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Legislative Assembly for the ACT: 1997 Week 14 Hansard (11 December) . . Page.. 5056 ..


PART VII - CHILDREN'S DAY CARE SERVICES

Reprinted as at 4 June 1992

Interpretation

117.

(1) In this Part, unless the contrary intention appears-

"licence" means a licence under this Part;

"licensee" means the holder of a licence;

"service to the community" includes service to a section of the community.

(2) Subject to subsection (3), for the purposes of this Part a person is providing child care if the person provides care for a child or a number of children-

(a) where-

(i) the care is provided on a business basis or on a community service basis; and

(ii) the care is provided at a place which is not the place of living for the time being of any of the children being cared for on that basis; and

(b) of all the children for whom care is being provided at that place at any one time (including those not being cared for on a business basis or on a community service basis)-

(i) the number of children who have not enrolled in primary school exceeds 4; or

(ii) the number of children who have not attained the age of 12 years exceeds 8.

(3) This Part does not apply to or in relation to-

(a) foster care;

(b) care provided in a place under the control of the Chief Executive;

(c) care provided, whether during school hours or not, by the Australian Capital Territory Schools Authority;

(d) care provided by a person in the course of conducting a school that is registered under the Education Act 1937; or

(e) care provided for children as patients in a hospital.

(4) For the purposes of subsection (2)-

(a) care is provided for children on a business basis if it is provided in the course of carrying on a business of caring for children or it is provided incidentally to the carrying on of some other business;

(b) care is provided for children on a community service basis if it is provided as a service to the community or it is provided incidentally to providing some other service to the community;

(c) a child who is received at a place in an emergency or in unexpected circumstances shall not be taken into account unless and until the child has been cared for at the premises for 2 consecutive days; and

(d) a child is being cared for at a place notwithstanding that the child is temporarily absent from that place.

Licensing of child care

118.

(1) Subject to section 119, a person shall not provide child care, whether for reward or otherwise, at any premises unless a licence is in force in respect of those premises.

Penalty:

(a) in the case of a body corporate - 250 penalty units; and

(b) in the case of a natural person - 50 penalty units.

(2) Subject to section 119, a person who provides child care at premises in respect of which a licence is in force shall not fail to comply with a condition to which the licence is subject.

Penalty:

(a) in the case of a body corporate - 250 penalty units; and

(b) in the case of a natural person - 50 penalty units.

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