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Consequences for breach of conditions for continued approval

Review of decisions

A provider can request an internal review of a decision to suspend or cancel provider or service approval. A provider may also request an internal review of a decision to impose conditions on the provider's approval. Further information regarding review rights will be included in the sanction notice issued to the provider by the Department of Education, Skills and Employment

If an approved provider has not complied, or is not complying, with a condition for continued approval, the Department of Education may do one or more of the following (amongst other things):

  • suspend the provider’s approval
  • cancel the provider’s approval
  • suspend the approval of a service
  • cancel the approval of a service.

In determining what action to take, the department will have regard to the Minister’s Rules, which set out matters to consider in determining:

  • whether to impose a sanction, and
  • if so, which sanction to impose.

Prior to taking the above compliance action, the department will give the provider a notice of its intended action and give the provider the opportunity to provide written submissions.

Action will not generally be taken where there is an honest mistake. If providers are uncertain about how to do something or are concerned that they may have done something incorrectly, they are encouraged to seek advice from the Department of Education.