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CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 47
Determination of application
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
(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.
(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.
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