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- Guide to the NQF
- Section 6: Reviews
- 2. External Review
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
- Section 6: Reviews
- Section 7: Glossary
- Guide to the NQS reference list
2. External Review
2.1 Externally reviewable decisions
[ National Law, Section 192 ]
The National Law sets out which decisions made by regulatory authorities are externally reviewable. These are outlined in the table below.
Externally reviewable decisions |
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Made by the regulatory authority as a result of an internal review (other than in relation to the issue of a compliance direction or compliance notice) |
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To suspend a provider approval or service approval after the show cause process |
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To cancel a provider approval or service approval after the show cause process |
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To direct an approved provider of a family day care service to suspend the education and care of children by a family day care educator |
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To give a prohibition notice or to refuse to cancel a prohibition notice. |
A person is not entitled to external review of a decision to suspend or cancel a service approval if that suspension or cancellation relates only to an associated children’s service. Any right of review would be under the relevant children’s services law.
2.2 Application for external review
[ National Law, Section 193 ]
A person who is the subject of an externally reviewable decision may apply to the relevant court or tribunal for a review of the decision (see the Glossary for details of the relevant court or tribunal in each jurisdiction).
The application must be in writing within 30 calendar days after being notified of the decision.
The National Law does not stipulate or limit the grounds on which a person can apply for external review.
An external review conducted by a tribunal is typically a merits review, whereas a review conducted by a court is usually a judicial review.
2.3 Determining an application for external review
[ National Law, Section 193 ]
After hearing the matter, the relevant court or tribunal may:
- confirm the regulatory authority’s decision
- amend the regulatory authority’s decision, or
- make a new decision.
When determining an application for external review, the tribunal or court may consider any decision of a tribunal or court in another state or territory, made under the National Law.