Child Care Act 2001

Child Care Act 2001

This Act may be cited as the Child Care Act 2001.

Part 1, Division 4 of Part 8 and sections 71, 72, 73, 74, 75 and 76 commence on the day on which this Act receives the Royal Assent.

The remaining provisions of this Act commence on a day to be proclaimed.

In this Act, unless the contrary intention appears – amend means – omit matter; and insert matter; and omit matter and substitute other matter; ancillary staff means persons employed in respect of a child care service otherwise than as child carers; applicant means a person who has applied for a licence under section 13; approved premises means premises approved by the Secretary, or premises of a class approved by the Secretary, under subsection (2); approved registration body means a person who holds an approved registration body licence; approved registration body licence means a licence granted under section 16 that authorises one or more of the activities specified in section 10; authorised officer means a person appointed as an authorised officer under section 72; centre-based child care licence means a centre-based child care licence granted under section 16 that authorises the activity specified in section 11; child means a person who has not attained the age of 13 years; child care has the meaning given by section 4; child care centre means premises, other than a person's primary residence or approved premises or the primary or other residence of the child, at which a child may be provided with child care; child care service means – the operation by an approved registration body of any business that involves one or more of the activities authorised by the licence; and the operation by the holder of a centre-based child care licence of any business that involves the activity authorised by the licence; and the operation by the holder of a home-based child care licence of any business that involves the activity authorised by the licence; and the provision of child care by a registered carer – but does not include an education and care service; child carer, in respect of a child who is being provided with child care, means a person who, for fee or other material benefit, cares for the child – in that person's primary residence; or in that person's approved premises; or in the child's primary or other residence; or in premises in which child care is provided under a centre-based child care licence; close relative, in relation to a person, means – another person who resides with that person; and another person who is a guardian of that person; and another person who, in the opinion of the Secretary, may have frequent or extended contact with a child for whom that person is operating or providing, or may operate or provide, a child care service; director, in relation to a body corporate – if the body corporate is a corporation within the meaning of the Corporations Act, has the same meaning as in the Corporations Act; and if the body corporate is not a corporation within the meaning of the Corporations Act, means a person holding a position in the body corporate that is equivalent to or substantially the same as the position of director in a corporation that is a corporation within the meaning of the Corporations Act; education and care service has the same meaning as in the Education and Care Services National Law (Tasmania); educator has the same meaning as in the Education and Care Services National Law (Tasmania); employ means employ for payment or other reward and includes engage the services of, whether as an employee or an independent contractor or otherwise; extended family has the same meaning as in the Children, Young Persons and Their Families Act 1997; guardian has the same meaning as in the Children, Young Persons and Their Families Act 1997; home-based child care means the provision of child care – in the child's primary or other residence; or in the child carer's primary residence; or in the approved premises of the child carer; home-based child care licence means a licence granted under section 16 that authorises the activity specified in section 12; licence means – an approved registration body licence; and a centre-based child care licence; and a home-based child care licence; parent includes a stepmother, stepfather and guardian; person-in-charge means – in relation to a child care service operated or provided by an approved registration body, the person who is directly in charge of the day-to-day coordination of the child care service; and in relation to a child care service operated or provided by the holder of a centre-based child care licence or a home-based child care licence, the person who – is physically at the centre, residence or other facility or premises where children are provided with child care by that service; and is in charge of the day-to-day running and supervision of that service or the centre, residence or other facility or premises – whether the person referred to in paragraph (a) or (b) is the holder of the licence under which the child care service operates or is provided or an individual employed by that holder; potential child carer means a person who is desirous of obtaining employment as a child carer; premises includes – a vehicle, vessel and other means of transport; and a part of premises; registered carer means a person who has been registered as a child carer by an approved registration body; registration means registration of a person as a child carer by an approved registration body in accordance with the Standards; regulations means the regulations made and in force under this Act; responsible person, in respect of a child care service provided under a licence held by an individual or an incorporated or unincorporated body, means – an individual, other than the person in charge of the child care service, to whom is assigned by the licensee the general responsibility for, and supervision of the operations of, the provision of the child care service under the licence; or any other body or individual, other than the person-in-charge of the child care service, who has the authority to give directions and make decisions in respect of the management of that child care service; reviewable decision has the meaning given by section 50; school has the same meaning as in the Education Act 2016;Secretary means the Secretary of the Department; spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003, with that person. Standards means the Child Care Standards issued under section 47, as amended or substituted from time to time; statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority.

