New South Wales Consolidated Acts

CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 34

34 Effect of cancellation

(1) Subject to this section, if a provider approval is cancelled under section 33 of this Law as applying in any participating jurisdiction, all service approvals held by the person who was the approved provider are also cancelled.

(2) A cancellation under subsection (1) applies to both education and care services and any associated children's services.

(3) A service approval is not cancelled under subsection (1) if before that cancellation a person is approved under section 41 to manage or control the education and care service.

(4) A service approval is cancelled if a person referred to in subsection (3) ceases to manage or control the service.

(5) A provider whose provider approval is to be cancelled under section 33 may apply to the Regulatory Authority under Part 3 for consent to transfer a service approval held by the provider.

(6) The application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made.

(7) If an application for consent to transfer is made, the service approval is suspended until the Regulatory Authority determines the application.

(8) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer specify a later date.

(9) If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent.