Page 739 - Week 02 - Thursday, 25 February 2010
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powers in relation to childcare services in the territory. These regulatory powers include the granting of licences and monitoring of compliance with the ACT childcare service standards. The responsibility for these functions rests with the Children’s Policy and Regulation Unit. As of 16 February of this year, the unit has responsibility to regulate 248 licensed childcare services, monitoring these for compliance with up to 396 different childcare service standards.
At times a temporary exemption for a standard needs to be provided. The act currently provides for the granting of temporary standard exemptions against one or more childcare services. Exemptions ensure operators of licensed childcare services are authorised to continue to provide a childcare service in the best interests of the children.
All exemptions granted to licensees are instruments open to public scrutiny. They are notified on the legislation register and are displayed in the childcare centre program. Exemptions are only granted if there is a suitable and timely plan to rectify the issue. Currently a temporary standard exemption, against any single standard, may only be granted to a service on one occasion during the duration of a licence. Licences are usually granted for a year for new services and three years for established businesses.
Additionally, the current provisions have a 12-month limit on the granting of extensions to exemptions. These conditions may restrict the viability of childcare services in the ACT and impact on the provision of child care offered to children and families. For example, suppose a childcare centre seeks an exemption regarding an accommodation standard while refurbishments to the centre are underway. An exemption is provided for the planned duration of the refurbishment—initially six months and then extended to 12 months. But we know that delays can occur affecting the completion of the work. In accordance with the act, a further exemption to the relevant accommodation standard is unable to be authorised and the centre must close rooms and limit services until the work is complete.
Temporary standard exemptions have been granted on 56 occasions to licensed childcare services since May and 49 of these exemptions have been repealed, having been satisfactorily addressed. Each exemption is notified in the register and displayed for information for parents and families. The granting of an exemption to a service continues to require the service to comply with all other provisions of the act that ensure the best interests and wellbeing of children.
The amendment proposed at section 749 clearly states that a temporary standard exemption may be granted on more than one occasion during a licence period for only one standard—and the duration of the exemption is determined by the chief executive in accordance with the stringent requirements and accountability measures that I have referred to—and where there is an agreed plan to remedy the situation.
Amendments are also proposed to information-sharing provisions of the act which clarify its interpretation and reflect its initial intentions. The Children and Young People Act 2008 makes provision for information-sharing and information secrecy requirements when undertaking functions under this act or as required under another law.
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