Education and Care Services Act 2013
sec.59Relevant matters for deciding application
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sec.59 Relevant matters for deciding application
The chief executive must not grant an application for an exceptional circumstances service approval unless the chief executive is satisfied— the approved provider holds a service approval for the affected premises; and exceptional circumstances have caused the affected premises to be unsuitable for the provision of the regulated education and care for which the premises are approved; and the replacement premises are suitable for providing regulated education and care; and the operation of the service at the replacement premises will not constitute an unacceptable risk to the safety, health or wellbeing of children to be educated or cared for at the replacement premises.
- (a) the approved provider holds a service approval for the affected premises; and
- (b) exceptional circumstances have caused the affected premises to be unsuitable for the provision of the regulated education and care for which the premises are approved; and
- (c) the replacement premises are suitable for providing regulated education and care; and
- (d) the operation of the service at the replacement premises will not constitute an unacceptable risk to the safety, health or wellbeing of children to be educated or cared for at the replacement premises.