Education and Care Services Act 2013
sec.40Death of joint holder of provider approval
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sec.40 Death of joint holder of provider approval
If an individual who jointly holds a provider approval dies, the surviving person, or if there is more than one surviving person each of the surviving persons, continues as the holder of the provider approval and any service approval held under the provider approval. If 2 or more of the persons holding a provider approval are individuals and they die at the same time— if there are any surviving persons holding the provider approval—each of them continues as the holder of the provider approval and any service approval held under the provider approval; or if there are no surviving persons holding the provider approval— section 39 applies, with all necessary changes, to the personal representatives of the estates of the persons who have died. (sec.40-ssec.1) If an individual who jointly holds a provider approval dies, the surviving person, or if there is more than one surviving person each of the surviving persons, continues as the holder of the provider approval and any service approval held under the provider approval. (sec.40-ssec.2) If 2 or more of the persons holding a provider approval are individuals and they die at the same time— if there are any surviving persons holding the provider approval—each of them continues as the holder of the provider approval and any service approval held under the provider approval; or if there are no surviving persons holding the provider approval— section 39 applies, with all necessary changes, to the personal representatives of the estates of the persons who have died.
- (a) if there are any surviving persons holding the provider approval—each of them continues as the holder of the provider approval and any service approval held under the provider approval; or
- (b) if there are no surviving persons holding the provider approval— section 39 applies, with all necessary changes, to the personal representatives of the estates of the persons who have died.