Part 1 Preliminary

Part 1 Preliminary

1 Short title

1 Short title

This Law may be cited as the Children (Education and Care Services) National Law (NSW).

2 Commencement

2 Commencement

This Law commences in a participating jurisdiction as provided under the Act of that jurisdiction that applies this Law as a law of that jurisdiction.

3 Objectives and guiding principles

3 Objectives and guiding principles

(1) The objective of this Law is to establish a national education and care services quality framework for the delivery of education and care services to children.

(2) The objectives of the national education and care services quality framework are—

(a) to ensure the safety, health and wellbeing of children attending education and care services;

(b) to improve the educational and developmental outcomes for children attending education and care services;

(c) to promote continuous improvement in the provision of quality education and care services;

(d) to establish a system of national integration and shared responsibility between participating jurisdictions and the Commonwealth in the administration of the national education and care services quality framework;

(e) to improve public knowledge, and access to information, about the quality of education and care services;

(f) to reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth.

(3) The guiding principles of the national education and care services quality framework are as follows—

(a) that the rights and best interests of the child are paramount;

(b) that children are successful, competent and capable learners;

(c) that the principles of equity, inclusion and diversity underlie this Law;

(d) that Australia’s Aboriginal and Torres Strait Islander cultures are valued;

(e) that the role of parents and families is respected and supported;

(f) that best practice is expected in the provision of education and care services.

3A Paramount consideration [NSW]

3A Paramount consideration [NSW]

(1) The protection of the rights and best interests of each child and the children attending education and care services must be the paramount consideration in giving effect to this Law, including in making decisions or otherwise exercising functions under this Law.

(2) Without limiting subsection (1), the protection of the rights and best interests of each child and the children attending education and care services prevails over—

(a) the financial interests of approved providers; and

(b) other fiduciary duties owed by persons with management or control of education and care services.

Note—

This section is an additional NSW provision.

s 3A: Ins 2025 No 68, Sch 1[6].

4 How functions to be exercised

4 How functions to be exercised

(1) An entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national education and care services quality framework set out in sections 3 and 3A.

(2) If there is a conflict between the interests of an approved provider and the rights and best interests of a child or the children to whom the approved provider provides education and care, the rights and best interests of the child or children must prevail.

(3) Without limiting subsection (2), a person with management or control of an education and care service must place the rights and best interests of a child or the children to whom the education and care service provides education and care above—

(a) the person’s other duties as a person with management or control of the education and care service; or

(b) the other interests of the education and care service.

(4) Subsections (2) and (3) and section 3A are declared to be Corporations legislation displacement provisions for the Corporations Act 2001 of the Commonwealth, section 5G in relation to the provisions of the Corporations legislation generally.

Note—

The Corporations Act 2001 of the Commonwealth, section 5G enables a State to displace the operation of the provisions of the Corporations legislation of the Commonwealth in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for that section.

Note—

Subsections (2)–(4) are additional NSW provisions.

s 4: Am 2025 No 68, Sch 1[6].

5 Definitions

5 Definitions

(1) In this Law—

approval in principle means an approval in principle granted under section 110 for a proposed education and care service premises;

approval in principle criteria means, of the national regulations that regulate the education and care service premises, those which are prescribed to be the approval in principle criteria;

approval in principle holder means—

(a) a person granted an approval in principle under section 110; or

(b) if the approval in principle is transferred to another person under section 118 or 119, that person;

approved education and care service means an education and care service for which a service approval exists;

approved family day care service means an approved education and care service that is a family day care service;

approved family day care venue means a place (other than a residence) approved under section 50A or 54(8A) as a family day care venue for an approved family day care service;

approved learning framework means a learning framework approved by the Ministerial Council;

approved provider means a person who holds a provider approval;

associated children’s service means a children’s service that is operated or intended to be operated by an approved provider at the same place as an approved education and care service;

Australian Accounting Standards means the standards issued or pronounced by the Australian Accounting Standards Board;

authorised officer means a person authorised to be an authorised officer under Part 9;

Authority Fund means the Australian Children’s Education and Care Quality Authority Fund established under section 274;

Board means the Australian Children’s Education and Care Quality Authority Board established under this Law;

chief executive officer means the chief executive officer of the National Authority appointed under this Law;

children’s service means a service providing or intended to provide education and care on a regular basis to children under 13 years of age that is primarily regulated under a children’s services law of a participating jurisdiction and is not an education and care service;

children’s services law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a children’s services law for the purposes of this Law;

children’s services regulator, in relation to a participating jurisdiction, means a person declared by a law of that jurisdiction to be the children’s services regulator for the purposes of this Law;

Commonwealth Minister means the Minister of the Commonwealth who is responsible for policies and programs relating to education and care services;

compliance direction means a compliance direction under section 176;

compliance notice means a compliance notice under section 177;

education and care service means any service providing or intended to provide education and care on a regular basis to children under 13 years of age other than—

(a) a school providing full-time education to children, including children attending in the year before grade 1 but not including a preschool program delivered in a school or a preschool that is registered as a school; or

(b) a preschool program delivered in a school if—

(i) the program is delivered in a class or classes where a full-time education program is also being delivered to school children; and

(ii) the program is being delivered to fewer than 6 children in the school; or

(c) a personal arrangement; or

(d) a service principally conducted to provide instruction in a particular activity; or

Example.

Instruction in a particular activity could be instruction in sport, dance, music, culture or language or religious instruction.

(e) a service providing education and care to patients in a hospital or patients of a medical or therapeutic care service; or

(f) care provided under a child protection law of a participating jurisdiction; or

(g) a prescribed class of disability service; or

(h) a service of a prescribed class;

Example.

Education and care services to which this Law applies include long day care services, family day care services, outside school hours services and preschool programs including those delivered in schools, unless expressly excluded.

education and care service premises means—

(a) in relation to an education and care service other than a family day care service, each place at which an education and care service operates or is to operate; or

(b) in relation to a family day care service—

(i) an office of the family day care service; or

(ii) an approved family day care venue; or

(iii) each part of a residence used to provide education and care to children as part of a family day care service or used to provide access to the part of the residence used to provide that education and care;

education law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an education law for the purposes of this Law;

educator means an individual who provides education and care for children as part of an education and care service;

eligible association means an association of a prescribed class;

emergency action notice means a notice under section 179;

Note—

This definition is an additional NSW provision.

enforceable undertaking means an undertaking under section 179A;

Note—

This definition is an additional NSW provision.

family day care co-ordinator means a person employed or engaged by an approved provider of a family day care service to monitor and support the family day care educators who are part of the service;

family day care educator means an educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue;

family day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators;

family day care residence means a residence at which a family day care educator educates and cares for children as part of a family day care service;

family day care service means an education and care service that—

(a) is delivered through the use of 2 or more educators to provide education and care to children; and

(b) operates from 2 or more residences;

Note.

A family day care service that is an approved family day care service may provide education and care to children from a family day care residence or an approved family day care venue.

family member, in relation to a child, means—

(a) a parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or half-blood and whether that relationship arises by marriage (including a de facto relationship) or by adoption or otherwise; or

(b) a relative of the child according to Aboriginal or Torres Strait Islander tradition; or

(c) a person with whom the child resides in a family-like relationship; or

(d) a person who is recognised in the child’s community as having a familial role in respect of the child;

former education and care services law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a former education and care services law for the purposes of this Law;

grade 1, in relation to a school, means the first year of compulsory full-time schooling;

guardian, in relation to a child, means the legal guardian of the child;

infringements law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an infringements law for the purposes of this Law;

large child care provider—

(a) has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; and

(b) includes a person prescribed by the NSW regulations;

Note—

This definition is an additional NSW provision.

mandatory approval in principle jurisdiction means a Part 4 jurisdiction in which section 49A of this Law applies;

Note

See section 49A.

Ministerial Council means the Ministerial Council which—

(a) is constituted from time to time by Ministers of the Crown of the Commonwealth, State and Territory Governments; and

(b) is responsible for early childhood education and care matters;

National Authority means the Australian Children’s Education and Care Quality Authority established under this Law;

National Early Childhood Worker Register means the register established under section 269B;

national education and care services quality framework means—

(a) this Law; and

(b) the national regulations; and

(c) the National Quality Standard; and

(d) the prescribed rating system;

National Partnership Agreement means the National Partnership Agreement on the National Quality Agenda for Early Childhood and Care entered into by the States and Territories and the Commonwealth on 7 December 2009, as amended from time to time;

National Quality Framework means the national education and care services quality framework;

National Quality Standard means the National Quality Standard prescribed by the national regulations;

national regulations means the regulations made under this Law;

nominated supervisor, in relation to an education and care service, means an individual who—

(a) is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and

(b) unless the individual is the approved provider, has provided written consent to that nomination;

NSW Minister means the Minister administering this Law as applying in New South Wales and includes a reference to another Minister who is acting on behalf of that Minister;

Note—

This definition is an additional NSW provision.

NSW provision means—

(a) a provision that forms part of this Law because of a modification made by the Children (Education and Care Services National Law Application) Act 2010; or

(b) a NSW regulation;

Note—

This definition is an additional NSW provision.

NSW regulation means a regulation made under section 301A;

Note—

This definition is an additional NSW provision.

office, in relation to a family day care service, means—

(a) the principal office of the service; or

(b) the principal office of the approved provider of the service; or

(c) any other business office of the approved provider of the service; or

(d) any premises of the service from which the service’s family day care educators are co-ordinated;

parent, in relation to a child, includes—

(a) a guardian of the child; and

(b) a person who has parental responsibility for the child under a decision or order of a court;

Part 4 building means—

(a) a building that has 3 or more storeys (including the ground level and each level of a split level); or

(b) a building of a prescribed class;

Part 4 building law, in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 building law;

Part 4 jurisdiction means a participating jurisdiction in which Part 4 of this Law applies;

Note

See section 105.

