Prescribed duties or classes of duties
s 22
Open ↗22. For the purposes of this Part, the Minister may prescribe the duties or classes of duties that require approval under section 23.
Source
Early Childhood Development Centres Act 2017 PART 3 — APPROVAL FOR PERSONS PERFORMING DUTIES AT EARLY CHILDHOOD DEVELOPMENT CENTRES
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Approval for performance of, and deployment of individuals to perform, prescribed duties
s 23
Open ↗23. A licensee of an early childhood development centre must not perform, and must not deploy an individual to perform, at that centre any prescribed duty or prescribed class of duties relating to —(a) the provision of care or education to children at that centre; or (b) the operation of that centre, unless the performance by that licensee of, or deployment of that individual to perform (as the case may be), the prescribed duty or prescribed class of duties at that centre is with the approval of the Chief Licensing Officer.
Application for approval
s 24
Open ↗24.—(1) An application for approval to perform, or to deploy an individual to perform, any prescribed duty or prescribed class of duties at an early childhood development centre must be made by the licensee of that centre to the Chief Licensing Officer in accordance with this section. (2) An application under subsection (1) must state the prescribed duty or duties, or the prescribed class or classes of duties, for which approval is sought and —(a) be in the form and manner required by the Chief Licensing Officer; (b) be accompanied by a non‑refundable application fee (if prescribed) paid in the manner required by the Chief Licensing Officer; and (c) be accompanied by any information the Chief Licensing Officer requires to determine the application. (3) The Chief Licensing Officer or an authorised officer may —(a) carry out such inquiries and investigations in relation to an application under subsection (1) as are necessary for a proper consideration by the Chief Licensing Officer of the application; and (b) request that the applicant provide, within a specified time, any additional information that the Chief Licensing Officer requires for a proper consideration of the application. (4) The Chief Licensing Officer may refuse an application —(a) that is incomplete or otherwise not made in accordance with this section; or (b) if the applicant fails to provide the additional information requested under subsection (3)(b).
Grant of approval
s 25
Open ↗25.—(1) In determining whether to grant approval for a licensee to perform, or for an individual to be deployed to perform, any prescribed duty or prescribed class of duties at an early childhood development centre, the Chief Licensing Officer must have regard to, and give such weight as the Chief Licensing Officer considers appropriate to, all of the following matters:(a) whether the licensee or individual has the requisite professional expertise and qualifications to perform the prescribed duty or duties or prescribed class or classes of duties for which approval is sought; (b) whether the licensee or individual has the appropriate character and fitness; (c) whether the licensee or individual has been —(i) convicted of an offence under this Act; (ii) convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the licensee or individual (as the case may be) had acted dishonestly; or (iii) convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; (d) whether there is any other relevant matter that makes it contrary to the public interest to grant approval. (2) For the purpose of determining whether a licensee or an individual has the requisite professional expertise and qualifications under subsection (1)(a), the Chief Licensing Officer must have regard to, and give such weight as the Chief Licensing Officer considers appropriate to, all of the following matters:(a) whether the licensee or individual possesses such academic and language qualifications as the Chief Licensing Officer may specify; (b) whether the licensee or individual has completed such training, or passed such course or courses, as the Chief Licensing Officer may specify; (c) whether the licensee or individual has such working experience as the Chief Licensing Officer may specify. (3) For the purpose of determining whether a licensee or an individual has the appropriate character and fitness under subsection (1)(b), the Chief Licensing Officer must take into account the prescribed considerations (if prescribed). (4) To avoid doubt, the Chief Licensing Officer is not confined to consideration of the matters in subsection (1) or prescribed under subsection (3) and may take into account such other matters and evidence as may be relevant. (5) An approval granted under this section for a licensee to perform, or for an individual to be deployed to perform, any prescribed duty or prescribed class of duties at an early childhood development centre —(a) is for the prescribed duty or duties or the prescribed class or classes of duties for which the approval is sought; and (b) ceases when the licensee or individual (as the case may be) ceases to perform at that centre the prescribed duty or duties or the prescribed class or classes of duties for which the approval is granted. (6) To avoid doubt, if —(a) the licensee intends to perform a duty or a class of duties; or (b) the licensee intends to deploy an individual to perform a duty or a class of duties, that is different from that for which approval is granted, a fresh application for approval must be made to the Chief Licensing Officer.
