Part 7Licensed children's residential facilities

Part 7—Licensed children's residential facilities 103—Interpretation In this Part— children's residential facility means— (a) a place where 3 or more children or young people are, for monetary or other consideration, cared for on a residential basis apart from their parents or guardians; or (b) any other place in which children or young people are cared for on a residential basis declared by the regulations to be included in the ambit of this definition, but does not include— (c) the residence of an approved carer in whose care a child or young person is placed under this Act; or (d) a residential facility or other centre established by the Minister under the Family and Community Services Act 1972; or (da) a training centre established under the Youth Justice Administration Act 2016; or (e) residential premises that are attached to a school or a tertiary education institution, or that are used solely for the purposes of caring for tertiary students; or (f) any other facility or place, or class of facility or place, declared by the regulations not to be included in the ambit of this definition. 104—Children's residential facilities to be licensed A person must not operate a children's residential facility unless the person is the holder of a licence under this Part in respect of the facility. (a) in the case of a natural person—Imprisonment for 2 years; or 105—Licence to operate children's residential facility (1) The Chief Executive may, on an application under this section and by notice in writing, grant a licence to a person to operate a children's residential facility. (2) An application for a licence— (b) must be accompanied by such information or documents as may be reasonably required by the Chief Executive. (3) The Chief Executive must not grant a licence to a person unless satisfied that— (a) the person is a fit and proper person to hold a licence (including by having regard to the suitability, qualifications and experience of the persons who will be operating the children's residential facility and of any persons who will be employed in the facility); and (b) the person (or, in the case of a body corporate, each director of the body corporate) is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and (c) a working with children check has been conducted in relation to the person (or, in the case of a body corporate, in relation to each director of the body corporate) within the preceding 5 years; and (d) the premises proposed to be used as a children's residential facility are suitable for that purpose; and (e) the system of management within the children's residential facility is appropriate. (4) The Chief Executive must impose on each licence a condition setting out the maximum number (not exceeding the prescribed number) of children and young people that may reside in the licensed children's residential facility at any time (and may impose such other conditions as the Chief Executive thinks appropriate). (5) The Chief Executive may, by notice in writing, vary, substitute or revoke a condition of a licence. (6) The holder of a licence under this Part must not refuse or fail to comply with a condition of the licence. (7) Subject to this Act, a licence remains in force for the period specified in the licence (not exceeding 3 years) and may be renewed in accordance with the regulations. prescribed number means— (a) if the regulations prescribe a number for the purposes of this definition—that number; or (b) if the regulations do not prescribe a number for the purposes of this definition—4. 106—Cancellation of licence (1) The Chief Executive may, by notice in writing, cancel a licence under this Part if the Chief Executive reasonably suspects that— (a) a child or young person in the licensed children's residential facility is not being adequately cared for; or (b) the provisions of this Act are not being complied with in respect of the licensed children's residential facility to which the licence relates; or (c) the holder of the licence has refused or failed to comply with a condition of the licence; or (d) the holder of the licence (or, if the holder of the licence is a body corporate, a director of the body corporate) is a prohibited person under the Child Safety (Prohibited Persons) Act 2016; or (e) a working with children check has not been conducted in relation to the holder of the licence (or, if the holder of the licence is a body corporate, in relation to a director of the body corporate) within the preceding 5 years; or (f) it is otherwise appropriate that the licence be cancelled. (2) The Chief Executive must (except in relation to a cancellation for a reason referred to in subsection (1)(c) or (d)) give the holder of a licence at least 28 days notice in writing of the Chief Executive's intention to cancel the licence. 107—Persons not to be employed in licensed children's residential facility unless they have been assessed (1) A person must not be employed in a licensed children's residential facility unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section. (2) However, subsection (1) does not apply to the employment of a person or person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection. (3) A person who is employed in a children's residential facility in contravention of subsection (1) is guilty of an offence. (a) for a first or second offence—$20 000; (b) for a third or subsequent offence—$50 000 or imprisonment for 1 year. (4) A person who employs, or continues to employ, a person in a licensed children's residential facility in contravention of subsection (1) is guilty of an offence. (a) in the case of a natural person—$50 000 or imprisonment for 1 year; or (5) For the purposes of this section, a reference to a person being employed will be taken to include a reference to a person who— (e) carries out work as a volunteer; or (f) performs unpaid community work in accordance with an order of a court, and a reference to employ is to be construed accordingly. 108—Record keeping (1) The holder of a licence under this Part must make such records as may be required by the regulations. (2) The holder of a licence under this Part must keep the records referred to in subsection (1) in accordance with the requirements set out in the regulations. 109—Child protection officer may inspect licensed children's residential facility (1) Without limiting any other provision of this Act, a child protection officer may, at any reasonable time, enter and inspect a licensed children's residential facility. (2) A child protection officer may give to the holder of a licence in respect of a licensed children's residential facility, or any person present at the facility, such directions as the child protection officer thinks necessary or appropriate to enable the child protection officer to properly inspect the facility. (3) A person must not refuse or fail to comply with a direction under subsection (2). (4) To avoid doubt, a child protection officer need not suspect that a child or young person residing in the licensed children's residential facility is at risk, or that the holder of a licence in respect of the facility has contravened this Act, in order to exercise a power under this section. 110—Chief Executive to hear complaints (1) A child or young person being cared for in a prescribed facility, or a parent or guardian of such a child or young person, may make a complaint to the Chief Executive with respect to the care that the child or young person is receiving in the facility. (2) A complaint under subsection (1) must be made in a manner and form determined by the Chief Executive. (3) The Chief Executive must cause a complaint made under this section to be investigated in accordance with the regulations. prescribed facility means— (a) a licensed children's residential facility; and (b) any other facility prescribed by the regulations for the purposes of this paragraph.