Part IX of the Lukautim Pikinini Act 2015 licenses and inspects the places where children are cared for outside their own homes.
Section 65 — the requirement
A person in charge of — (a) an early childhood care and development centre; or (b) an out-of-home care service — shall be licensed in accordance with this Part.
This Part does not apply to —
(a) a hospital licensed under the medical registration legislation;
(b) a relation by blood of a child placed with them under this Act;
(c) a person given custody of a child through a Court or by a deed or a will;
(d) a preschool, elementary school or similar institution conducted under the Education Department, the International Education Agency, or as a permitted school.
A blood relation caring for a child placed with them, and a person given custody by court order, deed or will, need no licence. That is essential: the ordinary Papua New Guinean pattern of extended-family care would otherwise be caught, and section 9(2) expressly contemplates relatives exercising parental responsibility under custom, deed or will.
Paragraph (d) leaves schooling to the education system, and paragraph (a) leaves hospitals to health regulation. Part IX targets the gap: childcare and out-of-home care.
Section 66(1) to (4) — the process
| Step | Who | Time |
|---|---|---|
| Apply in writing with the prescribed fee, to the Council through the Office | Person in charge | — |
| Inspect the place | The Director | Within 21 days of receipt |
| Compile a report with recommendation to the Council | The Director | — |
| Approve or reject | The Council | Within 21 days of the report |
A decision by the Council is final and is not subject to review except by a court of competent jurisdiction.
There is no internal appeal. The only recourse is judicial review in the National Court, which under Constitution section 155(4) may make such orders as are necessary to do justice, and which would apply the natural justice requirement in Constitution section 59.
Sections 66(5) to (10)
(a) be in the prescribed form;
(b) be subject to such conditions and requirements as may be considered necessary or proper — and penalties may also be imposed to enforce such conditions;
(c) specify (i) the purpose for which it is granted, and (ii) the maximum number of children who may be received and cared for in a residential child care establishment, or who may attend a crèche, day nursery or child minding centre.
(6) A licence remains in force for 12 months unless cancelled or varied by the Council. (7) Particulars of a variation are endorsed on the licence.
(8) A licence issued by the Investment Promotion Authority is not a licence to conduct a centre under this Act.
(9) A licensee who wishes to operate another centre, or who ceases to operate the nominated centre and wishes to establish one in another location, must apply for a new licence.
(10) A licensee who intends to change the place of residence of a child care establishment shall notify the Director six months prior to the actual relocation.
The maximum number of children is on the face of the licence. Overcrowding is therefore a breach of a licence condition, enforceable under section 73.
Subsection (8) closes an obvious gap. A business registration or foreign investment certificate is not a childcare licence. See IPA certification, which serves an entirely different purpose.
The licence attaches to a place. A new centre, or a move, requires a fresh licence — because the licence rests on an inspection of the particular premises. Six months’ notice of a relocation gives the Director time to inspect the new place before children arrive.
Section 67 — the licence fee
On approval of a licence, an initial fee as determined by the Council shall be charged for the first two years, and thereafter an annual renewal fee, not higher than the initial fee, as determined by the Council from time to time.
The Office’s power to charge or collect fees for licensing and inspection comes from section 13(j), and the Council’s power to issue and revoke licences from section 17(e). Licences are entered on the register the Office keeps under section 15(1)(b) to (d), which any person may inspect on written application and payment of the prescribed fee — so a parent can check whether a centre is licensed.
A licensed place is subject to minimum standards, staff qualifications, registers and annual inspection, and operating without a licence is an offence carrying a fine to K5,000 or five years’ imprisonment.
Sources
- Lukautim Pikinini Act 2015 — ss 2, 9, 13, 15, 17, 63–76
- Investment Promotion Act 1992
- Constitution — ss 59, 155(4)
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.