CHILDREN'S SERVICES ACT 1996 - SECT 46 Determination of application

CHILDREN'S SERVICES ACT 1996 - SECT 46

    (1)     In determining an application under section 42, the Regulatory Authority must have regard to—

        (a)     the suitability of the children's service premises and the site and location of those premises for the operation of a children's service; and

        (b)     the adequacy of the policies and procedures of the service; and

        (c)     whether the applicant has a provider approval; and

        (d)     except in the case of a nominated supervisor who is the approved provider, whether each nominated supervisor has consented in writing to the nomination; and

        (e)     any other matter the Regulatory Authority thinks fit; and

        (f)     any other prescribed matter.

    (2)     In addition, the Regulatory Authority may have regard to either of the following—

        (a)     whether the applicant is capable of operating the children's service having regard to the financial capacity and management capability of the applicant and any other matter the Regulatory Authority considers relevant;

        (b)     the applicant's history of compliance with—

              (i)     this Act, including in relation to any other children's service the applicant operates or has operated; or

              (ii)     the National Law as applying in any participating jurisdiction, including in relation to any education and care service the applicant operates or has operated.

New s. 47 inserted by No. 37/2019 s. 8.