Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILD CARE ACT 2002 - SECT 166

166 Applications for prescribed notices or exemption notices by occupants of homes

(1) Subsection (2) applies if a person is required under section 97(1) to have a current positive prescribed notice or current positive exemption notice because the person is an adult occupant of a home in which child care is provided for a licensed home based service.

(2) The licensee of the licensed home based service may apply for a prescribed notice or exemption notice, and the application must be dealt with under the Commissioner's Act, as if the licensee were proposing to start employing, or continue employing, the person in regulated employment as a volunteer.

Note—
Under the Commissioner's Act, the children's commissioner may notify the licensee of particular decisions about a prescribed notice or exemption notice issued to the person under subsection (2) because the licensee is a notifiable person for the person within the meaning of that Act, schedule 7, definition notifiable person, paragraph (a)(iv).

(3) Subsection (4) applies if a carer providing child care in the carer's home has been asked under section 139 to apply for a prescribed notice or exemption notice about an adult occupant, or suspected adult occupant, of the carer's home.

(4) Subject to subsection (5), the carer may apply for a prescribed notice or exemption notice, and the application must be dealt with under the Commissioner's Act, as if the carer were proposing to start employing, or continue employing, the adult occupant in regulated employment as a volunteer.

Note—
Under the Commissioner's Act, the children's commissioner may notify the chief executive of particular decisions about a prescribed notice or exemption notice issued to the adult occupant under subsection (4) because the chief executive is a notifiable person for the person within the meaning of that Act, schedule 7, definition notifiable person, paragraph (a)(v).

(5) For subsection (4), the certification mentioned in the Commissioner's Act, section 200(2)(b) or 261(2)(b) must be given by a prescribed person as defined in schedule 7 of that Act.

(6) To remove any doubt, it is declared that no fee is payable under this Act or the Commissioner's Act for an application for a prescribed notice or exemption notice made under subsection (2) or (4).

(7) In this section—

regulated employment see the Commissioner's Act, section 156.

volunteer see the Commissioner's Act, section 165.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]