{"id":"nsw:act-2010-104","name":"Children (Education and Care Services National Law Application) Act 2010","slug":"children-education-and-care-services-national-law-application-act-2010","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"104 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30892,"registerId":"nsw-act-2010-104-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Children (Education and Care Services National Law Application) Act 2010](/view/html/inforce/current/act-2010-104).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on a day or days to be appointed by proclamation.\n> \n> > (2) Different days may be appointed under subsection (1) for the commencement of different provisions of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Children (Education and Care Services) National Law (NSW) means the provisions applying in this jurisdiction because of section 4.\n> \n> > (2) Terms used in this Act and also in the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria have the same meanings in this Act as they have in that Law.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Adoption of National Law","content":"# Part 2 Adoption of National Law\n\nPart 2 Adoption of National Law","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Adoption of Education and Care Services National Law","content":"#### 4 Adoption of Education and Care Services National Law\n\n4 Adoption of Education and Care Services National Law\n\n> > (1) The Education and Care Services National Law, as in force from time to time, set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria—\n> > \n> > > (a) applies as a law of this jurisdiction, with the modifications set out in Schedule 1, and\n> > \n> > > (b) as so applying may be referred to as the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), and\n> > \n> > > (c) so applies as if it were part of this Act.\n> \n> > (2) If, after the commencement of this subsection, the Parliament of Victoria amends the Schedule to the Education and Care Services National Law Act 2010 of Victoria, the amendment (the Victorian amendment) does not apply in New South Wales until a regulation is made applying the Victorian amendment, with or without modification, to the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> > (3) A regulation made under subsection (2) applying a Victorian amendment with modification may, for that purpose, make a consequential amendment to this Act, Schedule 1, including a NSW provision.\n> > \n> > Example—\n> > \n> > A regulation made under subsection (2) may omit a NSW provision because the Victorian amendment provides for the same matter on a national basis.\n> \n> **s 4:** Am 2025 No 56, Sch 2\\[1\\]; 2025 No 68, Sch 1\\[1\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"#### 5 Exclusion of legislation of this jurisdiction\n\n5 Exclusion of legislation of this jurisdiction\n\n> > (1) Subject to subsection (1A), the following Acts of this jurisdiction do not apply to the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a) or to instruments made under that Law—\n> > \n> > > (a) the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052),\n> > \n> > > (b) the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071),\n> > \n> > > (c) the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015),\n> > \n> > > (d) the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133),\n> > \n> > > (e) the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).\n> \n> > (1A) The following provisions apply to NSW regulations made under the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)—\n> > \n> > > (a) the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), Parts 6 and 6A,\n> > \n> > > (b) the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), sections 3, 4, 7 and 8 and Schedule 1.\n> \n> > (2) The following Acts of this jurisdiction do not apply to the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a) or to instruments made under that Law, except to the extent that the Law and those instruments apply to the Regulatory Authority and the employees, decisions, actions and records of the Regulatory Authority—\n> > \n> > > (a) the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055),\n> > \n> > > (b) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068),\n> > \n> > > (c) the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152),\n> > \n> > > (d) the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> > (3) However, Part 4 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025) does apply in respect of approved education and care services under the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> **s 5:** Am 2011 No 70, Sch 2.5 \\[1\\]; 2017 No 22, Sch 4.4 \\[1\\]; 2018 No 70, Sch 4.17\\[1\\] \\[2\\]; 2019 No 25, Sch 5.9; 2025 No 68, Sch 1\\[2\\] \\[3\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application of State Records Act 1998","content":"#### 6 Application of State Records Act 1998\n\n6 Application of [State Records Act 1998](/view/html/inforce/current/act-1998-017)\n\n> To avoid any doubt, it is declared that the [State Records Act 1998](/view/html/inforce/current/act-1998-017) applies to the Regulatory Authority for this jurisdiction and its records.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction","content":"#### 7 Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction\n\n7 Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction\n\n> In the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)—\n> \n> child protection law means the following—\n> \n> > (a) the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) and regulations made under that Act,\n> \n> > (b) the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), Parts 6 and 8 and regulations made under the parts.\n> \n> de facto relationship means a relationship between 2 persons who are de facto partners of each other within the meaning of section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> local authority means a council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> magistrate means a Judge within the meaning of the [Local Court Act 2007](/view/html/inforce/current/act-2007-093).\n> \n> public authority means a public authority of the State, and includes a State owned corporation within the meaning of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) and a subsidiary of a public authority or State owned corporation, but does not include a council, county council or joint organisation within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> registered teacher means a teacher who is accredited under the [Institute of Teachers Act 2004](/view/html/inforce/current/act-2004-065).\n> \n> superior court means the Supreme Court of New South Wales.\n> \n> this jurisdiction means New South Wales.\n> \n> **s 7:** Am 2017 No 65, Sch 2.4; 2023 No 35, Sch 1.4; 2025 No 61, Sch 2.10.