Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A childcare service licence is subject to the condition that the service must be operated in a way that complies with the childcare services standards.
Example
The Minister makes a childcare service standard for family day care schemes. A licence for a childcare service of that kind is subject to the condition that it is operated in a way that complies with the standard.
Note 1 The Minister may make childcare services standards under s 887.
Note 2 The Minister may make different standards in relation to different childcare services or different classes of service, and standards that apply differently by reference to stated exceptions or factors (see Legislation Act
, s 48.)
Note 3 An authorised person may, at any reasonable time, enter premises if a licensed childcare service is operating on the premises or the director-general suspects on reasonable grounds that a childcare service is operating on the premises (see s 817).
(2) The director-general may exempt a childcare service from 1 or more childcare service standards (a temporary standards exemption ) for a reasonable period if the director-general believes on reasonable grounds that—
(a) the exemption is not likely to prejudice the safety and educational, social and developmental wellbeing of a child or children being cared for by the service; and
(b) the exemption is not likely to impact on the childcare service's promotion of the educational, social and developmental wellbeing of children; and
(c) the childcare service has taken, or is taking, steps to comply with any childcare service standard included in the exemption; and
(d) the exemption will not result in the proprietor of the childcare centre failing to take all reasonably practicable steps to protect the health, safety and welfare of employees of the childcare service.
(3) The director-general may give a childcare service more than 1 temporary standards exemption from a childcare service standard.
(4) A temporary standards exemption must not include information that identifies a childcare worker or would allow the identity of a childcare worker to be worked out.
(5) The director-general may extend a temporary standards exemption for a reasonable period if satisfied of the matters mentioned in subsection (2) (a) to (d).
(6) A temporary standards exemption may be conditional.
(7) The director-general may revoke a temporary standards exemption at any time on reasonable grounds.
(8) A temporary standards exemption is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.