New South Wales Consolidated Acts

CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 62

62 Transfer may be subject to intervention by Regulatory Authority

(1) The Regulatory Authority may intervene in a transfer of a service approval if the Regulatory Authority is concerned as to any of the following matters-

(a) whether the receiving approved provider 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 receiving approved provider’s history of compliance with this Law as applying in a participating jurisdiction, including in relation to any other education and care service it operates;

(c) any other matter relevant to the transfer of the service approval.

(2) The Regulatory Authority must notify the transferring approved provider and the receiving approved provider of the decision to intervene.

(3) Subject to subsection (5), the notice must be given at least 28 days before the date on which the transfer is intended to take effect.

(4) A notification under subsection (2) must-

(a) be in writing; and

(b) include the prescribed information.

(5) The period within which notice must be given under subsection (3) does not apply where the Regulatory Authority has not been notified of the intended transfer of a service approval in accordance with section 59.