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Relevant tribunal or court","content":"#### 8 Relevant tribunal or court\n\n8 Relevant tribunal or court\n\n> For the purposes of the definition of relevant tribunal or court in section 5 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)—\n> \n> > (a) the District Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of section 181 of that Law, and\n> \n> > (b) the Civil and Administrative Tribunal is declared to be the relevant tribunal or court for this jurisdiction for the purposes of Part 8 of that Law.\n> \n> **s 8:** Am 2013 No 95, Sch 2.26.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Regulatory Authority","content":"#### 9 Regulatory Authority\n\n9 Regulatory Authority\n\n> For the purposes of the definition of Regulatory Authority in section 5 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), the Secretary of the Department of Education is declared to be the Regulatory Authority for this jurisdiction for the purposes of that Law.\n> \n> **s 9:** Subst 2011 No 70, Sch 2.5 \\[2\\]. Am 2017 No 22, Sch 4.4 \\[2\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Children’s services law","content":"#### 10 Children’s services law\n\n10 Children’s services law\n\n> > (1) For the purposes of the definition of children’s services law in section 5 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), each of the following is declared to be a children’s services law for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)—\n> > \n> > > (a) the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070),\n> > \n> > > (b) the regulations made under that Act.\n> \n> > (2) For the purposes of the definition of children’s services regulator in section 5 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), the Secretary of the Department of Education is declared to be a children’s services regulator for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> **s 10:** Subst 2011 No 70, Sch 2.5 \\[3\\]. Am 2017 No 22, Sch 4.4 \\[2\\].","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Education law","content":"#### 11 Education law\n\n11 Education law\n\n> For the purposes of the definition of education law in section 5 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), the following Acts and the regulations made under those Acts are declared to be an education law for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)—\n> \n> > (a) the [Education Act 1990](/view/html/inforce/current/act-1990-008),\n> \n> > (b) the [Institute of Teachers Act 2004](/view/html/inforce/current/act-2004-065),\n> \n> > (c) the [Teaching Service Act 1980](/view/html/inforce/current/act-1980-023),\n> \n> > (d) the [Technical and Further Education Commission Act 1990](/view/html/inforce/current/act-1990-118),\n> \n> > (e) the [Education (School Administrative and Support Staff) Act 1987](/view/html/inforce/current/act-1987-240).\n> \n> **s 11:** Am 2011 No 70, Sch 2.5 \\[4\\].","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Former education and care services law","content":"#### 12 Former education and care services law\n\n12 Former education and care services law\n\n> For the purposes of the definition of former education and care services law in section 5 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), the following provisions of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) are declared to be a former education and care services law for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)—\n> \n> > (a) Chapters 12 and 12A of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157),\n> \n> > (b) Chapters 1, 2, 15, 16 and 17 and Schedule 3 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) in so far as they relate to Chapters 12 and 12A of that Act,\n> \n> > (c) the regulations made under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) in so far as they relate to a provision referred to in paragraph (a) or (b).\n> \n> **s 12:** Am 2011 No 70, Sch 2.5 \\[5\\].","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Infringements law","content":"#### 13 Infringements law\n\n13 Infringements law\n\n> For the purposes of the definition of infringements law in section 5 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), the [Fines Act 1996](/view/html/inforce/current/act-1996-099) and the regulations made under that Act are declared to be an infringements law for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Public sector law","content":"#### 14 Public sector law\n\n14 Public sector law\n\n> For the purposes of the definition of public sector law in section 5 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) and the regulations and rules made under that Act are declared to be a public sector law for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> **s 14:** Am 2017 No 22, Sch 4.4 \\[3\\].","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Working with children law","content":"#### 15 Working with children law\n\n15 Working with children law\n\n> For the purposes of the definition of working with children law in section 5 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) and the regulations made under that Act are declared to be a working with children law for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> **s 15:** Am 2013 No 31, Sch 3.3.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Penalty at end of provision","content":"#### 16 Penalty at end of provision\n\n16 Penalty at end of provision\n\n> In the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), a penalty specified at the end of a provision indicates that a contravention of the provision is punishable on conviction by a penalty not more than the specified penalty.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Transitional","content":"#### 17 Transitional\n\n17 Transitional\n\n> > (1) For the purposes of the definition of declared approved family day care service in section 305 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), a family day care children’s service that was an approved children’s service under Chapter 12 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is declared to be a declared approved family day care service for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> > (2) For the purposes of the definition of declared approved provider in section 305 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), a person who was a licensed service provider under Chapter 12 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is declared to be a declared approved provider for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> > (3) For the purposes of the definition of declared approved service in section 305 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), a children’s service that held a children’s service approval under Chapter 12 