Part 4 planning law, in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 planning law;

participating jurisdiction means a State or Territory in which—

(a) this Law applies as a Law of the State or Territory; or

(b) a law that substantially corresponds to the provisions of this Law has been enacted;

payment, in relation to a prescribed fee, includes payment by electronic or other means;

person means—

(a) an individual; or

(b) a body corporate; or

(c) an eligible association; or

(d) a partnership; or

(e) a prescribed entity;

person in day-to-day charge, in relation to an education and care service, means a person who is placed in day-to-day charge of the service in accordance with the national regulations;

person with management or control means a person referred to in section 5A;

personal arrangement means education and care provided to a child—

(a) by a family member or guardian of a child personally, otherwise than as a staff member of, or under an engagement with, a service providing education and care on a regular basis to children under 13 years of age; or

(b) by a friend of the family of the child personally under an informal arrangement where no offer to provide that education and care was advertised;

preschool program means an early childhood educational program delivered by a qualified early childhood teacher to children in the year that is 2 years before grade 1 of school;

prescribed ineligible person means a person in a class of persons prescribed by the national regulations to be prescribed ineligible persons;

prohibition notice means a prohibition notice given under section 182(1) or 182(3);

protected disclosure—see section 296;

provider approval means a provider approval—

(a) granted under Part 2 of this Law or this Law as applying in another participating jurisdiction; and

(b) as amended under this Law or this Law as applying in another participating jurisdiction—

but does not include a provider approval that has been cancelled;

public sector law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a public sector law for the purposes of this Law;

rating assessment means an assessment or reassessment of an approved education and care service under Part 5;

Ratings Review Panel means a Ratings Review Panel established under section 146;

receiving approved provider has the meaning set out in section 58;

Regulatory Authority means a person declared by a law of a participating jurisdiction to be the Regulatory Authority for that jurisdiction or for a class of education and care services for that jurisdiction;

related provider, of an approved provider, means an entity that is—

(a) a related provider under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, section 4A(3); or

(b) deemed by the Regulatory Authority to be a related provider under section 5B;

Note—

This definition is an additional NSW provision.

relevant Commonwealth Department means the government department administered by the Commonwealth Minister;

relevant tribunal or court, in relation to a participating jurisdiction, means the tribunal or court declared by a law of that jurisdiction to be the relevant tribunal or court for the purposes of this Law or a provision of this Law;

residence means the habitable areas of a dwelling;

school children includes children attending school in the year before grade 1;

school means—

(a) a government school; or

(b) a non-government school that is registered or accredited under an education law of a participating jurisdiction;

serious detrimental action—see section 296;

serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident;

service approval means a service approval—

(a) granted under Part 3 of this Law or this Law as applying in another participating jurisdiction; and

(b) as amended under this Law or this Law as applying in another participating jurisdiction—

but does not include a service approval that has been cancelled;

staff member, in relation to an education and care service, means any individual (other than a nominated supervisor or a volunteer) employed, appointed or engaged to work in or as part of an education and care service, whether as family day care co-ordinator, educator or otherwise;

supervision notice means a notice given under section 178A(4)(c)(i);

Note—

This definition is an additional NSW provision.

suspension notice means a notice given under section 178(4)(c)(i);

Note—

This definition is an additional NSW provision.

transferring approved provider has the meaning set out in section 58;

working with children card means a card issued to a person under a working with children law of a participating jurisdiction that permits that person to work with children;

working with children check means a notice, certificate or other document granted to, or with respect to, a person under a working with children law to the effect that—

(a) the person has been assessed as suitable to work with children; or

(b) there has been no information that if the person worked with children the person would pose a risk to the children; or

(c) the person is not prohibited from attempting to obtain, undertake or remain in child-related employment;

working with children law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with children law for the purposes of this Law;

working with vulnerable people law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with vulnerable people law for the purposes of this Law.

(2) In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to the statutory instruments made or in force under the law or provision.

(3) In this Law a reference to education and care includes a reference to education or care.

(4) In this Law, an education and care service as defined in subsection (1) is an education and care service even if the service also provides education and care to children of or over the age of 13 years.

(5) In this Law, a children’s service as defined in subsection (1) is a children’s service even if the service also provides education and care to children of or over the age of 13 years.

(6) In this Law, a reference to this Law as applying in a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.

s 5: Am 2025 No 56, Sch 2[2]; 2025 No 68, Sch 1[6]; 2026 (54), Sch 1[14].

5AA Meaning of “inappropriate conduct” in relation to child [NSW]

5AA Meaning of “inappropriate conduct” in relation to child [NSW]

(1) In this Law, inappropriate conduct in relation to a child means conduct a reasonable person would consider to be inappropriate in an education and care service.

(2) In deciding whether a reasonable person would consider conduct inappropriate in an education and care service, the following must be considered—

(a) whether the conduct is expected practice in the provision of education and care services;

(b) the child’s age and stage of development;

(c) whether a child is likely to suffer emotional, psychological or physical harm as a result of the conduct;

(d) the purpose of the conduct, including whether the conduct, in the circumstances in which the conduct occurs, could be considered sexual or violent.

(3) In deciding whether conduct is inappropriate conduct in relation to a child, the following is irrelevant—

(a) whether the child consents to the conduct;

(b) whether the person engaging in the conduct believes the child consents to the conduct.

(4) A child may be subjected to conduct that is inappropriate conduct—

(a) in person, both directly and otherwise; or

Example—

conduct witnessed by a child

(b) by communication, including—

(i) verbal communication; and

(ii) electronic communication received in real or close to real time; or

(c) by electronic capture, including photography and recording; or

(d) through a pattern of behaviour.

Note—

This section is an additional NSW provision.

s 5AA: Ins 2025 No 68, Sch 1[6].

5A Meaning of person with management or control

5A Meaning of person with management or control

For the purposes of this Law, each of the following persons is a person with management or control of an education and care service—

(a) if the provider or intended provider of the service is a body corporate—

(i) an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and

(ii) any other person who—

(A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;

(b) if the provider or intended provider of the service is an eligible association—

(i) each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and

(ii) any other person who—

(A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;

(c) if the provider or intended provider of the service is a partnership—

(i) each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and

(ii) any other person who—

(A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;

(d) in any other case, any person who—

(i) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(ii) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.

5B Regulatory Authority may deem providers to be related providers [NSW]

5B Regulatory Authority may deem providers to be related providers [NSW]

The Regulatory Authority may deem a provider to be a related provider of an approved provider if the provider—

(a) shares one or more persons with management or control with the approved provider; or

(b) shares a person who is not a person with management or control in common with the approved provider; or

(c) owns part of the approved provider or receives dividends from the approved provider; or

(d) meets the characteristics prescribed by the regulations.

Note—

This section is an additional NSW provision.

s 5B: Ins 2025 No 68, Sch 1[6].

5C Regulatory Authority’s functions and powers in relation to related providers [NSW]

5C Regulatory Authority’s functions and powers in relation to related providers [NSW]

(1) The Regulatory Authority has the same functions and powers under this Law in relation to a related provider of an approved provider as the Regulatory Authority has in relation to the approved provider.

(2) For subsection (1), a reference in this Law to an approved provider is taken to include a reference to the related providers of the approved provider.

Note—

This section is an additional NSW provision.

s 5C: Ins 2025 No 68, Sch 1[6].

6 Interpretation generally

6 Interpretation generally

(1) Schedule 1 applies in relation to this Law.

(2) The National Partnership Agreement is declared to be a relevant document for the purposes of paragraph (h) of the definition of extrinsic material in clause 8(1) of Schedule 1.

7 Single national entity

7 Single national entity

(1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of other participating jurisdictions, has the effect that an entity established by this Law is one single national entity, with functions conferred by this Law as so applied.

(2) An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.

(3) An entity established by this Law may exercise its functions in relation to—

(a) one participating jurisdiction; or

(b) 2 or more or all participating jurisdictions collectively.

(4) (Repealed)

8 Extraterritorial operation of Law

8 Extraterritorial operation of Law

It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—

(a) things situated in or outside the territorial limits of this jurisdiction;

(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;

(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.

9 Law binds the State

9 Law binds the State

(1) This Law binds the State.

(2) In this section—

State means the Crown in right of this jurisdiction, and includes—

(a) the Government of this jurisdiction; and

(b) a Minister of the Crown in right of this jurisdiction; and

(c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

Part 2 Provider approval

Part 2 Provider approval

Division 1 Application for provider approval

Division 1 Application for provider approval

10 Application for provider approval

10 Application for provider approval

(1) A person, other than the following persons, may apply to the Regulatory Authority for a provider approval—

(a) a prescribed ineligible person;

(b) a person who has, in the previous 12 months, received a notice under section 16 that the Regulatory Authority has refused to grant the person a provider approval, unless the Regulatory Authority has notified the person that the person may apply for a provider approval within 12 months after receiving the notice;

(c) a person who has, in the previous 12 months, received a notice under section 50 that the Regulatory Authority has refused to grant the person a service approval, unless the Regulatory Authority has notified the person that the person may apply for a provider approval within 12 months after receiving the notice.

Note—

This subsection is a substituted NSW provision.

(2) An application may be made by more than one person.

(3) If an application is made by more than one person—

(a) the prescribed information must be provided in respect of each person; and

(b) the requirements of this Division must be complied with by and in respect of each person.

s 10: Am 2025 No 68, Sch 1[6].

11 Form of application

11 Form of application

An application under section 10 must—

(a) be made to the Regulatory Authority of the participating jurisdiction—

(i) in which the applicant, or any of the applicants, is ordinarily resident; or

(ii) if the applicant or applicants are not individuals, in which the principal office of the applicant or any of the applicants is located; and

(b) be in writing; and

(c) include the prescribed information; and

(d) include payment of the prescribed fee.

12 Applicant must be fit and proper person

12 Applicant must be fit and proper person

(1) An applicant who is an individual must satisfy the Regulatory Authority that the applicant is a fit and proper person to be involved in the provision of an education and care service.

(2) If the applicant is not an individual, the applicant must satisfy the Regulatory Authority that—

(a) each person who will be a person with management or control of an education and care service to be operated by the applicant is a fit and proper person to be involved in the provision of an education and care service; and

(b) the applicant is a fit and proper person to be involved in the provision of an education and care service.

(3) The head of a government department administering an education law of a participating jurisdiction is taken to be a fit and proper person for the purposes of this Part.

13 Matters to be taken into account in assessing whether fit and proper person

13 Matters to be taken into account in assessing whether fit and proper person

(1) In determining whether a person is a fit and proper person under this Division, the Regulatory Authority must have regard to—

(a) the person’s history of compliance with—

(i) this Law as applying in any participating jurisdiction; and

(ii) a former education and care services law of a participating jurisdiction; and

(iii) a children’s services law of a participating jurisdiction; and

(iv) an education law of a participating jurisdiction; and

Note.

