Part 8 Probity checks and Part 9 Miscellaneous
The Parts of the Regulation are:
Part 1 Preliminary (Clauses 1-6)
Part 2 Licensing procedures (Clauses 7-29)
Part 3 Facilities and equipment requirements (Clauses 30-50)
Part 4 Staffing requirements (Clauses 51-57)
Part 5 Child number requirements (Clauses 58-63)
Part 6 Operational requirements (Clauses 64-84)
Part 7 Administrative requirements (Clauses 85-116)
Part 8 Probity checks (Clauses 117-122)
Part 9 Miscellaneous (Clauses 123-125)
Schedule 1 Records to be kept for each child
Schedule 2 Savings and Transitional Provision
Schedule 2 - Dictionary
Q. What is the nature of a probity check?
A. Refer to Clause 119 - Nature of probity check.
Three Acts of Parliament require that a prospective licensee’s criminal history be checked. For an explanation of these, and other aspects of criminal history checking, go to the criminal history checks page in the Guide to children's services licensing.
Q. Who is required to undergo a probity check?
A. Refer to Clause 117 - Probity checks of proposed licensee and supervisor, Clause 118 - Probity checks of proposed staff, Clause 119 - Nature of probity check, Clause 120 - By whom probity check to be carried out, Clause 121 - Probity check to be carried out in compliance with guidelines.
Part 9 Miscellaneous (Clauses 123-125)
Q. What is the role of the Administrative Decisions Tribunal?
A. Refer to section 245 (g) of the Children and Young Persons (Care and Protection) Act 1998 and Clause 123 - Administrative Decisions Tribunal in the Children’s Services Regulation 2004.
The Act allows for an appeal against certain decisions made by DoCS in relation to children’s services. The classes of decisions which can be appealed are prescribed in Clause 123 of the Regulation.
A new clause has been added to the 2004 Regulation, Clause 123A - Review by Administrative Decisions Tribunal of certain family day care licensee’s decisions.
Decisions made by the licensee of a family day care service concerning the removal or suspension of a family day carer’s name from the register for the service, can now be reviewed by the ADT.
The ADT was established to provide a central and convenient way for the people of NSW to obtain a review of administrative decisions and to have certain complaints resolved. The Community Services Division of the ADT hears appeals from people who are not satisfied with any of the decisions made by DoCS in the prescribed conditions.
Further information regarding the ADT can be found in the appeals and complaints section of the Guide to children's services licensing.
Q. Can a service continue to operate while an appeal takes place?
A. Refer to Clause 21(4) - Further licences.
If there is an application for a review of any licensing decisions prescribed in Clause 123, the licence remains in force until the application for review is finally dealt with.
Q. What is the process for an appeal to the ADT?
A. Service providers should contact the ADT on (02) 9223 4677 for information regarding the appeals process.
