Education (Early Childhood Services) Regulations 2008

33 Amendment of licences

(1)

The service provider for a licensed early childhood service must apply to the Secretary for an amendment to the licence if—

(a)

the service provider wants to make any alterations to the service that would affect the conditions of the licence; or

(b)

the service provider wants to make any changes to the operation of the service that would make any matter specified in the licence incorrect; or

(c)

the service provider wants to make any change in the identity of the service provider operating the licensed early childhood service.

(2)

If subclause (1) applies, the Secretary must review the licence and, as seems appropriate, confirm it, suspend or cancel it, amend any of the particulars specified in it, or decline to amend the licence.

(3)

The service provider who operates a licensed early childhood service must apply to the Secretary for an amendment to the licence if—

(a)

the person named in the licence as the contact person ceases to represent the service provider in relation to the service; or

(b)

the licensed service provider wants any new person to become the contact person.

(4)

If subclause (1)(c) applies, and the Secretary is satisfied that any proposed person is a fit and proper person (within the meaning of regulation 8) to hold a licence, the Secretary must review the licence and, as seems appropriate, confirm the licence, suspend or cancel it under these regulations, amend any of the particulars specified in it, or decline to amend the licence.

(4A)

In reviewing a licence under subclause (4), the Secretary may consider, to the extent relevant, any matter referred to in regulations 11(1) and 13.

(5)

A licence may not—

(a)

be amended under this regulation to authorise the service provider to move to new premises; or

(b)
[Revoked]

(c)
[Revoked]

(d)

in the case of a transitional licence, be cancelled under this regulation.

Regulation 33(1)(c): replaced, on 1 February 2022, by regulation 13(1) of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).

Regulation 33(2): amended, on 1 February 2022, by regulation 13(2) of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).

Regulation 33(4): amended, on 1 February 2022, by regulation 13(3) of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).

Regulation 33(4A): inserted, on 1 February 2022, by regulation 13(4) of the Education (Early Childhood Services) Amendment Regulations 2021 (LI 2021/169).

Regulation 33(5)(b): revoked, on 1 February 2009, by regulation 15 of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).

Regulation 33(5)(c): revoked, on 1 February 2009, by regulation 15 of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).