If a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291(5).

(b) any decision under a former education and care services law, a children’s services law or an education law of a participating jurisdiction to refuse, refuse to renew, suspend or cancel a licence, approval, registration or certification or other authorisation granted to the person under that law; and

(c) either—

(i) any prescribed matters relating to the criminal history of the person to the extent that history may affect the person’s suitability for the role of provider of an education and care service; or

(ii) any check of the person under a working with vulnerable people law of a participating jurisdiction; and

(d) whether the person is bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors or, in the case of a body corporate, is insolvent under administration or an externally-administered body corporate.

(2) Without limiting subsection (1), the Regulatory Authority may have regard to—

(a) whether the person has a medical condition that may cause the person to be incapable of being responsible for providing an education and care service in accordance with this Law; and

(b) whether the financial circumstances of the person may significantly limit the person’s capacity to meet the person’s obligations in providing an education and care service in accordance with this Law; and.

(c) whether the person has the management capability to operate an education and care service in accordance with this Law; and

(d) any of the following actions taken under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth in relation to a child care service approved under that Act, operated by the person or in relation to which the person was a person with management or control—

(i) any sanction imposed under section 200 of that Act;

(ii) any suspension imposed under section 201A of that Act;

(iii) any infringement notice given under section 219TSI of that Act.

(3) Nothing in subsection (1) or (2) limits the circumstances in which a person may be considered not to be a fit and proper person to be involved in the provision of an education and care service.

14 Regulatory Authority may seek further information

14 Regulatory Authority may seek further information

(1) For the purpose of carrying out an assessment as to whether a person is a fit and proper person, the Regulatory Authority may—

(a) ask the person to provide further information, including for the purposes of assessing the person’s knowledge of the National Quality Framework; and

(b) undertake inquiries in relation to the person; and

(c) by written notification, require the person to undergo an oral or written assessment of the person’s knowledge of the National Quality Framework.

(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 15 for the Regulatory Authority to make a decision on the application.

(3) If the Regulatory Authority requires the applicant to undergo an assessment under this section, the period from the giving of the notification until the conduct of the assessment is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.

15 Grant or refusal of provider approval

15 Grant or refusal of provider approval

(1) On an application under section 10, the Regulatory Authority may—

(a) grant the provider approval; or

(b) refuse to grant the provider approval.

Note.

A provider approval is granted subject to conditions in accordance with section 19.

(2) The Regulatory Authority must not grant a provider approval unless the Authority is satisfied as to the matters in section 12.

(3) Subject to subsection (4), the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.

Notes

(4) The period referred to in subsection (3) may be extended by up to 30 days with the agreement of the applicant.

(5) The Regulatory Authority is taken to have refused to grant a provider approval if the Regulatory Authority has not made a decision under subsection (1)—

(a) within the relevant period required under subsection (3); or

(b) within the period extended under subsection (4)—

as the case requires.

16 Notice of decision on application

16 Notice of decision on application

The Regulatory Authority must give written notice to the applicant of a decision under section 15 and the reasons for that decision within 7 days after the decision is made.

17 Duration of provider approval

17 Duration of provider approval

A provider approval granted under section 15 continues in force until it is cancelled or surrendered under this Law, or this Law as applying in a participating jurisdiction.

18 Effect of provider approval

18 Effect of provider approval

A provider approval authorises the approved provider to operate an approved education and care service and an associated children’s service if the approved provider is the holder of the service approval for those services.

19 Conditions on provider approval

19 Conditions on provider approval

(1) A provider approval may be granted subject to any conditions that are prescribed in the national regulations or that are determined by the Regulatory Authority.

(2) Without limiting subsection (1), a provider approval is subject to the condition that the approved provider must comply with this Law.

(3) A condition of a provider approval applies to the provider as the operator of any education and care service or associated children’s service, unless the condition expressly provides otherwise.

(4) An approved provider must comply with the conditions of the provider approval.

Penalty—

(a) for an individual—$34,200; or

(b) for a large child care provider—$516,600; or

(c) otherwise—$172,200.

Note—

This penalty is a substituted NSW provision.

(5) In this section—

related entity includes a related entity within the meaning of the Corporations Act 2001 of the Commonwealth.

Note—

This subsection is an additional NSW provision.

s 19: Am 2025 No 68, Sch 1[6].

20 Copy of provider approval

20 Copy of provider approval

If the Regulatory Authority grants a provider approval under this Part, the Regulatory Authority must provide a copy of the provider approval to the approved provider stating—

(a) the name of the approved provider; and

(b) if the approved provider is not an individual, the address of the principal office of the provider; and

(c) any conditions to which the approval is subject; and

(d) the date that the provider approval was granted; and

(e) the provider approval number; and

(f) any other prescribed matters.

Division 2 Reassessment

Division 2 Reassessment

21 Reassessment of fitness and propriety

21 Reassessment of fitness and propriety

(1) The Regulatory Authority may at any time assess—

(a) whether an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or

(b) whether a person with management or control of an education and care service operated by an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or

(c) whether a person who becomes a person with management or control of an education and care service operated by the approved provider after the grant of the provider approval is a fit and proper person to be involved in the provision of an education and care service.

(2) Sections 13 and 14 apply to the reassessment.

Division 3 Amendment of provider approvals

Division 3 Amendment of provider approvals

22 Amendment of provider approval on application

22 Amendment of provider approval on application

(1) An approved provider may apply to the Regulatory Authority for an amendment of the provider approval.

(2) The application must—

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

(3) The Regulatory Authority must decide the application by—

(a) amending the provider approval in the way applied for; or

(b) with the applicant’s written agreement, amending the provider approval in another way; or

(c) refusing to amend the provider approval.

(4) The Regulatory Authority must make a decision on the application within 30 days after the Regulatory Authority receives the application.

(5) Without limiting subsection (3), an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.

23 Amendment of provider approval by Regulatory Authority

23 Amendment of provider approval by Regulatory Authority

(1) The Regulatory Authority may amend a provider approval at any time without an application from the approved provider.

(2) Without limiting subsection (1), an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.

(3) The Regulatory Authority must give written notice to the approved provider of the amendment.

(4) An amendment under this section has effect—

(a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or

(b) if another period is specified by the Regulatory Authority, at the end of that period.

24 Copy of amended provider approval to be provided

24 Copy of amended provider approval to be provided

If the Regulatory Authority amends a provider approval under this Division, the Regulatory Authority must—

(a) provide an amended copy of the provider approval to the approved provider; and

(b) make any necessary amendments to any service approval held by the provider and provide an amended copy of the service approval to the approved provider.

Division 4 Suspension or cancellation of provider approval

Division 4 Suspension or cancellation of provider approval

25 Grounds for suspension of provider approval

25 Grounds for suspension of provider approval

The Regulatory Authority may suspend a provider approval if—

(a) the approved provider has been charged with an indictable offence, or with an offence that if committed in this jurisdiction would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of an education and care service; or

(b) the approved provider has failed to comply with a condition of the provider approval; or

(c) the approved provider has failed to comply with this Law as applying in any participating jurisdiction; or

(d) action is being taken under Part 7 (other than a compliance direction) in respect of more than one education and care service operated by the approved provider; or

(e) the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or

(f) the approved provider purported to transfer or receive a transfer of an approved education and care service without the consent of the Regulatory Authority; or

(g) the approved provider has not paid any outstanding prescribed fees; or

(h) under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or

Note

It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(i) the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.

Note

The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

26 Show cause notice before suspension

26 Show cause notice before suspension

(1) This section applies if the Regulatory Authority is considering the suspension of a provider approval under section 25.

(2) The Regulatory Authority must first give the approved provider a notice (show cause notice) stating—

(a) that the Regulatory Authority intends to suspend the provider approval; and

(b) the proposed period of suspension; and

(c) the reasons for the proposed suspension; and

(d) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.

27 Decision to suspend after show cause process

27 Decision to suspend after show cause process

After considering any written response from the approved provider received within the time allowed by section 26(2)(d), the Regulatory Authority may—

(a) if the suspension was proposed on a ground referred to in section 25(a), accept an undertaking from the approved provider under section 179A; or

(b) in any case—

(i) suspend the provider approval for a period not more than the prescribed period; or

(ii) decide not to suspend the provider approval.

28 Suspension without show cause notice

28 Suspension without show cause notice

(1) The Regulatory Authority may suspend the provider approval on a ground referred to in section 25 without giving the approved provider a show cause notice under section 26 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the provider.

(2) The suspension may not be for a period of more than 6 months.

29 Notice and taking effect of suspension

29 Notice and taking effect of suspension

(1) The Regulatory Authority must give the approved provider written notice of the decision to suspend the provider approval.

(2) The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect.

(3) The decision under section 27 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.

(4) The decision under section 28 to suspend takes effect on the giving of the notice.

30 Effect of suspension

30 Effect of suspension

(1) Subject to this section, if a provider approval is suspended under section 27 or 28 of this Law as applying in any participating jurisdiction, all service approvals held by the provider are also suspended for the same period.

(2) A suspension under subsection (1) applies to both education and care services and any associated children’s services.

(3) A person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension.

(4) A service approval is not suspended under subsection (1) during any period that a person is approved under section 41 to manage or control the education and care service.

(5) The Regulatory Authority may consent under Part 3 to the transfer of a service approval that is suspended under section 27 or 28.

(6) The suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date.

31 Grounds for cancellation of provider approval

31 Grounds for cancellation of provider approval

(1) The Regulatory Authority may cancel a provider approval if—

(a) the Regulatory Authority is satisfied that the approved provider or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service; or

(b) the Regulatory Authority is satisfied that the continued provision of education and care services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by an education and care service operated by the approved provider; or

(c) the approved provider has been found guilty of an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or

(d) the approved provider has been found guilty of an offence under this Law as applying in any participating jurisdiction; or

(e) the approved provider has breached a condition of the provider approval; or

(f) the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or

(g) under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or

Note

It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(h) the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.

Note

The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(2) The Regulatory Authority may also cancel a provider approval if the provider has ceased to operate or exist because the provider—

(a) has been deregistered under the Corporations Act 2001 of the Commonwealth; or

(b) is under administration or in liquidation; or

(c) is an association whose registration has been cancelled under the Associations Incorporations Act 2009; or

(d) has otherwise ceased to operate or exist.

