Div 6Exercise of powers by another Regulatory Authority

Division 6—Exercise of powers by another Regulatory Authority 42—Exercise of powers by another Regulatory Authority (1) This section applies if the Regulatory Authority has granted a provider approval under this Part. (2) A Regulatory Authority of another participating jurisdiction may exercise all of the powers and perform all of the functions of the Regulatory Authority under this Part (except Division 5) in respect of the provider approval if the approved provider operates an approved education and care service in that participating jurisdiction. (3) A Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a provider approval after consulting with the Regulatory Authority of each participating jurisdiction in which the approved provider operates an approved education and care service. (4) A failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power. (5) A cancellation or suspension of a provider approval in another participating jurisdiction has effect in this jurisdiction. Part 3—Service approval Division 1—Application for service approval 43—Application for service approval (1) An approved provider may apply to the Regulatory Authority for a service approval for an education and care service. (2) An approved provider may only apply for a service approval for an education and care service if the approved provider is or will be the operator of the education and care service and is or will be responsible for the management of the staff members and nominated supervisors of that service. (3) A person who has applied for a provider approval may apply to the Regulatory Authority for a service approval, however the Regulatory Authority must not grant the service approval unless the provider approval is granted. Mandatory approval in principle jurisdictions require an approved provider to hold an approval in principle under Part 4 for the education and care service premises as a precondition of service approval. See section 49A. 44—Form of application (1) An application for a service approval must— (a) be made to the Regulatory Authority of the participating jurisdiction in which the service is to be located; and (d) nominate one or more individuals to be nominated supervisors of the service; and (da) include from each nominated individual (other than the approved provider) the written consent to the nomination; and (e) include payment of the prescribed fee. (2) An application for service approval may include an associated children's service. (3) An application for a service approval for a family day care service may include a request for approval of a place (other than a residence) as a family day care venue for that service. This approval is granted under section 50A only if exceptional circumstances exist. 45—Regulatory Authority may seek further information (1) The Regulatory Authority may ask an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application. (1A) The Regulatory Authority may ask a related provider of an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application. (2) If the Regulatory Authority asks the applicant or a related provider of the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 48 for the Regulatory Authority to make a decision on the application. 46—Investigation of application for service approval (1) For the purposes of determining an application for a service approval, the Regulatory Authority may— (a) undertake inquiries and investigations, including inquiries relating to the previous licensing, accreditation or registration of the education and care service under a former education and care services law, a children's services law or an education law of any participating jurisdiction; and (b) inspect the education and care service premises; and (c) inspect the policies and procedures of the service. (2) For the purposes of an inspection under subsection (1)(b) or (c), the Regulatory Authority may enter the education and care service premises at any reasonable time. 47—Determination of application (1) Subject to subsection (3), in determining an application under section 43, the Regulatory Authority must have regard to— (a) the National Quality Framework; and (b) except in the case of a family day care residence, the suitability of the education and care service premises and the site and location of those premises for the operation of an education and care service; and (ba) any approval in principle held by the approved provider for the education and care service premises, and whether the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle; and The approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105. (c) the adequacy of the policies and procedures of the service; and (d) whether the applicant has a provider approval; and (e) except in the case of a nominated supervisor who is the approved provider, whether each nominated supervisor has consented in writing to the nomination; and (f) any other matter the Regulatory Authority thinks fit; and (g) any other prescribed matter. (2) In addition, the Regulatory Authority may have regard to either of the following: (a) whether the applicant is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant; (b) the applicant's history of compliance with this Law or this Law as applying in any participating jurisdiction, including in relation to any other education and care service it operates. (2A) In addition, the Regulatory Authority may have regard to the history of compliance of a related provider of the applicant with this Law or this Law as applying in any participating jurisdiction, including in relation to any education and care service operated by the related provider of the applicant, if the Regulatory Authority is satisfied that there is a systemic risk in relation to the applicant or the related provider of the applicant. (3) Subject to subsection (4), in assessing an associated children's service for the purposes of determining whether to grant a service approval, the Regulatory Authority must have regard to the criteria under the children's services law of this jurisdiction for the grant of a children's services licence. (4) The criteria referred to in subsection (3) do not include criteria relating to whether the applicant is a fit and proper person. 