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Education and Care Services National Law Act 2010
5CRelated provider determination
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5C Related provider determination
(1) The Regulatory Authority may determine that—
(a) one or more approved providers or former providers are related to an applicant for a provider approval; or
(b) one or more approved providers or former providers are related to each other.
(2) The Regulatory Authority must not make a related provider determination under this section unless it is satisfied that the prescribed circumstances apply.
(3) A related provider determination must—
(a) set out the reasons for the determination; and
(b) be given in accordance with the national regulations to—
(i) in the case of a determination under subsection (1)(a), the applicant for the provider approval and each approved provider or former provider who is determined to be related to the applicant; or
(ii) in the case of a determination under subsection (1)(b), each approved provider or former provider who is determined to be related to each other.
(4) The Regulatory Authority may revoke a related provider determination if it is satisfied that the circumstances prescribed for the purposes of subsection (2) no longer apply.
Sch. s. 5D inserted by No. 53/2025 s. 64.