CHILDREN'S SERVICES ACT 1996 - SECT 62 Transfer may be subject to intervention by Regulatory Authority

CHILDREN'S SERVICES ACT 1996 - SECT 62

    (1)     The Regulatory Authority may intervene in a transfer of a service approval if the Regulatory Authority is concerned as to any of the following matters—

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

        (b)     the receiving approved provider's history of compliance with—

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

              (ii)     the National Law as applying in a participating jurisdiction, including in relation to any education and care service the receiving approved provider operates or has operated;

        (c)     any other matter relevant to the transfer of the service approval.

    (2)     The Regulatory Authority must notify the transferring approved provider and the receiving approved provider of the decision to intervene.

    (3)     Subject to subsection (5), the notice must be given at least 28 days before the date on which the transfer is intended to take effect.

    (4)     A notification under subsection (2) must—

        (a)     be in writing; and

        (b)     include the prescribed information.

    (5)     The period within which notice must be given under subsection (3) does not apply where the Regulatory Authority has not been notified of the intended transfer of a service approval in accordance with section 59.

New s. 63 inserted by No. 37/2019 s. 8.