Div 5Approval of executor, representative or guardian as approved provider

Division 5—Approval of executor, representative or guardian as approved provider 39—Death of approved provider (1) This section applies if an approved provider dies. (2) A nominated supervisor or a person in day to-day charge of an education and care service of the approved provider must notify the Regulatory Authority of the approved provider's death within 7 days after that death. (3) The executor of the estate of the approved provider may continue to operate any approved education and care service of the approved provider for the relevant period provided that at least one nominated supervisor continues to manage the day-to-day operation of the service. (4) The executor of the estate of the approved provider may transfer, surrender or apply for suspension of a service approval of the approved provider under this Law during the relevant period as if the executor were the approved provider. (5) The executor of the estate of the approved provider may apply to the Regulatory Authority for a provider approval. (6) The application must be made within 30 days of the death of the approved provider and must— (7) In this section relevant period means— (a) the period of 30 days after the death of the approved provider; or (b) if the executor of the estate of the approved provider makes an application under subsection (5) within that period, until the application is finally determined under this Law. 40—Incapacity of approved provider (1) This section applies if an approved provider has become incapacitated. (2) The legal personal representative or guardian of an approved provider may apply to the Regulatory Authority for a provider approval. 41—Decision on application (1) The Regulatory Authority must not grant a provider approval to a person who has made an application under section 39 or 40 unless the Regulatory Authority is satisfied that the person is a fit and proper person to be involved in the provision of an education and care service. (2) Sections 12, 13 and 14 apply to the assessment of a person under subsection (1). (3) Subject to this section, the Regulatory Authority may— (a) grant the provider approval; or (b) grant the provider approval subject to conditions; or (c) refuse to grant the provider approval. (4) An approval under this section— (a) may be granted for a period of not more than 6 months; and (b) may be extended or further extended for periods of not more than 6 months— at the discretion of the Regulatory Authority. (5) The provider approval is granted only in relation to the operation of the approved education and care services of the approved provider for whom the applicant is the executor, legal personal representative or guardian, as the case requires.