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CHILDREN'S SERVICES ACT 1996 - SECT 31 Grounds for cancellation of provider approval

CHILDREN'S SERVICES ACT 1996 - SECT 31

Grounds for cancellation of provider approval

The Regulatory Authority may cancel a provider approval if—

        (a)     the Regulatory Authority is satisfied that the approved provider or a person with management or control of a children's service operated by the approved provider is not a fit and proper person to be involved in the provision of a children's service; or

        (b)     the Regulatory Authority is satisfied that the continued provision of children's services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by a children's service operated by the approved provider; or

        (c)     the approved provider has been found guilty of an indictable offence or an offence that if committed in Victoria would be an indictable offence; or

        (d)     the approved provider has been found guilty of an offence under—

              (i)     this Act; or

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

        (e)     the approved provider has breached a condition of the provider approval; or

S. 31(f) amended by No. 43/2022 s. 44(a).

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

S. 31(g) inserted by No. 43/2022 s. 44(b).

        (g)     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. 31(h) inserted by No. 43/2022 s. 44(b).

        (h)     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. 32 inserted by No. 37/2019 s. 8.