New South Wales Consolidated Acts

CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 47

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

(ba) any approval in principle held by the approved provider for the education and care service premises, and whether the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle; and

Note: The approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105.

(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.