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is declared to be a declared approved service for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> > (4) For the purposes of the definition of declared certified supervisor in section 305 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), a person who was an authorised supervisor under Chapter 12 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is declared to be a declared certified supervisor for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> > (5) For the purposes of the definition of declared compliance notice in section 305 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), a compliance notice under Chapter 12 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is declared to be a declared compliance notice for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> > (6) For the purposes of the definition of declared enforceable undertaking in section 305 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), a written undertaking in force under section 219X of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is declared to be a declared enforceable undertaking for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> > (7) For the purposes of the definition of declared nominated supervisor in section 305 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), a person who was an authorised supervisor under Chapter 12 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is declared to be a declared nominated supervisor for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> > (8) For the purposes of the definition of declared out of scope service in section 305 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), an out of school hours care service under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is declared to be a declared out of scope service for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> \n> > (9) For the purposes of the definition of former approval in section 305 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), a children’s services approval under Chapter 12 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is declared to be a former approval for this jurisdiction for the purposes of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).","sortOrder":18},{"sectionNumber":"17A","sectionType":"section","heading":"Modification of transitional provisions","content":"#### 17A Modification of transitional provisions\n\n17A Modification of transitional provisions\n\n> Section 316 of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a) is taken to include the following provision, inserted as section 316(3)—\n> \n> > > (3) Subsection (1) also ceases to apply if—\n> > > \n> > > > (a) the approved provider for the service does not nominate a declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority, or\n> > > \n> > > > (b) the approved provider for the service nominates another declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority.\n> \n> **s 17A:** Ins 2011 No 70, Sch 2.5 \\[6\\].","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Application of Industrial Relations (Commonwealth Powers) Act 2009","content":"#### 18 Application of Industrial Relations (Commonwealth Powers) Act 2009\n\n18 Application of [Industrial Relations (Commonwealth Powers) Act 2009](/view/html/inforce/current/act-2009-115)\n\n> An employee of the National Authority is not a State public sector employee for the purposes of the [Industrial Relations (Commonwealth Powers) Act 2009](/view/html/inforce/current/act-2009-115).","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n19 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Savings and transitional regulations","content":"#### 20 Savings and transitional regulations\n\n20 Savings and transitional regulations\n\n> > (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—\n> > \n> > > this Act\n> \n> > (2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.\n> \n> > (3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Review of amendments made by amendment Act","content":"#### 21 Review of amendments made by amendment Act\n\n21 Review of amendments made by amendment Act\n\n> > (1) The NSW Minister must review the amendments made by the amendment Act to determine whether—\n> > \n> > > (a) the policy objectives of the amendments remain valid, and\n> > \n> > > (b) the terms of the amendments remain appropriate for achieving the objectives.\n> \n> > (2) The review must be undertaken as soon as practicable after the period of 12 months from the date of assent to the amendment Act.\n> \n> > (3) A report on the outcome of the review must be tabled in each House of Parliament within 2 years after the date of assent to the amendment Act.\n> \n> > (4) In this section—\n> > \n> > amendment Act means the [Children (Education and Care Services National Law Application) Amendment Act 2025](/view/pdf/asmade/act-2025-68).\n> \n> **s 21:** Subst 2025 No 68, Sch 1\\[5\\].","sortOrder":24},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Modification of Education and Care Services National Law","content":"# Schedule 1 Modification of Education and Care Services National Law\n\nSchedule 1 Modification of Education and Care Services National Law\n\nsection 4(a)\n\n**sch 1:** Ins 2025 No 56, Sch 2\\[2\\]. Am 2025 No 68, Sch 1\\[6\\]–\\[9\\]","sortOrder":25},{"sectionNumber":"1A","sectionType":"section","heading":"Section 4 How functions to be exercised","content":"#### 1A Section 4 How functions to be exercised\n\n\\[1A\\] Section 4 How functions to be exercised\n\n> Omit “section 3”. Insert instead “sections 3 and 3A”.","sortOrder":28},{"sectionNumber":"1B","sectionType":"section","heading":"Section 4(2)–(4)","content":"#### 1B Section 4(2)–(4)\n\n\\[1B\\] Section 4(2)–(4)\n\n> Insert at the end of section 4—\n> \n> > > (2) If there is a conflict between the interests of an approved provider and the rights and best interests of a child or the children to whom the approved provider provides education and care, the rights and best interests of the child or children must prevail.\n> > \n> > > (3) Without limiting subsection (2), a person with management or control of an education and care service must place the rights and best interests of a child or the children to whom the education and care service provides education and care above—\n> > > \n> > > > (a) the person’s other duties as a person with management or control of the education and care service; or\n> > > \n> > > > (b) the other interests of the education and care service.\n> > \n> > > (4) Subsections (2) and (3) and section 3A are declared to be Corporations legislation displacement provisions for the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 5G in relation to the provisions of the Corporations legislation generally.