New South Wales Consolidated Acts

CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 307

307 Service approvals

(1) Any person who immediately before the scheme commencement day held a former approval in respect of a declared approved service (other than a declared approved family day care service) is taken to hold a service approval in respect of that service under this Law.

(2) Any person who immediately before the scheme commencement day held a former approval with respect to a declared approved family day care service is taken to hold a service approval for that family day care service under this Law.

(3) Subsections (1) and (2) do not apply if the person is a prescribed ineligible person.

(4) If subsection (1) or (2) applies, the declared approved service is taken from the scheme commencement day to be an approved education and care service.

(5) This section does not apply to a former approval that was under suspension under the former education and care services law immediately before the scheme commencement day because the person who held that approval was not a fit and proper person (however described) to operate the declared approved service.

(6) If a former approval was under suspension under the former education and care services law immediately before the scheme commencement day for a reason other than the reason in subsection (5), the service approval for the education and care service under this Law is taken to be suspended under this Law for the period of the suspension.

(7) The Regulatory Authority must determine before the expiry of the period of suspension referred to in subsection (6) (other than for a voluntary suspension) whether--

(a) the suspension should be cancelled or a further period of suspension should be imposed; or

(b) the service approval should be cancelled.

(8) Any conditions imposed on the former approval under the former education and care services law are taken to be conditions on the service approval unless the conditions are inconsistent with this Law.

(9) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to hold a former approval in respect of a declared approved service with a copy of the service approval for the service setting out the relevant matters in section 52.