48—Grant or refusal of service approval (1) On an application under section 43, the Regulatory Authority may— (a) grant the service approval; or (b) refuse to grant the service approval. A service approval is granted subject to conditions in accordance with section 51. (2) Subject to subsection (3), the Regulatory Authority must make a decision on the application within 90 days after the Regulatory Authority received the application. If further information is requested under section 45(2), the period between the making of the request and the provision of the information is not included in the 90 day period. (3) The period referred to in subsection (2) may be extended with the agreement of the applicant. (4) The Regulatory Authority may grant a service approval solely for an education and care service if— (a) the application includes an application for an associated children's service; and (b) that associated children's service does not comply with the criteria referred to in section 47(3). (5) The Regulatory Authority is taken to have refused to grant a service approval if the Regulatory Authority has not made a decision under subsection (1)— (a) within the relevant time required under subsection (2); or (b) within the period extended under subsection (3), (6) A service approval cannot be granted solely for an associated children's service. 49—Grounds for refusal (1) The Regulatory Authority must refuse to grant a service approval if— (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 (b) the applicant does not have a provider approval. (1A) The Regulatory Authority may refuse to grant a service approval on a ground set out in section 47(2A). (2) The Regulatory Authority may refuse to grant a service approval on any other grounds prescribed in the national regulations. (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— (a) the approved provider is an approval in principle holder for the premises; and (b) 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. (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). 49A—Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle (1) This section applies to, and in relation to, a Part 4 jurisdiction if a law of the Part 4 jurisdiction, or an instrument made under that law, specifically declares that section 49A of this Law applies. (2) Without limiting section 49(1), the Regulatory Authority must refuse to grant a service approval if— (a) the education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and (b) under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is or was required for the construction, alteration or repair of the premises or the development of the land; and (c) either— (i) the approved provider is not the approval in principle holder for the premises; or (ii) the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle. (3) Despite subsection (2), the Regulatory Authority may grant a service approval for an education and care service— (a) if satisfied that— (i) the service approval is required for the emergency relocation of an education and care service; and (ii) the education and care service premises is the most suitable available premises for the education and care service; or (b) in any other prescribed circumstances. (4) Subsection (2) does not apply if— (a) a service approval was previously granted for an education and care service at the premises; and (b) since the cancellation or surrender of that service approval, there has been no further construction, alteration or repair of the premises requiring a permit or approval under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction. 50—Notice of decision on application The Regulatory Authority must give written notice to the applicant of a decision under section 48 and the reasons for the decision within 7 days after the decision is made. 50A—Approval of a place as a family day care venue The Regulatory Authority may, at the time of granting the service approval for a family day care service, approve a place (other than a residence) as a family day care venue for that service if the Regulatory Authority considers exceptional circumstances exist. 51—Conditions on service approval (1) A service approval is granted subject to the condition that the education and care service is operated in a way that— (a) ensures the safety, health and wellbeing of the children being educated and cared for by the service; and (b) meets the educational and developmental needs of the children being educated and cared for by the service. (2) A service approval for a family day care service is granted subject to a condition that the approved provider must ensure that each family day care educator engaged by or registered with the service is adequately monitored and supported by a family day care co-ordinator. (2A) A service approval for a family day care service is granted subject to a condition that each family day care residence, and any approved family day care venue of the service, are to be located within this