\n> > > \n> > > Note—\n> > > \n> > > The [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 5G enables a State to displace the operation of the provisions of the Corporations legislation of the Commonwealth in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for that section.\n> > > \n> > > Note—\n> > > \n> > > Subsections (2)–(4) are additional NSW provisions.","sortOrder":29},{"sectionNumber":"1C","sectionType":"section","heading":"Section 5 Definitions","content":"#### 1C Section 5 Definitions\n\n\\[1C\\] Section 5 Definitions\n\n> Insert in alphabetical order in section 5(1)—\n> \n> > emergency action notice means a notice under section 179;\n> > \n> > Note—\n> > \n> > This definition is an additional NSW provision.\n> > \n> > enforceable undertaking means an undertaking under section 179A;\n> > \n> > Note—\n> > \n> > This definition is an additional NSW provision.\n> > \n> > large child care provider—\n> > \n> > > (a) has the same meaning as in the [A New Tax System (Family Assistance) (Administration) Act 1999](http://www.legislation.gov.au/) of the Commonwealth; and\n> > \n> > > (b) includes a person prescribed by the NSW regulations;\n> > \n> > Note—\n> > \n> > This definition is an additional NSW provision.\n> > \n> > NSW Minister means the Minister administering this Law as applying in New South Wales and includes a reference to another Minister who is acting on behalf of that Minister;\n> > \n> > Note—\n> > \n> > This definition is an additional NSW provision.\n> > \n> > NSW provision means—\n> > \n> > > (a) a provision that forms part of this Law because of a modification made by the [Children (Education and Care Services National Law Application) Act 2010](/view/html/inforce/current/act-2010-104); or\n> > \n> > > (b) a NSW regulation;\n> > \n> > Note—\n> > \n> > This definition is an additional NSW provision.\n> > \n> > NSW regulation means a regulation made under section 301A;\n> > \n> > Note—\n> > \n> > This definition is an additional NSW provision.\n> > \n> > related provider, of an approved provider, means an entity that is—\n> > \n> > > (a) a related provider under the [A New Tax System (Family Assistance) (Administration) Act 1999](http://www.legislation.gov.au/) of the Commonwealth, section 4A(3); or\n> > \n> > > (b) deemed by the Regulatory Authority to be a related provider under section 5B;\n> > \n> > Note—\n> > \n> > This definition is an additional NSW provision.\n> > \n> > supervision notice means a notice given under section 178A(4)(c)(i);\n> > \n> > Note—\n> > \n> > This definition is an additional NSW provision.\n> > \n> > suspension notice means a notice given under section 178(4)(c)(i);\n> > \n> > Note—\n> > \n> > This definition is an additional NSW provision.","sortOrder":30},{"sectionNumber":"1E","sectionType":"section","heading":"Section 5AA","content":"#### 1E Section 5AA\n\n\\[1E\\] Section 5AA\n\n> Insert after section 5—","sortOrder":31},{"sectionNumber":"1F","sectionType":"section","heading":"Sections 5B and 5C","content":"#### 1F Sections 5B and 5C\n\n\\[1F\\] Sections 5B and 5C\n\n> Insert after section 5A—","sortOrder":33},{"sectionNumber":"1G","sectionType":"section","heading":"Section 10 Application for provider approval","content":"#### 1G Section 10 Application for provider approval\n\n\\[1G\\] Section 10 Application for provider approval\n\n> Omit section 10(1). Insert instead—\n> \n> > > (1) A person, other than the following persons, may apply to the Regulatory Authority for a provider approval—\n> > > \n> > > > (a) a prescribed ineligible person;\n> > > \n> > > > (b) a person who has, in the previous 12 months, received a notice under section 16 that the Regulatory Authority has refused to grant the person a provider approval, unless the Regulatory Authority has notified the person that the person may apply for a provider approval within 12 months after receiving the notice;\n> > > \n> > > > (c) a person who has, in the previous 12 months, received a notice under section 50 that the Regulatory Authority has refused to grant the person a service approval, unless the Regulatory Authority has notified the person that the person may apply for a provider approval within 12 months after receiving the notice.\n> > > \n> > > Note—\n> > > \n> > > This subsection is a substituted NSW provision.","sortOrder":36},{"sectionNumber":"1I","sectionType":"section","heading":"Section 19(4)","content":"#### 1I Section 19(4)\n\n\\[1I\\] Section 19(4)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$34,200; or\n> > \n> > > (b) for a large child care provider—$516,600; or\n> > \n> > > (c) otherwise—$172,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":37},{"sectionNumber":"1J","sectionType":"section","heading":"Section 19(5)","content":"#### 1J Section 19(5)\n\n\\[1J\\] Section 19(5)\n\n> Insert after section 19(4)—\n> \n> > > (5) In this section—\n> > > \n> > > related entity includes a related entity within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":38},{"sectionNumber":"1K","sectionType":"section","heading":"Section 31 Grounds for cancellation of provider approval","content":"#### 1K Section 31 Grounds for cancellation of provider approval\n\n\\[1K\\] Section 31 Grounds for cancellation of provider approval\n\n> Insert at the end of the section—\n> \n> > > (2) The Regulatory Authority may also cancel a provider approval if the provider has ceased to operate or exist because the provider—\n> > > \n> > > > (a) has been deregistered under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth; or\n> > > \n> > > > (b) is under administration or in liquidation; or\n> > > \n> > > > (c) is an association whose registration has been cancelled under the Associations Incorporations Act 2009; or\n> > > \n> > > > (d) has otherwise ceased to operate or exist.\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":39},{"sectionNumber":"1L","sectionType":"section","heading":"Section 32 Show cause notice before cancellation","content":"#### 1L Section 32 Show cause notice before cancellation\n\n\\[1L\\] Section 32 Show cause notice before cancellation\n\n> Omit section 32(2)(c). Insert instead—\n> \n> > > (c) that the approved provider may give the Regulatory Authority a written response to the proposed cancellation—\n> > > \n> > > > (i) for a proposed cancellation under section 31(1)—within 30 days after the notice is given; and\n> > > \n> > > > (ii) for a proposed cancellation under section 31(2)—within 14 days after the notice is given.\n> > > \n> > > Note—\n> > > \n> > > This paragraph is a substituted NSW provision.","sortOrder":40},{"sectionNumber":"1M","sectionType":"section","heading":"Section 36 Notice to parents of suspension or cancellation","content":"#### 1M Section 36 Notice to parents of suspension or cancellation\n\n\\[1M\\] Section 36 Notice to parents of suspension or cancellation\n\n> Omit section 36(3), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$10,200; or\n> > \n> > > (b) for a large child care provider—$154,800; or\n> > \n> > > (c) otherwise—$51,600.