Note—

This subsection is an additional NSW provision.

s 31: Am 2025 No 68, Sch 1[6].

32 Show cause notice before cancellation

32 Show cause notice before cancellation

(1) This section applies if the Regulatory Authority is considering the cancellation of a provider approval under section 31.

(2) The Regulatory Authority must first give the approved provider a notice (show cause notice) stating—

(a) that the Regulatory Authority intends to cancel the provider approval; and

(b) the reasons for the proposed cancellation; and

(c) that the approved provider may give the Regulatory Authority a written response to the proposed cancellation—

(i) for a proposed cancellation under section 31(1)—within 30 days after the notice is given; and

(ii) for a proposed cancellation under section 31(2)—within 14 days after the notice is given.

Note—

This paragraph is a substituted NSW provision.

s 32: Am 2025 No 68, Sch 1[6].

33 Decision in relation to cancellation

33 Decision in relation to cancellation

(1) After considering any written response from the approved provider received within the time allowed under section 32(2)(c), the Regulatory Authority—

(a) may—

(i) cancel the provider approval; or

(ii) suspend the provider approval for a period not more than the prescribed period; or

(iii) decide not to cancel the provider approval; and

(b) must give the approved provider written notice of the decision.

(2) The decision to cancel the provider approval takes effect at the end of 14 days after the date of the decision or, if another period is specified by the Regulatory Authority, at the end of that period.

(3) The notice of a decision to cancel the provider approval must set out the date on which it takes effect.

(4) This Law applies to a suspension of a provider approval under this section as if it were a suspension under section 27.

34 Effect of cancellation

34 Effect of cancellation

(1) Subject to this section, if a provider approval is cancelled under section 33 of this Law as applying in any participating jurisdiction, all service approvals held by the person who was the approved provider are also cancelled.

(2) A cancellation under subsection (1) applies to both education and care services and any associated children’s services.

(3) A service approval is not cancelled under subsection (1) if before that cancellation a person is approved under section 41 to manage or control the education and care service.

(4) A service approval is cancelled if a person referred to in subsection (3) ceases to manage or control the service.

(5) A provider whose provider approval is to be cancelled under section 33 may apply to the Regulatory Authority under Part 3 for consent to transfer a service approval held by the provider.

(6) The application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made.

(7) If an application for consent to transfer is made, the service approval is suspended until the Regulatory Authority determines the application.

(8) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer specify a later date.

(9) If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent.

35 Approved provider to provide information to Regulatory Authority

35 Approved provider to provide information to Regulatory Authority

(1) This section applies if a show cause notice has been given to an approved provider under section 26 or 32.

(2) The approved provider, at the request of the Regulatory Authority, must, within 7 days of the request, provide the Regulatory Authority with the contact details of the parents of all children enrolled at each education and care service operated by the approved provider.

(3) The Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an education and care service about the suspension or cancellation.

36 Notice to parents of suspension or cancellation

36 Notice to parents of suspension or cancellation

(1) This section applies if a provider approval has been suspended or cancelled under section 27, 28, 33 or 34.

(2) The Regulatory Authority may require the person who is or was the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at all or any of the education and care services operated by that person.

(3) A person must comply with a requirement made of that person under subsection (2).

Penalty—

(a) for an individual—$10,200; or

(b) for a large child care provider—$154,800; or

(c) otherwise—$51,600.

Note—

This penalty is a substituted NSW provision.

s 36: Am 2025 No 68, Sch 1[6].

37 Voluntary suspension of provider approval

37 Voluntary suspension of provider approval

(1) An approved provider may apply to the Regulatory Authority for a suspension of the provider approval for a period of not more than 12 months.

(2) The application must—

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

(3) The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the education and care services operated by the approved provider of the intention to make the application.

(4) The Regulatory Authority must within 30 days after the application is made decide whether or not to grant the application.

(5) The Regulatory Authority must give written notice of its decision (including the period of suspension) to the approved provider.

(6) If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider.

(7) A suspension under this section remains in force for the period of time specified in the notice.

(8) The approved provider may apply to the Regulatory Authority to revoke the suspension before the end of the suspension period.

(9) If the Regulatory Authority grants the application to revoke the suspension, the suspension ceases on the date determined by agreement with the approved provider.

(10) If a provider approval is suspended under this section, each service approval held by the provider is also suspended for the same period unless—

(a) a person is approved under section 41 to manage or control the education and care service to which the approval relates; or

(b) the service approval is transferred under Division 3 of Part 3.

38 Surrender of provider approval by approved provider

38 Surrender of provider approval by approved provider

(1) An approved provider may surrender the provider approval by written notice to the Regulatory Authority.

(2) The notice must specify a date on which the surrender is intended to take effect which must be—

(a) after the notice is given; and

(b) after the end of the period of notice required under subsection (3).

(3) The approved provider must notify the parents of children enrolled at the education and care services operated by the approved provider of the intention to surrender the provider approval, at least 14 days before the surrender is intended to take effect.

(4) If a provider approval is surrendered, the approval is cancelled on the date specified in the notice.

(5) If a provider approval is surrendered, any service approval held by the provider is also taken to be surrendered.

Note.

If a service approval is surrendered, it is cancelled—see section 86. A cancelled service approval cannot be transferred—see definition of service approval and also Division 3 of Part 3.

Division 5 Approval of executor, representative or guardian as approved provider

Division 5 Approval of executor, representative or guardian as approved provider

39 Death of approved provider

39 Death of approved provider

(1) This section applies if an approved provider dies.

(2) A nominated supervisor or a person in day to-day charge of an education and care service of the approved provider must notify the Regulatory Authority of the approved provider’s death within 7 days after that death.

(3) The executor of the estate of the approved provider may continue to operate any approved education and care service of the approved provider for the relevant period provided that at least one nominated supervisor continues to manage the day-to-day operation of the service.

(4) The executor of the estate of the approved provider may transfer, surrender or apply for suspension of a service approval of the approved provider under this Law during the relevant period as if the executor were the approved provider.

(5) The executor of the estate of the approved provider may apply to the Regulatory Authority for a provider approval.

(6) The application must be made within 30 days of the death of the approved provider and must—

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

(7) In this section relevant period means—

(a) the period of 30 days after the death of the approved provider; or

(b) if the executor of the estate of the approved provider makes an application under subsection (5) within that period, until the application is finally determined under this Law.

40 Incapacity of approved provider

40 Incapacity of approved provider

(1) This section applies if an approved provider has become incapacitated.

(2) The legal personal representative or guardian of an approved provider may apply to the Regulatory Authority for a provider approval.

(3) The application must—

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

41 Decision on application

41 Decision on application

(1) The Regulatory Authority must not grant a provider approval to a person who has made an application under section 39 or 40 unless the Regulatory Authority is satisfied that the person is a fit and proper person to be involved in the provision of an education and care service.

(2) Sections 12, 13 and 14 apply to the assessment of a person under subsection (1).

(3) Subject to this section, the Regulatory Authority may—

(a) grant the provider approval; or

(b) grant the provider approval subject to conditions; or

(c) refuse to grant the provider approval.

(4) An approval under this section—

(a) may be granted for a period of not more than 6 months; and

(b) may be extended or further extended for periods of not more than 6 months—

at the discretion of the Regulatory Authority.

(5) The provider approval is granted only in relation to the operation of the approved education and care services of the approved provider for whom the applicant is the executor, legal personal representative or guardian, as the case requires.

Division 6 Exercise of powers by another Regulatory Authority

Division 6 Exercise of powers by another Regulatory Authority

42 Exercise of powers by another Regulatory Authority

42 Exercise of powers by another Regulatory Authority

(1) This section applies if the Regulatory Authority has granted a provider approval under this Part.

(2) A Regulatory Authority of another participating jurisdiction may exercise all of the powers and perform all of the functions of the Regulatory Authority under this Part (except Division 5) in respect of the provider approval if the approved provider operates an approved education and care service in that participating jurisdiction.

(3) A Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a provider approval after consulting with the Regulatory Authority of each participating jurisdiction in which the approved provider operates an approved education and care service.

(4) A failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.

(5) A cancellation or suspension of a provider approval in another participating jurisdiction has effect in this jurisdiction.

Part 3 Service approval

Part 3 Service approval

43 Application for service approval

43 Application for service approval

(1) A person, other than the following persons, may apply to the Regulatory Authority for a service approval—

(a) a person who has, in the previous 12 months, received a notice under section 16 that the Regulatory Authority has refused to grant the person a provider approval, unless the Regulatory Authority has notified the person that the person may apply for a service approval within 12 months after receiving the notice;

(b) a person who has, in the previous 12 months, received a notice under section 50 that the Regulatory Authority has refused to grant the person a service approval, unless the Regulatory Authority has notified the person that the person may apply for a service approval within 12 months after receiving the notice.

Note—

This subsection is a substituted NSW provision.

(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 supervisors 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.

Note

Mandatory approval in principle jurisdictions require an approved provider to hold an approval in principle under Part 4 for the education and care service premises as a precondition of service approval. See section 49A.

s 43: Am 2025 No 68, Sch 1[6].

44 Form of application

44 Form of application

(1) An application for a service approval must—

(a) be made to the Regulatory Authority of the participating jurisdiction in which the service is to be located; and

(b) be in writing; and

(c) include the prescribed information; and

(d) nominate one or more individuals to be nominated supervisors of the service; and

(da) include from each nominated individual (other than the approved provider) the 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) An application for a service approval for a family day care service may include a request for approval of a place (other than a residence) as a family day care venue for that service.

Note.

This approval is granted under section 50A only if exceptional circumstances exist.

45 Regulatory Authority may seek further information

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

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

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

(ba) any approval in principle held by the approved provider for the education and care service premises, and whether the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle; and

Note

The approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105.

(c) the adequacy of the policies and procedures of the service; and

(d) whether the applicant has a provider approval; and

(e) except in the case of a nominated supervisor who is the approved provider, whether each nominated supervisor 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 either of the following—

(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

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(3).

(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.

49 Grounds for refusal

49 Grounds for refusal

(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.

(3) The Regulatory Authority must not refuse to grant a service approval on the ground that the education and care service premises do not meet the approval in principle criteria if—

(a) the approved provider is an approval in principle holder for the premises; and

(b) the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.

