Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 763

    (1)     This section applies if the director-general believes on reasonable grounds that—

        (a)     children being cared for by a licensed childcare service are unsafe; and

        (b)     the exercise of the director-general's powers under this section is necessary to protect the children.

Note     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 give a written notice (a safety suspension notice ) to the licensed proprietor, immediately suspending the childcare service licence.

Note     A decision under this subsection is a reviewable decision (see  s 839).

    (3)     If the director-general gives a safety suspension notice to the licensed proprietor, the director-general must also take reasonable steps to tell a person with daily care responsibility for each affected child about the suspension.

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)     The safety suspension notice has effect until revoked by the director-general by written notice given to the licensed proprietor.

Note     If a form is approved under s 886 for this provision, the form must be used.