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Education and Care Services National Law Act 2010
173Offence to fail to notify certain circumstances to Regulatory Authority
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173 Offence to fail to notify certain circumstances to Regulatory Authority
Sch. s. 173(1) amended by Nos 43/2022 s. 75(1), 53/2025 s. 36(1).
(1) An approved provider must notify the Regulatory Authority of the following in relation to the approved provider or each approved education and care service operated by the approved provider—
(a) a change in the name of the approved provider;
(b) any appointment or removal of a person with management or control of an education and care service operated by the approved provider;
(c) a failure to commence operating an education and care service within 6 months (or within the time agreed with the Regulatory Authority) after being granted a service approval for the service.
Sch. s. 173(1A) inserted by No. 53/2025 s. 80(1).
(1A) An approved provider that is a body corporate must notify the Regulatory Authority if 50 per cent or more of the approved provider's ownership or voting rights is acquired.
Sch. s. 173(2) amended by Nos 43/2022 s. 75(2), 53/2025 s. 36(2).
(2) An approved provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the approved provider—
Sch. s. 173(2)(a) amended by No. 9/2017 s. 42(1)(a).
(a) if the approved provider is notified of the suspension or cancellation of a working with children card or teacher registration of, or disciplinary proceedings under an education law of a participating jurisdiction in respect of, a nominated supervisor engaged by the service;
Sch. s. 173(2)(b) substituted by No. 9/2017 s. 42(1)(b).
(b) if a nominated supervisor of an approved education and care service—
(i) ceases to be employed or engaged by the service; or
(ii) is removed from the role of nominated supervisor; or
(iii) withdraws consent to the nomination;
(c) any proposed change to the education and care service premises of an approved education and care service (other than a family day care residence);
Sch. s. 173(2)(d) amended by No. 9/2017 s. 42(1)(c).
(d) if the approved provider ceases to operate the education and care service;
(e) in the case of an approved family day care service, a change in the location of the principal office of the service;
(f) an intention to transfer a service approval, as required under section 59.
Sch. s. 173(3) substituted by No. 9/2017 s. 42(2), amended by No. 53/2025 s. 80(2).
(3) A notice under subsection (1), (1A) or (2) must—
(b) include any prescribed information.
Sch. s. 173(4) substituted by No. 9/2017 s. 42(2).
(4) A notice under subsection (1) must be provided within the relevant prescribed time to the Regulatory Authority that granted the provider approval to which the notice relates.
Sch. s. 173(4A) inserted by No. 53/2025 s. 80(3).
(4A) A notice under subsection (1A) must be provided to the Regulatory Authority that granted the approved provider's provider approval within 7 days after the date on which 50 per cent or more of the approved provider's ownership or voting rights is acquired.
Sch. s. 173(5) inserted by No. 9/2017 s. 42(2).
(5) A notice under subsection (2) must be provided within the relevant prescribed time to the Regulatory Authority that granted the service approval for the education and care service to which the notice relates.