Approval in principle

For most centre-based services in Victoria the AIP process is governed by:

• National Law – refer to sections 47, 49 and 106-125
• National Regulations – refer to regulations 9A, 25(1)(h) and 46-50.

For occasional care or limited hours services the process is governed by:

• Children’s Services Act – refer to sections 46, 48 and 100A-100T
• Children’s Services Regulations – refer to regulations 6A, 23(1)(i)and 41A-41E.

Anyone can apply for approval in principle (AIP). This including individuals, body corporate and partnerships.

For example:

• developers
• builders
• approved providers.

The application must relate to centre-based education and care services:

• located in a new or existing multi-storey building in Victoria
• needing a building or planning approval or permit for the building’s construction, alteration or repair.

Applications for AIP must be made before a building permit is issued under the Building Act 1993.

Applications must be in writing and include the following information and documents:

• plans, drawings or specifications about the construction, alteration or repair of the premises and building
• soil assessment
• plans prepared by a building practitioner that show:
  • all possible evacuation routes from each storey of the proposed premises
  • the assembly area proposed for evacuation
• a description of:
  • other building occupants or proposed occupants
  • the types of enterprises operating within 50 metres of the proposed premises
• a plan showing direct sunlight received by the proposed premises between 9 am and 3 pm on the winter and summer solstice.

Download the application form:

• application for approval in principle (DOCX, 101KB)
• application for approval in principle (PDF, 1.4MB).

The applicant must also advise:

• the type of centre-based service that will operate in the multi-storey building, or
• whether the service will offer care on a non-regular or ad hoc basis, such as children’s service.

We may also request more information if it is reasonably required to assess the application.

This may include:

• making a site visit
• requesting extra documents or information
• meeting with the applicant.

Application fee

Application fees are updated yearly. For the latest details, see indexed fees.

An invoice for the application fee will be issued after an application is received.

The application is complete when the fee is paid and we receive all required information.

We will refuse your AIP application if we are not satisfied that the proposed premises and site will:

• be suitable for operating an education and care service
• meet the AIP criteria (set out below)
• provide direct access to an assembly area for the safe evacuation of all children.

We may also consider any other relevant matters when assessing your application.

A decision will be made to approve or decline the application. We will provide a written decision, including reasons.

If approved, a copy of the AIP will be provided. You will then be known as the AIP holder.

An AIP is valid for 3 years.

To meet the AIP criteria, the proposed premises must:

• have toilets, washing and drying facilities that are safely designed and easy for children to access
• provide indoor spaces that are well ventilated, have adequate natural light and maintain a safe and comfortable temperature for children
• include nappy change facilities that stop children getting in without an adult (if children who wear nappies attend)
• be designed and maintained to allow children to be supervised at all times, while respecting their rights and dignity.

If AIP is not approved or you do not apply, we will assess all AIP criteria when you apply for service approval.

You must apply for service approval when the service is ready to operate.

A decision will be made within 60 days of receiving a completed application. This period may be extended if the applicant agrees.

Any time taken by the applicant to provide additional information is not included in the 60 days.

The AIP holder must notify us of any material changes to:

• plans, drawings or specifications included in the AIP
• the area around the proposed premises, if it could affect the suitability of the premises.

For example, if a tall building is built next door, it may reduce the natural light inside the premises.

The AIP holder can apply to amend their AIP.

You cannot use an amendment to change the location of the proposed premises. If you want to change the location, you must apply for a new AIP.

We will decide on your application for amendment within 60 days. This period starts when we receive your completed application and amendment fee.

We may ask for further information. Any time taken by you to provide additional information is not included in the 60 days.

We may also amend an AIP without application.

A decision will be made to approve or decline your amended application. We will provide a written decision, including reasons.

The AIP holder can transfer their current AIP to another person.

You must notify us of the transfer and provide a transfer notice signed by both parties.

It is important to note that anyone can apply for and receive an AIP. Only an approved provider can apply for service approval.

A service must have service approval before it can operate, even if an AIP has been approved.

To use an AIP for service approval, the approved provider must be the AIP holder of a current AIP.

We may also transfer an AIP if the AIP holder has passed away or no longer exists.

The AIP holder can apply for an extension of their AIP. This must occur before their AIP expires.

You can extend your AIP for up to 3 years. An extension fee applies.

When deciding on an application to extend an AIP, we must consider whether:

• the construction, alteration or repairs are likely to be completed
• a service approval is likely to be applied for before the new expiry date.

We may also consider:

• previous extensions or reinstatements of the AIP
• whether the proposed premises is being constructed, altered or repaired in line with the AIP.

If an AIP has expired in the last 6 months, the former AIP holder can apply for the AIP to be reinstated. A reinstatement fee applies.

When deciding on an application to reinstate an AIP, we will consider whether:

• the construction, alteration or repairs are likely to be completed
• a service approval is likely to be applied for before the new expiry date.

We may also consider:

• previous extensions or reinstatements of the AIP
• whether the proposed premises is being constructed, altered or repaired in line with the AIP.

A reinstated AIP expires after 12 months. Within this time, the AIP holder may apply for an extension of AIP.

We may cancel an AIP if:

• the proposed service premises, site, or location is no longer suitable for operating an education and care service
• the proposed premises will not be constructed, altered or repaired in line with the AIP.

The AIP holder will have a chance to respond before we make a final decision about cancelling the AIP.