186Cancellation of prohibition notice

186 Cancellation of prohibition notice

186 Cancellation of prohibition notice

(1) If the Regulatory Authority is satisfied there is not a sufficient reason for a prohibition notice to remain in force for a person, the Regulatory Authority must cancel the prohibition notice and give the person notice of the cancellation.

(2) A person for whom a prohibition notice is in force may apply to the Regulatory Authority to cancel the notice.

(3) The application must—

(a) be in writing; and

(b) include the prescribed information; and

(c) be signed by the person.

(4) The person may state in the application anything the person considers relevant to the Regulatory Authority’s decision about whether there would be an unacceptable risk of harm to children if the person were—

(a) to remain at the education and care service premises; or

(b) to provide education and care to children.

(4A) The person may state in the application anything the person considers relevant to the Regulatory Authority’s decision about whether the person is a fit and proper person to be nominated as a nominated supervisor with or without conditions.

(5) The application may include a statement setting out any change in the person’s circumstances since the prohibition notice was given or since any previous application under this section that would warrant the cancellation of the notice.

(6) The Regulatory Authority must decide the application as soon as practicable after its receipt.