16Grant or refusal of licence

16 Grant or refusal of licence

(1)  In this section –

(a) a reference to ancillary staff, child carer, person-in-charge or responsible person is a reference to a person that the applicant has nominated in the application to be employed or used in that position if the licence applied for is granted; and

(b) a reference to a child care service is a reference to the child care service which would be authorised by the licence if granted.

(2)  On receipt of an application for a licence, the Secretary may grant a licence or refuse to grant a licence.

(3)  The Secretary must not grant a licence unless the Secretary is satisfied –

(a) that the applicant is a fit and proper person to hold that licence; and

(b) 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; and

(c) [Section 16 Subsection (3) amended by No. 67 of 2005, s. 9, Applied:15 Dec 2005] that the applicant has paid any cost that the applicant has been required to pay under section 15(8) .

(4)  [Section 16 Subsection (4) substituted by No. 67 of 2005, s. 9, Applied:15 Dec 2005] In determining whether an applicant is a fit and proper person to hold the licence applied for, the Secretary must take into account any matter that the Secretary considers relevant including, but not limited to, the matters specified in section 15A(2) .

(5)  [Section 16 Subsection (5) omitted by No. 67 of 2005, s. 9, Applied:15 Dec 2005] .  .  .  .  .  .  .  .  

(6)  If the Standards provide for different classes of a particular type of licence and the Secretary grants a licence of that type, the Secretary must determine which class the licence is to be and endorse that class on the licence.

(7)  If the Secretary grants a licence, the Secretary may specify in the licence the premises, or the class of premises, in which the holder of the licence may or may not operate or provide the child care service.