New South Wales Consolidated Acts

CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 54

54 Amendment of service approval on application

(1) An approved provider may apply to the Regulatory Authority for an amendment of a service approval.

(1A) An application under subsection (1) may include a request for the approval of a place (other than a residence) as a family day care venue for a family day care service.

(2) An application must--

(a) be in writing; and

(b) include the prescribed information; and

(c) include payment of the prescribed fee.

(3) The Regulatory Authority may ask the approved provider to provide any further information that is reasonably required for the purpose of assessing the application.

(4) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in subsection (5).

(5) The Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.

(6) The Regulatory Authority must decide the application by--

(a) amending the service approval in the way applied for; or

(b) with the applicant's written agreement, amending the service approval in another way; or

(c) refusing to amend the service approval.

(7) Without limiting subsection (6), an amendment may vary a condition of the service approval or impose a new condition on the service approval.

(8) Subject to subsection (8A), an amendment cannot change a location of an education and care service.

(8A) The Regulatory Authority may approve a place (other than a residence) as a family day care venue for a family day care service if the Regulatory Authority considers exceptional circumstances exist.

(9) The Regulatory Authority must give written notice of its decision to the approved provider.