Residential Services (Accreditation) Act 2002

The chief executive may cancel the accreditation of a residential service at any time if the chief executive is satisfied—

the accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would not grant the accreditation; or

the service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9, division 2, in a way, or to an extent, that justifies the cancellation; or

the cancellation is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or

for level 2 or 3 accreditation—the service provider has stopped providing the service to which the accreditation relates and it is at least 1 month since the day of cessation; or

for another reason, having regard to the accreditation criteria, the accreditation should be cancelled.

The chief executive must first give the service provider a notice (a show cause notice) stating—

that the chief executive proposes to cancel the accreditation; and

the reasons for the proposed cancellation; and

that the service provider may, within a stated time of at least 28 days, give the chief executive a written response stating why the service provider considers the accreditation should not be cancelled.

After considering any response from the service provider within the time stated in the show cause notice, the chief executive may, by notice given to the service provider, cancel the accreditation.

The cancellation takes effect on the day stated in the notice given under subsection (3).

The stated day of cancellation must be at least 14 days after the notice is given.

If the chief executive decides not to cancel the accreditation, the chief executive must give the service provider notice of the decision.

At the service provider’s written request, or with the service provider’s written agreement, the chief executive may cancel the accreditation of a residential service without complying with subsections (1) to (5).