jurisdiction. (3) A service approval is granted subject to a condition that the approved provider must commence ongoing operation of the service within 6 months after the approval is granted unless the Regulatory Authority agrees to an extension of time. (4) A service approval is granted subject to a condition that the approved provider must hold the prescribed insurance in respect of the education and care service. (4A) A service approval for an education and care service other than a family day care service is granted subject to a condition that the approved provider must ensure that the number of children educated and cared for by the service at any one time does not exceed the maximum number of children specified in the service approval. (4B) An approved provider is not required to comply with subsection (4A) if— (a) the maximum number of children is exceeded because a child is, or 2 or more children from the same family are, being educated and cared for by the education and care service in an emergency; and (b) the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of any other child who is attending the education and care service. An emergency under this subsection would include circumstances where a child is in need of protection under a child protection order or where the parent of a child needs urgent health care that prevents that parent caring for the child. (5) A service approval is granted subject to any other conditions prescribed in the national regulations or imposed by— (a) this Law; or (b) the Regulatory Authority. (6) A condition of a service approval does not apply to an associated children's service unless the condition is expressed to apply to that associated children's service. (7) A condition of a service approval may be expressed to apply solely to an associated children's service only if the Regulatory Authority has first consulted with the children's services regulator. (8) An approved provider must comply with the conditions of a service approval held by the approved provider. 52—Copy of service approval to be provided If the Regulatory Authority grants a service approval under this Part, the Regulatory Authority must provide a copy of the service approval to the approved provider stating— (a) the name of the education and care service; and (b) the location of the education and care service or, if the education and care service is a family day care service, the location of the principal office of the service and any approved family day care venue for the service; and (c) any conditions to which the service approval is subject; and (d) the date the service approval was granted; and (e) the service approval number; and (f) the name of the approved provider; and (g) for a service other than a family day care service, the maximum number of children who can be educated and cared for by the service at any one time; and (h) the details of any service waiver under Division 5 or temporary waiver under Division 6 applying to the service; and (i) any other prescribed matters. 53—Annual fee An approved provider must, in accordance with the national regulations, pay the prescribed annual fee in respect of each service approval held by the approved provider. Division 2—Amendment of service approval 54—Amendment of service approval on application (1) An approved provider may apply to the Regulatory Authority for an amendment of a service approval. (1A) An application under subsection (1) may include a request for the approval of a place (other than a residence) as a family day care venue for a family day care service. (3) The Regulatory Authority may ask the approved provider to provide any further information that is reasonably required for the purpose of assessing the application. (4) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in subsection (5). (5) The Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application. (6) The Regulatory Authority must decide the application by— (a) amending the service approval in the way applied for; or (b) with the applicant's written agreement, amending the service approval in another way; or (c) refusing to amend the service approval. (7) Without limiting subsection (6), an amendment may vary a condition of the service approval or impose a new condition on the service approval. (8) Subject to subsection (8A), an amendment cannot change a location of an education and care service. (8A) The Regulatory Authority may approve a place (other than a residence) as a family day care venue for a family day care service if the Regulatory Authority considers exceptional circumstances exist. (9) The Regulatory Authority must give written notice of its decision to the approved provider. 55—Amendment of service approval by Regulatory Authority (1) The Regulatory Authority may amend a service approval at any time without an application from the approved provider. (2) Without limiting subsection (1), an amendment may vary a condition of the service approval or impose a new condition on the service approval. (2A) Without limiting subsections (1) and (2), the Regulatory Authority may amend an approved provider's service approval, vary a condition on an approved provider's service approval or impose a new condition on an approved provider's service approval if the Regulatory Authority is satisfied that— (b) the amendment of the service approval, the variation of the condition on the service approval or the imposition of the new condition on the service approval is reasonably necessary to address the systemic risk. (3) The Regulatory Authority must give written notice of the amendment to the approved provider. (4) An amendment under this section has effect— (a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or (5) The Regulatory Authority must amend a service approval to the extent that it relates to an associated children's service in accordance with any direction by the children's services regulator if that direction is given in accordance with the children's services law of this jurisdiction. 