FDC services form bulk of 2020 Cancellation of Provider Approvals by Vic Department

Eleven family day care (FDC) services in Victoria have had their provider approval cancelled thus far in 2020, with the provider type being the most prevalent for cancellations in the enforcement action table published by the Department of Education and Training, which serves as Victoria’s regulatory authority.

Various elements of Section 31 of the National Law were cited as the reason for cancellation of provider approval. 

Section 31 outlines the grounds under which a regulatory authority may cancel a provider approval, such as: 

• the approved provider is no longer considered fit and proper to operate an education and care service; 

• there is an unacceptable risk to the health, safety or wellbeing of a child being educated and cared for by the approved provider; 

• the approved provider has not complied with a condition of their provider approval, or has been found guilty of an offence; and, 

• the approved provider has not operated any education and care service for more than 12 months (including any period of suspension). 

Before a regulatory authority takes action to cancel a provider approval, it must: 

• notify the approved provider and provide reasons for the action (a ‘show cause notice’); 

• allow the approved provider to respond in writing to the notification before making its final decision; and,  

• advise the approved provider in writing of the final decision. 

If a provider approval is cancelled or surrendered, all service approvals held by the provider are also cancelled or taken to be surrendered. A cancellation applies to education and care services and any associated children’s services operated by the approved provider. However, the National Law allows the provider to apply for consent to transfer a service approval held by the provider. 

The regulatory authority may direct the approved provider to notify parents of children enrolled in the education and care service/s in writing of the cancellation.

To review the list of compliance actions undertaken in 2020 in Victoria, against service providers of all types, please see here.