- Home
- Guide to the NQF
- Section 5: Regulatory Authority Powers
- 8. Serving notices
Table of contents
- Guide to the NQF
- Icons legend
- Section 1: Introduction
- Section 2: Applications and Approvals
- Section 3: National Quality Standard and Assessment and Rating
- Section 4: Operational Requirements
-
Section 5: Regulatory Authority Powers
- 1. Monitoring
- 2. Compliance tools
- 3. Enforceable undertakings
- 4. Amendment of approval – Conditions
- 5. Suspensions and cancellations
- 6. Cancellation of service approval
- 7. Cancellation of provider approval
- 8. Serving notices
- 9. Publishing information about enforcement actions
- 10. Powers of regulatory authorities
- 11. Powers of authorised officers
- 12. Conducting an investigation
- 13. Offences relating to enforcement
- 14. Complaints
- 15. Good regulatory practice
- Section 6: Reviews
- Section 7: Glossary
- Guide to the NQS reference list
Need help using the guide? Visit our help section.
8. Serving notices
[ National Law, Section 293 ]
The table below sets out notices that are required or permitted to be served on an individual or an entity, under the National Law.
|
Individuals |
Person other than an individual |
|
Delivering it personally to the individual |
|
|
Posting or delivering it to the address provided by the individual for the purpose of accepting notices, or the last known address of the residence or business of the individual |
Posting or leaving it at the address provided by the person for the purpose of accepting notices, or the address of the head office, a registered office or the principle place of business of the person |
|
Faxing it to a number provided by the individual for the purpose of accepting notices |
Faxing it to a number provided by the person for the purpose of accepting notices |
|
Emailing it to an address provided by the individual for the purpose of accepting notices. |
Emailing it to an address provided by the person for the purpose of receiving the notice. |
[ National Law, Section 294 ]
A tribunal or court may authorise a different way of serving a notice.
Where a notice is authorised or required to be served by post, service of the notice:
- may be effected by properly addressing, prepaying and posting a letter containing the document
- in Australia or an external Territory, is taken to have been effected on the fourth day after the letter was posted (unless there is sufficient evidence to create doubt)
- in another place, is taken to have been effected at the time when the letter would have been delivered in the ordinary course of the post (unless there is sufficient evidence to create doubt).
If a notice is served by post, the regulatory authority must allow enough time for delivery.
The regulatory authority should keep evidence of postage, such as a receipt or tracking number. Using registered post which requires the recipient to sign upon receipt is recommended.