Division 1 Application for service approval
43 Application for service approval
(1) An approved provider may apply to the Regulatory Authority for a service approval for an education and care service.(2) An approved provider may only apply for a service approval for an education and care service if the approved provider is or will be the operator of the education and care service and is or will be responsible for the management of the staff members and nominated supervisor of that service.(3) A person who has applied for a provider approval may apply to the Regulatory Authority for a service approval, however the Regulatory Authority must not grant the service approval unless the provider approval is granted.
(1) An application for a service approval must—(b) be in writing; and(c) include the prescribed information; and(d) nominate a certified supervisor to be the nominated supervisor for the service and include that person’s written consent to the nomination; and(e) include payment of the prescribed fee.(2) An application for service approval may include an associated children’s service.(3) The approved provider can be the nominated supervisor if he or she—(a) is a certified supervisor; or(b) has applied for a supervisor certificate—however the Regulatory Authority must not grant the service approval unless the supervisor certificate has been granted.
45 Regulatory Authority may seek further information
(1) The Regulatory Authority may ask an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.(2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 48 for the Regulatory Authority to make a decision on the application.
46 Investigation of application for service approval
(1) For the purposes of determining an application for a service approval, the Regulatory Authority may—(a) undertake inquiries and investigations, including inquiries relating to the previous licensing, accreditation or registration of the education and care service under a former education and care services law, a children’s services law or an education law of any participating jurisdiction; and(b) inspect the education and care service premises; and(c) inspect the policies and procedures of the service.(2) For the purposes of an inspection under subsection (1)(b) or (c), the Regulatory Authority may enter the education and care service premises at any reasonable time.
47 Determination of application
(1) Subject to subsection (3), in determining an application under section 43, the Regulatory Authority must have regard to—(a) the National Quality Framework; and(b) except in the case of a family day care residence, the suitability of the education and care service premises and the site and location of those premises for the operation of an education and care service; and(c) the adequacy of the policies and procedures of the service; and(d) whether the applicant has a provider approval; and(e) whether the nominated supervisor for the service is a certified supervisor and whether that person has consented in writing to the nomination; and(f) any other matter the Regulatory Authority thinks fit; and(g) any other prescribed matter.(2) In addition, the Regulatory Authority may have regard to—(a) whether the applicant is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant;(b) the applicant’s history of compliance with this Law or this Law as applying in any participating jurisdiction, including in relation to any other education and care service it operates.(3) Subject to subsection (4), in assessing an associated children’s service for the purposes of determining whether to grant a service approval, the Regulatory Authority must have regard to the criteria under the children’s services law of this jurisdiction for the grant of a children’s services licence.(4) The criteria referred to in subsection (3) do not include criteria relating to whether the applicant is a fit and proper person.
48 Grant or refusal of service approval
(1) On an application under section 43, the Regulatory Authority may—(a) grant the service approval; or(b) refuse to grant the service approval.Note. A service approval is granted subject to conditions in accordance with section 51.(2) Subject to subsection (3), the Regulatory Authority must make a decision on the application within 90 days after the Regulatory Authority received the application.Note. If further information is requested under section 45(2), the period between the making of the request and the provision of the information is not included in the 90 day period.(3) The period referred to in subsection (2) may be extended with the agreement of the applicant.(4) The Regulatory Authority may grant a service approval solely for an education and care service if—(a) the application includes an application for an associated children’s service; and(b) that associated children’s service does not comply with the criteria referred to in section 47(2).(5) The Regulatory Authority is taken to have refused to grant a service approval if the Regulatory Authority has not made a decision under subsection (1)—(a) within the relevant time required under subsection (2); or(b) within the period extended under subsection (3)—as the case requires.(6) A service approval cannot be granted solely for an associated children’s service.
(1) The Regulatory Authority must refuse to grant a service approval if—(a) the Regulatory Authority is satisfied that the service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the education and care service; or(b) the applicant does not have a provider approval.(2) The Regulatory Authority may refuse to grant a service approval on any other grounds prescribed in the national regulations.
50 Notice of decision on application
The Regulatory Authority must give written notice to the applicant of a decision under section 48 and the reasons for the decision within 7 days after the decision is made.
51 Conditions on service approval
(4) A service approval is granted subject to a condition that the approved provider must hold the prescribed insurance in respect of the education and care service.(5) A service approval is granted subject to any other conditions prescribed in the national regulations or imposed by—(a) this Law; or(b) the Regulatory Authority.
52 Copy of service approval to be provided
If the Regulatory Authority grants a service approval under this Part, the Regulatory Authority must provide a copy of the service approval to the approved provider stating—(a) the name of the education and care service; and(b) the location of the education and care service or, if the education and care service is a family day care service, the location of the principal office and any approved family day care venue for the service; and(c) any conditions to which the service approval is subject; and(d) the date the service approval was granted; and(e) the service approval number; and(f) the name of the approved provider; and(g) for a service other than a family day care service, the maximum number of children who can be educated and cared for by the service at any one time; and(h) the details of any service waiver under Division 5 or temporary waiver under Division 6 applying to the service; and(i) any other prescribed matters.
An approved provider must, in accordance with the national regulations, pay the prescribed annual fee in respect of each service approval held by the approved provider.