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  3. Section 2: Applications and Approvals
  4. 1. Provider approval
  5. 1.3 Amending provider approval on application

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1.3 Amending provider approval on application

[  National Law & Regulations, Section 22, Regulation 17 ]

An approved provider may apply to the regulatory authority for an amendment to their provider approval. The application must be in writing and include:

  • the approved provider’s full name and provider approval number
  • the name and contact details for the application
  • details of the amendment applied for
  • sufficient information or documentation to support the application for amendment.

The National Law and Regulations do not specify the type or level of information needed to support an application for an amendment, however information must be sufficient for the regulatory authority to make a decision.

A new provider approval application is required under National Law in almost all instances where it relates to changes to the approved provider’s legal entity status. Generally, if an approved provider changes its legal status, for example where a sole trader becomes a body corporate, they will need to apply for a new provider approval (see Surrender of Provider Approval for more information).

Applications and notifications can be submitted to the regulatory authority online using the National Quality Agenda IT System on the ACECQA website at www.acecqa.gov.au.

Incomplete applications

If an application does not include all the required information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is complete and therefore valid.

For more information refer to Incomplete applications in Application for provider approval.

Timeframe for assessing an application

A decision must be made within 30 calendar days of the regulatory authority receiving a complete application.

Calculating time

The National Law sets out how timeframes are calculated at schedule 1, clause 31. An application cannot begin to be processed unless the application is complete/valid and includes all the required information.

For more information refer to Calculating time in Application for provider approval.

Considering an application

[  National Law, Section 42 ]

The regulatory authority may only amend a provider approval after consulting with the regulatory authority of each jurisdiction where the provider operates an education and care service. This includes the regulatory authority which granted the provider approval. Failure to consult other regulatory authorities does not affect the validity of the regulatory authority’s decision.

Determining an application

[  National Law, Section 22 ]

Once the regulatory authority has received a complete application, it must decide to:

  • amend the provider approval in the way that was applied for; or
  • amend the provider approval in another way, with the applicant’s written approval; or
  • refuse the amendment of the provider approval.

An amendment may include a change to a condition of the provider approval or introduce a new condition.

Appeals

[  National Law, Section 190 ]

A decision to refuse to amend a provider approval is a reviewable decision under the National Law. Refer to Reviews.

After approval has been amended

[  National Law, Section 24 ]

If the regulatory authority amends the approval, it must give the approved provider a copy. The regulatory authority must also make any necessary amendments to any service approval held by the approved provider and give the approved provider a copy.

The regulatory authority will record these amendments in the National Quality Agenda IT System. ACECQA will publish the national registers on the ACECQA website at www.acecqa.gov.au.