37Voluntary suspension of provider approval

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.