Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 758

    (1)     This section applies if the director-general receives an application for renewal of a childcare service licence under section 754.

    (2)     If the licensed proprietor is eligible under section 757 for renewal of the childcare service licence, the director-general must give the licensed proprietor a new childcare service licence.

    (3)     If the licensed proprietor is not eligible under section 757 for renewal of the childcare service licence, the director-general must refuse to renew the childcare service licence.

Note     A decision under this subsection is a reviewable decision (see  s 839).

    (4)     The director-general must, not later than the required time for an application—

        (a)     decide the application; and

        (b)     tell the licensed proprietor about the decision on the application.

    (5)     For subsection (4), the required time for an application is the latest of the following:

        (a)     if the director-general requires the licensed proprietor or a controlling person to provide a reference or report under section 68 (2) (a)—30 days after the day the director-general receives the reference or report;

        (b)     if the director-general requires the licensed proprietor or a controlling person to undergo a test or medical examination under section 68 (2) (b)—30 days after the day the director-general receives the results of the test or examination;

        (c)     if the director-general asks the licensed proprietor to give the director-general more information under section 755 (2)—30 days after the day the director-general receives the information;

        (d)     if the director-general asks the licensed proprietor, to allow the director-general to inspect premises under section 755 (3)—30 days after the day the director-general is allowed to inspect the premises;

        (e)     in any other case—30 days after the day the director-general receives the application.

Note     Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act

, s 180).