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 time frames for their return to Child Care.

Fitness and Propriety

This term which may be expressed as a person being 'fit and proper', describes a person's suitability to fulfill 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 responsibility 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 inquiries 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 qualifications 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 cehttp://www.education.tas.gov.au/dept/reports/edureport2007ntre 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 insurance 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.