CHILDREN'S SERVICES ACT 1996 - SECT 25 Grounds for suspension of provider approval

CHILDREN'S SERVICES ACT 1996 - SECT 25

The Regulatory Authority may suspend a provider approval if—

        (a)     the approved provider has been charged with an indictable offence, or with an offence that if committed in Victoria would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of a children's service; or

        (b)     the approved provider has failed to comply with a condition of the provider approval; or

        (c)     the approved provider has failed to comply with—

              (i)     this Act; or

              (ii)     the National Law as applying in any participating jurisdiction; or

        (d)     action is being taken under Part 5 (other than a compliance direction) in respect of more than one children's service operated by the approved provider; or

        (e)     the approved provider has not operated any children's service for a period of more than 12 months (including any period of suspension); or

        (f)     the approved provider purported to transfer or receive a transfer of an approved children's service without the consent of the Regulatory Authority; or

S. 25(g) amended by No. 43/2022 s. 43(a).

        (g)     the approved provider has not paid any outstanding prescribed fees; or

S. 25(h) inserted by No. 43/2022 s. 43(b).

        (h)     under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or

Note

It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

S. 25(i) inserted by No. 43/2022 s. 43(b).

              (i)     the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.

Note

The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

New s. 26 inserted by No. 37/2019 s. 8.