Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the director-general believes on reasonable grounds that the licensed proprietor of a childcare service has operated the childcare service in a way that does not comply with this chapter or a childcare services standard.
Note 1 For s (1), the director-general may also give an intention to cancel notice (see s 764).
Note 2 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).
Note 3 The Minister may make childcare services standards under s 887.
(2) The director-general may give a written notice (a compliance notice ) to the licensed proprietor of the childcare service—
(a) directing the licensed proprietor to take the steps stated in the notice to comply with the relevant provisions or standard not later than the day stated in the notice; and
(b) telling the licensed proprietor that the licensed proprietor may make a submission, orally or in writing, to the director-general about the notice not later than 7 days after the day the notice is given to the licensed proprietor.
(3) If the licensed proprietor does not make a submission in accordance with the compliance notice, the director-general must take reasonable steps to tell a person with daily care responsibility for each affected child about the compliance notice.
Note A parent of a child has daily care responsibility for the child unless that aspect of parental responsibility has been transferred to someone else (see s 16 and s 17). Daily care responsibility for a child may also be shared with someone else (see s 18).
(4) If the licensed proprietor makes a submission in accordance with the compliance notice, the director-general must consider the submission and must either—
(a) confirm the compliance notice; or
(b) amend the compliance notice; or
(c) revoke the compliance notice.
Note A decision under this subsection is a reviewable decision (see s 839).
(5) After making a decision under subsection (4), the director-general must tell the licensed proprietor about the decision.
(6) If the licensed proprietor makes a submission in accordance with the compliance notice and the director-general decides to confirm or amend the compliance notice, the director-general must take reasonable steps to tell a person with daily care responsibility for each affected child about the compliance notice and the decision to confirm or amend it.