sec.25Grounds for suspension of provider approval

sec.25 Grounds for suspension of provider approval

The Regulatory Authority may suspend a provider approval if— the approved provider has been charged with an indictable offence, or with an offence that if committed in this jurisdiction would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of an education and care service; or the approved provider has failed to comply with a condition of the provider approval; or the approved provider has failed to comply with this Law as applying in any participating jurisdiction; or action is being taken under Part 7 (other than a compliance direction) in respect of more than one education and care service operated by the approved provider; or the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or the approved provider purported to transfer or receive a transfer of an approved education and care service without the consent of the Regulatory Authority; or the approved provider has not paid any outstanding prescribed fees; or under section 195H (1) (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C (b) , (c) or (d) of that Act; or It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A (1) (a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. the approved provider has been refused approval as a provider under section 194B (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C (b) , (c) or (d) of that Act. The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B (1) (a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. Without limiting subsection (1) , the Regulatory Authority may suspend an approved provider’s provider 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— there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and the suspension is reasonably necessary to address the systemic risk. s 25 amd 2022 No. 43 (Vic) s 19 ; 2025 No. 53 (Vic) s 67 (sec.25-ssec.1) The Regulatory Authority may suspend a provider approval if— the approved provider has been charged with an indictable offence, or with an offence that if committed in this jurisdiction would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of an education and care service; or the approved provider has failed to comply with a condition of the provider approval; or the approved provider has failed to comply with this Law as applying in any participating jurisdiction; or action is being taken under Part 7 (other than a compliance direction) in respect of more than one education and care service operated by the approved provider; or the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or the approved provider purported to transfer or receive a transfer of an approved education and care service without the consent of the Regulatory Authority; or the approved provider has not paid any outstanding prescribed fees; or under section 195H (1) (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C (b) , (c) or (d) of that Act; or It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A (1) (a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. the approved provider has been refused approval as a provider under section 194B (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C (b) , (c) or (d) of that Act. The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B (1) (a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. (sec.25-ssec.2) Without limiting subsection (1) , the Regulatory Authority may suspend an approved provider’s provider 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— there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and the suspension is reasonably necessary to address the systemic risk.