Note

The approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105.

(4) Subsection (3) does not prevent the Regulatory Authority from refusing to grant a service approval on any other ground, including a ground set out in subsection (1)(a) or section 47(1)(b).

49A Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle

49A Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle

(1) This section applies to, and in relation to, a Part 4 jurisdiction if a law of the Part 4 jurisdiction, or an instrument made under that law, specifically declares that section 49A of this Law applies.

(2) Without limiting section 49(1), the Regulatory Authority must refuse to grant a service approval if—

(a) the education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and

(b) under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is or was required for the construction, alteration or repair of the premises or the development of the land; and

(c) either—

(i) the approved provider is not the approval in principle holder for the premises; or

(ii) the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.

(3) Despite subsection (2), the Regulatory Authority may grant a service approval for an education and care service—

(a) if satisfied that—

(i) the service approval is required for the emergency relocation of an education and care service; and

(ii) the education and care service premises is the most suitable available premises for the education and care service; or

(b) in any other prescribed circumstances.

(4) Subsection (2) does not apply if—

(a) a service approval was previously granted for an education and care service at the premises; and

(b) since the cancellation or surrender of that service approval, there has been no further construction, alteration or repair of the premises requiring a permit or approval under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction.

50 Notice of decision on application

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.

50A Approval of a place as a family day care venue

50A Approval of a place as a family day care venue

The Regulatory Authority may, at the time of granting the service approval for a family day care service, approve a place (other than a residence) as a family day care venue for that service if the Regulatory Authority considers exceptional circumstances exist.

51 Conditions on service approval

51 Conditions on service approval

(1) A service approval is granted subject to the condition that the education and care service is operated in a way that—

(a) ensures the safety, health and wellbeing of the children being educated and cared for by the service; and

(b) meets the educational and developmental needs of the children being educated and cared for by the service.

(2) A service approval for a family day care service is granted subject to a condition that the approved provider must ensure that each family day care educator engaged by or registered with the service is adequately monitored and supported by a family day care co-ordinator.

(2A) A service approval for a family day care service is granted subject to a condition that each family day care residence, and any approved family day care venue of the service, are to be located within this jurisdiction.

(3) A service approval is granted subject to a condition that the service must commence ongoing operation of the service within 6 months after the approval is granted unless the Regulatory Authority agrees to an extension of time.

(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.

(4A) A service approval for an education and care service other than a family day care service is granted subject to a condition that the approved provider must ensure that the number of children educated and cared for by the service at any one time does not exceed the maximum number of children specified in the service approval.

(4B) An approved provider is not required to comply with subsection (4A) if—

(a) the maximum number of children is exceeded because a child is, or 2 or more children from the same family are, being educated and cared for by the education and care service in an emergency; and

(b) the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of any other child who is attending the education and care service.

Example

An emergency under this subsection would include circumstances where a child is in need of protection under a child protection order or where the parent of a child needs urgent health care that prevents that parent caring for the child.

(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.

(6) A condition of a service approval does not apply to an associated children’s service unless the condition is expressed to apply to that associated children’s service.

(7) A condition of a service approval may be expressed to apply solely to an associated children’s service only if the Regulatory Authority has first consulted with the children’s services regulator.

(8) An approved provider must comply with the conditions of a service approval held by the approved provider.

Penalty—

(a) for an individual—$34,200; or

(b) for a large child care provider—$516,600; or

(c) otherwise—$172,200.

Note—

This penalty is a substituted NSW provision.

s 51: Am 2025 No 68, Sch 1[6].

52 Copy of service approval to be provided

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 of the service 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.

53 Annual fee

53 Annual fee

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.

54 Amendment of service approval on application

54 Amendment of service approval on application

(1) An approved provider may apply to the Regulatory Authority for an amendment of a service approval.

(1A) An application under subsection (1) may include a request for the approval of a place (other than a residence) as a family day care venue for a family day care service.

(2) An application must—

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

(3) The Regulatory Authority may ask the approved provider to provide any further information that is reasonably required for the purpose of assessing the application.

(4) 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 subsection (5).

(5) The Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.

(6) The Regulatory Authority must decide the application by—

(a) amending the service approval in the way applied for; or

(b) with the applicant’s written agreement, amending the service approval in another way; or

(c) refusing to amend the service approval.

(7) Without limiting subsection (6), an amendment may vary a condition of the service approval or impose a new condition on the service approval.

(8) Subject to subsection (8A), an amendment cannot change a location of an education and care service.

(8A) The Regulatory Authority may approve a place (other than a residence) as a family day care venue for a family day care service if the Regulatory Authority considers exceptional circumstances exist.

(9) The Regulatory Authority must give written notice of its decision to the approved provider.

55 Amendment of service approval by Regulatory Authority

55 Amendment of service approval by Regulatory Authority

(1) The Regulatory Authority may amend a service approval at any time without an application from the approved provider.

(2) Without limiting subsection (1), an amendment may vary a condition of the service approval or impose a new condition on the service approval.

(3) The Regulatory Authority must give written notice of the amendment to the approved provider.

(4) An amendment under this section has effect—

(a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or

(b) if another period is specified by the Regulatory Authority, at the end of that period.

(5) The Regulatory Authority must amend a service approval to the extent that it relates to an associated children’s service in accordance with any direction by the children’s services regulator if that direction is given in accordance with the children’s services law of this jurisdiction.

55A Condition relating to family day care co ordinators

55A Condition relating to family day care co ordinators

(1) Without limiting section 55, an amendment under that section may impose a condition on the service approval for a family day care service requiring the approved provider to ensure that there is a minimum of one qualified person employed or engaged as a family day care co-ordinator for every 15 family day care educators (or part of that number) engaged by or registered with that service.

Example

If between 1 and 15 family day care educators are engaged by or registered with the family day care service, at least one qualified person must be employed or engaged by the approved provider as a family day care co-ordinator. If between 16 and 30 family day care educators are engaged by or registered with the family day care service, at least 2 qualified persons must be employed or engaged by the approved provider as a family day care co-ordinator.

If between 16 and 30 family day care educators are engaged by or registered with the family day care service, at least 2 qualified persons must be employed or engaged by the approved provider as a family day care co-ordinator.

(2) A condition may only be imposed under subsection (1) if—

(a) the family day care service has been operating for more than 12 months; and

(b) the Regulatory Authority—

(i) has taken into account the approved provider’s capability and compliance with this Law in respect of the family day care service; and

(ii) considers that family day care educators are not adequately monitored and supported by a family day care co-ordinator.

(3) Section 163 does not apply if a condition is imposed under subsection (1) in respect of a family day care service.

(4) A person is a qualified person under this section if the person has the qualifications prescribed by the national regulations.

56 Notice of addition of nominated supervisor

56 Notice of addition of nominated supervisor

(1) The approved provider of an education and care service must give written notice to the Regulatory Authority in accordance with this section if the approved provider wishes to add a new nominated supervisor of the education and care service.

(2) The notice must—

(a) nominate one or more individuals to be nominated supervisors of the service and, unless the individual nominated is the approved provider, include from each nominated individual the written consent to the nomination; and

(b) include the prescribed information; and

(c) be given—

(i) at least 7 days before the individual is to commence work as a nominated supervisor; or

(ii) if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the individual commences work as a nominated supervisor.

Note.

Section 173(2)(b) requires an approved provider to notify the Regulatory Authority of the removal of a nominated supervisor.

56A Notice of change of a nominated supervisor’s name or contact details

56A Notice of change of a nominated supervisor’s name or contact details

The approved provider of an education and care service must give written notice to the Regulatory Authority of any change to the name or contact details of any nominated supervisor of the education and care service.

57 Copy of amended service approval to be provided

57 Copy of amended service approval to be provided

If the Regulatory Authority amends a service approval under this Division, the Authority must provide an amended copy of the service approval to the approved provider.

58 Service approval may be transferred

58 Service approval may be transferred

(1) Subject to this Division, an approved provider who holds a service approval (transferring approved provider) may transfer the service approval to another approved provider (receiving approved provider).

(2) If a service approval is transferred to a receiving approved provider the transfer includes the transfer of the service approval for any associated children’s service.

(3) A person who holds a provider approval may transfer a service approval held by the provider even if the provider approval or service approval is suspended.

59 Regulatory Authority to be notified of transfer

59 Regulatory Authority to be notified of transfer

(1) The transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority of the transfer—

(a) at least 60 days before the transfer is intended to take effect; or

(b) if the Regulatory Authority considers that the circumstances are exceptional, a lesser period agreed to by the Regulatory Authority.

(2) The notice must—

(a) be in writing; and

(ab) specify the date on which the transfer is intended to take effect; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

59A Further notification required in case of delay to transfer date

59A Further notification required in case of delay to transfer date

(1) If, after giving a notification under section 59, the transfer is to be delayed, the transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority as soon as practicable of the new date that the transfer is intended to take effect.

(2) A notification under subsection (1) does not affect consent to the transfer given or taken to have been given by the Regulatory Authority before it received that notification.

60 Consent of Regulatory Authority required for transfer

60 Consent of Regulatory Authority required for transfer

A service approval cannot be transferred without the consent of the Regulatory Authority.

61 Consent taken to be given unless Regulatory Authority intervenes

61 Consent taken to be given unless Regulatory Authority intervenes

The Regulatory Authority is taken to have consented to the transfer of a service approval if—

(a) the parties have given a notification under section 59; and

(b) 28 days before the transfer is intended to take effect, the Regulatory Authority has not notified the parties that it intends to intervene under section 62.

62 Transfer may be subject to intervention by Regulatory Authority

62 Transfer may be subject to intervention by Regulatory Authority

(1) The Regulatory Authority may intervene in a transfer of a service approval if the Regulatory Authority is concerned as to any of the following matters—

(a) whether the receiving approved provider 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 receiving approved provider’s history of compliance with this Law as applying in a participating jurisdiction, including in relation to any other education and care service it operates;

(c) any other matter relevant to the transfer of the service approval.

(2) The Regulatory Authority must notify the transferring approved provider and the receiving approved provider of the decision to intervene.

(3) Subject to subsection (5), the notice must be given at least 28 days before the date on which the transfer is intended to take effect.

(4) A notification under subsection (2) must—

(a) be in writing; and

(b) include the prescribed information.

