16HDefinitions

16H Definitions (1) Section 5(1) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if in the definition of ***prohibition notice*** after "182(1)" there were inserted ", (1A)". S. 16H(2) substituted by No. 53/2025 ss 112, 116. (2) Section 5(1) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if the following definitions were inserted in the appropriate alphabetical place— "***disciplinary agreement*** means agreed action under section 188E(a); ***disciplinary order*** means an order under section 188F; ***emergency action notice*** means a notice under section 179; ***large provider*** means— (a) a large child care provider within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; or (b) a person prescribed under the Victorian regulations; ***supervision direction*** means a notice under section 178C(1); ***suspension direction*** means a direction under section 178(4)(c)(i), 178A(1), 178B(1) or 178BA(2); ***training direction*** means a direction under section 178D(1) or 178E(1); ***Victorian Minister*** means the Minister administering section 4 of the **Education and Care Services National Law Act 2010** of Victoria; ***Victorian regulations*** means regulations made under section 18A of the **Education and Care Services National Law Act 2010** of Victoria;". S. 16HAA inserted by No. 53/2025 s. 117. 16HAA Application for provider approval Section 10 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if for subsection (1) of that section there were substituted— "(1) A person, other than the following persons, may apply to the Regulatory Authority for a provider approval— (a) a prescribed ineligible person; (b) a person who— (i) has, in the previous 12 months, received a notice under section 16 that the Regulatory Authority has refused to grant the person a provider approval; and (ii) has not been notified by the Regulatory Authority that the person may apply for a provider approval again within 12 months after receiving the notice referred to in subparagraph (i).". S. 16HAB inserted by No. 53/2025 s. 117. 16HAB Grounds for cancellation of provider approval Section 31 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after subsection (2) of that section there were inserted— "(3) The Regulatory Authority may also cancel a provider approval if the provider has ceased to operate or exist because the provider— (a) has been deregistered under the Corporations Act; or (b) is under administration or in liquidation; or (c) is an association that has been wound up or its incorporation has been cancelled under **Associations Incorporation Reform Act 2012** of Victoria; or (d) is an association that has been wound up or its incorporation or registration has been cancelled under a law of another participating jurisdiction that substantially corresponds to the **Associations Incorporation Reform Act 2012** of Victoria; or (e) has otherwise ceased to operate or exist. S. 16HAC inserted by No. 53/2025 s. 117. 16HAC Show cause notice before cancellation Section 32(2) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if for paragraph (c) of that subsection there were substituted— "(c) that the approved provider may give the Regulatory Authority a written response to the proposed cancellation— (i) for a proposed cancellation under section 31(1) or (2)—within 30 days after the notice is given; and (ii) for a proposed cancellation under section 31(3)—within 14 days after the notice is given.". S. 16HAD inserted by No. 53/2025 s. 117. 16HAD Application for service approval Section 43(1) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if for that subsection there were substituted— "(1) A person, other than a specified person, may apply to the Regulatory Authority for a service approval. (1A) For the purposes of subsection (1), a specified person is a person who— (a) has, in the previous 12 months, received a notice under section 50 that the Regulatory Authority has refused to grant the person a service approval; and (b) has not been notified by the Regulatory Authority that the person may apply for a service approval again within 12 months after receiving the notice referred to in paragraph (a).". S. 16HAE inserted by No. 53/2025 s. 117. 16HAE Ratings levels Section 134(2) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if at the foot of that subsection there were inserted— "**Note** The Regulatory Authority may also give the highest rating level prescribed by the national regulations—see section 138A.". S. 16HAF inserted by No. 53/2025 s. 117. 16HAF Regulatory Authority power to suspend or revoke rating of approved education and care services