Transferring a service approval when a centre is sold

Last reviewed: 9 November 2026. Checked against sections 58 to 68 of the Education and Care Services National Law (current Queensland reprint, legislation.qld.gov.au), the Child Care Provider Handbook (November 2026) and the worker retention payment conditions, on 9 November 2026. This is general information, not legal advice for a sale.

Quick answer

A service approval can be transferred to another approved provider (s 58), but only with the regulator’s consent (s 60). Both providers must jointly notify the regulator in writing at least 60 days before the transfer date, with the prescribed information and fee (s 59). Consent is taken to be given unless the regulator gives notice that it will intervene at least 28 days before (s 61, 62). A transfer without consent is void (s 67), and both providers must confirm the transfer to the regulator within 2 days after it takes effect (s 68). Child Care Subsidy approval does not transfer: the buyer needs its own CCS provider and service approval.

The National Law steps and deadlines for transferring a service approval when a childcare centre is sold, what the regulator looks at, and the Child Care Subsidy and funding points buyers miss.

The transfer process and deadlines

Step	Requirement	National Law
Who can receive	Only another approved provider; the transfer includes any associated children’s service approval, and is possible even if an approval is suspended	s 58
Joint notice	Both providers notify the regulator in writing at least 60 days before the intended date (or a shorter period the regulator agrees to in exceptional circumstances), stating the date, with the prescribed information and fee	s 59
Delays	If the date moves, jointly notify the new date as soon as practicable	s 59A
Consent	Required; taken to be given if the regulator has not said it will intervene 28 days before the transfer date	s 60, s 61
Intervention	The regulator may intervene over the buyer’s capability (including financial capacity and management capability), its compliance history, or any other relevant matter; the transfer cannot proceed until written consent, which may carry conditions	s 62 to s 65
Outcome notice	After intervening, the regulator must notify the outcome at least 10 days before the transfer date (consent, refusal with reasons, suspension pending information, or a decision within 28 days)	s 66
Void transfers	A transfer without consent, against the conditions, or to someone other than the notified receiving provider is void	s 67
Earlier date	Only if the regulator agrees that exceptional circumstances exist	s 67A
Confirmation	Both providers give written notice within 2 days after the transfer takes effect; penalty up to $13,500 for an individual or $68,700 otherwise	s 68

The buyer must already hold provider approval; see how to open a childcare centre for the provider approval and fit and proper assessment, and persons with management or control.

Child Care Subsidy and funding

CCS approval belongs to the provider. A buyer must be approved under Family Assistance Law as a provider (if not already) and then for that service type (Provider Handbook).
The seller must notify the Department of Education at least 42 days before it stops operating the service.
If the service is in the worker retention payment program, a new owner applies the fee growth cap from the service’s existing fee baseline (conditions). See the worker retention payment guide.

See Child Care Subsidy provider obligations for enrolment notices and reporting after settlement.

Compliance due diligence for buyers

The service’s current rating, last assessment report and compliance history. See checking a centre’s rating and compliance history.
Any waivers and conditions on the service approval. See waivers.
The policies required by regulation 168 and when each was last reviewed. See the policy review schedule.
Staff records, qualifications, working with children checks and child safety training. See staff records.
Open notifications, incidents and complaints. See NQA ITS notifications.
The nominated supervisor arrangements from day one. See nominated supervisor requirements.

Frequently asked questions

How much notice is needed to transfer a childcare service approval?

The transferring and receiving approved providers must jointly notify the regulatory authority at least 60 days before the transfer is intended to take effect, unless the authority agrees to a shorter period in exceptional circumstances (National Law section 59).

Does the regulator have to approve the sale of a childcare centre?

A service approval cannot be transferred without the regulator's consent. Consent is taken to be given if the regulator has not notified an intention to intervene 28 days before the transfer date (sections 60 to 62).

What happens if a service approval is transferred without consent?

The transfer is void (section 67).

Does Child Care Subsidy approval transfer with the service?

No. The new provider must be approved under Family Assistance Law as a provider and for that service type, and the seller must tell the Department at least 42 days before it stops operating the service.

What must be done after the transfer?

Both providers must give written notice to the regulator within 2 days after the transfer takes effect, specifying the date (section 68).

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This page is a research summary, not legal or compliance advice. It is written in our own words from the sources linked on the page; confirm the position with your regulatory authority before relying on it for a compliance decision.