Cancellation for failure of provider to provide care for 3 continuous months
197F Cancellation for failure of provider to provide care for 3 continuous months
The Secretary may cancel the approval of an approved provider if:
all approved child care services of the provider fail to provide child care for a continuous period of 3 months; and
none of the following apply:
the provider’s approval is suspended under section 197AA for any part of the 3 month period;
all approved child care services of the provider are subject to a determination under section 195C that the service need not operate for the period;
the Secretary is satisfied that, because of special circumstances affecting the provider, the provider’s approval should not be cancelled.
If the Secretary cancels the provider’s approval, the Secretary must give the provider notice of the day the cancellation takes effect (which may be earlier than the day the notice is given).
Before cancelling the provider’s approval, the Secretary must request, in writing, that the provider provide within 14 days evidence that the provider is operating a child care service.
The Secretary must have regard to any response to the request in deciding whether to cancel the approval.
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