New South Wales Consolidated Acts

CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 39

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--

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

(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.