93Procedure for taking action etc.

#### 93 Procedure for taking action etc. (1) This section applies if: (a) both of the following apply: (i) the ESOS agency for a provider or registered provider is considering imposing a condition on, or varying a condition of, the provider’s registration under section 10B; (ii) if the provider is an approved school provider—the condition is not a condition recommended in a DSA assessment certificate, or DSA recommendation certificate, given to the agency by the designated State authority for the provider; or (b) the ESOS agency for a registered provider is considering taking action under Subdivision A of this Division (other than subsection 83(2A), (2B) or (2C)); or (c) the ESOS agency for a provider is considering not giving the provider a notice under subsection 89(4). (2) Before the ESOS agency for the provider or registered provider decides to do the thing referred to in paragraph (1)(a), (b) or (c), the agency must give the provider a written notice that: (a) states that the agency is considering doing that thing; and (b) requests the provider to give the agency written submissions about the matter within at least the period referred to in subsection (3). (3) The period is: (a) if paragraph (1)(a) applies—72 hours; or (b) if paragraph (1)(b) applies: (i) if the agency is of the opinion that the circumstances require urgent action—24 hours; or (ii) otherwise—72 hours; or (c) if paragraph (1)(c) applies—7 days. (4) If, after considering any submissions received within the period mentioned in paragraph (2)(b), the ESOS agency for the provider or registered provider considers that the agency should decide to do the thing referred to in paragraph (1)(a), (b) or (c), the agency: (a) may so decide; and (b) must give the provider written notice of the decision.