sec.47QCAT reviews of decisions under Child Care Act 2002

sec.47 QCAT reviews of decisions under Child Care Act 2002

This section applies to a decision made by the chief executive under the Child Care Act 2002 before the scheme commencement day if— the decision— related to a licence, or an application for a licence, under that Act for a child care service; or was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and the child care service is, on the scheme commencement day, a declared approved service; and immediately before the scheme commencement day— a person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or a person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application. If subsection (1)(c)(i) applies, the person may apply to QCAT, and QCAT may deal with the application, under the Child Care Act 2002 as if the service were still a child care service to which that Act applied. If subsection (1)(c)(ii) applies, QCAT may continue to deal with the application under the Child Care Act 2002 as if the service were still a child care service to which that Act applied. However, in exercising its powers after reviewing the decision, QCAT must make the orders it considers appropriate having regard to the provisions of the Education and Care Services National Law (Queensland). An application for review mentioned in subsection (3) concerns a decision to refuse an application for a licence under the Child Care Act 2002 . QCAT may order that the chief executive issue the person a provider approval and service approval under this Act. If, for a decision mentioned in subsection (1)(a)(ii), QCAT confirms the decision to give the compliance notice, it is taken to be a compliance notice under the Education and Care Services National Law (Queensland). s 47 (prev s 28) reloc and renum 2025 No. 24 s 39Y (2) – (3) (sec.47-ssec.1) This section applies to a decision made by the chief executive under the Child Care Act 2002 before the scheme commencement day if— the decision— related to a licence, or an application for a licence, under that Act for a child care service; or was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and the child care service is, on the scheme commencement day, a declared approved service; and immediately before the scheme commencement day— a person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or a person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application. (sec.47-ssec.2) If subsection (1)(c)(i) applies, the person may apply to QCAT, and QCAT may deal with the application, under the Child Care Act 2002 as if the service were still a child care service to which that Act applied. (sec.47-ssec.3) If subsection (1)(c)(ii) applies, QCAT may continue to deal with the application under the Child Care Act 2002 as if the service were still a child care service to which that Act applied. (sec.47-ssec.4) However, in exercising its powers after reviewing the decision, QCAT must make the orders it considers appropriate having regard to the provisions of the Education and Care Services National Law (Queensland). An application for review mentioned in subsection (3) concerns a decision to refuse an application for a licence under the Child Care Act 2002 . QCAT may order that the chief executive issue the person a provider approval and service approval under this Act. (sec.47-ssec.5) If, for a decision mentioned in subsection (1)(a)(ii), QCAT confirms the decision to give the compliance notice, it is taken to be a compliance notice under the Education and Care Services National Law (Queensland).

• (a) the decision— (i) related to a licence, or an application for a licence, under that Act for a child care service; or (ii) was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and
• (i) related to a licence, or an application for a licence, under that Act for a child care service; or
• (ii) was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and
• (b) the child care service is, on the scheme commencement day, a declared approved service; and
• (c) immediately before the scheme commencement day— (i) a person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or (ii) a person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application.
• (i) a person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or
• (ii) a person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application.
• (i) related to a licence, or an application for a licence, under that Act for a child care service; or
• (ii) was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and
• (i) a person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or
• (ii) a person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application.