Monitoring and enforcement
The Child Care Act 2002 (the Act) contains all of the inspectorial powers necessary to ensure that departmental officers have the power to monitor child care services, including powers relating to entering and searching child care services.
There are a number of enforcement options available to the department under the Act. This will mean that whilst the legislation will allow licensees flexibility in service delivery, there will be sufficient ability for the department to ensure that licensing standards are maintained.
The enforcement options include:
- a compliance notice (section 142 of the Act)
- a show cause notice (see below)
- power to amend a licence (section 42 of the Act, and section 43 for urgent amendment of the licence)
- power to suspend or revoke a licence (sections 45 to 50 of the Act)
- power to issue a prohibition notice to a person (sections 103 - 110 of the Act).
Unless the situation is urgent, the department must provide the licensee with a 'show cause' notice before amending, suspending or revoking a licence.
Where the licence is suspended or revoked, the licensee will be required to give notice of the suspension or revocation to parents who use the service (for a centre based service) and the carers in the service (for a home based service) (section 49 of the Act).
Last updated: 23 June 2008.