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Guide to the Education and Care Services National Law ... - acecqa

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www.<strong>acecqa</strong>.gov.au<br />

See page 111 for information that must be displayed in <strong>the</strong> education <strong>and</strong> care service premises.<br />

Conditions on provider approvals<br />

<strong>National</strong> <strong>Law</strong>: Section 19<br />

A provider approval may be granted subject <strong>to</strong> any conditions that are prescribed in <strong>the</strong><br />

<strong>National</strong> Regulations or that are determined by <strong>the</strong> Regula<strong>to</strong>ry Authority. All provider approvals<br />

are granted subject <strong>to</strong> <strong>the</strong> condition that <strong>the</strong> Approved Provider must comply with <strong>the</strong> <strong>National</strong><br />

<strong>Law</strong> <strong>and</strong> <strong>National</strong> Regulations.<br />

A Regula<strong>to</strong>ry Authority may place additional conditions on a provider approval. For example,<br />

a condition might be imposed <strong>to</strong> limit <strong>the</strong> number of services that may be operated by <strong>the</strong><br />

Approved Provider. Any additional conditions will appear on <strong>the</strong> copy of <strong>the</strong> provider approval.<br />

Amendment of provider approval<br />

<strong>National</strong> <strong>Law</strong>: Sections 22–24, 173, 190–191<br />

<strong>National</strong> Regulations: Regulation 17<br />

An Approved Provider may apply in writing <strong>to</strong> <strong>the</strong> Regula<strong>to</strong>ry Authority for an amendment of<br />

<strong>the</strong>ir provider approval.<br />

A Regula<strong>to</strong>ry Authority may also amend a provider approval at any time without application<br />

by an Approved Provider, such as <strong>to</strong> vary a condition or <strong>to</strong> place a new condition on a provider<br />

approval.<br />

The Regula<strong>to</strong>ry Authority must advise <strong>the</strong> Approved Provider in writing of <strong>the</strong> amendment, <strong>and</strong><br />

supply a copy of <strong>the</strong> amended provider approval <strong>to</strong> <strong>the</strong> Approved Provider.<br />

All decisions by <strong>the</strong> Regula<strong>to</strong>ry Authorities in relation <strong>to</strong> <strong>the</strong> appprovals process are reviewable.<br />

Suspension of provider approval<br />

<strong>National</strong> <strong>Law</strong>: Sections 25–30, 35–37<br />

<strong>National</strong> Regulations: Regulations 18–19<br />

A Regula<strong>to</strong>ry Authority may suspend a provider approval on a number of grounds, such as <strong>the</strong><br />

Approved Provider:<br />

• is no longer considered fit <strong>and</strong> proper <strong>to</strong> operate an education <strong>and</strong> care service<br />

• has not complied with a condition of <strong>the</strong>ir provider approval, or has been found guilty of an<br />

offence<br />

• has not operated any education <strong>and</strong> care service for 12 months<br />

20 TWO – <strong>Guide</strong> <strong>to</strong> <strong>the</strong> <strong>National</strong> <strong>Law</strong> <strong>and</strong> <strong>National</strong> Regulations

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