1.4 Amending provider approval without application

National Law & Regulations

[ National Law, Sections 23, 42 ] The regulatory authority may amend a provider approval at any time, without application from the approved provider.

Amendment may include varying a condition on the provider approval or imposing a new condition.

The regulatory authority may only amend a provider approval after consulting with the regulatory authority of each jurisdiction where the provider operates an education and care service. This includes the regulatory authority which granted the provider approval. Failure to consult other regulatory authorities does not affect the validity of the regulatory authority’s decision.

After approval has been amended

The regulatory authority must give the approved provider written notice of the amendment.

Amendment without application takes effect 14 calendar days after the regulatory authority notifies the approved provider of the amendment, or at the end of another period specified by the regulatory authority.

The regulatory authority must give the approved provider a copy of the amended provider approval. It must also make any necessary amendments to any service approval held by the approved provider and give the approved provider a copy.

The regulatory authority will record these amendments in the National Quality Agenda IT System. ACECQA will publish the national registers on the ACECQA website at www.acecqa.gov.au.


National Law & Regulations

[ National Law, Section 190 ] A decision to amend a provider approval is a reviewable decision under the National Law (see Reviews).