Child Care Act 2001

In this section – applicant means applicant for a licence; child care service includes a child care service that would be authorised by the prospective licence if granted; former Act means the Child Care Act 1960 (cited as the Child Welfare Act 1960 before 1 July 2000); licence includes a prospective licence; person-in-charge, ancillary staff and child carer includes a person that an applicant has nominated in the application for a licence, or has later been nominated by the holder of a licence, by notice provided to the Secretary, to be employed or used in that position.

In determining whether an applicant for a licence or a holder of a licence is a fit and proper person to hold or to continue to hold a licence, the Secretary must take into account any matter the Secretary considers relevant including, but not limited to, any of the following matters:whether the applicant or holder is a suitable person to operate or provide the child care service; where the applicant or holder is – an incorporated or unincorporated body; or the servant or agent of an incorporated or unincorporated body – whether each director and other person concerned in the management of that body is a suitable person to be concerned in the operation or provision of the child care service; whether any responsible person is a suitable person – to have responsibility for, and supervision of the operations of, the provision of the child care service under the licence; or to have the authority to give directions and make decisions in relation to the management of the child care service provided under the licence; whether any person-in-charge, child carer and ancillary staff are suitable persons to care for or have contact with children who are being, or would be, provided with the child care service under the licence; whether any spouse or other close relative of a person referred to in paragraph (a), (b), (c), (d) or (f) might have contact with children who are being, or would be, provided with the child care service under the licence and, if so, whether that spouse or other close relative is a suitable person to have contact with such children; whether any other person who the Secretary considers may have frequent or extended contact with children who are being, or would be, provided with the child care service under the licence is a suitable person to have contact with such children; whether any person referred to in paragraph (a), (b), (c), (d), (e) or (f) is registered under the Registration to Work with Vulnerable People Act 2013; whether any person referred to in paragraph (a), (b), (c), (d), (e) or (f) has been charged with, or found guilty of, or otherwise disciplined for, an offence against – this Act, the regulations or the Standards; or a previous Act or law that substantially corresponds to this Act, the regulations or the Standards, including the former Act, the Child Protection Act 1974 and any regulations or Standards made under either of those Acts; or the Education and Care Services National Law (Tasmania) or any regulations made under that Law, whether that offence was committed in Tasmania or elsewhere; or an enactment or law of another State or a Territory that substantially corresponds to this Act, the regulations, the Standards or another enactment or law referred to in subparagraph (ii) or (iia); whether any person referred to in paragraph (a), (b), (c), (d), (e) or (f) has, in Tasmania or elsewhere – been refused a licence, or other permission of any type, to provide child care or provide, manage or operate a service or business which provides child care; or had such a licence or other permission suspended or cancelled; whether any person referred to in paragraph (a), (b), (c), (d), (e) or (f) is, or previously has been, concerned in the provision, management or operation of a service or business which provides child care, or in the provision of child care, in Tasmania or elsewhere and, if so, the quality and standard of that service or business and the child care so provided; any reports provided by the Commissioner of Police under section 15B(5); the result of any assessment undertaken in respect of any person referred to in paragraph (a), (b), (c), (d), (e) or (f) in compliance with a requirement of the Standards or otherwise undertaken; whether each person referred to in paragraph (a), (b), (c), (d), (e) or (f) is of good repute having regard to character, honesty and integrity; the qualifications and experience of the persons referred to in paragraphs (a), (b), (c) and (d); the knowledge of the persons referred to in paragraphs (a), (b), (c) and (d) relating to this Act, the regulations and the relevant Standards; any other matter prescribed by the regulations or Standards.

In determining whether any person, other than the applicant, is a fit and proper person, or a suitable person, for the purposes of subsection (2), the Secretary must apply that subsection, with necessary modification and adaptation, as if the person concerned were the applicant or holder of the licence.

In determining whether the applicant or any other person is a fit and proper person, or a suitable person, the Secretary may, despite subsections (2) and (3), determine that the applicant or other person is a fit and proper person, or a suitable person, on the basis only that the applicant or other person has been determined to be a fit and proper person under the Education and Care Services National Law (Tasmania) and that determination is current.