Appeal to Minister
s 43
Open ↗43.—(1) The former holder of a licence revoked under section 16 (called the appellant) may appeal to the Minister against the decision of the Chief Licensing Officer under that section to revoke the licence. (2) A licensee (called the appellant) who is aggrieved by any of the following decisions of the Chief Licensing Officer may appeal to the Minister against the decision:(a) any refusal by the Chief Licensing Officer under section 8 to renew the licensee’s licence; (b) any condition imposed by the Chief Licensing Officer on the licensee’s licence under section 10; (c) any modification of any condition of the licensee’s licence under section 11; (d) any provision contained in a code of practice applicable to the licensee that is issued, approved or amended by the Chief Licensing Officer under section 36; (e) any refusal by the Chief Licensing Officer to transfer the licensee’s licence under section 13; (f) any regulatory action taken against the licensee under section 16; (g) any direction given by the Chief Licensing Officer under section 17 or 18; (h) any refusal by the Chief Licensing Officer under section 25 to grant approval for the licensee to perform, or for the deployment of an individual to perform, any of the prescribed duties or prescribed classes of duties at the licensee’s early childhood development centre; (i) any cancellation or suspension of the Chief Licensing Officer’s approval under section 27 for the licensee to perform, or for the deployment of an individual to perform, any of the prescribed duties or prescribed classes of duties at the licensee’s early childhood development centre; (j) any refusal by the Chief Licensing Officer under section 31 to grant approval for the licensee to engage an individual to provide any educational service at the licensee’s early childhood development centre; (k) any cancellation of the Chief Licensing Officer’s approval under section 33 for the licensee to engage an individual to provide any educational service at the licensee’s early childhood development centre. (3) An applicant for a licence (called the appellant) may appeal to the Minister against any refusal by the Chief Licensing Officer under section 8 to grant the applicant the licence. (4) A person (called the appellant) who is aggrieved by any refusal by the Chief Licensing Officer under section 19 to give written consent for that person to act or continue to act as a key appointment holder for any licensee of an early childhood development centre may appeal to the Minister against the refusal. (5) An appeal under this section must be in writing and specify the grounds on which it is made, and be made within a prescribed period after the date of receipt of the decision that is appealed against. (6) The Minister may reject the appeal of an appellant who fails to comply with subsection (5). (7) The Minister may require —(a) a party to the appeal; or (b) a person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the appeal, to provide the Minister with the information or document the Minister requires for the purpose of considering and determining the appeal. (8) A person who is required to provide any information or document under subsection (7) must provide it in such manner and within such period as the Minister may specify. (9) After consideration of an appeal, the Minister may —(a) reject the appeal and confirm the Chief Licensing Officer’s decision; or (b) allow the appeal and substitute or vary the Chief Licensing Officer’s decision. (10) The Minister’s decision on an appeal is final. (11) Every appellant must be notified of the Minister’s decision under subsection (9). (12) An appeal against the Chief Licensing Officer’s decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister, the decision appealed against must be complied with until the determination of the appeal.