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Education and Care Services National Law Act 2010
70Grounds for suspension of service approval
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70 Grounds for suspension of service approval
(1) A Regulatory Authority may suspend a service approval if—
(a) the Regulatory Authority reasonably believes that it would not be in the best interests of children being educated and cared for by the service for the service to continue; or
(b) a condition of the service approval has not been complied with; or
(c) the service is not being managed in accordance with this Law; or
(d) the service has operated at a rating level as not meeting the National Quality Standard and—
(i) a service waiver or temporary waiver does not apply to the service in respect of that non-compliance; and
(ii) there has been no improvement in the rating level; or
(e) the approved provider has contravened this Law as applying in any participating jurisdiction; or
(f) the approved provider has failed to comply with a direction, compliance notice or emergency order under this Law as applying in any participating jurisdiction in relation to the service; or
(g) the approved provider has—
(i) ceased to operate the education and care service at the education and care service premises for which the service approval was granted; and
(ii) within 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or
(h) the approved provider has not, within 6 months after being granted a service approval, commenced ongoing operation of the service; or
(i) the approved provider has not paid the prescribed annual fee for the service approval.
Sch. s. 70(2) inserted by No. 53/2025 s. 74.
(2) Without limiting subsection (1), the Regulatory Authority may suspend an approved provider's service approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—
(b) the suspension is reasonably necessary to address the systemic risk.