Child Care (Amendment) Act 2024

Amendment of section 58F of Principal Act

9. Section 58F of the Principal Act is amended—

(a) by the insertion of the following subsections after subsection (2):

“(2A) A registered provider may, within 7 days of the date on which a temporary prohibition order is served on him or her, appeal to the District Court against the decision to issue the order.

(2B) The bringing of an appeal under subsection (2A) against a temporary prohibition order which is to take effect in accordance with section 58JC(3)(a) shall not have the effect of suspending the operation of the order.

(2C) Without prejudice to subsection (2B), a person who brings an appeal under subsection (2A) against a temporary prohibition order may apply to the District Court to have the operation of the order suspended until the appeal is withdrawn or determined and, on such application, the court may, if it thinks proper to do so, direct that the operation of the order be suspended until the appeal is withdrawn or determined.

(2D) The court may, on an appeal under subsection (2A)—

(a) confirm the temporary prohibition order, with or without modification, or

(b) cancel the temporary prohibition order.”,

and

(b) in subsection (3), by the substitution of “this section and sections 58JA, 58JB and 58JD” for “this section”.