An Approved Provider

You need to notify the Regulatory Authority when there is a change to the Approved Provider’s fitness and propriety.  

Section 13 of the Education and Care Services National Law lists the things that affect fitness and propriety

For a change to a person with management or control, submit a PA08 - Notification of change to information about Approved Provider.

Next: Approved Provider not fit and proper

You need to notify the Regulatory Authority if the Approved Provider wishes to surrender a service approval.

If the Approved Provider intends to transfer the service to another Approved Provider, do not submit a surrender of service approval. Instead, the transferring Approved Provider and the receiving Approved Provider should submit a SA04/05 - Notification of Transfer of Service Approval.

Next: Surrendering service approval

You need to notify the Regulatory Authority if you the Approved Provider changes their contact details, including contact number, email, fax or postal address.

To notify the Regulatory Authority of a change to the location of a FDC principal office, submit a SA12 Notification of Change of Information About an Approved Service.

Next: Change to Approved Provider address

You need to notify the Regulatory Authority if receivers, liquidators or administrators are appointed to the Approved Provider. If this happens, a person with management or control needs to be identified and notified to your Regulatory Authority, as the key responsible contact.

Next: Appointment of receivers

You need to notify the Regulatory Authority of matters affecting the financial viability and ongoing operations of your education and care service.

Examples of things that affect the financial viability of your service include:

• losing your Child Care Subsidy approval, 
• being unable to pay rent on the service’s premises, 
• cashflow issues that impact your service’s operations. 

If you do not intend to continue to operate the service, consider submitting a SA07 Notification of Surrender of Service Approval. For more information, refer to the Guide to the NQF.

Next: Financial viability

You need to notify the Regulatory Authority if there has been a change to the name of the Approved Provider. 

If the name of a person with management or control changes, please submit a PA08 Notification of Change to Information About Approved Provider.  

If the legal entity of the Approved Provider changes (for example, a sole trader becomes a body corporate), you need to contact your Regulatory Authority. You may also need to apply for a new provider approval and then transfer the services to the new Approved Provider. Contact your Regulatory Authority for further information.

Next: Approved Provider name change

You need to notify the Regulatory Authority when the Approved Provider changes office holders or any person who meets the definition of a person with management or control. This includes the appointment or removal of a person with management or control. 

Section 5A of the National Law defines a person with management or control (PMC).

Next: Change to PMC

If an Approved Provider dies, a nominated supervisor or person in day to day charge of the service must notify the Regulatory Authority. 

Section 39 of the National Law includes information about who can operate the service immediately after the Approved Provider dies.

Next: Death of Approved Provider

You need to notify the Regulatory Authority if you want to surrender your provider approval. 

Surrendering a provider approval will surrender all services (including suspended services) operated by the Approved Provider.

If you, the Approved Provider, intend to transfer any of your services, you must ensure the transfers are finalised before you surrender your provider approval.  

If you want to surrender an individual service, you will need submit a SA07 - Notification of Surrender of Service Approval.

Next: Surrender provider approval

You need to notify the Regulatory Authority if the Approved Provider has not commenced operating a service within six months (or within the time agreed with the Regulatory Authority) of being granted the service approval.

Next: Service hasn’t started operating

You need to make a notification if the Approved Provider stops operating the education and care service.

If the Approved Provider stops operating a service, complete an SA12 Notification of change to information about an approved service. 

If the Approved Provider stops operating the service for a short time due to an incident, you should submit an I01 Notification of Incident. 

Next: Approved Provider stops operating service

Information for transferring provider 

You need to notify the Regulatory Authority of an intent to transfer a service approval at least 60 days* before the intended transfer date. 

The Regulatory Authority may agree to a transfer taking place in less than 60 days*, if there are exceptional circumstances. If you think this applies to you, please contact your Regulatory Authority after submitting your notification (section 64A)

*WA: 42 days

Please contact your Regulatory Authority  for further information. Contact details are available here: https://www.acecqa.gov.au/help/contact-your-regulatory-authority  

Next: Service approval transfer

Information for receiving provider 

You need to notify the Regulatory Authority of an intent to receive a service approval at least 60 days* before the intended transfer date. 

The Regulatory Authority may agree to a transfer taking place in less than 60 days*, if there are exceptional circumstances. If you think this applies to you, please contact your Regulatory Authority after submitting your notification. Section 67A contains more information about requesting an earlier transfer date after the Regulatory Authority has consented to the transfer.

*WA: 42 days

Please contact your Regulatory Authority  for further information. Contact details are available here: https://www.acecqa.gov.au/help/contact-your-regulatory-authority  

Click here for information regarding Child Care Subsidy approval.

Next: Service approval transfer

If a delay is expected to the transfer date, please contact your Regulatory Authority to advise of the new transfer date.**

**NOTE: This notification obligation does not apply in Western Australia

Next: Service approval transfer delay

The transferring and receiving Approved Providers must notify the Regulatory Authority in writing, that the transfer has taken place.

Next: Confirmation of service approval transfer

Please contact your Regulatory Authority.

Contact details are available here: https://www.acecqa.gov.au/help/contact-your-regulatory-authority