(5) The period within which notice must be given under subsection (3) does not apply where the Regulatory Authority has not been notified of the intended transfer of a service approval in accordance with section 59.

63 Effect of intervention

63 Effect of intervention

If the Regulatory Authority intervenes under section 62, the transfer must not proceed unless and until the Regulatory Authority gives written consent to the transfer.

64 Regulatory Authority may request further information

64 Regulatory Authority may request further information

If the Regulatory Authority has intervened under section 62, the Regulatory Authority may—

(a) request further information from the transferring approved provider or receiving approved provider for the purposes of deciding whether to consent to the transfer; and

(b) undertake inquiries in relation to the receiving approved provider for that purpose.

65 Decision after intervention

65 Decision after intervention

(1) If the Regulatory Authority has intervened under section 62, it may decide—

(a) to consent to the proposed transfer; or

(b) to refuse to consent to the proposed transfer.

(2) If the Regulatory Authority consents to the proposed transfer the Regulatory Authority may impose conditions on the consent, including specifying the date on which the proposed transfer is to take effect.

(3) The service approval must be transferred in accordance with the conditions imposed on the consent.

66 Regulatory Authority to notify outcome 10 days before transfer

66 Regulatory Authority to notify outcome 10 days before transfer

(1) If the Regulatory Authority has intervened in the transfer of a service approval, the Authority must, at least 10 days before the date on which the transfer is intended to take effect, give a notice to each party specifying that the Authority—

(a) consents to the transfer; or

(b) refuses to consent to the transfer; or

(c) has suspended further consideration of the transfer until further information is received and that the transfer may not proceed until a further notice is given under this section consenting to the transfer; or

(d) has not yet made a decision on the transfer and that the Regulatory Authority will make a decision on the transfer within 28 days and that the transfer may not proceed until a further notice is given under this section consenting to the transfer.

(2) If the Regulatory Authority consents to the transfer, the notice—

(a) must specify—

(i) the date on which the transfer is to take effect; and

(ii) any conditions on the consent to the transfer; and

(b) may include notice of any condition that the Regulatory Authority has imposed on the provider approval or a service approval of the receiving approved provider because of the transfer.

(3) If the Regulatory Authority refuses to consent to the transfer, the notice must include the reasons for the refusal.

67 Transfer of service approval without consent is void

67 Transfer of service approval without consent is void

A transfer of a service approval is void if—

(a) it is made without the consent of the Regulatory Authority; or

(b) it is made in contravention of the conditions imposed by the Regulatory Authority on the consent to the transfer; or

(c) it is made to a person who is not the approved provider who gave the notification under section 59 as the receiving approved provider.

67A Request for earlier transfer date after consent given to transfer

67A Request for earlier transfer date after consent given to transfer

(1) This section applies ifthe Regulatory Authority has consented to or is taken to have consented to the transfer of a service approval.

(2) The transferring approved provider and the receiving approved provider may request the transfer take effect on an earlier date than specified in the notification under section 59 or 59A.

(3) The Regulatory Authority may agree to the requested earlier date if the Regulatory Authority considers that exceptional circumstances exist.

68 Confirmation of transfer

68 Confirmation of transfer

(1) The transferring approved provider and the receiving approved provider must give written notice to the Regulatory Authority within 2 days after the transfer takes effect specifying the date of the transfer.

Penalty—

(a) for an individual—$13,500; or

(b) for a large child care provider—$206,100; or

(c) otherwise—$68,700.

Note—

This penalty is a substituted NSW provision.

(2) On receipt of a notice under this section, the Regulatory Authority must amend the service approval and provide an amended copy of the service approval to the receiving approved provider.

(3) The amendment to the service approval is taken to take effect on the date of the transfer.

(4) An approved provider who gives notice under this section is not guilty of an offence for a failure of any other person to give that notice.

s 68: Am 2025 No 68, Sch 1[6].

69 Notice to parents

69 Notice to parents

(1) The receiving approved provider must give written notice to the parents of children enrolled at an education and care service of the transfer of the service approval for that service to that provider.

Penalty—

(a) for an individual—$10,200; or

(b) for a large child care provider—$154,800; or

(c) otherwise—$51,600.

Note—

This penalty is a substituted NSW provision.

(2) The notice must be given at least 7 days before the date on which the transfer of the service approval takes effect.

s 69: Am 2025 No 68, Sch 1[6].

70 Grounds for suspension of service approval

70 Grounds for suspension of service approval

A Regulatory Authority may suspend a service approval if—

(a) the Regulatory Authority reasonably believes that it would not be in the best interests of children being educated and cared for by the service for the service to continue; or

(b) a condition of the service approval has not been complied with; or

(c) the service is not being managed in accordance with this Law; or

(d) the service has operated at a rating level as not meeting the National Quality Standard and—

(i) a service waiver or temporary waiver does not apply to the service in respect of that non-compliance; and

(ii) there has been no improvement in the rating level; or

(e) the approved provider has contravened this Law as applying in any participating jurisdiction; or

(f) the approved provider has failed to comply with a direction, compliance notice or emergency order under this Law as applying in any participating jurisdiction in relation to the service; or

(g) the approved provider has—

(i) ceased to operate the education and care service at the education and care service premises for which the service approval was granted; and

(ii) within 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or

(h) the approved provider has not, within 6 months after being granted a service approval, commenced ongoing operation of the service; or

(i) the approved provider has not paid the prescribed annual fee for the service approval.

71 Show cause notice before suspension

71 Show cause notice before suspension

(1) This section applies if the Regulatory Authority is considering the suspension of a service approval under section 70.

(2) The Regulatory Authority must first give the approved provider a notice (show cause notice) stating—

(a) that the Regulatory Authority intends to suspend the service approval; and

(b) the proposed period of suspension; and

(c) the reasons for the proposed suspension; and

(d) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.

72 Decision in relation to suspension

72 Decision in relation to suspension

After considering any written response from the approved provider received within the time allowed by section 71(2)(d), the Regulatory Authority may—

(a) if the suspension was proposed on the ground referred to in section 70(a), (c) or (d), accept an undertaking from the approved provider under section 179A; or

(b) in any case—

(i) suspend the service approval for a period not more than the prescribed period; or

(ii) decide not to suspend the service approval.

73 Suspension of service approval without show cause

73 Suspension of service approval without show cause

The Regulatory Authority may suspend the service approval without giving the approved provider a show cause notice under section 71 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by the education and care service.

74 Notice and effect of decision

74 Notice and effect of decision

(1) The Regulatory Authority must give the approved provider written notice of the decision to suspend.

(2) Subject to section 76, the decision under section 72 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.

(3) Subject to section 76, the decision under section 73 to suspend takes effect on the giving of the notice.

(4) The notice of a decision to suspend must set out—

(a) the period of suspension; and

(b) the date on which it takes effect.

(5) A suspension of a service approval also suspends the service approval to the extent that it relates to an associated children’s service.

75 Suspension of service approval to the extent that it relates to associated children’s service

75 Suspension of service approval to the extent that it relates to associated children’s service

(1) If the Regulatory Authority considers that a service approval should be suspended to the extent only that it applies to an associated children’s service, the Regulatory Authority must refer the matter to the children’s services regulator of this jurisdiction for determination under the children’s services law.

(2) The children’s services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children’s service under the children’s services law.

(3) If a final determination is made under the children’s services law of this jurisdiction that a service approval should be suspended to the extent that it relates to an associated children’s service—

(a) the children’s services regulator must advise the Regulatory Authority of that determination; and

(b) the service approval is suspended to the extent that it relates to the associated children’s service in accordance with that determination.

76 Transfer of suspended service

76 Transfer of suspended service

(1) The Regulatory Authority may consent under this Part to the transfer of a service approval that is suspended under section 72 or 73.

(2) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the Regulatory Authority’s consent to the transfer otherwise provide.

77 Grounds for cancellation of service approval

77 Grounds for cancellation of service approval

A Regulatory Authority may cancel a service approval if—

(a) the Regulatory Authority reasonably believes that the continued operation of the education and care service would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by the education and care service; or

(b) the service has been suspended under section 72 or 73 and the reason for the suspension has not been rectified at or before the end of the period of suspension; or

(c) the service approval was obtained improperly; or

(d) a condition of the service approval has not been complied with.

78 Show cause notice before cancellation

78 Show cause notice before cancellation

(1) This section applies if the Regulatory Authority is considering the cancellation of a service approval under section 77.

(2) The Regulatory Authority must first give the approved provider a notice (show cause notice) stating—

(a) that the Regulatory Authority intends to cancel the service approval; and

(b) the reasons for the proposed cancellation; and

(c) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.

79 Decision in relation to cancellation

79 Decision in relation to cancellation

(1) After considering any written response from the approved provider received within the time allowed by section 78(2)(c), the Regulatory Authority—

(a) may—

(i) cancel the service approval; or

(ii) suspend the service approval for a period not more than the prescribed period; or

(iii) decide not to cancel the service approval; and

(b) must give the approved provider written notice of the decision.

(2) Subject to section 81, the decision to cancel the service approval takes effect—

(a) at the end of 14 days after the date of the decision; or

(b) if another period is specified by the Regulatory Authority, at the end of that period.

(3) The notice of a decision to cancel must set out the date on which it takes effect.

(4) A cancellation of a service approval includes the cancellation of the service approval to the extent that it relates to an associated children’s service.

(5) This Law applies to a suspension of a service approval under this section as if it were a suspension under section 72.

80 Cancellation of service approval to the extent that it relates to associated children’s service

80 Cancellation of service approval to the extent that it relates to associated children’s service

(1) If the Regulatory Authority considers that a service approval should be cancelled to the extent only that it applies to an associated children’s service, the Regulatory Authority must refer the matter to the children’s services regulator of this jurisdiction for determination under the children’s services law.

(2) The children’s services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children’s service under the children’s services law.

(3) If a final determination is made under the children’s services law of this jurisdiction that a service approval should be cancelled to the extent that it relates to an associated children’s service—

(a) the children’s services regulator must advise the Regulatory Authority of that determination; and

(b) the service approval is cancelled to the extent that it relates to the associated children’s service in accordance with that determination.

81 Application for transfer of cancelled service

81 Application for transfer of cancelled service

(1) An approved provider may apply to the Regulatory Authority under this Part for consent to transfer a service approval that is to be cancelled under this Part.

