The licensing process
The maximum term of a licence under the Child Care Act 2002 (the Act) is three years (section 14). Licences may be issued subject to conditions. However, a licence condition cannot exempt a service from a provision of the legislation.
The Department of Communities may issue a provisional licence for a period of not longer than three months, and can only issue one in regard to applications for a new licence. A provisional licence may be issued in circumstances where the service is ready to commence operation but there are a small number of minor matters outstanding that will be rectified within the time stated in the provisional licence (section 20 of the Act).
For example, a provisional licence may be issued for a new service where a piece of playground equipment has been ordered but has not yet arrived.
In deciding whether to issue, renew, suspend or revoke a licence, or whether to attach conditions to the licence, the department may take into account a range of issues (Division 4 of the Act - Bases for making licensing decisions).
In particular, the department must:
- have regard to the guiding principles5
- be satisfied that the licensee/applicant is suitable, including checking that the licensee has a current prescribed notice issued by the Commission for Children and Young People and Child Guardian
- be satisfied that the premises and facilities for the child care service are suitable (section 28 of the Act): for centre based services, this will involve ensuring that the building meets the building standards by checking the Certificate of Classification; for home based care this involves being satisfied that the licensee is willing and able to ensure that the homes and facilities used are safe and suitable (section 29 of the Act).
The department must also have regard to the matters listed in section 31 of the Act (Other criteria, for example: number of children, ages of children, length of time care to be provided etc), and any other matter that the Chief Executive considers is relevant.
The department may require the applicant or licensee to provide any information that may assist in deciding the application for the licence, or renewal (sections 19 and 21 of the Act).
For example, the department may require the applicant or licensee to provide a report on the risks associated with the proposed location of the child care centre next to a petrol station. After considering the report, the department may determine that it is appropriate to apply certain conditions on the hours of operation of the service.
If the applicant or licensee is dissatisfied with the decision of the department, the applicant or licensee may appeal the decision to the Children's Services Tribunal (section 163 of the Act).
For more information about licensing please refer to Licensing Centre based services Policy (434-1) or Licensing home based services Policy (463-1) and the relevant procedure for centre based, school age care or home based care services.
Last updated: 02 September 2008.