Child Care Act 2001

In this section,disciplinary action means any one or more of the following:the issuing of a letter of censure; the imposition of a fine not exceeding 20 penalty units; the amendment of a licence; the suspension of a licence; the cancellation of a licence.

Subject to this section, the Secretary may take disciplinary action if satisfied – that the holder of a licence, as the holder of the licence or as an applicant for the licence, has contravened this Act, the regulations, the Standards or a condition to which the licence is subject; or that the holder of a licence is no longer a fit and proper person to hold the licence, having regard to the matters specified in section 15A(2); or of any other matter prescribed by the regulations or Standards for the purposes of this section.

Subject to this section, the Secretary may take disciplinary action, by issuing a letter of censure or by the imposition of a fine not exceeding 20 penalty units, against a responsible person who has contravened this Act, the regulations, the Standards or a condition to which the relevant licence is subject.

The Secretary may not take disciplinary action, other than the issue of a letter of censure, without first allowing the holder of the licence or responsible person an opportunity to make submissions in relation to the matter and considering any submissions so made.

A letter of censure may direct the holder of the licence or responsible person to take the action specified in the letter for the purposes of rectifying any matter giving rise to the letter of censure and may direct that the action be taken within a period specified in the letter.

Without limiting the actions that a letter of censure may direct the holder of a licence to take, the letter of censure may direct a holder of a licence who is an approved registration body to cancel or suspend the registration of a registered carer or to amend that registration (including the conditions to which that registration is subject).

The holder of a licence or responsible person must comply with a direction given in a letter of censure within the time specified in the letter of censure.

On making a determination under subsection (2), the Secretary must notify the holder of the licence or responsible person in writing as to whether disciplinary action is being taken and, if so, what disciplinary action is being taken.

The cancellation, suspension or amendment of a licence, or the amendment of the conditions specified in, or attached to, a licence, takes effect on the day the holder of the licence receives the notice given under subsection (7) or on a later day specified in that notice.

The Secretary may at any time terminate or reduce a period of suspension.

A fine imposed under this section may be recovered as a debt due to the Crown.