(2) The application for consent to transfer must be made within 14 days after the decision to cancel the service approval is made.

(3) If an application for consent to transfer is made, the cancellation of the service approval does not take effect, and the service approval is suspended, until the Regulatory Authority determines the application.

(4) An application cannot be made under this section for consent to transfer a cancelled service approval if the cancellation relates only to an associated children’s service.

82 Decision on application to transfer cancelled service

82 Decision on application to transfer cancelled service

(1) If the Regulatory Authority consents to the transfer—

(a) the decision to cancel the service approval is revoked; and

(b) the suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date for the suspension to cease.

(2) If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse to consent.

83 Approved provider to provide information to Regulatory Authority

83 Approved provider to provide information to Regulatory Authority

(1) This section applies if a show cause notice has been given to an approved provider under section 71 or 78.

(2) The approved provider, at the request of the Regulatory Authority, must provide the Authority with the contact details of the parents of all children enrolled at the education and care service.

(3) The Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an approved education and care service of a suspension or cancellation of the service approval for the service.

84 Notice to parents of suspension or cancellation

84 Notice to parents of suspension or cancellation

(1) This section applies if a service approval has been suspended or cancelled under section 72, 73, 79 or 82.

(2) The Regulatory Authority may require the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at the education and care service to which the approval relates and any associated children’s service.

(3) The approved provider must comply with a requirement made under subsection (2).

Penalty—

(a) for an individual—$10,200; or

(b) for a large child care provider—$154,800; or

(c) otherwise—$51,600.

Note—

This penalty is a substituted NSW provision.

s 84: Am 2025 No 68, Sch 1[6].

85 Voluntary suspension of service approval

85 Voluntary suspension of service approval

(1) An approved provider may apply to the Regulatory Authority for the suspension of a service approval for a period of not more than 12 months.

(2) The application must—

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

(3) The Regulatory Authority may agree to the suspension, having regard to whether the suspension is reasonable in the circumstances.

(4) The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the education and care service and any associated children’s service of the intention to make the application.

(5) The Regulatory Authority must, within 30 days after the application is made, decide whether or not to grant the application.

(6) If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider.

86 Surrender of service approval

86 Surrender of service approval

(1) An approved provider may surrender a service approval by written notice to the Regulatory Authority.

(2) The notice must specify a date on which the surrender is intended to take effect which must be—

(a) after the notice is given; and

(b) after the end of the period of notice required under subsection (3).

(3) The approved provider must notify the parents of children enrolled at the education and care service to which the approval relates and any associated children’s service of the intention to surrender the service approval, at least 14 days before the surrender is intended to take effect.

(4) If a service approval is surrendered, the approval is cancelled on the date specified in the notice.

87 Application for service waiver for service

87 Application for service waiver for service

(1) An approved provider may apply to the Regulatory Authority for a waiver of a requirement that an approved education and care service comply with one or more of the national regulations or NSW regulations prescribed for the purposes of this section.

Note—

This subsection is a modified NSW provision.

(1A) Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.

(2) A person who applies for a service approval may apply for a service waiver under this section together with the application for the service approval.

(3) The Regulatory Authority must not grant a service waiver to a person who applies under subsection (2) unless the service approval is granted to that person.

s 87: Am 2025 No 68, Sch 1[6].

88 Form of application

88 Form of application

An application under section 87 must—

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

89 Powers of Regulatory Authority in considering application

89 Powers of Regulatory Authority in considering application

(1) For the purpose of determining an application under this Division, the Regulatory Authority may—

(a) ask the applicant to provide further information; and

(b) inspect the education and care service premises and the office of the applicant.

(2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 91(2) for the Regulatory Authority to make a decision on the application.

90 Matters to be considered

90 Matters to be considered

In considering whether the grant of a service waiver is appropriate, the Regulatory Authority may have regard to—

(a) any matters disclosed in the application; and

(a1) whether special circumstances disclosed in the application reasonably justify the grant of the service waiver; and

Note—

This paragraph is an additional NSW provision.

(b) any other matter the Regulatory Authority thinks fit.

s 90: Am 2025 No 68, Sch 1[6].

91 Decision on application

91 Decision on application

(1) On an application under this Division, the Regulatory Authority may decide to grant the service waiver or refuse the application.

(2) Subject to subsection (3), the Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority’s decision on the application.

(3) If an application for a service waiver has been made together with an application for service approval, the Regulatory Authority may notify the applicant of the Authority’s decision on the application at the same time as the notice of the decision on the application for the service approval.

(4) If a service waiver is granted, the service waiver is subject to the following conditions—

(a) that the approved education and care service provider must disclose the fact that the service waiver is in force to the families of children to whom education and care is provided by the service;

(b) any other conditions placed on the service waiver by the Regulatory Authority, including any condition limiting the use of the service waiver.

Note—

This subsection is a substituted NSW provision.

(5) The Regulatory Authority may, at any time remove, add to or vary any conditions placed on a service waiver under subsection (4).

(6) If a service waiver is granted or its conditions are amended under subsection (5), the Regulatory Authority must issue or reissue the service approval specifying—

(a) the national regulations that have been waived; and

(b) any conditions placed on the waiver.

s 91: Am 2025 No 68, Sch 1[6].

92 Revocation of service waiver

92 Revocation of service waiver

(1) The Regulatory Authority may, at its discretion, revoke a service waiver.

(2) An approved provider may apply to the Regulatory Authority for the revocation of a service waiver applying to any education and care service that it operates.

(3) A revocation under this section takes effect at the end of the period prescribed in the national regulations.

93 Effect of service waiver

93 Effect of service waiver

While a service waiver is in force, the approved education and care service is taken to comply with the national regulations specified in the service waiver.

94 Application for temporary waiver

94 Application for temporary waiver

(1) An approved provider may apply to the Regulatory Authority for a temporary waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section.

(2) Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.

95 Form of application

95 Form of application

An application under section 94 must—

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

96 Regulatory Authority may seek further information

96 Regulatory Authority may seek further information

(1) For the purpose of determining an application under this Division, the Regulatory Authority may—

(a) ask the applicant to provide further information; and

(b) inspect the education and care service premises and the office of the applicant.

(2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 98(1) for the Regulatory Authority to make a decision on the application.

97 Special circumstances

97 Special circumstances

In considering whether the grant of a temporary waiver is appropriate, the Regulatory Authority must have regard to whether special circumstances disclosed in the application reasonably justify the grant of the temporary waiver.

98 Decision on application

98 Decision on application

(1) The Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority’s decision on the application.

(2) A temporary waiver must specify the period of the waiver which cannot be for a period of more than 12 months.

(3) The Regulatory Authority, on the application of the approved provider, may—

(a) extend and further extend the period of a temporary waiver by periods of not more than 12 months; and

(b) grant a further temporary waiver for an education and care service under this Division.

(4) An application under subsection (3) must include payment of the prescribed fee.

(5) If a temporary waiver is granted, the Regulatory Authority may place any conditions on the temporary waiver, including any condition limiting the use of the temporary waiver.

(6) The Regulatory Authority may, at any time remove, add to or vary any conditions placed on a temporary waiver under subsection (5).

(7) If a temporary waiver is granted or its conditions are amended under subsection (6), the Regulatory Authority must issue or reissue the service approval specifying—

(a) the national regulations that have been temporarily waived; and

(b) the period of the waiver; and

(c) any conditions placed on the waiver.

99 Revocation of temporary waiver

99 Revocation of temporary waiver

The Regulatory Authority may, at its discretion, revoke a temporary waiver.

100 Effect of temporary waiver

100 Effect of temporary waiver

While a temporary waiver is in force, the approved education and care service is not required to comply with the national regulations that have been temporarily waived.

Division 7 Exercise of powers by another Regulatory Authority

Division 7 Exercise of powers by another Regulatory Authority

101 Exercise of powers by another Regulatory Authority—family day care services

101 Exercise of powers by another Regulatory Authority—family day care services

(1) This section applies if the Regulatory Authority has granted a service approval under this Part to an approved provider for a family day care service.

(2) A Regulatory Authority of another participating jurisdiction may exercise all the powers and perform all the functions of a Regulatory Authority under this Part (except Division 3 or section 76, 81 or 82) in respect of the service approval if the family day care service operates in that participating jurisdiction.

(3) A Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a service approval after consulting with the Regulatory Authority of each participating jurisdiction in which the family day care service operates.

(4) A failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.

(5) A cancellation or suspension of a service approval for a family day care service in another participating jurisdiction has effect in this jurisdiction.

Division 8 Associated children’s services

Division 8 Associated children’s services

102 Application of this Law to associated children’s services

102 Application of this Law to associated children’s services

This Law does not apply to an associated children’s service except as expressly provided in this Law.

Division 9 Offences

Division 9 Offences

103 Offence to provide an education and care service without service approval

103 Offence to provide an education and care service without service approval

(1) A person must not provide an education and care service unless—

(a) the person is an approved provider in respect of that service; and

(b) the education and care service is an approved education and care service.

Penalty—

(a) for an individual—$68,700; or

(b) for a large child care provider—$1,034,100; or

(c) otherwise—$344,700.

Note—

This penalty is a substituted NSW provision.

(2) Subsection (1) does not apply to a family day care educator providing education and care to children as part of an approved family day care service.

(3) For subsection (1), an education and care service is taken not to be an approved education and care service during any period in which the service approval for the education and care service is suspended.

Note—

This subsection is an additional NSW provision.

s 103: Am 2025 No 68, Sch 1[6].

103A Offence relating to places where education and care is provided as part of a family day care service

103A Offence relating to places where education and care is provided as part of a family day care service

An approved provider of a family day care service must ensure that education and care is not provided to children, as part of the service, from a place that is not a family day care residence or an approved family day care venue unless otherwise permitted by this Law.

Penalty—

(a) for an individual—$68,700; or

(b) for a large child care provider—$1,034,100; or

(c) otherwise—$344,700.

Note—

This penalty is a substituted NSW provision.

s 103A: Am 2025 No 68, Sch 1[6].

104 Offence to advertise education and care service without service approval

104 Offence to advertise education and care service without service approval

(1) A person must not knowingly publish or cause to be published an advertisement for an education and care service unless it is an approved education and care service.

