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

(ca)

an incident involving a child has occurred at the early childhood service for which the licence was issued, and the Secretary considers that the incident warrants investigation; or

(d)

the service provider for a licensed early childhood service has not complied with a written direction from the Secretary under these regulations (other than a written direction issued under regulation 54A) within a reasonable time; or

(e)

the service provider for a licensed early childhood service has not complied with a written direction from the Secretary under regulation 54A within the time specified in that direction.

(2)

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

[Revoked]

Regulation 15(1)(ca): inserted, on 30 July 2021, by regulation 8(1) of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).

Regulation 15(1)(d): replaced, on 30 July 2021, by regulation 8(2) of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).

Regulation 15(1)(e): inserted, on 30 July 2021, by regulation 8(2) of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).

Regulation 15(2): replaced, on 30 July 2021, by regulation 8(3) of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).

Regulation 15(4): revoked, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).