sec.48Chief executive reviews of compliance notice decisions under Child Care Act 2002

sec.48 Chief executive reviews of compliance notice 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 was to give to a person a compliance notice relating to a contravention of a provision of the Child Care Act 2002 ; and the contravention related to a child care service that 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 164B to apply to the chief executive to have the decision reviewed but had not made an application; or a person had applied to the chief executive under the Child Care Act 2002 , section 164B to have the decision reviewed but the chief executive had not finished dealing with the application. If subsection (1)(c)(i) applies, the person may apply to the chief executive, and the chief executive 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, the chief executive 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. If the chief executive 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 48 (prev s 29) reloc and renum 2025 No. 24 s 39Y (2) – (3) (sec.48-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 was to give to a person a compliance notice relating to a contravention of a provision of the Child Care Act 2002 ; and the contravention related to a child care service that 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 164B to apply to the chief executive to have the decision reviewed but had not made an application; or a person had applied to the chief executive under the Child Care Act 2002 , section 164B to have the decision reviewed but the chief executive had not finished dealing with the application. (sec.48-ssec.2) If subsection (1)(c)(i) applies, the person may apply to the chief executive, and the chief executive 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.48-ssec.3) If subsection (1)(c)(ii) applies, the chief executive 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.48-ssec.4) If the chief executive 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).