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":41},{"sectionNumber":"1N","sectionType":"section","heading":"Section 43 Application for service approval","content":"#### 1N Section 43 Application for service approval\n\n\\[1N\\] Section 43 Application for service approval\n\n> Omit section 43(1). Insert instead—\n> \n> > > (1) A person, other than the following persons, may apply to the Regulatory Authority for a service approval—\n> > > \n> > > > (a) a person who has, in the previous 12 months, received a notice under section 16 that the Regulatory Authority has refused to grant the person a provider approval, unless the Regulatory Authority has notified the person that the person may apply for a service approval within 12 months after receiving the notice;\n> > > \n> > > > (b) a person who has, in the previous 12 months, received a notice under section 50 that the Regulatory Authority has refused to grant the person a service approval, unless the Regulatory Authority has notified the person that the person may apply for a service approval within 12 months after receiving the notice.\n> > > \n> > > Note—\n> > > \n> > > This subsection is a substituted NSW provision.","sortOrder":42},{"sectionNumber":"1O","sectionType":"section","heading":"Section 51 Conditions on service approval","content":"#### 1O Section 51 Conditions on service approval\n\n\\[1O\\] Section 51 Conditions on service approval\n\n> Omit section 51(8), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$34,200; or\n> > \n> > > (b) for a large child care provider—$516,600; or\n> > \n> > > (c) otherwise—$172,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":43},{"sectionNumber":"1P","sectionType":"section","heading":"Section 68 Confirmation of transfer","content":"#### 1P Section 68 Confirmation of transfer\n\n\\[1P\\] Section 68 Confirmation of transfer\n\n> Omit section 68(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":44},{"sectionNumber":"1Q","sectionType":"section","heading":"Section 69 Notice to parents","content":"#### 1Q Section 69 Notice to parents\n\n\\[1Q\\] Section 69 Notice to parents\n\n> Omit section 69(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$10,200; or\n> > \n> > > (b) for a large child care provider—$154,800; or\n> > \n> > > (c) otherwise—$51,600.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":45},{"sectionNumber":"1R","sectionType":"section","heading":"Section 84 Notice to parents of suspension or cancellation","content":"#### 1R Section 84 Notice to parents of suspension or cancellation\n\n\\[1R\\] Section 84 Notice to parents of suspension or cancellation\n\n> Omit section 84(3), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$10,200; or\n> > \n> > > (b) for a large child care provider—$154,800; or\n> > \n> > > (c) otherwise—$51,600.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":46},{"sectionNumber":"1S","sectionType":"section","heading":"Section 87 Application for service waiver for service","content":"#### 1S Section 87 Application for service waiver for service\n\n\\[1S\\] Section 87 Application for service waiver for service\n\n> Insert “or NSW regulations” after “national regulations” in section 87(1).","sortOrder":47},{"sectionNumber":"1T","sectionType":"section","heading":"Section 87(1)","content":"#### 1T Section 87(1)\n\n\\[1T\\] Section 87(1)\n\n> Insert at the end of the subsection—\n> \n> > Note—\n> > \n> > This subsection is a modified NSW provision.","sortOrder":48},{"sectionNumber":"1U","sectionType":"section","heading":"Section 90 Matters to be considered","content":"#### 1U Section 90 Matters to be considered\n\n\\[1U\\] Section 90 Matters to be considered\n\n> Insert after section 90(a)—\n> \n> > > (a1) whether special circumstances disclosed in the application reasonably justify the grant of the service waiver; and\n> > > \n> > > Note—\n> > > \n> > > This paragraph is an additional NSW provision.","sortOrder":49},{"sectionNumber":"1V","sectionType":"section","heading":"Section 91 Decision on application","content":"#### 1V Section 91 Decision on application\n\n\\[1V\\] Section 91 Decision on application\n\n> Omit section 91(4). Insert instead—\n> \n> > > (4) If a service waiver is granted, the service waiver is subject to the following conditions—\n> > > \n> > > > (a) that the approved education and care service provider must disclose the fact that the service waiver is in force to the families of children to whom education and care is provided by the service;\n> > > \n> > > > (b) any other conditions placed on the service waiver by the Regulatory Authority, including any condition limiting the use of the service waiver.\n> > > \n> > > Note—\n> > > \n> > > This subsection is a substituted NSW provision.","sortOrder":50},{"sectionNumber":"1W","sectionType":"section","heading":"Section 103 Offence to provide an education and care service without approval","content":"#### 1W Section 103 Offence to provide an education and care service without approval\n\n\\[1W\\] Section 103 Offence to provide an education and care service without approval\n\n> Omit section 103(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$68,700; or\n> > \n> > > (b) for a large child care provider—$1,034,100; or\n> > \n> > > (c) otherwise—$344,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":51},{"sectionNumber":"1X","sectionType":"section","heading":"Section 103(3)","content":"#### 1X Section 103(3)\n\n\\[1X\\] Section 103(3)\n\n> Insert after section 103(2)—\n> \n> > > (3) For subsection (1), an education and care service is taken not to be an approved education and care service during any period in which the service approval for the education and care service is suspended.\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":52},{"sectionNumber":"1Y","sectionType":"section","heading":"Section 103A Offence relating to places where education and care is provided as part of a family day care service","content":"#### 1Y Section 103A Offence relating to places where education and care is provided as part of a family day care service\n\n\\[1Y\\] Section 103A Offence relating to places where education and care is provided as part of a family day care service\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$68,700; or\n> > \n> > > (b) for a large child care provider—$1,034,100; or\n> > \n> > > (c) otherwise—$344,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":53},{"sectionNumber":"1Z","sectionType":"section","heading":"Section 104 Offence to advertise education and care service without service approval","content":"#### 1Z Section 104 Offence to advertise education and care service without service approval\n\n\\[1Z\\] Section 104 Offence to advertise education and care service without service approval\n\n> Omit section 104(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$20,400; or\n> > \n> > > (b) for a large child care provider—$309,600; or\n> > \n> > > (c) otherwise—$103,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":54},{"sectionNumber":"1ZA","sectionType":"section","heading":"Section 104(3)","content":"#### 1ZA Section 104(3)\n\n\\[1ZA\\] Section 104(3)\n\n> Insert after section 104(2)—\n> \n> > > (3) For subsection (1), an education and care service is taken not to be an approved education and care service during any period in which the service approval for the education and care service is suspended.