Sections 73 to 76 of the Lukautim Pikinini Act 2015 are the enforcement end of Part IX.
Section 73 — directions, then revocation
Where, on an inspection of a licensed centre, it appears that a condition or requirement of the licence is not complied with, the Office may give written directions to the person in charge to ensure compliance, failing which the licence may be revoked.
Where the licensed centre is an out-of-home care service, on the cancellation of the licence the Office shall —
(a) restore the child to his parents; or
(b) place the child in another out-of-home care centre.
The Office does not revoke first. It gives written directions, and revocation follows only on failure to comply.
That reflects reality: closing a centre displaces children. Where the defect can be fixed — staffing, records, premises — fixing it is better for the children than closure.
Note that section 68(3) also allows suspension or revocation for failure to meet the minimum standards or a reasonable direction, and section 69(2) for unqualified staff.
The Office is not permitted to close an out-of-home care service and leave the children where they were. It shall restore them to their parents or place them elsewhere.
Paragraph (a) comes first, consistent with section 5(1)(d) and (h) — the family is the preferred environment, and interventions should aim at return. But restoration is only appropriate if it is safe, and where it is not, paragraph (b) applies. The section 52 options — a member of the child’s family, an approved foster parent, another child-friendly place — remain available.
Section 74 — operating without a licence
The person in charge of a place referred to in section 66 that is not licensed is guilty of an offence.
Penalty: a fine not exceeding K5,000.00 or imprisonment for a term not exceeding five years, or both.
(2) On conviction, any child placed at that place shall be removed from it and taken to a child-friendly place as determined by the Office.
(3) The child shall remain there until the Office decides that he (a) be restored to his parents; or (b) be placed in another out-of-home care service.
| Offence | Section | Maximum penalty |
|---|---|---|
| Operating an unlicensed place | 74(1) | K5,000 or 5 years, or both |
| Failure to keep a register or daily log | 70(4) | K5,000 or 2 years, or both |
| Unauthorised removal of a child from a centre | 71(3) | K500 or 6 months, or both |
| Failure to give notice of the death of a child | 75(2) | K500 or 6 months, or both |
| Exposure or exhibition by a licensed caregiver without approval | 53(4) | K2,000 or 12 months, or both |
Operating unlicensed is treated as more serious than any record-keeping or removal offence — because an unlicensed place has been through no inspection, meets no standards, employs unqualified staff lawfully, keeps no register, and is subject to no annual inspection.
It matches the child labour penalty in section 54(1). And note section 66(8): an Investment Promotion Authority licence is not a licence to conduct a centre, so a business registration is no defence.
Section 75 — notice of the death of a child
(1) The person in charge of a licensed place shall, immediately after the death of a child, give notice of the death to the officer-in-charge at the nearest police station and the Office.
(2) Failure to comply is an offence. Penalty: a fine not exceeding K500.00 or imprisonment for a term not exceeding six months, or both.
(3) The officer-in-charge of police shall make inquiry and report to the coroner — or, if the exigencies of the case so require, to a magistrate — whether an inquiry respecting the cause of death is necessary.
(4) The Office shall, on receiving the notice, cause it to be registered with the Civil Registry.
Notice goes to both the police and the Office. Neither depends on the other, and neither can suppress the matter.
Subsection (3) then puts the decision about a coronial inquiry in the hands of the coroner or a magistrate, not the centre and not the police alone.
This is the provision that ensures a death in institutional care is examined by someone outside the institution — a safeguard reinforced by section 78, which creates offences against children in care.
Section 76 — form and service
Where a person is required to forward a notice to, or effect a registration of particulars with, the Office, the notice or particulars shall — (a) be in writing; and (b) unless delivered personally, be forwarded by registered post.
Registered post creates a record of despatch and receipt. Where the obligation is to notify a death or a relocation, being able to prove that notice was given — or was not — is the difference between compliance and an offence.
Sources
- Lukautim Pikinini Act 2015 — ss 5, 52–54, 63–78
- Investment Promotion Act 1992
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.