55A—Condition relating to family day care co‑ordinators (1) Without limiting section 55, an amendment under that section may impose a condition on the service approval for a family day care service requiring the approved provider to ensure that there is a minimum of one qualified person employed or engaged as a family day care co-ordinator for every 15 family day care educators (or part of that number) engaged by or registered with that service. Examples— 1 If between 1 and 15 family day care educators are engaged by or registered with the family day care service, at least one qualified person must be employed or engaged by the approved provider as a family day care co‑ordinator. 2 If between 16 and 30 family day care educators are engaged by or registered with the family day care service, at least 2 qualified persons must be employed or engaged by the approved provider as a family day care co‑ordinator. (2) A condition may only be imposed under subsection (1) if— (a) the family day care service has been operating for more than 12 months; and (b) the Regulatory Authority— (i) has taken into account the approved provider's capability and compliance with this Law in respect of the family day care service; and (ii) considers that family day care educators are not adequately monitored and supported by a family day care co-ordinator. (3) Section 163 does not apply if a condition is imposed under subsection (1) in respect of a family day care service. (4) A person is a qualified person under this section if the person has the qualifications prescribed by the national regulations. 56—Notice of addition of nominated supervisor (1) The approved provider of an education and care service must give written notice to the Regulatory Authority in accordance with this section if the approved provider wishes to add a new nominated supervisor of the education and care service. (a) nominate one or more individuals to be nominated supervisors of the service and, unless the individual nominated is the approved provider, include from each nominated individual the written consent to the nomination; and (c) be given— (i) at least 7 days before the individual is to commence work as a nominated supervisor; or (ii) if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the individual commences work as a nominated supervisor. Section 173(2)(b) requires an approved provider to notify the Regulatory Authority of the removal of a nominated supervisor. 56A—Notice of change of a nominated supervisor's name or contact details The approved provider of an education and care service must give written notice to the Regulatory Authority of any change to the name or contact details of any nominated supervisor of the education and care service. 57—Copy of amended service approval to be provided If the Regulatory Authority amends a service approval under this Division, the Authority must provide an amended copy of the service approval to the approved provider. Division 3—Transfer of service approval 58—Service approval may be transferred (1) Subject to this Division, an approved provider who holds a service approval (transferring approved provider) may transfer the service approval to another approved provider (receiving approved provider). (2) If a service approval is transferred to a receiving approved provider the transfer includes the transfer of the service approval for any associated children's service. (3) A person who holds a provider approval may transfer a service approval held by the provider even if the provider approval or service approval is suspended. 59—Regulatory Authority to be notified of transfer (1) The transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority of the transfer— (a) at least 60 days before the transfer is intended to take effect; or (b) if the Regulatory Authority considers that the circumstances are exceptional, a lesser period agreed to by the Regulatory Authority. (ab) specify the date on which the transfer is intended to take effect; and 59A—Further notification required in case of delay to transfer date (1) If, after giving a notification under section 59, the transfer is to be delayed, the transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority as soon as practicable of the new date that the transfer is intended to take effect. (2) A notification under subsection (1) does not affect consent to the transfer given or taken to have been given by the Regulatory Authority before it received that notification. 60—Consent of Regulatory Authority required for transfer A service approval cannot be transferred without the consent of the Regulatory Authority. 61—Consent taken to be given unless Regulatory Authority intervenes The Regulatory Authority is taken to have consented to the transfer of a service approval if— (a) the parties have given a notification under section 59; and (b) 28 days before the transfer is intended to take effect, the Regulatory Authority has not notified the parties that it intends to intervene under section 62. 