The Secretary – by written notice to a person who is providing child care, or intends to provide child care, in premises, may approve those premises as providing a home-like environment; or by notice in the Gazette, may approve a class of premises as providing a home-like environment.

Child care is the provision, for fee or other material benefit, of care to a child by a person other than – the child's parent; or a member of the child's extended family.

Child care may be provided in the child's residence, a person's residence, a school, a church, a shop or any other premises.

Except as provided in subsection (4), the provision of education at a school, or by home education, within the meaning of the Education Act 2016, is not the provision of child care.

The provision of an education and care service, and the education and care of a child as part of an education and care service, are not the provision of child care.

If a school or other person provides early childhood education for a child who is less than 5 years of age, the Secretary may determine, by written notice provided to the school or other person – that the school or other person is providing child care for that child; and the kind of child care being provided.

The objects of this Act are –

to provide for a system of licensing child care services; and to provide for the establishment and maintenance of standards for the provision of – quality child care; and child care that is a safe, nurturing and educational experience; and child care programs that promote the emotional, intellectual, social and physical development of children.

The interests of children are to be regarded as the paramount consideration in the interpretation, enforcement and administration of this Act, the regulations and the Standards.

The Secretary may – by notice published in the Gazette and 3 daily newspapers published and circulating in the State, determine that a class of persons is exempt from the operation of this Act or a provision of this Act, the regulations or the Standards; and by notice provided to a person, determine that the person is exempt from the operation of this Act or a provision of this Act, the regulations or the Standards.

An exemption under subsection (1) – may be limited to a class or kind of child care or child care service specified in it or not so limited; and may be for an indefinite period or for a time specified in it; and is subject to the conditions specified in it.

An exemption under subsection (1) may specify the conditions to which it is subject – in the case of an exemption referred to in subsection (1)(a) or (b) – by stating the conditions in the exemption; or by reference to the Standards; or in the case of an exemption referred to in subsection (1)(a), by attaching the conditions to the exemption.

At any time, the Secretary may revoke or amend an exemption under subsection (1) (including the conditions to which it is subject).

A person must not operate or provide child care or a child care service except as authorised by a licence or registration.

Fine not exceeding 100 penalty units.

The following licences may be granted under section 16:

approved registration body licence;

centre-based child care licence;

home-based child care licence.

An approved registration body licence authorises the person specified in it to do, in accordance with this Act, the regulations, the Standards, the licence and any conditions specified in the licence, one or more of the following, as specified in the licence:to arrange, organise or coordinate the placement of a potential child carer with a child who needs child care within the primary or other residence of the child; to arrange, organise or coordinate meetings, or provide information that enables meetings, between a potential child carer and the parent of a child in relation to the provision of child care by the potential child carer in the primary or other residence of the child; to hold himself, herself or itself out as arranging, organising or coordinating the placement of potential child carers with children who need child care in the primary or other residences of the children; to approve and register persons as child carers; to do any other thing specified by the Standards.

The Standards may provide for different classes of approved registration body licences and the types of activities that may be operated, provided or undertaken by the holders of those classes of licences.

A centre-based child care licence authorises the person specified in it to operate, in accordance with this Act, the regulations, the Standards, the licence and any conditions specified in the licence, a child care centre in the premises specified in the licence.

The Standards may provide for different classes of centre-based child care licences and the types of child care centres, child care and other activities that may be operated, provided or undertaken by the holders of those classes of licences.