Western Australian Consolidated Acts

CHILD CARE SERVICES ACT 2007

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   4.      Term used: child care service  
   5A.     Term used: supervising officer  
   5.      Object of Act  
   6.      Paramount consideration when performing functions under Act  
   7.      Principles to be observed when administering Act  
   8.      Crown bound

   PART 2 -- Licensing of child care services

           Division 1 -- Licence requirement  

   9.      Providing child care service without licence, offence

           Division 2 -- Licence application process  

   10.     Who may apply for licence  
   11.     Application for licence  
   12.     CEO may request more information to decide licence application

           Division 3 -- Grant of licence  

   13.     Licence, grant of  
   14.     General restrictions on grant of licence  
   15.     Additional restrictions on grant of licence to individual applicant  
   16.     Additional restrictions on grant of licence to corporate applicant

           Division 4 -- Licence conditions  

   18.     Condition as to supervision and control  
   19.     Conditions that may be imposed  
   20.     Contravention of conditions, offence

           Division 5 -- Duration and renewal of licence  

   21.     Duration of licence  
   22.     Renewal of licence, application for  
   23A.    CEO may request more information to decide renewal application  
   23.     Restrictions on renewal of licence  
   24.     Conditions of renewed licence

           Division 6 -- Disciplinary matters  

   25.     Suspending licence on ground of unacceptable risk  
   27.     Revoking suspension made under s. 25  
   28.     Duration of suspension  
   29.     Disciplinary action by SAT against licensee  
   30A.    Limitations on penalties imposed under s. 29(4)(d) or by courts for offences  
   30B.    Cancelling licence if child care service no longer provided  
   30C.    Disciplinary action by SAT against managerial officer  
   30D.    Disqualified managerial officer not to be employed

           Division 7 -- Review of licensing decisions  

   30.     Applying for review by SAT

           Division 8 -- General  

   31.     Licence not transferable  
   32.     Amending licence  
   33.     Licence document, issue of  
   34.     Licence document to be produced to CEO on request if licence amended or renewed  
   35.     Licence document to be returned to CEO if licence no longer in effect  
   36.     Advertising child care service, restrictions on

   PART 3 -- Administration  

   37.     Cooperation and assistance between CEO and others  
   38.     Exchange of information between CEO and others  
   39.     Delegation by CEO  
   40.     Licensing officers, designation of etc.  
   41A.    Licensing officers, functions of  
   41.     Advisory bodies, establishment of by Minister etc.

   PART 4 -- Compliance and enforcement

           Division 1 -- General powers  

   42.     Entry to places  
   43A.    Powers after entering place  
   43B.    Information, records etc., powers to obtain  
   43C.    Relevant records, powers in relation to  
   43D.    Direction under this Division, giving and contravening  
   43E.    Exercise of power may be filmed etc.  
   43F.    Assistance and use of force to exercise power  
   43G.    Seizing things, procedure on  
   43H.    Criminal and Found Property Disposal Act 2006, application of

           Division 2 -- Entry warrants  

   43I.    Entry warrant, who may apply for etc.  
   43J.    Entry warrant, application for  
   43K.    Issue and content of entry warrant  
   43L.    Effect of entry warrant

           Division 3 -- Compliance notices  

   43M.    CEO may give compliance notice  
   43N.    Contravening compliance notice, offence  
   43O.    Review by SAT of decision to give compliance notice

           Division 4 -- Proceedings and evidence  

   43P.    Prosecutions and other proceedings, commencement of etc.  
   43Q.    Evidentiary certificate  
   43.     No privilege against self-incrimination  
   44.     Evidence Act 1906 not affected

   PART 5 -- Other matters  

   45A.    Information about child care services etc., publication of by CEO  
   45.     Exemptions from s. 9 etc., Minister’s powers as to  
   46.     Child care records, production of in legal proceedings  
   47.     Obstructing person performing function under Act, offence  
   48.     Impersonating licensing officer, offence  
   49.     False or misleading information in applications etc., offence  
   50.     Information obtained under Act, disclosure and use of restricted  
   51A.    CEO may require statutory declaration  
   51.     Protection from liability for wrongdoing  
   52.     Regulations  
   53A.    Regulations may adopt published documents  
   53.     Review of Act

   PART 6 -- Transitional provisions

           Division 1 -- Provisions relating to repeal of Children and Community Services Act 2004 PART 8  

   54.     Terms used  
   55.     Interpretation Act 1984 not affected  
   56.     Certain regulations continue in force after 10 Aug 2007  
   57.     Exemptions in force immediately before 10 Aug 2007  
   58.     Applications for licence etc. not decided by 10 Aug 2007  
   59.     Licences in force immediately before 10 Aug 2007  
   60.     References to Part 8 provisions, interpretation of  
   61.     Transitional regulations

           Division 2 -- Provisions relating to Child Care Services Amendment Act 2011  

   62A.    Interpretation Act 1984 not affected  
   62B.    Licensing officers appointed immediately before 7 Jan 2012  
   62C.    Certain people who were supervising officers immediately before 7 Jan 2012  
   62D.    Suspensions in force immediately before 7 Jan 2012  
   62E.    Transitional regulations
           SCHEDULE 1 -- Purposes for which regulations may be made
           
[Reprinted under the Reprints Act 1984 as at 27 April 2012]
           Compilation table