South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 105

105—Licence to operate children's residential facility

        (1)         The Chief Executive may, on an application under this section and by notice in writing, grant a licence to a person to operate a children's residential facility.

        (2)         An application for a licence—

            (a)         must be made in a manner and form determined by the Chief Executive; and

            (b)         must be accompanied by such information or documents as may be reasonably required by the Chief Executive.

        (3)         The Chief Executive must not grant a licence to a person unless satisfied that—

            (a)         the person is a fit and proper person to hold a licence (including by having regard to the suitability, qualifications and experience of the persons who will be operating the children's residential facility and of any persons who will be employed in the facility); and

            (b)         the person (or, in the case of a body corporate, each director of the body corporate) is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016 ; and

            (c)         a working with children check has been conducted in relation to the person (or, in the case of a body corporate, in relation to each director of the body corporate) within the preceding 5 years; and

            (d)         the premises proposed to be used as a children's residential facility are suitable for that purpose; and

            (e)         the system of management within the children's residential facility is appropriate.

        (4)         The Chief Executive must impose on each licence a condition setting out the maximum number (not exceeding the prescribed number) of children and young people that may reside in the licensed children's residential facility at any time (and may impose such other conditions as the Chief Executive thinks appropriate).

        (5)         The Chief Executive may, by notice in writing, vary, substitute or revoke a condition of a licence.

        (6)         The holder of a licence under this Part must not refuse or fail to comply with a condition of the licence.

Maximum penalty:

            (a)         in the case of a natural person—Imprisonment for 1 year; or

            (b)         in the case of a body corporate—$50 000.

        (7)         Subject to this Act, a licence remains in force for the period specified in the licence (not exceeding 3 years) and may be renewed in accordance with the regulations.

        (8)         In this section—

"prescribed number" means—

            (a)         if the regulations prescribe a number for the purposes of this definition—that number; or

            (b)         if the regulations do not prescribe a number for the purposes of this definition—4.