Education and Care Services Act 2013

This section applies if a service approval is held by an approved provider who is an individual and the individual dies.

However, this section does not apply if the individual who dies became an approved provider under this section because the individual was the personal representative of the estate of an approved provider.

For 6 months from the date of death (the transitional approval period), the personal representative of the individual’s estate is taken to be the approved provider holding—

the provider approval (a deemed approval); and

any service approval held under the provider approval (also a deemed approval).

To remove any doubt, it is declared that the chief executive may take action under this Act relating to a deemed approval.

Subsection (3) applies subject to—

any earlier transfer, suspension, cancellation or surrender of the service approval under this Act; and

any earlier suspension, cancellation or surrender of the deemed approval under this Act; and

any extension, or earlier ending, of the transitional approval period under this section.

Also, subsection (3) does not apply if the personal representative is a disqualified person.

The personal representative may apply in writing to the chief executive for an extension of the transitional approval period.

On receiving the application, the chief executive may extend the transitional approval period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances.

The transitional approval period ends unless, within 30 days after the individual’s death, the personal representative—

holds a working with children authority; or

has made a working with children check (exemption) application and the application has not been decided or withdrawn.

The personal representative does not commit an offence against the Working with Children Check Act 2000, section 176B by operating the QEC service under the service approval without a working with children clearance—

during the first 30 days of the transitional approval period; and

if the personal representative makes a working with children check application within the first 30 days of the transitional approval period and does not withdraw the application—until the application is decided.

The personal representative does not commit an offence against the Working with Children Check Act 2000, section 176G by operating the QEC service under the service approval without a working with children exemption during the first 30 days of the transitional approval period.

A person who holds the service approval under this section in the person’s capacity as personal representative may transfer the approval to himself or herself, in his or her personal capacity, under part 3, division 5.