91Decision on application

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].