In Tasmania, child care centres must be licensed under the Child Care Act 2001. The Child Care Unit assesses each application against the licensing standards for centre based care, or approved registration bodies which involves checking suitability of the applicant, the physical premises for approved registration bodies and relevant documentation, eg policies and procedures. A new service must be licensed prior to opening for business.
Further information is available on:
Although not mandatory, the development process outlined below assists to ensure that the building will meet licensing standards. The risk otherwise is that, if the completed building does not meet licensing standards, the Child Care Unit will not be able to recommend issue of licence. Licensing officers may also be of assistance in identifying functional issues that could impact on the operation of the service. It is therefore preferable for the developer and the Child Care Unit to work co-operatively throughout the process.
The development process may vary for new services depending on whether the service is to be newly built or the building is to be renovated.
The developer/service operator makes initial contact with the Child Care Unit.
An officer from the Child Care Unit sends a copy of the centre based care licensing standards and any other relevant information to the developer/operator or provides the website details.
A licensing officer from the Child Care Unit may be available for preliminary discussions (including viewing proposed land or building options).
The developer/service operator formally notifies the Child Care Unit of the project proposal in writing.
Licensing officers will have discussions with the developer/service operator, architect, etc to ensure that the plans will meet licensing standards. In order to provide the most comprehensive feedback to the developer, because of their licensing commitments, it is important the Child Care Unit staff have a minimum of two (2) weeks to look at plans.
During this process it is important that the developer/service operator is also following through with requirements such as seeking planning and building approval from Council.
Once the plans have been satisfactorily finalised (ie from the developer/service operator’s and the Child Care Unit’s perspective), it is advisable that any changes during the building process are first checked with the Child Care Unit to ensure that the changes do not have an impact on the building meeting licensing standards.
The Child Care Unit will send out a 'Fitness and Propriety Package'. The licence applicant, any responsible persons, the person-in-charge of the service and members of the service operator all have a responsibility to demonstrate to the CCU that they are fit and proper to be involved in a child care service. This is to be completed prior to issue of licence. There are slight differences in the checks that apply to the different roles and because some, such as safety screening, or obtaining referee reports, take time to process, these areas must commence well before the service expects to open.
Also at an appropriate time, the licensing officer will send out a licensing package that will include all the required forms for completion and the related timelines. Refer to Licensing Requirements.
Licensing officers will arrange to visit the service on a number of occasions during the construction period to respond to any licensing issues that arise that were not able to be identified through the planning process.
Prior to a final licence assessment the centre will need to be totally set up as if the service is about to commence, ie with all the furniture, equipment, required items on display, etc. Licensing officers will measure the building, encumbrances (ie fixed furniture, furniture used for storage or administrative purposes, and items whose primary purpose is not for children’s play) and playground to confirm final licence numbers.
Licensing officers will write the report and the recommendations regarding the issue of a licence. These need the approval of the Director, Early Years, prior to the licence being signed and issued. An initial licence will be for a period of up to four months. A further licensing assessment will take place within this four month period to follow up standards which were not able to be assessed prior to the service opening, eg Excursions and Transport, Administration and Records, Health, Hygiene and Infection Control, etc.
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Key personnel or organisations that may be involved in the development of a new centre based child care service
It is the developer’s responsibility to determine those who need to be involved in the particular project. Depending upon the individual circumstances, key personnel/organisations may include any of the following:
Identification of Need
The developer or service operator must research the current needs of child care in the community, however, the following areas may provide assistance in this research.
Community — is a child care service needed in that community, if so, what type of service is needed?
Community Development Officer — if there is a person holding this position or similar in the community, it may be beneficial to discuss the proposal with them as they may have useful knowledge about the needs in the community.
Department of Education, Employment and Workplace Relations — it may be beneficial to speak with Australian Government (Child Care) officers early in the process as they may have relevant statistical information which may inform whether there is a need in the area.
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Development of the Project
Department of Education - it is important that communication with the Child Care Unit about the proposal is made early and is ongoing to ensure that the licensing process is as effective and efficient as possible. If the service is to be on a school site, the Department's Facilty Services section and school staff will also need to be involved in the process, eg in relation to the building, leases, etc. For more information about this, separate documentation in relation to 'Establishing Child Care in Schools' is availalbe from the Child Care Unit.
Project Manager—this is the person who oversees the development of the building ensuring that all goes to plan. Architects may fulfil this function.
Surveyor, Architect, Builders, Landscapers
Centre staff—eg for a service which already has staff or, for situations where the staff are employed early enough in the process, to provide input given their direct experience in the operation of a child care service.
Steering Committee—some services, particularly community based services or those receiving funding from other agencies, may have a steering committee to assist in the decision making process through the developmental phase. This may then be replaced by a management committee or other form of service operator as applicable once the service is complete.
Authorities required to give approval to the development
Public Health Authorities — there are requirements under the Food Safety Standards for facilities within child care services.
Tasmania Fire Services - may provide particular advice about fire requirements and evacuation processes.
Local Council — eg for planning and building approval, carpark requirements, change of use of a building, etc.
Department of Education, Employment and Workplace Relations — where the service needs to be approved for Child Care Benefit.
Department of Education - See Development of the Project
National Child Care Accreditation Council (NCAC)—if the service is to be approved for Child Care Benefit purposes, it will need to be registered with the NCAC. This commences the accreditation process.
