s.72Registration
72
Section 72Part 10 — CHILD MINDING AND DAY CARE FOR YOUNG CHILDREN

Registration

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A register shall be kept —
by the Department, of persons who act as child minders on domestic premises; and
by the Education Department, of persons who provide day care for children under the age of 8 on premises other than domestic premises.
For the purposes of this Part —
a person acts as a child minder if —
he looks after one or more children under the age of 8, for reward; and
the period, or the total of the periods, which he spends so looking after children in any day exceeds two hours; and
a person does not provide day care for children unless the period, or the total of the periods, during which children are looked after exceeds two hours in any day.
Where a person provides day care for children under the age of 8 on different premises that person shall be separately registered with respect to each of those premises.
A person who —
is the parent, or a relative, of a child;
has parental responsibility for a child; or
is a foster parent of a child,
does not act as a child minder for the purposes of this Part when looking after that child.
Where a person is employed as a nanny for a child, she does not act as a child minder when looking after that child wholly or mainly in the home of the person so employing her.
Where a person is so employed by two different employers, she does not act as a child minder when looking after any of the children concerned wholly or mainly in the home of either of her employers.
The Department may refuse to register an applicant for registration under subsection (1)(a) if it is satisfied that —
the applicant; or
any person looking after, or likely to be looking after, any children on any premises on which the applicant is, or is likely to be, child minding,
is not fit to look after children under the age of 8.
The Department may refuse to register an applicant for registration under subsection (1)(a) if it is satisfied that —
any person living, or likely to be living, at any premises on which the applicant is, or is likely to be, child minding; or
any person employed, or likely to be employed, on those premises,
is not fit to be in the proximity of children under the age of 8.
An application for registration may be refused under subsection (1) (b) if the Education Department is satisfied that any person looking after, or likely to be looking after, any children on the premises to which the application applies is not fit to look after children under the age of 8.
The Education Department may refuse to register an applicant for registration under subsection (1) (b) if it is satisfied that —
any person living, or likely to be living, at the premises to which the application relates; or
any person employed, or likely to be employed, on those premises,
is not fit to be in the proximity of children under the age of 8.
The Education Department may refuse to register an applicant for registration under this section if it is satisfied in the case of an application under subsection (1) (b), that the premises to which the application relates' are not fit to be used for looking after children under the age of 8, whether because of their condition or the condition of any equipment used on the premises or for any reason connected with their situation, constitution or size.
In this section — "domestic premises" means any premises which are wholly or mainly used as a private dwelling; and "premises" includes any vehicle.
For the purposes of this Part a person acts as a nanny for a child if she is employed to look after the child by —
a parent of the child;
a person who is not a parent of the child but who has parental responsibility for him; or
a person who is a relative of the child and who has assumed responsibility for his care.
For the purposes of this section, a person fosters a child if —
he is a departmental foster parent in relation to the child; or
he fosters the child privately.
Any register kept under this section —
shall be open to inspection by members of the public at all reasonable times; and
may be kept by means of a computer.
Schedule 9 has effect for the purpose of making further provision with respect to registration under this section including, in particular, further provision for exemption from the requirement to be registered and provision for disqualification.

Defined Terms

domestic premisespremises

Cross References

Referenced By