62—Transfer may be subject to intervention by Regulatory Authority (1) The Regulatory Authority may intervene in a transfer of a service approval if the Regulatory Authority is concerned as to any of the following matters: (a) whether the receiving approved provider is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant; (b) the receiving approved provider's history of compliance with this Law as applying in a participating jurisdiction, including in relation to any other education and care service it operates or has operated; (c) any other matter relevant to the transfer of the service approval. (2) The Regulatory Authority must notify the transferring approved provider and the receiving approved provider of the decision to intervene. (3) Subject to subsection (5), the notice must be given at least 28 days before the date on which the transfer is intended to take effect. (4) A notification under subsection (2) must— (b) include the prescribed information. (5) The period within which notice must be given under subsection (3) does not apply where the Regulatory Authority has not been notified of the intended transfer of a service approval in accordance with section 59. 63—Effect of intervention If the Regulatory Authority intervenes under section 62, the transfer must not proceed unless and until the Regulatory Authority gives written consent to the transfer. 64—Regulatory Authority may request further information If the Regulatory Authority has intervened under section 62, the Regulatory Authority may— (a) request further information from the transferring approved provider or receiving approved provider for the purposes of deciding whether to consent to the transfer; and (b) undertake inquiries in relation to the receiving approved provider for that purpose. 65—Decision after intervention (1) If the Regulatory Authority has intervened under section 62, it may decide— (a) to consent to the proposed transfer; or (b) to refuse to consent to the proposed transfer. (2) If the Regulatory Authority consents to the proposed transfer the Regulatory Authority may impose conditions on the consent, including specifying the date on which the proposed transfer is to take effect. (3) The service approval must be transferred in accordance with the conditions imposed on the consent. 66—Regulatory Authority to notify outcome 10 days before transfer (1) If the Regulatory Authority has intervened in the transfer of a service approval, the Authority must, at least 10 days before the date on which the transfer is intended to take effect, give a notice to each party specifying that the Authority— (a) consents to the transfer; or (b) refuses to consent to the transfer; or (c) has suspended further consideration of the transfer until further information is received and that the transfer may not proceed until a further notice is given under this section consenting to the transfer; or (d) has not yet made a decision on the transfer and that the Regulatory Authority will make a decision on the transfer within 28 days and that the transfer may not proceed until a further notice is given under this section consenting to the transfer. (2) If the Regulatory Authority consents to the transfer, the notice— (a) must specify— (i) the date on which the transfer is to take effect; and (ii) any conditions on the consent to the transfer; and (b) may include notice of any condition that the Regulatory Authority has imposed on the provider approval or a service approval of the receiving approved provider because of the transfer. (3) If the Regulatory Authority refuses to consent to the transfer, the notice must include the reasons for the refusal. 67—Transfer of service approval without consent is void A transfer of a service approval is void if— (a) it is made without the consent of the Regulatory Authority; or (b) it is made in contravention of the conditions imposed by the Regulatory Authority on the consent to the transfer; or (c) it is made to a person who is not the approved provider who gave the notification under section 59 as the receiving approved provider. 67A—Request for earlier transfer date after consent given to transfer (1) This section applies if the Regulatory Authority has consented to or is taken to have consented to the transfer of a service approval. (2) The transferring approved provider and the receiving approved provider may request the transfer take effect on an earlier date than specified in the notification under section 59 or 59A. (3) The Regulatory Authority may agree to the requested earlier date if the Regulatory Authority considers that exceptional circumstances exist. 68—Confirmation of transfer (1) The transferring approved provider and the receiving approved provider must give written notice to the Regulatory Authority within 2 days after the transfer takes effect specifying the date of the transfer. (2) On receipt of a notice under this section, the Regulatory Authority must amend the service approval and provide an amended copy of the service approval to the receiving approved provider. (3) The amendment to the service approval is taken to take effect on the date of the transfer. (4) An approved provider who gives notice under this section is not guilty of an offence for a failure of any other person to give that notice. 