Licensing Requirements for Centre Based Care or Approved Registration Bodies
Overview
In Tasmania, child care centres are required to be licensed under the Child Care Act 2001 (section 8).
Section 13(1) states that “A person may apply to the Secretary for a licence” and 13(2) outlines the requirements stating that,
An application—
- is to be in a form approved by the Secretary; and
- must be accompanied by a notice of disclosure under section 14; and
- must be accompanied by any prescribed fee; and
- is to be accompanied by any documents and information the Secretary requires.
Current forms are available at Forms and information sheets.
Section 15(1) states that “On receiving an application for a licence, the Secretary may carry out any investigation he or she considers necessary or appropriate to enable the making of a decision as to whether or not to grant the licence.”
This will involve licensing officers assessing the service against all the Licensing Standards for Centre Based Care or Approved Registration Bodies. Part of this will involve checking documentation, see below and checking the physical premises of the service for (centre based care).
Section 16(3) states that “The Secretary must not grant a licence unless the Secretary is satisfied—
- that the applicant is a fit and proper person to hold that licence; and
- that, if the licence is granted, the licence holder and the child care service operated or provided under the licence are likely to comply with all relevant provisions of the Standards;”
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Required Documentation
The documentation listed below and discussions with the licensee or their representative and a physical assessment of the premises (for centre based care), enables licensing officers to make recommendations regarding compliance with the relevant provisions of the Standards. Services will be sent information about the required documentation and the related timeframes for their return to the Child Care Unit
Fitness and Propriety
This term which may be expressed as a person being 'fit and proper', decribes a person's suitability to fulfil the particular role which, in this case, is working with children or being involved in the operation of a children's service. Checking that persons are fit and proper is a measure that helps to safeguard children in care against risks to their safety and well-being.
The licence applicant, any responsible persons, the person-in-charge of the service and members of the service operator all have a responsibilty to demonstrate to the Child Care Unit that they are fit and proper to be involved in a child care services. Staff, volunteers, students and regular visitors also have to be fit and proper and this is generally assessed by the service.
Administrative processes and forms are in place to assist the Child Care Unit in its delegated responsibilty to assess 'fitness and propriety'. These include;
- Safety Screening
- Declaration Form
- CCU Check against the Child Care Unit database and register
- Referee Reports
- Ability to make enquiries with interstate child care licensing colleagues and other agencies within Tasmania
Not all of these administrative processes will be relevant to all persons.
Safety Screening Clearance
The centre based care licensing standards require that all members of the service operator, including the representatives of the licence applicant, and all staff, volunteers, students and regular visitors who have contact with children are to provide evidence of current safety screening clearance. To enable this to occur, Safety Screening Application Forms are to be submitted to the Conduct and Investigations Unit. The Conduct and Investigations Unit will obtain information directly from the police, however, if preferred, the safety screening applicant may also include a recent police record with the form. If the safety screening clearance is approved, the Conduct and Investigations Unit will send notification (a certificate or a letter) directly to the applicant. If not approved, the applicant will be notified by the Conduct and Investigations Unit.
Manager (Conduct and Investigations Unit)
Department of Education
GPO Box 169
HOBART TAS 7001
or email: Conduct.and.Investigations@education.tas.gov.au
Declaration Form
The Declaration Form provides a format where those required to complete it are able to demostrate their knowledge of and commitment to implement the requirements under the Act and the licensing standards, to make disclosures about a number of matter and provide information about relevant qualfications and experience. If there are issues arising from the Declaration Form, the Child Care Unit may consult the Conduct and Investigations Unit for advice.
For further information about Fitness and Propriety, see the Fitness and Propriety Assessments Information Sheet under Publications/Forms and Information Sheets.
The relevant application Form
The application form for centre based child care services is Application for a Licence to Operate a Centre Based Child Care Service. The application form for an ARB is Application for a Licence to Operate an Approved Registration Body.
Insurance Details
Confirmation of current public liability insursnce and worker's compensation insurance is required. Confirmation may be in the form of a Certificate of Currency or Confirmation of Insurance. (Note: the insurance renewal schedule does not provide confirmation that the insurance has been paid.)
Schedule of Personnel
This schedule is a list of staff, volunteers and regular visitors, and details their status in relation to their position in the service, qualifications, first aid and safety screening. It provides licensing officers with a basis from which to assess a range of staffing matters.
Staff Roster where available (or centre based care)
This written documentation is to be provided to enable licensing officers to assess standards in relation to further staffing matters.
Fire Evacuation (for centre based care)
A current fire evacuation plan and written approval from the Tasmanian Fire Service for that evacuation plan is required. Approval must be obtained in writing from the Fire Service every five years, or on each occasion that there are renovations/alterations to the building which impact on the evacuation plan.
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Other Documentation
Other documentation including the certificate of incorporation, ABN, certificate of registration of a business/company also need to be provided. A list of these is included in the Appendix in the licensing package that the Child Care Unit sends to the developer/service operator.
Fees
The payment of a fee is specified as a requirement for new licence applications. For centre based care, the amount of the fee is based on the size of the service and therefore, until the new licence is issued for the specified number of children, the fee cannot be finalised. Once the licence is issued, the service will be sent an invoice. the invoice is sent as part of the licesning package for approved registration bodies as they are subject to a flat fee.
