Children (Education and Care Services) National Law (NSW)
314Effect of non-compliance in 3 years before scheme commencement day
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314 Effect of non-compliance in 3 years before scheme commencement day
314 Effect of non-compliance in 3 years before scheme commencement day
(1) In determining whether to suspend or cancel under Part 2 a provider approval referred to in section 306, the Regulatory Authority—
(a) may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but
(b) must not suspend or cancel the provider approval solely on the basis of that non-compliance.
(2) In determining whether to suspend or cancel under Part 3 a service approval referred to in section 307(1), the Regulatory Authority—
(a) may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but
(b) must not suspend or cancel the service approval solely on the basis of that non-compliance.