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Legislative Assembly for the ACT: 1997 Week 14 Hansard (11 December) . . Page.. 5057 ..

Exemptions

119.

(1) The Minister may, by instrument in writing, exempt specified child care or child care of a specified class from the application of this Part where the Minister considers it desirable to do so, having regard to any one or more of the following:

(a) the circumstances in which the child care is being or is to be provided;

(b) the number of children cared for or likely to be cared for;

(c) the nature of the premises at which the child care is being or is to be provided;

(d) the days on which and the times at which the child care is being or is to be provided.

(2) An exemption under subsection (1) shall, unless sooner revoked, remain in force for the period specified in the instrument.

(3) The Minister may, by instrument in writing, revoke or vary an exemption.

(4) The Minister shall not revoke or vary an exemption which relates to specified child care unless the Minister has, at least 28 days before doing so, given to the person providing the child care an opportunity of stating reasons why the exemption should not be revoked.

(5) An instrument made under this section is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.

Licences

120.

(1) The Minister may, upon application by a person for a licence in respect of premises-

(a) grant the licence; or

(b) by notice in writing served on the applicant, refuse to grant the licence.

(2) An application under this section shall-

(a) be in writing;

(b) contain the prescribed particulars; and

(c) be accompanied by the determined fee.

(3) The Minister shall determine the period, being a period not exceeding 2 years, for which a licence under this section is to be granted.

(4) A licence shall-

(a) specify the period for which the licence is to remain in force; and

(b) include conditions as to-

(i) the maximum number of children for whom care may be provided under the licence; and

(ii) the ages of the children for whom care may be provided under the licence.

(5) A licence is subject to such other conditions as the Minister thinks fit and specifies in the licence, including but not limited to conditions as to:

(a) the number of the persons under whose control the children for whom care is provided will be placed;

(b) the qualifications of the persons mentioned in paragraph (a);

(c) the measures to be taken for the health and safety of the children;

(d) the buildings and facilities to be used at the premises at which the care is provided;

(e) the insurance of the licensee in respect of any liability of the licensee arising out of or relating to the provision of the care at those premises;

(f) the activities to be provided for the benefit of the children; and

(g) the management of those premises.

(6) Subject to this Act, a licence remains in force for the period specified in the licence as the period for which the licence is granted.

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