47Determination of application

#### 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 > > > > > (c) the adequacy of the policies and procedures of the service; and > > > > > (d) whether the applicant has a provider approval; and > > > > > (e) whether the nominated supervisor for the service is a certified supervisor and whether that person 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— > > > > > (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.