Education and Care Services National Law (Queensland)
sec.314Effect of non-compliance in 3 years before scheme commencement day
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sec.314 Effect of non-compliance in 3 years before scheme commencement day
In determining whether to suspend or cancel under Part 2 a provider approval referred to in section 306, the Regulatory Authority— may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but must not suspend or cancel the provider approval solely on the basis of that non-compliance. In determining whether to suspend or cancel under Part 3 a service approval referred to in section 307(1), the Regulatory Authority— may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but must not suspend or cancel the service approval solely on the basis of that non-compliance. (sec.314-ssec.1) In determining whether to suspend or cancel under Part 2 a provider approval referred to in section 306, the Regulatory Authority— may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but must not suspend or cancel the provider approval solely on the basis of that non-compliance. (sec.314-ssec.2) In determining whether to suspend or cancel under Part 3 a service approval referred to in section 307(1), the Regulatory Authority— may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but must not suspend or cancel the service approval solely on the basis of that non-compliance.
- (a) may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but
- (b) must not suspend or cancel the provider approval solely on the basis of that non-compliance.
- (a) may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but
- (b) must not suspend or cancel the service approval solely on the basis of that non-compliance.