Education and Care Services Act 2013

The chief executive may amend a provider approval at any time without receiving an application from the approved provider for the amendment.

However, the chief executive must first give the approved provider a notice (a show cause notice) stating—

that the chief executive proposes to amend the provider approval; and

the proposed amendment; and

the reasons for the proposed amendment; and

that the approved provider may, within a stated time of at least 30 days, give the chief executive a written response to the proposed amendment.

After considering any response from the approved provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment.

If the chief executive decides not to amend the provider approval, the chief executive must give the approved provider notice of the decision.

At the approved provider’s written request, or with the approved provider’s written agreement, the chief executive may—

amend a provider approval without giving a show cause notice; or

amend a provider approval in a way that has not been stated in a show cause notice; or

amend a provider approval before the expiration of the time stated in a show cause notice for the approved provider’s response to the proposed amendment.

An amendment under this section has effect 14 days after the chief executive gives notice of the amendment to the approved provider or at any later time stated in the notice.