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

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Amendment of service approval
National Law: Sections 54–55, 57
National Regulations: Regulation 34
An Approved Provider may apply in writing to the Regulatory Authority for an amendment of a
service approval. An amendment cannot change the location of a service.
The Regulatory Authority must make a decision on the application within 60 days after the
application (or any further information requested by the Regulatory Authority) is received.
A Regulatory Authority may also amend a service approval at any time without an application
by an Approved Provider, for example to vary a condition or to place a new condition on the
service approval.
The Regulatory Authority must advise the Approved Provider in writing of the amendment, and
issue a copy of the amended service approval.
Change to Nominated Supervisor
National Law: Section 56
National Regulations: Regulations 35
The Approved Provider must notify the Regulatory Authority in writing if the provider wishes
to change the person designated as the Nominated Supervisor. This notice should be given at
least seven days before the person commences as the Nominated Supervisor, or if this is not
possible, no later than 14 days after the change of Nominated Supervisor.
The notice to the Regulatory Authority must include that person’s written consent to be the
Nominated Supervisor.
A person must have a Supervisor Certificate to be a Nominated Supervisor.
Transfer of service approval
National Law: Sections 58–69
National Regulations: Regulations 36 (Centre-based service), 37 (Family day care service), 38
A service approval may be transferred from one Approved Provider to another Approved
Provider—for example, where an Approved Provider sells their business, or has their provider
approval or service approval suspended.
The transferring and receiving Approved Providers must jointly notify the Regulatory Authority
in writing of the transfer at least 42 days before the transfer is intended to take effect.
28TWO – Guide to the National Law and National Regulations