Education and Care Services Act 2013

The chief executive must decide the application by granting, or refusing to grant, the transfer and must give notice of the decision to both the transferor and transferee.

The chief executive may grant the transfer on conditions the chief executive considers appropriate and must give notice of any conditions to both the transferor and transferee.

Without limiting subsection (2), a condition under subsection (2) may—

include a condition the chief executive could have imposed if the application were an application for a service approval under part 3, division 2; or

include a condition stating the date on which the transfer takes effect; or

apply to the provider approval or the service approval of the transferee.

If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused.

In this section—

the period of 30 days—

starting the day after the application and fee are given to the chief executive; but

if the chief executive asks for information from the transferor or transferee—not including the period starting the day after the chief executive asks for the information until the day the transferor or transferee gives the information to the chief executive; or

any longer period agreed between the chief executive and the transferor or transferee.