45Emergency suspension of licence or registration

45 Emergency suspension of licence or registration

(1)  If the Secretary or an approved registration body considers, on reasonable grounds, that a child being provided with a child care service –

(a) is not in a safe environment; or

(b) is not being properly and appropriately cared for and supervised; or

(c) is in or may be exposed to a situation where every reasonable precaution is not taken to protect the child from a hazard likely to cause injury –

and it is appropriate to do so to prevent that child or another child being put at risk of being neglected or suffering injury or death, the Secretary or approved registration body may suspend the licence or registration of that child care service for a period not exceeding 7 days.

(2)  The Secretary or an approved registration body may further suspend a licence or registration suspended under subsection (1) or this subsection if the Secretary or approved registration body considers it appropriate to do so to prevent a child being put at risk of being neglected or suffering injury or death.

(3)  A suspension of a licence or registration takes effect on written notice of it being provided to the holder of the licence or the registered carer.

(4)  If the Secretary or an approved registration body suspends a licence or registration under this section, the Secretary or approved registration body may revoke the suspension at any time.

(5)  [Section 45 Subsection (5) substituted by No. 67 of 2005, s. 21, Applied:15 Dec 2005] If the Secretary suspends a licence under this section, the Secretary may proceed to take disciplinary action under Division 4 of Part 3 or the Standards.

(5A)  [Section 45 Subsection (5A) inserted by No. 67 of 2005, s. 21, Applied:15 Dec 2005] If an approved registration body suspends a registration under this section, it may proceed to take disciplinary action under the Standards.

(6)  [Section 45 Subsection (6) amended by No. 67 of 2005, s. 21, Applied:15 Dec 2005] An approved registration body may only exercise powers under this section in relation to a person who has been registered by that body as a registered carer.