sec.31Grounds for cancellation of provider approval

sec.31 Grounds for cancellation of provider approval

The Regulatory Authority may cancel a provider approval if— the Regulatory Authority is satisfied that the approved provider or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service; or the Regulatory Authority is satisfied that the continued provision of education and care services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by an education and care service operated by the approved provider; or the approved provider has been found guilty of an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or the approved provider has been found guilty of an offence under this Law as applying in any participating jurisdiction; or the approved provider has breached a condition of the provider approval; 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 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 cancel 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 the related provider of the approved provider; and the cancellation is reasonably necessary to address the systemic risk. s 31 amd 2022 No. 43 (Vic) s 20 ; 2025 No. 53 (Vic) s 69 (sec.31-ssec.1) The Regulatory Authority may cancel a provider approval if— the Regulatory Authority is satisfied that the approved provider or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service; or the Regulatory Authority is satisfied that the continued provision of education and care services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by an education and care service operated by the approved provider; or the approved provider has been found guilty of an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or the approved provider has been found guilty of an offence under this Law as applying in any participating jurisdiction; or the approved provider has breached a condition of the provider approval; 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 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.31-ssec.2) Without limiting subsection (1) , the Regulatory Authority may cancel 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 the related provider of the approved provider; and the cancellation is reasonably necessary to address the systemic risk.