documents and evidence  

Division 4--Offences relating to enforcement

• 148 Offence to obstruct authorised officer  
• 149 Offence to fail to assist authorised officer  
• 150 Offence to destroy or damage notices or documents  
• 151 Offence to impersonate authorised officer  
• 152 Protection against self-incrimination  
• 153 Warning to be given  
• 154 Occupier's consent to search  

Division 5--Powers of Regulatory Authority

• 155 Power of Regulatory Authority to obtain information, documents and evidence by notice  
• 156 Power of Regulatory Authority to obtain information, documents and evidence at children's service  
• 157 Offence to fail to comply with notice or requirement  
• 158 Offence to hinder or obstruct Regulatory Authority  
• 159 Self-incrimination not an excuse  

PART 5C--REGULATORY AUTHORITY

• 160 Functions of Regulatory Authority  
• 161 Powers of Regulatory Authority  
• 162 Delegations  

PART 5D--INFORMATION, RECORDS AND PRIVACY

Division 1--Registers

• 163 Register of approved providers  
• 164 Register of children's services  

Division 2--Publication of information

• 165 Publication of information  

Division 3--Disclosure of information

• 166 Disclosure of information to other authorities  
• 167 Disclosure of information to approved providers  
• 168 Duty of confidentiality  

PART 6--MISCELLANEOUS

Division 1--Administration

• 169 Power to fund children's services  
• 170 Guidelines  
• 171 Ministerial delegation  
• 172 Immunity  

Division 2--Legal proceedings

• 173 Who may bring proceedings for an offence?  
• 174 When proceedings may be brought  
• 175 Offences by bodies corporate  
• 176 Application of Act to partnerships and eligible associations and other entities  
• 177 Multiple holders of an approval  
• 178 Immunity—education law  
• 178A Infringement offences  
• 179 Evidentiary certificates  

Division 3--Service of notices

• 180 Service of notices  
• 181 Service by post  

Division 4--False or misleading information

• 182 False or misleading information or documents  

Division 5--Protection from reprisal

• 183 Definitions  
• 184 Protection from reprisal  
• 185 Proceedings for damages for reprisal  
• 186 Application for injunction or order  
• 187 Injunction or order  

Division 6--Miscellaneous matters

• 188 Production of records kept in computers etc.  
• 189 Determining age in years  

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

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

Division 8--Regulations

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

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

Division 1--Preliminary

• 193 Definitions  

Division 2--Old licences

• 194 Status of old licences  
• 195 Suspended licences  
• 196 Old licences held by trusts  
• 197 Conditions on old licences  
• 198 Copies of approvals to be given  
• 199 Existing multiple licences to merge  

Division 3--Approved associated children's services

• 200 Transitional arrangements for old approved associated children's services  
• 201 Cessation of application of section 200  

Division 4--Exemptions from requirements of the old Act

• 202 Individual service exemptions  
• 203 General service exemptions  

Division 5--Applications

• 204 Existing applications  

Division 6--Nominated supervisors and other persons

• 205 Nominated supervisors  
• 206 Persons in day-to-day charge  

Division 7--Miscellaneous matters

• 207 Notices to comply  
• 208 Disclosure of information  
• 209 Keeping of old information  

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

• 210 Service approvals subject to the Child Safe Standards condition  
• 211 Transitional provision—Notification of persons with management or control of a children's service  
• 212 Transitional provision—assessment of provider approval applications  
• SCHEDULE 1
ENDNOTES