2.7 Suspension of service approval

National Law & Regulations

[ National Law & Regulations, Sections 30, 70–75, 84–85, Regulations 39–40 ] The regulatory authority may suspend the service approval for up to 12 months.

A regulatory authority may suspend a service approval on a number of grounds, such as:

  • there is a reasonable belief that it would not be in the best interests of the children for the service to continue to operate
  • the service has operated at a rating level not meeting the National Quality Standard and
    • a service waiver or temporary waiver does not apply to the service in respect of that non-compliance
    • there has been no improvement in the rating level
  • the approved provider has not complied with a condition of the service approval or the National Law and Regulations
  • the approved provider has not complied with a direction, compliance notice or emergency order under the National Law
  • the approved provider has not paid the annual fee for the service approval.

Before a regulatory authority takes action to suspend a service approval, it must:

  • notify the approved provider and provide reasons for the action (a ‘show cause notice’)
  • allow the approved provider to respond in writing to the notification before making its final decision
  • advise the approved provider in writing of the final decision.

The regulatory authority may require the approved provider to notify parents of enrolled children of the suspension in writing.

A regulatory authority may also suspend a service approval without prior notification if there is immediate risk to the safety, health or wellbeing of a child or children. If a regulatory authority suspends a service approval without notification, the suspension can be for no longer than six months.

An approved provider may also apply to voluntarily suspend a service approval for up to 12 months (see Transfer of service approval).