\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":55},{"sectionNumber":"1ZB","sectionType":"section","heading":"Section 134 Rating levels","content":"#### 1ZB Section 134 Rating levels\n\n\\[1ZB\\] Section 134 Rating levels\n\n> Insert after section 134(2)—\n> \n> > > (3) Despite subsection (2), the Regulatory Authority may give an education and care service operating in this jurisdiction the highest rating level prescribed by the national regulations.\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":56},{"sectionNumber":"1ZC","sectionType":"section","heading":"Section 135 Rating of approved education and care service","content":"#### 1ZC Section 135 Rating of approved education and care service\n\n\\[1ZC\\] Section 135 Rating of approved education and care service\n\n> Omit “(other than the highest rating level)” from section 135(1).","sortOrder":57},{"sectionNumber":"1ZD","sectionType":"section","heading":"Section 135(1)","content":"#### 1ZD Section 135(1)\n\n\\[1ZD\\] Section 135(1)\n\n> Insert at the end of the subsection—\n> \n> > Note—\n> > \n> > This subsection is a modified NSW provision.","sortOrder":58},{"sectionNumber":"1ZE","sectionType":"section","heading":"Section 138A","content":"#### 1ZE Section 138A\n\n\\[1ZE\\] Section 138A\n\n> Insert after section 138—","sortOrder":59},{"sectionNumber":"1ZF","sectionType":"section","heading":"Section 140A","content":"#### 1ZF Section 140A\n\n\\[1ZF\\] Section 140A\n\n> Insert after section 140—","sortOrder":61},{"sectionNumber":"1ZG","sectionType":"section","heading":"Section 161 Offence to operate education and care service without nominated supervisor","content":"#### 1ZG Section 161 Offence to operate education and care service without nominated supervisor\n\n\\[1ZG\\] Section 161 Offence to operate education and care service without nominated supervisor\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$17,100; or\n> > \n> > > (b) for a large child care provider—$258,300; or\n> > \n> > > (c) otherwise—$86,100.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":63},{"sectionNumber":"1ZH","sectionType":"section","heading":"Section 161A Offence for nominated supervisor not to meet prescribed minimum requirements","content":"#### 1ZH Section 161A Offence for nominated supervisor not to meet prescribed minimum requirements\n\n\\[1ZH\\] Section 161A Offence for nominated supervisor not to meet prescribed minimum requirements\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$17,100; or\n> > \n> > > (b) for a large child care provider—$258,300; or\n> > \n> > > (c) otherwise—$86,100.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":64},{"sectionNumber":"1ZI","sectionType":"section","heading":"Section 162 Offence to operate education and care service unless responsible person is present","content":"#### 1ZI Section 162 Offence to operate education and care service unless responsible person is present\n\n\\[1ZI\\] Section 162 Offence to operate education and care service unless responsible person is present\n\n> Omit section 162(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$17,100; or\n> > \n> > > (b) for a large child care provider—$258,300; or\n> > \n> > > (c) otherwise—$86,100.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":65},{"sectionNumber":"1ZK","sectionType":"section","heading":"Section 163 Offence relating to appointment or engagement of family day care co-ordinators","content":"#### 1ZK Section 163 Offence relating to appointment or engagement of family day care co-ordinators\n\n\\[1ZK\\] Section 163 Offence relating to appointment or engagement of family day care co-ordinators\n\n> Omit section 163(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$17,100; or\n> > \n> > > (b) for a large child care provider—$258,300; or\n> > \n> > > (c) otherwise—$86,100.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":66},{"sectionNumber":"1ZL","sectionType":"section","heading":"Section 164 Offence relating to assistance to family day care educators","content":"#### 1ZL Section 164 Offence relating to assistance to family day care educators\n\n\\[1ZL\\] Section 164 Offence relating to assistance to family day care educators\n\n> Omit section 164(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$17,100; or\n> > \n> > > (b) for a large child care provider—$258,300; or\n> > \n> > > (c) otherwise—$86,100.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":67},{"sectionNumber":"1ZM","sectionType":"section","heading":"Section 164A Offence relating to the education and care of children by family day care service","content":"#### 1ZM Section 164A Offence relating to the education and care of children by family day care service\n\n\\[1ZM\\] Section 164A Offence relating to the education and care of children by family day care service\n\n> Omit section 164A(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$34,200; or\n> > \n> > > (b) for a large child care provider—$516,600; or\n> > \n> > > (c) otherwise—$172,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":68},{"sectionNumber":"1ZN","sectionType":"section","heading":"Section 164A(2)","content":"#### 1ZN Section 164A(2)\n\n\\[1ZN\\] Section 164A(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$6,600.