Education (Early Childhood Services) Regulations 2008

Cancellation

32 Cancellation of licences

(1)

Subject to subclause (2), the Secretary must, by notice in the Gazette, cancel the licence for an early childhood service if the Secretary is satisfied that—

(a)

in the case of a centre, children have attended the centre while its licence is suspended; or

(b)

a reasonable time has passed since the suspension of the service’s licence, and the conditions specified in the notice effecting the suspension have not been complied with; or

(c)

the service provider operating the service has been convicted of an offence against these regulations or an offence involving harm to children, violence, or fraud; or

(d)

the service—

(i)

has permanently ceased to operate; or

(ii)

has ceased to be an early childhood service; or

(iii)

if applicable, has ceased to operate in the premises specified in the licence and has not been issued with a temporary relocation licence; or

(e)

the service provider for a licensed early childhood service—

(i)

has previously had a probationary or full licence reclassified as a provisional licence (unless the licence was reclassified on a ground listed in regulation 15(1)(c) or (ca) and the Secretary was not in that case satisfied that non-compliance with these regulations had occurred); and

(ii)

is currently not compliant with 1 or more of the following:

(A)

the curriculum standard: general set out in regulation 43:

(B)

the qualifications, ratios, and service-size standard: general set out in regulation 44:

(C)

the premises and facilities standard: general set out in regulation 45:

(D)

the health and safety practices standard: general set out in regulation 46:

(E)

the governance, management, and administration standard: general set out in regulation 47; and

(iii)

is not likely to comply with those standards in the future.

(2)

The Secretary may not cancel a licence under subclause (1) unless—

(a)

the Secretary has taken all reasonable steps to give the licensed service provider for the licensed early childhood service concerned notice of the Secretary’s intention to do so; and

(b)

either—

(i)

the Secretary has not been able to do so; or

(ii)

the Secretary has taken into account all representations received from the service provider within a reasonable time of the service provider being given notice.

(3)

A person who has custody of a licence and becomes aware that it has been cancelled under this regulation must give it to the Secretary.

(4)

[Revoked]

Regulation 32(1)(e): inserted, on 1 February 2022, by regulation 12 of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).

Regulation 32(4): revoked, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).