Education Act 1989

319K Existing early childhood centres deemed to be licensed

• (1) Subject to subsections (2), (3), and (6), every early childhood centre that, immediately before the commencement of this section, was licensed as an early childhood centre is deemed to be licensed as an early childhood education and care centre under this subsection, and continues to be so licensed—

  • (a) for the relevant period, and in accordance with the regulations referred to in section 319N(1)(a) and (b); or

  • (b) if the service provider who operates that centre applies within the relevant period for a licence in accordance with regulations made under section 317, until that application is determined.

  (2) Despite subsection (1), the Secretary may give written notice to the service provider of an early childhood education and care centre that is deemed to be licensed under subsection (1), requiring the service provider who operates that centre to apply for a licence under regulations made under section 317 within 3 months of the date of that notice, and—

  • (a) if that service provider fails to make such an application within the specified period, the centre ceases to be licensed under subsection (1) at the end of that period; or

  • (b) if that service provider makes such an application within the required period, the centre continues to be licensed under subsection (1) until that application has been determined.

  (3) Despite subsection (1), if subsection (4) applies, the Secretary may, by written notice to the service provider who operates an early childhood education and care centre that is deemed to be licensed under subsection (1), declare that the centre is no longer licensed under subsection (1) and the notice has effect accordingly.

  (4) The Secretary may give a notice under subsection (3) only if the Secretary is satisfied that the service provider or the centre—

  • (a) does not comply with the regulations referred to in section 319N(1)(a) and (b); or

  • (b) does not comply with any conditions of the licence.

  (5) The Secretary may, despite the fact that the centre concerned does not meet the minimum requirements for the issue of a licence under regulations made under section 317, issue to the service provider operating the centre a transitional licence under those regulations that—

  • (a) expires on a date specified in the licence (being a date that is not later than 18 months after the date of issue); and

  • (b) is subject to any conditions specified on it.

  (6) If the Secretary is not satisfied that the conditions specified in a licence issued in circumstances described in subsection (5) are being complied with, the Secretary may, by written notice to the service provider operating the centre, cancel the licence.

  (7) Every notice under subsection (3) or subsection (6) must give reasons for the action taken.

  (8) Every early childhood centre must, while it is deemed to be licensed under subsection (1), be treated for the purposes of this Act as an early childhood centre licensed under regulations made under section 317 (as inserted by section 53 of the Education Amendment Act 2006).

  (9) Subsections (1) to (6) do not limit any powers to cancel, suspend, or reclassify a licence conferred by the regulations referred to in section 319N(1)(a) and (b).

  (10) In this section, relevant period means,—

  • (a) in relation to an early childhood centre for which a probationary licence was in force immediately before the commencement of this section, the period expiring on—

    • (i) the date specified in the probationary licence as the date on which it expires; or

    • (ii) if a full licence is obtained under the regulations referred to in section 319N(1)(a) and (b) before the expiry of that probationary licence, the date that is 6 years after the commencement of this section:

  • (b) in relation to an early childhood centre for which a provisional or full licence was in force immediately before the commencement of this section, the date that is 6 years after the commencement of this section.

  Section 319K: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).