Application assessment

Once all prescribed information has been received, this information is assessed.

Under the National Law and Regulations, the NSW Department of Education, as the NSW Regulatory Authority, has a 90 day timeline for processing service approval applications. This timeline is paused if we need to ask for further information to assess an application.

The NSW Regulatory Authority may undertake enquiries and investigations, including any enquiries about previous approvals, regarding the history of compliance and quality of other services under any provider approval, and an assessment of policies and procedures for the proposed service.

The NSW Regulatory Authority applies a risk-based approach to the approvals process. Part of this process may require the person(s) with management or control to attend an online knowledge assessment and/or interview with NSW Regulatory Authority staff.

Pre-approval visit

Following receipt of all the prescribed information and an assessment of the service application, a pre-approval visit may be arranged to inspect the service premises.

At this stage, all construction must be complete, and the service must be ready and equipped to provide education and care.

The pre-approval visit is to ensure the premises are safe and children have a quality learning environment. More information is provided to each applicant about what will be inspected when the visit is being arranged.

The department aims to make a decision on all applications as soon as possible and within 90 days of receipt of a complete application. The department strongly encourages applicants to factor in the maximum timeframe in their planning.

An existing service approval can be transferred between 2 approved providers under Division 3 of the National Law. However the NSW Regulatory Authority may intervene in a transfer if it determines there are risks as outlined in section 62(1) of the National Law.

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