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COMMONWEALTHAct
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s 197A

Immediate suspension after Secretary’s decision

In force
Volume 2Parts 6 to 10 (sections 153 to 235)
Part 8Approval of provider of child care services
Division 4Suspension, variation and cancellation of approval

197A Immediate suspension after Secretary’s decision

(1)

The Secretary may suspend the approval of an approved provider, or the approval of an approved provider in respect of one or more services, if the Secretary reasonably believes that:

(a)

the provider is not complying with subsection 195A(4) (compliance with Commonwealth, State and Territory laws); or

(b)

there is an imminent threat to the health or safety of a child because of the care provided by an approved child care service of the provider; or

(c)

due to urgent circumstances, it is no longer appropriate for one or more approved child care services of the provider to provide child care; or

(d)

due to urgent circumstances, it is no longer appropriate for the provider to administer payments under the family assistance law.

(2)

If the Secretary suspends the provider’s approval or suspends the provider’s approval in respect of one or more services, the Secretary must give the provider notice of:

(a)

the day the suspension takes effect (which must not be earlier than the day the notice is given); and

(b)

the grounds for the suspension.

(3)

The Secretary may revoke the suspension.

(4)

If the Secretary revokes the suspension, the Secretary must give notice to the provider that the Secretary has done so. The notice must specify the day the revocation takes effect (which may be earlier than the day the revocation was done).

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