2.4 Amendment of service approval without application

[  National Law, Section 55 ]

The regulatory authority may amend a service approval at any time without an application from the approved provider. Amendment of a service approval may include varying a condition or imposing a new condition on a service approval.

Regulatory authorities may amend a service approval to reflect a change to the location of the principal office of a family day care service. See Operational Requirements – Governance and leadership for information about providers’ obligations to notify the regulatory authority.

After approval has been amended

[  National Law, Section 57 ]

The regulatory authority must give the approved provider written notice of the amendment. Amendment takes effect 14 calendar days after the approved provider is notified, or at the end of another period specified by the regulatory authority.

At the request of a relevant children’s services regulator, the regulatory authority must amend a service approval that relates to an associated children’s service, provided the request accords with the relevant children’s services law.

If the regulatory authority amends the service approval, it must give a copy to the approved provider.

Appeals

[  National Law, Section 190 ]

A decision to amend a service approval is a reviewable decision under the National Law (see Reviews).

Application for amendment to a service approval for family day care service

 [ National Regulations, Regulation 34 ] 

An application for an amendment to a service approval for a family day care service that includes a request for approval of a place as a family day care venue must also include:

• whether the venue is proposed to be located within a multi-storey building shared with other occupants
• on which storey(s) the proposed venue is proposed to be located
• if the venue is proposed to be located on more than one storey, the ages of the children on each storey
• the total number of storeys in the multi-storey building. 

As part of the regulatory authority’s assessment of an application for an amendment to a family day care service approval, the regulatory authority must consider the assessment (including any risk assessment) of the venue conducted by the approved provider to ensure that the health, safety and wellbeing of children being educated and cared for by the service are protected under regulation 116. As part of this assessment (including any risk assessment) for a residence or venue located in a multi-storey building shared with other occupants, the approved provider must consider for each storey on which the residence or venue is located, whether there is direct egress to an assembly area that allows the safe evacuation of children, including any infants and non-ambulatory children.