Penalty—

(a) for an individual—$20,400; or

(b) for a large child care provider—$309,600; or

(c) otherwise—$103,200.

Note—

This penalty is a substituted NSW provision.

(2) Subsection (1) does not apply if an application for a service approval in respect of the education and care service has been made under this Law but has not been decided.

(3) For subsection (1), an education and care service is taken not to be an approved education and care service during any period in which the service approval for the education and care service is suspended.

Note—

This subsection is an additional NSW provision.

s 104: Am 2025 No 68, Sch 1[6].

Part 4 Approval in principle for education and care service premises located in certain types of buildings

Part 4 Approval in principle for education and care service premises located in certain types of buildings

pt.4-div Division 1—Application of this Part

Division 1—Application of this Part

105 Application of Part to certain participating jurisdictions only

105 Application of Part to certain participating jurisdictions only

This Part applies to, and in relation to, a participating jurisdiction if a law of the participating jurisdiction, or an instrument made under that law, specifically declares that Part 4 of this Law applies.

pt.4-div-oc.2 Division 2—Application for approval in principle

Division 2—Application for approval in principle

106 Application for approval in principle

106 Application for approval in principle

(1) A person may apply to the Regulatory Authority for the approval in principle of proposed education and care service premises.

(2) An application may be made if—

(a) the premises are for an education and care service (other than a family day care service); and

(b) the premises are proposed to be located in a new or existing Part 4 building; and

(c) under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is required for the construction, alteration or repair of the proposed education and care service premises or the development of the land.

107 Form and timing of application

107 Form and timing of application

(1) An application for an approval in principle must—

(a) be made to the Regulatory Authority of the Part 4 jurisdiction in which the building is to be located or is located; and

(b) be in writing; and

(c) include any plan, drawing or specification as to the construction, alteration or repair of the proposed premises and building in which the premises are or will be located; and

(d) include the prescribed information; and

(e) include payment of the prescribed fee.

(2) An application for an approval in principle must be made to the Regulatory Authority within the period declared by or under a law of the Part 4 jurisdiction to be the application period.

108 Regulatory Authority may seek further information

108 Regulatory Authority may seek further information

(1) The Regulatory Authority may ask an applicant for an approval in principle 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 110 for the Regulatory Authority to make a decision on the application.

109 Determination of application for an approval in principle

109 Determination of application for an approval in principle

In determining an application for an approval in principle, the Regulatory Authority must have regard to—

(a) the suitability of the proposed education and care service premises and the site and location of those premises for the operation of an education and care service; and

(b) whether the proposed education and care service premises would meet the approval in principle criteria once constructed, altered or repaired; and

(c) whether the proposed education and care service premises will have direct egress to an assembly area to allow the safe evacuation of all children; and

(d) any other matter the Regulatory Authority considers relevant; and

(e) any other prescribed matters.

110 Grant or refusal of approval in principle

110 Grant or refusal of approval in principle

(1) On receiving an application under section 106, the Regulatory Authority may—

(a) subject to section 111, grant an approval in principle; or

(b) refuse to grant an approval in principle.

(2) Subject to subsection (3), the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.

Note

If further information is requested under section 108(1), the period between the making of the request and the provision of the information is not included in the 60 day period.

(3) The period referred to in subsection (2) may be extended with the agreement of the applicant.

(4) The Regulatory Authority is taken to have refused to grant an approval in principle 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.

111 Regulatory Authority must refuse to grant approval in principle unless satisfied of certain matters

111 Regulatory Authority must refuse to grant approval in principle unless satisfied of certain matters

The Regulatory Authority must refuse to grant an approval in principle unless satisfied that—

(a) the proposed education and care service premises (once constructed, altered or repaired) and the site and location of those premises—

(i) will be suitable for the operation of an education and care service; and

(ii) will meet the approval in principle criteria; and

(b) the proposed education and care service premises will have direct egress to an assembly area to allow the safe evacuation of all children.

112 Notice of decision on application for approval in principle

112 Notice of decision on application for approval in principle

The Regulatory Authority must give written notice to the applicant of a decision under section 110 and the reasons for the decision within 7 days after the decision is made.

113 Copy of approval in principle to be provided

113 Copy of approval in principle to be provided

(1) If the Regulatory Authority grants an approval in principle, the Regulatory Authority must give a copy of the approval in principle to the applicant stating—

(a) the name of the approval in principle holder; and

(b) the site and location of the building or proposed building; and

(c) the location of the proposed education and care service premises within the building or proposed building; and

(d) the date on which the approval in principle was granted; and

(e) the date on which the approval in principle expires; and

Note

An approval in principle expires 3 years from the day it is granted. See section 123.

(f) any other prescribed matters.

(2) The copy of the approval in principle must—

(a) attach a copy of any plan, drawing or specification that is the basis of the approval in principle of the premises; or

(b) sufficiently describe any such plan, drawing or specification.

pt.4-div-oc.3 Division 3—Duties of approval in principle holder

Division 3—Duties of approval in principle holder

114 Duty to notify Regulatory Authority of any material change

114 Duty to notify Regulatory Authority of any material change

The approval in principle holder must notify the Regulatory Authority of any material change to—

(a) any plan, drawing or specification attached to, or described in, the approval in principle in accordance with section 113(2); or

(b) the environment surrounding the proposed education and care service premises that may affect the suitability of the premises for the operation of an education and care service.

Example

A neighbouring building is constructed which impacts adequate natural light in the indoor spaces of the proposed premises.

pt.4-div-oc.4 Division 4—Amendment and transfer of approval in principle

Division 4—Amendment and transfer of approval in principle

115 Amendment of approval in principle on application

115 Amendment of approval in principle on application

(1) The approval in principle holder may apply to the Regulatory Authority for an amendment of an approval in principle.

(2) The application must—

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

(3) The Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.

(4) 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 subsection (5).

(5) The Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.

(6) The Regulatory Authority must decide the application by—

(a) amending the approval in principle in the way applied for; or

(b) with the applicant’s written agreement, amending the approval in principle in another way; or

(c) refusing to amend the approval in principle.

(7) An amendment cannot change the location of the proposed education and care service premises.

(8) The Regulatory Authority must give written notice of its decision to the approval in principle holder within 7 days after the decision is made.

116 Amendment of approval in principle by Regulatory Authority

116 Amendment of approval in principle by Regulatory Authority

(1) The Regulatory Authority may amend an approval in principle at any time without an application.

(2) The Regulatory Authority must give written notice of the amendment to the approval in principle holder and the reasons for the decision within 7 days after the decision is made.

(3) An amendment under this section has effect—

(a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (2); or

(b) if another period is specified by the Regulatory Authority, at the end of that period.

117 Copy of amended approval in principle to be provided

117 Copy of amended approval in principle to be provided

If the Regulatory Authority amends an approval in principle under section 115 or 116, the Regulatory Authority must give an amended copy of the approval in principle to the approval in principle holder.

118 Transfer of approval in principle

118 Transfer of approval in principle

(1) The approval in principle holder (transferring approval in principle holder) may transfer the approval in principle to another person (receiving approval in principle holder).

(2) A transfer takes effect on the day the Regulatory Authority receives a notice of transfer in accordance with subsection (3).

(3) A notice of transfer must—

(a) be in writing; and

(b) be signed by both the transferring approval in principle holder and the receiving approval in principle holder; and

(c) include the prescribed information; and

(d) include payment of the prescribed fee.

(4) As soon as practicable after receiving a notice of transfer, the Regulatory Authority must—

(a) amend the approval in principle to specify the name of the receiving approval in principle holder; and

(b) provide an amended copy of the approval in principle to the receiving approval in principle holder.

119 Transfer of approval in principle by Regulatory Authority

119 Transfer of approval in principle by Regulatory Authority

(1) The Regulatory Authority may transfer an approval in principle to another person if the Regulatory Authority becomes aware that the approval in principle holder has died or does not exist.

(2) On transferring an approval in principle, the Regulatory Authority must—

(a) amend the approval in principle to specify the name of the receiving approval in principle holder; and

(b) provide an amended copy of the approval in principle to the receiving approval in principle holder.

pt.4-div-oc.5 Division 5—Cancellation of approval in principle

Division 5—Cancellation of approval in principle

120 Regulatory Authority may cancel approval in principle

120 Regulatory Authority may cancel approval in principle

The Regulatory Authority may cancel an approval in principle if the Regulatory Authority is satisfied—

(a) that the proposed education and care service premises to which the approval relates, or the site or location of those premises, is no longer suitable for the operation of an education and care service; or

(b) the proposed education and care service premises will not be constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.

121 Show cause notice before cancellation

121 Show cause notice before cancellation

If the Regulatory Authority is considering the cancellation of an approval in principle under section 120, the Regulatory Authority must first give the approval in principle holder a show cause notice stating—

(a) that the Regulatory Authority intends to cancel the approval in principle; and

(b) the reasons for the proposed cancellation; and

(c) that within 30 days after the notice is given, the holder may give the Regulatory Authority a written response to the proposed cancellation.

122 Decision in relation to cancellation

122 Decision in relation to cancellation

(1) After considering any written response from the approval in principle holder received within the time allowed by section 121(c), the Regulatory Authority must—

(a) cancel the approval in principle; or

(b) decide not to cancel the approval in principle.

(2) The Regulatory Authority must give the approval in principle holder written notice of the decision and the reasons for the decision within 7 days after the decision is made.

(3) The decision to cancel the approval in principle takes effect—

(a) 14 days after the Regulatory Authority gives notice of the decision; or

(b) if another period is specified by the Regulatory Authority, at the end of that period.

(4) The notice of a decision to cancel must set out the date on which the cancellation takes effect.

pt.4-div-oc.6 Division 6—Expiry of approval in principle

Division 6—Expiry of approval in principle

123 Expiry of approval in principle

123 Expiry of approval in principle

(1) An approval in principle expires—

(a) on the third anniversary of the day on which the approval in principle was granted; or

(b) if the approval in principle is extended under section 124, on the day determined by the Regulatory Authority in accordance with that section.

(2) Despite subsection (1), if an application for extension is made under section 124 before the expiry of the approval in principle, the approval in principle does not expire before the application for extension is determined by the Regulatory Authority.

(3) Despite subsection (1), if an application for service approval is made before the expiry of the approval in principle, the approval in principle does not expire before the application for service approval is determined by the Regulatory Authority.