Education (Early Childhood Services) Regulations 2008

Provisional licences

15 Secretary may reclassify licence as provisional licence

(1)

The Secretary may, by written notice to the service provider for a licensed service, reclassify a probationary licence or a full licence as a provisional licence, if satisfied that—

(a)

the early childhood service for which the licence was issued does not comply with these regulations; or

(b)

the early childhood service for which the licence was issued does not comply with all the conditions subject to which its licence was issued; or

(c)

a complaint has been lodged against the service provider alleging non-compliance with these regulations, and the Secretary considers that the complaint warrants investigation; or

(d)

within a reasonable time after getting a written direction from the Secretary under these regulations, the service provider for a licensed early childhood service has not complied with it.

(2)

If the Secretary reclassifies a licence under subclause (1),—

(a)

the service provider must give the Secretary the licence immediately on receipt of the notice from the Secretary under subclause (1) (except where the reclassification is in respect of a suspended licence); and

(b)

the Secretary must immediately forward to the service provider a provisional licence.

(3)

A written notice of reclassification may be given under subclause (1) at any time until the licence being reclassified has expired (including during any period while the licence remains in force after an application for renewing that licence has been made under regulation 37).

(4)

This regulation and regulations 16 and 17 do not apply in respect of any transitional licence referred to in section 319K(5) or 319L(5) of the Act.