New South Wales Consolidated Regulations

CHILDREN'S SERVICES REGULATION 2004 - REG 26

26 Grounds for variation, suspension or revocation of licences

(1) Subject to this Division, the Director-General:

(a) may vary or revoke a condition of a licence, or

(b) may impose a further condition on a licence, or

(c) may vary a particular specified in a licence, or

(d) may suspend a licence for a period not exceeding 6 months, or

(e) may revoke a licence.

(2) The grounds on which the Director-General may take an action under subclause (1) are:

(a) the licensee under the licence has requested that the Director-General take the action, or

(b) either the licensee or the authorised supervisor under the licence is no longer a fit and proper person to be concerned in the provision of the children’s service, or

(c) either of those persons has contravened or failed to comply with a provision of the Act or this Regulation that applies to that person, or

(d) any premises of a children’s service do not comply with any provision of the Act or this Regulation, or of a licence condition, that applies to them, or

(e) the authorised supervisor under the licence does not have the overall supervision of the provision of the children’s service to which the licence relates.

Section 211 of the Act specifies other grounds on which a licence may be revoked. These grounds include:

(a) the Director-General is of the opinion that the continued operation of the children’s service would constitute an unacceptable risk to the safety, welfare or well-being of any child or class of children attending the service, or

(b) exceptional circumstances arise in which the Director-General considers it contrary to the best interests of the children attending the children’s service for the service to continue, or

(c) the Director-General is of the opinion that any person involved in the control and management of a licensee that is not a natural person is no longer a suitable person to hold a licence.