69—Notice to parents (1) The receiving approved provider must give written notice to the parents of children enrolled at an education and care service of the transfer of the service approval for that service to that provider. (2) The notice must be given at least 7 days before the date on which the transfer of the service approval takes effect. Division 4—Suspension or cancellation of service approval 70—Grounds for suspension of service approval (1) A Regulatory Authority may suspend a service approval if— (a) the Regulatory Authority reasonably believes that it would not be in the best interests of children being educated and cared for by the service for the service to continue; or (b) a condition of the service approval has not been complied with; or (c) the service is not being managed in accordance with this Law; or (d) the service has operated at a rating level as not meeting the National Quality Standard and— (i) a service waiver or temporary waiver does not apply to the service in respect of that non‑compliance; and (ii) there has been no improvement in the rating level; or (e) the approved provider has contravened this Law as applying in any participating jurisdiction; or (f) the approved provider has failed to comply with a direction, compliance notice or emergency order under this Law as applying in any participating jurisdiction in relation to the service; or (g) the approved provider has— (i) ceased to operate the education and care service at the education and care service premises for which the service approval was granted; and (ii) within 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or (h) the approved provider has not, within 6 months after being granted a service approval, commenced ongoing operation of the service; or (i) the approved provider has not paid the prescribed annual fee for the service approval. (2) Without limiting subsection (1), the Regulatory Authority may suspend an approved provider's service 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— (b) the suspension is reasonably necessary to address the systemic risk. 71—Show cause notice before suspension (1) This section applies if the Regulatory Authority is considering the suspension of a service approval under section 70. (a) that the Regulatory Authority intends to suspend the service approval; and (b) the proposed period of suspension; and (c) the reasons for the proposed suspension; and (d) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension. 72—Decision in relation to suspension After considering any written response from the approved provider received within the time allowed by section 71(2)(d), the Regulatory Authority may— (a) if the suspension was proposed on the ground referred to in section 70(1)(a), (c) or (d), accept an undertaking from the approved provider under section 179A; or (b) in any case— (i) suspend the service approval for a period not more than the prescribed period; or (ii) decide not to suspend the service approval. 73—Suspension of service approval without show cause The Regulatory Authority may suspend the service approval without giving the approved provider a show cause notice under section 71 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by the education and care service. 74—Notice and effect of decision (1) The Regulatory Authority must give the approved provider written notice of the decision to suspend. (2) Subject to section 76, the decision under section 72 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period. (3) Subject to section 76, the decision under section 73 to suspend takes effect on the giving of the notice. (4) The notice of a decision to suspend must set out— (a) the period of suspension; and (b) the date on which it takes effect. (5) A suspension of a service approval also suspends the service approval to the extent that it relates to an associated children's service. 75—Suspension of service approval to the extent that it relates to associated children's service (1) If the Regulatory Authority considers that a service approval should be suspended to the extent only that it applies to an associated children's service, the Regulatory Authority must refer the matter to the children's services regulator of this jurisdiction for determination under the children's services law. (2) The children's services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children's service under the children's services law. (3) If a final determination is made under the children's services law of this jurisdiction that a service approval should be suspended to the extent that it relates to an associated children's service— (a) the children's services regulator must advise the Regulatory Authority of that determination; and (b) the service approval is suspended to the extent that it relates to the associated children's service in accordance with that determination. 76—Transfer of suspended service (1) The Regulatory Authority may consent under this Part to the transfer of a service approval that is suspended under section 72 or 73. (2) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the Regulatory Authority's consent to the transfer otherwise provide. 77—Grounds for cancellation of service approval (1) A Regulatory Authority may cancel a service approval if— (a) the Regulatory Authority reasonably believes that the continued operation of the education and care service would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by the education and care service; or (b) the service has been suspended under section 72 or 73 and the reason for the suspension has not been rectified at or before the end of the period of suspension; or (c) the service approval was obtained improperly; or (d) a condition of the service approval has not been complied with. (2) Without limiting subsection (1), the Regulatory Authority may cancel an approved provider's service 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— (b) the cancellation is reasonably necessary to address the systemic risk. 78—Show cause notice before cancellation (1) This section applies if the Regulatory Authority is considering the cancellation of a service approval under section 77. (a) that the Regulatory Authority intends to cancel the service approval; and (c) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation. 