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Education and Care Services National Law Act 2010
125Expired approval in principle may be reinstated
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125 Expired approval in principle may be reinstated
(1) If an approval in principle expires, the former approval in principle holder may apply to the Regulatory Authority for reinstatement of the approval in principle.
(2) An application for reinstatement must—
(3) The application for reinstatement must be made no later than 6 months after the date on which the approval in principle expired.
(4) The Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.
(5) In determining whether to reinstate an approval in principle, the Regulatory Authority—
(a) must consider whether, within the period that the approval in principle is to be reinstated—
(i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and
(ii) an application for a service approval is likely to be made; and
(b) may consider whether—
(i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and
(ii) the approval in principle has previously been extended; and
(iii) the approval in principle has previously expired and been reinstated.
(6) The Regulatory Authority must—
(a) reinstate an approval in principle; or
(b) refuse to reinstate an approval in principle.
(7) A reinstated approval in principle expires 12 months after the day on which the decision to reinstate the approval in principle is made.
(8) If the Regulatory Authority reinstates an approval in principle, the Regulatory Authority must give the approval in principle holder a copy of the reinstated approval in principle which specifies the date on which the reinstated approval in principle expires.
(9) If the Regulatory Authority refuses to reinstate an approval in principle, the Regulatory Authority must give the applicant written notice of its decision and the reasons for the decision within 7 days after the decision is made.
Part 5—Assessments and Ratings
Division 1—Assessment and rating
133 Assessment for rating purposes
(1) The Regulatory Authority that granted the service approval for an education and care service may at any time assess the service in accordance with the national regulations to determine whether and at what rating level the service meets the National Quality Standard and the requirements of the national regulations.
(2) Until an approved education and care service is first assessed under this Part, it is taken to have the prescribed provisional rating.