1.6 Voluntary suspension of provider approval

National Law & Regulations

[ National Law & Regulations, Section 37, Regulation 19 ]   WA  An approved provider can apply to the regulatory authority to voluntary suspend – put ‘on hold’ their provider approval – for up to 12 months.

During that time the person must not operate an education and care service.

The approved provider must apply for voluntary suspension in writing.

The National Regulations specify information that must be included in an application to suspend provider approval (see Application checklists – Table VII).

Applications and notifications can be submitted to the regulatory authority online using the National Quality Agenda IT System on the ACECQA website at www.acecqa.gov.au.

Incomplete applications

If an application does not include all the prescribed information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is complete and therefore valid.

Notification to parents

An approved provider must notify parents of children enrolled at their services of their intention to apply for voluntary suspension of a provider approval at least 14 calendar days before making the application.

Timeframes for assessing an application

A decision must be made within 30 calendar days of the regulatory authority receiving a complete application.

Calculating time

The National Law sets out how timeframes are calculated at schedule 1, clause 31.

An application cannot begin to be processed unless the application is complete/valid and includes all the required information.

For more information refer to Calculating time in Application for provider approval.

Considering an application

National Law & Regulations

[ National Law, Section 42 ] The regulatory authority can only suspend a provider approval after consulting with the regulatory authority of each jurisdiction where the approved 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.

Determining an application

National Law & Regulations

[ National Law, Section 37 ] If the regulatory authority grants an application for voluntary suspension of a provider approval, it may agree on the date the suspension takes effect with the approved provider.

The regulatory authority must give written notice of its decision and, if granted, advise the period of suspension.

After approval has been suspended

National Law & Regulations

[ National Law, Section 37 ] The effect of suspension is that all service approvals held by the provider are suspended for the same period, unless the service approval is transferred, or a person is approved to manage or control an education and care service in the event the provider dies or becomes incapacitated.

The suspension remains in force for the period specified in the written notice of decision.

The approved provider may apply to have the suspension revoked before the end of the suspension period. If the regulatory authority grants the application to revoke the suspension, they may agree to a date for the suspension to cease with the approved provider.