Child Care Services Act 2007

In this section —

Grounds for disciplinary action against a managerial officer of a corporate licensee exist if —

the licensee has contravened this Act and —

the contravention occurred with the managerial officer’s knowledge or permission; or

the managerial officer failed to use all due diligence to prevent the contravention;

the managerial officer is not a fit and proper person to be involved in the provision of a child care service.

If the CEO considers that grounds for disciplinary action against a managerial officer of a corporate licensee exist, the CEO may make an allegation to the State Administrative Tribunal in respect of that person.

In proceedings commenced by an allegation under subsection (3) in respect of a person, the State Administrative Tribunal, if satisfied that grounds for disciplinary action exist, may make one or more of the following orders —

an order reprimanding the person;

an order requiring the person —

to undertake a specified educational or training course; or

to comply with any other specified requirement;

subject to subsection (5), an order requiring the person to pay a penalty not exceeding $2 500;

an order disqualifying the person from one or more of the following —

holding a licence;

being a managerial officer of a corporate licensee;

being the supervising officer for a child care service,

The State Administrative Tribunal is not to make an order under subsection (4)(c) unless the Tribunal is satisfied that grounds for disciplinary action exist under subsection (2)(a).

The State Administrative Tribunal may make an order under subsection (4)(a), (b)(ii), (c) or (d) in respect of a person whether or not at the time when the order is made the person is a managerial officer of a corporate licensee.