Conditions of approval
s 26
Open ↗26.—(1) In granting any approval under section 25 to any licensee, the Chief Licensing Officer may impose such conditions as the Chief Licensing Officer considers requisite or expedient having regard to the purpose of this Act. (2) The Chief Licensing Officer may impose —(a) conditions generally applicable in relation to all prescribed duties; (b) conditions specifically applicable in relation to a class of prescribed duties; or (c) conditions specifically applicable in relation to a particular prescribed duty. (3) In particular, an approval granted under section 25 may include conditions —(a) relating to the training of, and the passing of examinations or tests and obtaining of qualifications by, the licensee or individual (as the case may be) for whom the approval is granted; and (b) relating to the updating of the particulars of the licensee or individual (as the case may be) for whom the approval is granted. (4) Subject to subsections (5), (6) and (7), it is lawful for the Chief Licensing Officer to modify the conditions of an approval without compensating the licensee to whom and the individual for whom the approval is granted. (5) Before modifying any conditions of an approval, the Chief Licensing Officer must give notice to the licensee to whom the approval is granted —(a) stating that the Chief Licensing Officer proposes to make the modification in the manner specified in the notice; and (b) specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which the licensee may make written representations to the Chief Licensing Officer with respect to the proposed modification. (6) Upon receiving any written representation mentioned in subsection (5), the Chief Licensing Officer must consider that representation and may —(a) reject the representation; (b) amend the proposed modification in such manner as the Chief Licensing Officer thinks fit having regard to the representation; or (c) withdraw the proposed modification. (7) Where —(a) the Chief Licensing Officer rejects any written representation under subsection (6)(a); (b) the Chief Licensing Officer amends any proposed modification to the conditions of the approval under subsection (6)(b); or (c) no written representation is received by the Chief Licensing Officer within the time specified in subsection (5)(b), or any written representation made under that subsection is subsequently withdrawn, and the licensee has not given immediate effect to the modification, the Chief Licensing Officer must issue a direction in writing to the licensee in question requiring the licensee, within the time specified by the Chief Licensing Officer, to give effect to the modification as specified in the notice under subsection (5) or as amended by the Chief Licensing Officer, as the case may be.
Cancellation and suspension of approval
s 27
Open ↗27.—(1) Subject to subsection (3), the Chief Licensing Officer may (without compensation) cancel any approval granted under section 25, in respect of one or more or all of the prescribed duties or prescribed classes of duties on any of the following grounds:(a) any ground that would have entitled the Chief Licensing Officer to refuse an application for approval in respect of the licensee or individual; (b) the Chief Licensing Officer is not satisfied as to the character or fitness of the licensee or individual; (c) the licensee has, in connection with the application for approval, made a statement or provided any information or document which is false or misleading in a material particular; (d) the licensee or individual has contravened any of the provisions of this Act, or has been —(i) convicted of an offence under this Act; (ii) convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the licensee or individual (as the case may be) had acted dishonestly; or (iii) convicted of a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed; (e) the licensee fails to comply with any direction under subsection (4); (f) the early childhood development centre where the licensee or individual (as the case may be) performs the prescribed duty or duties or prescribed class or classes of duties ceases operations. (2) Subject to subsection (3), where —(a) the Chief Licensing Officer considers that one or more events mentioned in subsection (1) have occurred, but the event or events are not of sufficient gravity to cancel the approval; or (b) the licensee or individual (as the case may be), to whom the approval relates, has been charged with an offence under this Act or a prescribed offence, whether the offence was committed before, on or after the date the offence is prescribed, the Chief Licensing Officer may (without compensation) suspend the approval, in respect of one or more or all of the prescribed duties or prescribed classes of duties, for such period as the Chief Licensing Officer thinks fit. (3) If the Chief Licensing Officer cancels or suspends the approval under subsection (1) or (2), the Chief Licensing Officer must, without delay, serve on the licensee a notice of the cancellation or suspension, as the case may be. (4) In the case of the suspension of any approval, the Chief Licensing Officer may (without compensation), in addition to the notice under subsection (3), issue such directions to the licensee as the Chief Licensing Officer thinks fit, including but not limited to the following:(a) the licensee must attend, or ensure the individual who is the subject of the approval attends, such training during the period of suspension as the Chief Licensing Officer may specify; (b) the licensee must attend, or ensure the individual who is the subject of the approval attends, such medical or health assessment or treatment during the period of suspension as the Chief Licensing Officer may specify.
Notification of cessation of performance of, or deployment to perform, duty
s 28
Open ↗28.—(1) A licensee must notify the Chief Licensing Officer of the cessation of the performance by the licensee of any prescribed duty or prescribed class of duties, and of the deployment of any individual to perform any prescribed duty or prescribed class of duties, at the licensee’s early childhood development centre. (2) A notification under subsection (1) must be made to the Chief Licensing Officer not later than the prescribed time after the cessation of the performance or deployment (as the case may be).
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