79—Decision in relation to cancellation (1) After considering any written response from the approved provider received within the time allowed by section 78(2)(c), the Regulatory Authority— (i) cancel the service approval; or (ii) suspend the service approval for a period not more than the prescribed period; or (iii) decide not to cancel the service approval; and (b) must give the approved provider written notice of the decision. (2) Subject to section 81, the decision to cancel the service approval takes effect— (a) at the end of 14 days after the date of the decision; or (3) The notice of a decision to cancel must set out the date on which it takes effect. (4) A cancellation of a service approval includes the cancellation of the service approval to the extent that it relates to an associated children's service. (5) This Law applies to a suspension of a service approval under this section as if it were a suspension under section 72. 80—Cancellation of service approval to the extent that it relates to associated children's service (1) If the Regulatory Authority considers that a service approval should be cancelled to the extent only that it applies to an associated children's service, the Regulatory Authority must refer the matter to the children's services regulator of this jurisdiction for determination under the children's services law. (2) The children's services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children's service under the children's services law. (3) If a final determination is made under the children's services law of this jurisdiction that a service approval should be cancelled to the extent that it relates to an associated children's service— (a) the children's services regulator must advise the Regulatory Authority of that determination; and (b) the service approval is cancelled to the extent that it relates to the associated children's service in accordance with that determination. 81—Application for transfer of cancelled service (1) An approved provider may apply to the Regulatory Authority under this Part for consent to transfer a service approval that is to be cancelled under this Part. (2) The application for consent to transfer must be made within 14 days after the decision to cancel the service approval is made. (3) If an application for consent to transfer is made, the cancellation of the service approval does not take effect, and the service approval is suspended, until the Regulatory Authority determines the application. (4) An application cannot be made under this section for consent to transfer a cancelled service approval if the cancellation relates only to an associated children's service. 82—Decision on application to transfer cancelled service (1) If the Regulatory Authority consents to the transfer— (a) the decision to cancel the service approval is revoked; and (b) the suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date for the suspension to cease. (2) If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse to consent. 83—Approved provider to provide information to Regulatory Authority (1) This section applies if a show cause notice has been given to an approved provider under section 71 or 78. (2) The approved provider, at the request of the Regulatory Authority, must provide the Authority with the contact details of the parents of all children enrolled at the education and care service. (3) The Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an approved education and care service of a suspension or cancellation of the service approval for the service. 84—Notice to parents of suspension or cancellation (1) This section applies if a service approval has been suspended or cancelled under section 72, 73, 79 or 82. (2) The Regulatory Authority may require the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at the education and care service to which the approval relates and any associated children's service. (3) The approved provider must comply with a requirement made under subsection (2). 85—Voluntary suspension of service approval (1) An approved provider may apply to the Regulatory Authority for the suspension of a service approval for a period of not more than 12 months. (3) The Regulatory Authority may agree to the suspension, having regard to whether the suspension is reasonable in the circumstances. (4) The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the education and care service and any associated children's service of the intention to make the application. (5) The Regulatory Authority must, within 30 days after the application is made, decide whether or not to grant the application. (6) If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider. 86—Surrender of service approval (1) An approved provider may surrender a service approval by written notice to the Regulatory Authority. (2) The notice must specify a date on which the surrender is intended to take effect which must be— (a) after the notice is given; and (b) after the end of the period of notice required under subsection (3). (3) The approved provider must notify the parents of children enrolled at the education and care service to which the approval relates and any associated children's service of the intention to surrender the service approval, at least 14 days before the surrender is intended to take effect. (4) If a service approval is surrendered, the approval is cancelled on the date specified in the notice. Division 5—Application for service waiver 87—Application for service waiver for service (1) An approved provider may apply to the Regulatory Authority for a waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section. (1a) Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard. (2) A person who applies for a service approval may apply for a service waiver under this section together with the application for the service approval. (3) The Regulatory Authority must not grant a service waiver to a person who applies under subsection (2) unless the service approval is granted to that person. 