Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
Regulation 4 amends regulation 5, which relates to applications for licences, to clarify that an application fee must be paid when an application for a licence is made and that the fee is non-refundable.
Regulation 5 amends regulation 7, which requires an application for a licence to be accompanied by a statutory declaration made by the applicant in respect of certain matters. The amendment requires the declaration to set out whether the applicant has previous involvement in the provision of education and care services for which the application for a licence under certain revoked regulations referred to in section 319N of the Education Act 1989 has been refused.
Regulation 6 amends regulation 8, which specifies criteria for determining whether an applicant is a fit and proper person to be involved in the management of a service provider. The amendment allows the Secretary for Education (the Secretary) to continue to consider past refusals to grant applications under certain revoked regulations referred to in section 319N of the Education Act 1989 when determining whether the applicant is a fit and proper person.
Regulation 7 amends regulation 11, which relates to the grant of a probationary licence, to allow the Secretary to have regard to any other information the Secretary considers relevant when deciding whether to grant the licence.
Regulation 8 amends regulation 15, which allows the Secretary to reclassify a licence as a provisional licence, to enable the Secretary to make a reclassification following an incident at a licensed service, whether or not there has been a complaint. In addition, regulation 8 replaces regulation 15(2) to reflect current operational practice relating to the physical form of licences.
Regulation 11 amends regulation 31, which relates to the effects and consequences of suspending a licence, to provide that all suspensions of licences under regulation 30 may take effect on a day specified in the notice effecting it, and may be immediate.
Regulation 12 inserts new regulation 32(1)(e), which allows a licence to be cancelled where a service provider has previously held a provisional licence in respect of the licensed service and is currently not compliant with the requirements of their licence, and the Secretary is satisfied that the service or service provider is not likely to comply in the future.
Regulation 13 amends regulation 33, which relates to the amendment of licences. The amendments require a service provider to apply for an amendment to a licence in advance of any change in the identity of the service provider, and allow the Secretary to consider any matters referred to in regulations 11(1) and 13 in reviewing the application for a licence amendment. The amendments also clarify that the Secretary may decline to amend a licence.
Regulation 14 inserts new regulation 54A, which allows the Secretary to direct a service provider to remedy an immediate health and safety risk. If the service provider fails to comply with that direction, the Secretary may reclassify the licence as a provisional licence under regulation 15 or suspend the licence under regulation 30.
Regulation 15 replaces Schedule 1 with the new Schedule 1 set out in the Schedule of these regulations to clarify the qualification and certification requirements for certain persons responsible for, or operating within, a licensed service.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 1 July 2021.
These regulations are administered by the Ministry of Education.