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":69},{"sectionNumber":"1ZO","sectionType":"section","heading":"Section 165 Offence to inadequately supervise children","content":"#### 1ZO Section 165 Offence to inadequately supervise children\n\n\\[1ZO\\] Section 165 Offence to inadequately supervise children\n\n> Omit section 165(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$34,200; or\n> > \n> > > (b) for a large child care provider—$516,600; or\n> > \n> > > (c) otherwise—$172,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":70},{"sectionNumber":"1ZP","sectionType":"section","heading":"Section 165(2)","content":"#### 1ZP Section 165(2)\n\n\\[1ZP\\] Section 165(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":71},{"sectionNumber":"1ZQ","sectionType":"section","heading":"Section 165(3)","content":"#### 1ZQ Section 165(3)\n\n\\[1ZQ\\] Section 165(3)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":72},{"sectionNumber":"1ZR","sectionType":"section","heading":"Section 166 Offence to use inappropriate discipline","content":"#### 1ZR Section 166 Offence to use inappropriate discipline\n\n\\[1ZR\\] Section 166 Offence to use inappropriate discipline\n\n> Omit section 166(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$34,200; or\n> > \n> > > (b) for a large child care provider—$516,600; or\n> > \n> > > (c) otherwise—$172,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":73},{"sectionNumber":"1ZS","sectionType":"section","heading":"Section 166(2)","content":"#### 1ZS Section 166(2)\n\n\\[1ZS\\] Section 166(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":74},{"sectionNumber":"1ZT","sectionType":"section","heading":"Section 166(3)","content":"#### 1ZT Section 166(3)\n\n\\[1ZT\\] Section 166(3)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":75},{"sectionNumber":"1ZU","sectionType":"section","heading":"Section 166(4)","content":"#### 1ZU Section 166(4)\n\n\\[1ZU\\] Section 166(4)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":76},{"sectionNumber":"1ZV","sectionType":"section","heading":"Section 166A","content":"#### 1ZV Section 166A\n\n\\[1ZV\\] Section 166A\n\n> Insert after section 166—","sortOrder":77},{"sectionNumber":"1ZW","sectionType":"section","heading":"Section 167 Offence relating to protection of children from harm and hazards","content":"#### 1ZW Section 167 Offence relating to protection of children from harm and hazards\n\n\\[1ZW\\] Section 167 Offence relating to protection of children from harm and hazards\n\n> Omit section 167(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$34,200; or\n> > \n> > > (b) for a large child care provider—$516,600; or\n> > \n> > > (c) otherwise—$172,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":79},{"sectionNumber":"1ZX","sectionType":"section","heading":"Section 167(2)","content":"#### 1ZX Section 167(2)\n\n\\[1ZX\\] Section 167(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":80},{"sectionNumber":"1ZY","sectionType":"section","heading":"Section 167(3)","content":"#### 1ZY Section 167(3)\n\n\\[1ZY\\] Section 167(3)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":81},{"sectionNumber":"1ZZ","sectionType":"section","heading":"Section 168 Offence relating to required programs","content":"#### 1ZZ Section 168 Offence relating to required programs\n\n\\[1ZZ\\] Section 168 Offence relating to required programs\n\n> Omit section 168(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":82},{"sectionNumber":"1ZZA","sectionType":"section","heading":"Section 168(2)","content":"#### 1ZZA Section 168(2)\n\n\\[1ZZA\\] Section 168(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$13,500.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":83},{"sectionNumber":"1ZZB","sectionType":"section","heading":"Section 169 Offence relating to staffing arrangements","content":"#### 1ZZB Section 169 Offence relating to staffing arrangements\n\n\\[1ZZB\\] Section 169 Offence relating to staffing arrangements\n\n> Omit section 169(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$34,200; or\n> > \n> > > (b) for a large child care provider—$516,600; or\n> > \n> > > (c) otherwise—$172,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":84},{"sectionNumber":"1ZZC","sectionType":"section","heading":"Section 169(2)","content":"#### 1ZZC Section 169(2)\n\n\\[1ZZC\\] Section 169(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$34,200; or\n> > \n> > > (b) for a large child care provider—$516,600; or\n> > \n> > > (c) otherwise—$172,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":85},{"sectionNumber":"1ZZD","sectionType":"section","heading":"Section 169(3)","content":"#### 1ZZD Section 169(3)\n\n\\[1ZZD\\] Section 169(3)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":86},{"sectionNumber":"1ZZE","sectionType":"section","heading":"Section 169(4)","content":"#### 1ZZE Section 169(4)\n\n\\[1ZZE\\] Section 169(4)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":87},{"sectionNumber":"1ZZF","sectionType":"section","heading":"Section 169(5)","content":"#### 1ZZF Section 169(5)\n\n\\[1ZZF\\] Section 169(5)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":88},{"sectionNumber":"2A","sectionType":"section","heading":"Section 170(2)","content":"#### 2A Section 170(2)\n\n\\[2A\\] Section 170(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$3,300; or\n> > \n> > > (b) for a large child care provider—$51,300; or\n> > \n> > > (c) otherwise—$17,100.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":90},{"sectionNumber":"2B","sectionType":"section","heading":"Section 170(3)","content":"#### 2B Section 170(3)\n\n\\[2B\\] Section 170(3)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$3,300\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":91},{"sectionNumber":"2C","sectionType":"section","heading":"Section 170(4)","content":"#### 2C Section 170(4)\n\n\\[2C\\] Section 170(4)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$3,300.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":92},{"sectionNumber":"4A","sectionType":"section","heading":"Section 171 Offence relating to direction to exclude inappropriate persons from education and care service premises","content":"#### 4A Section 171 Offence relating to direction to exclude inappropriate persons from education and care service premises\n\n\\[4A\\] Section 171 Offence relating to direction to exclude inappropriate persons from education and care service premises\n\n> Omit section 171(2), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$34,200; or\n> > \n> > > (b) for a large child care provider—$516,600; or\n> > \n> > > (c) otherwise—$172,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":95},{"sectionNumber":"4B","sectionType":"section","heading":"Section 172 Offence to fail to display prescribed information","content":"#### 4B Section 172 Offence to fail to display prescribed information\n\n\\[4B\\] Section 172 Offence to fail to display prescribed information\n\n> Omit section 172(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$10,200; or\n> > \n> > > (b) for a large child care provider—$154,800; or\n> > \n> > > (c) otherwise—$51,600.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":96},{"sectionNumber":"4C","sectionType":"section","heading":"Section 172(2)","content":"#### 4C Section 172(2)\n\n\\[4C\\] Section 172(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$10,200; or\n> > \n> > > (b) for a large child care provider—$154,800; or\n> > \n> > > (c) otherwise—$51,600.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":97},{"sectionNumber":"4D","sectionType":"section","heading":"Section 172(3) and (4)","content":"#### 4D Section 172(3) and (4)\n\n\\[4D\\] Section 172(3) and (4)\n\n> Insert after section 172(2)—\n> \n> > > (3) An approved provider of an education and care service must ensure the approved provider’s quality and compliance history for the education and care service provided by the approved provider is—\n> > > \n> > > > (a) displayed, in the form approved by the Regulatory Authority, at the education and care services premises in accordance with the NSW regulations; and\n> > > \n> > > > (b) published in the way prescribed by the NSW regulations or decided by the Regulatory Authority.