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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 747 Childcare service licence—decision on application

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 747

Childcare service licence—decision on application

    (1)     This section applies if the director-general has received an application for a childcare service licence under section 743.

    (2)     If the proposed proprietor is eligible under section 746 for a childcare service licence to operate the childcare service, the director-general must give the proposed proprietor a licence to operate the childcare service.

    (3)     If the proposed proprietor is not eligible under section 746 for a childcare service licence to operate the childcare service, the director-general must refuse to give the proposed proprietor a licence to operate the childcare service.

Note     A decision under this subsection is a reviewable decision (see  s 839).

    (4)     The director-general must, not later than the required time—

        (a)     decide the application; and

        (b)     tell the proposed proprietor about the decision on the application.

    (5)     For subsection (4), the required time is the latest of the following:

        (a)     if the director-general requires a proposed proprietor or proposed controlling person to provide a reference or report under section 68 (2) (a)—30 days after the day the director-general receives the reference or report;

        (b)     if the director-general requires a proposed proprietor or proposed controlling person to undergo a test or medical examination under section 68 (2) (b)—30 days after the day the director-general receives the results of the test or examination;

        (c)     if the director-general asks the proposed proprietor to give the director-general more information under section 744 (2)—30 days after the day the director-general receives the information;

        (d)     if the director-general asks the proposed proprietor to allow the director-general to inspect premises under section 744 (3)—30 days after the day the director-general is allowed to inspect the premises;

        (e)     in any other case—30 days after the day the director-general receives the application.

Note     Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act

, s 180).