sec.49Grounds for refusal

sec.49 Grounds for refusal

The Regulatory Authority must refuse to grant a service approval if— the Regulatory Authority is satisfied that the service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the education and care service; or the applicant does not have a provider approval. The Regulatory Authority may refuse to grant a service approval on a ground set out in section 47 (2A) . The Regulatory Authority may refuse to grant a service approval on any other grounds prescribed in the national regulations. The Regulatory Authority must not refuse to grant a service approval on the ground that the education and care service premises do not meet the approval in principle criteria if— the approved provider is an approval in principle holder for the premises; and the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle. The approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105 . Subsection (3) does not prevent the Regulatory Authority from refusing to grant a service approval on any other ground, including a ground set out in subsection (1) (a) or section 47 (1) (b) . s 49 amd 2023 No. 33 (Vic) s 6 ; 2025 No. 53 (Vic) s 72 (sec.49-ssec.1) The Regulatory Authority must refuse to grant a service approval if— the Regulatory Authority is satisfied that the service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the education and care service; or the applicant does not have a provider approval. (sec.49-ssec.1A) The Regulatory Authority may refuse to grant a service approval on a ground set out in section 47 (2A) . (sec.49-ssec.2) The Regulatory Authority may refuse to grant a service approval on any other grounds prescribed in the national regulations. (sec.49-ssec.3) The Regulatory Authority must not refuse to grant a service approval on the ground that the education and care service premises do not meet the approval in principle criteria if— the approved provider is an approval in principle holder for the premises; and the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle. The approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105 . (sec.49-ssec.4) Subsection (3) does not prevent the Regulatory Authority from refusing to grant a service approval on any other ground, including a ground set out in subsection (1) (a) or section 47 (1) (b) .

• (a) the Regulatory Authority is satisfied that the service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the education and care service; or