88—Form of application An application under section 87 must— 89—Powers of Regulatory Authority in considering application (1) For the purpose of determining an application under this Division, the Regulatory Authority may— (a) ask the applicant to provide further information; and (b) inspect the education and care service premises and the office of the applicant. (2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 91(2) for the Regulatory Authority to make a decision on the application. 90—Matters to be considered In considering whether the grant of a service waiver is appropriate, the Regulatory Authority may have regard to— (a) any matters disclosed in the application; and (ab) the history of compliance of a related provider of the applicant with this Law or this Law as applying in any participating jurisdiction, including in relation to any education and care service operated by the related provider of the applicant; and (b) any other matter the Regulatory Authority thinks fit. 91—Decision on application (1) On an application under this Division, the Regulatory Authority may decide to grant the service waiver or refuse the application. (2) Subject to subsection (3), the Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority's decision on the application. (3) If an application for a service waiver has been made together with an application for service approval, the Regulatory Authority may notify the applicant of the Authority's decision on the application at the same time as the notice of the decision on the application for the service approval. (4) If a service waiver is granted, the Regulatory Authority may place any conditions on the service waiver, including any condition limiting the use of the service waiver. (5) The Regulatory Authority may, at any time remove, add to or vary any conditions placed on a service waiver under subsection (4). (6) If a service waiver is granted or its conditions are amended under subsection (5), the Regulatory Authority must issue or reissue the service approval specifying— (a) the national regulations that have been waived; and (b) any conditions placed on the waiver. 92—Revocation of service waiver (1) The Regulatory Authority may, at its discretion, revoke a service waiver. (2) An approved provider may apply to the Regulatory Authority for the revocation of a service waiver applying to any education and care service that it operates. (3) A revocation under this section takes effect at the end of the period prescribed in the national regulations. 93—Effect of service waiver While a service waiver is in force, the approved education and care service is taken to comply with the national regulations specified in the service waiver. Division 6—Temporary waiver 94—Application for temporary waiver (1) An approved provider may apply to the Regulatory Authority for a temporary waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section. (2) Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard. 95—Form of application An application under section 94 must— 96—Regulatory Authority may seek further information (1) For the purpose of determining an application under this Division, the Regulatory Authority may— (a) ask the applicant to provide further information; and (b) inspect the education and care service premises and the office of the applicant. (2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 98(1) for the Regulatory Authority to make a decision on the application. 97—Special circumstances In considering whether the grant of a temporary waiver is appropriate, the Regulatory Authority must have regard to whether special circumstances disclosed in the application reasonably justify the grant of the temporary waiver. 98—Decision on application (1) The Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority's decision on the application. (2) A temporary waiver must specify the period of the waiver which cannot be for a period of more than 12 months. (3) The Regulatory Authority, on the application of the approved provider, may— (a) extend and further extend the period of a temporary waiver by periods of not more than 12 months; and (b) grant a further temporary waiver for an education and care service under this Division. (4) An application under subsection (3) must include payment of the prescribed fee. (5) If a temporary waiver is granted, the Regulatory Authority may place any conditions on the temporary waiver, including any condition limiting the use of the temporary waiver. (6) The Regulatory Authority may, at any time remove, add to or vary any conditions placed on a temporary waiver under subsection (5). (7) If a temporary waiver is granted or its conditions are amended under subsection (6), the Regulatory Authority must issue or reissue the service approval specifying— (a) the national regulations that have been temporarily waived; and (b) the period of the waiver; and (c) any conditions placed on the waiver. 99—Revocation of temporary waiver The Regulatory Authority may, at its discretion, revoke a temporary waiver. 100—Effect of temporary waiver While a temporary waiver is in force, the approved education and care service is not required to comply with the national regulations that have been temporarily waived.