\n> > \n> > > (4) In this section—\n> > > \n> > > quality and compliance history means the information prescribed by the NSW regulations.\n> > > \n> > > Note—\n> > > \n> > > Subsections (3) and (4) are additional NSW provisions.","sortOrder":98},{"sectionNumber":"4E","sectionType":"section","heading":"Section 173 Offence to fail to notify certain circumstances to Regulatory Authority","content":"#### 4E Section 173 Offence to fail to notify certain circumstances to Regulatory Authority\n\n\\[4E\\] Section 173 Offence to fail to notify certain circumstances to Regulatory Authority\n\n> Omit section 173(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":99},{"sectionNumber":"4F","sectionType":"section","heading":"Section 173(2)","content":"#### 4F Section 173(2)\n\n\\[4F\\] Section 173(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":100},{"sectionNumber":"4G","sectionType":"section","heading":"Section 174 Offence to fail to notify certain information to Regulatory Authority","content":"#### 4G Section 174 Offence to fail to notify certain information to Regulatory Authority\n\n\\[4G\\] Section 174 Offence to fail to notify certain information to Regulatory Authority\n\n> Omit section 174(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":101},{"sectionNumber":"4H","sectionType":"section","heading":"Section 174(2)","content":"#### 4H Section 174(2)\n\n\\[4H\\] Section 174(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":102},{"sectionNumber":"4I","sectionType":"section","heading":"Section 174A Family day care educator to notify certain information to approved provider","content":"#### 4I Section 174A Family day care educator to notify certain information to approved provider\n\n\\[4I\\] Section 174A Family day care educator to notify certain information to approved provider\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$6,600.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":103},{"sectionNumber":"4J","sectionType":"section","heading":"Sections 174AA and 174AB","content":"#### 4J Sections 174AA and 174AB\n\n\\[4J\\] Sections 174AA and 174AB\n\n> Insert after section 174A—","sortOrder":104},{"sectionNumber":"4K","sectionType":"section","heading":"Section 175 Offence relating to requirement to keep enrolment and other documents","content":"#### 4K Section 175 Offence relating to requirement to keep enrolment and other documents\n\n\\[4K\\] Section 175 Offence relating to requirement to keep enrolment and other documents\n\n> Omit section 175(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":107},{"sectionNumber":"4L","sectionType":"section","heading":"Section 175(3)","content":"#### 4L Section 175(3)\n\n\\[4L\\] Section 175(3)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$13,500.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":108},{"sectionNumber":"4M","sectionType":"section","heading":"Section 176 Compliance directions","content":"#### 4M Section 176 Compliance directions\n\n\\[4M\\] Section 176 Compliance directions\n\n> Omit section 176(3), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$6,600; or\n> > \n> > > (b) for a large child care provider—$102,600; or\n> > \n> > > (c) otherwise—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":109},{"sectionNumber":"4N","sectionType":"section","heading":"Section 177 Compliance notices","content":"#### 4N Section 177 Compliance notices\n\n\\[4N\\] Section 177 Compliance notices\n\n> Omit section 177(3), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$20,400; or\n> > \n> > > (b) for a large child care provider—$309,600; or\n> > \n> > > (c) otherwise—$103,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":110},{"sectionNumber":"4O","sectionType":"section","heading":"Sections 178 and 178A","content":"#### 4O Sections 178 and 178A\n\n\\[4O\\] Sections 178 and 178A\n\n> Omit section 178. Insert instead—","sortOrder":111},{"sectionNumber":"4P","sectionType":"section","heading":"Section 179 Emergency action notices","content":"#### 4P Section 179 Emergency action notices\n\n\\[4P\\] Section 179 Emergency action notices\n\n> Omit section 179(3), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$20,400; or\n> > \n> > > (b) for a large child care provider—$309,600; or\n> > \n> > > (c) otherwise—$103,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":114},{"sectionNumber":"4R","sectionType":"section","heading":"Section 187 Person must not contravene prohibition notice","content":"#### 4R Section 187 Person must not contravene prohibition notice\n\n\\[4R\\] Section 187 Person must not contravene prohibition notice\n\n> Omit section 187(1), penalty. Insert instead—\n> \n> > Penalty—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":115},{"sectionNumber":"4S","sectionType":"section","heading":"Section 187(2)","content":"#### 4S Section 187(2)\n\n\\[4S\\] Section 187(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":116},{"sectionNumber":"4T","sectionType":"section","heading":"Section 188 Offence to engage person to whom prohibition notice applies","content":"#### 4T Section 188 Offence to engage person to whom prohibition notice applies\n\n\\[4T\\] Section 188 Offence to engage person to whom prohibition notice applies\n\n> Omit section 188(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$68,700; or\n> > \n> > > (b) for a large child care provider—$1,034,100; or\n> > \n> > > (c) otherwise—$344,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":117},{"sectionNumber":"4U","sectionType":"section","heading":"Section 188(2)","content":"#### 4U Section 188(2)\n\n\\[4U\\] Section 188(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$68,700; or\n> > \n> > > (b) for a large child care provider—$1,034,100; or\n> > \n> > > (c) otherwise—$344,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":118},{"sectionNumber":"4V","sectionType":"section","heading":"Section 188(3)","content":"#### 4V Section 188(3)\n\n\\[4V\\] Section 188(3)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$68,700; or\n> > \n> > > (b) for a large child care provider—$1,034,100; or\n> > \n> > > (c) otherwise—$344,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":119},{"sectionNumber":"4W","sectionType":"section","heading":"Section 188A","content":"#### 4W Section 188A\n\n\\[4W\\] Section 188A\n\n> Omit the section. Insert instead—","sortOrder":120},{"sectionNumber":"4X","sectionType":"section","heading":"Part 7, Division 3A","content":"#### 4X Part 7, Division 3A\n\n\\[4X\\] Part 7, Division 3A\n\n> Insert after section 188A—","sortOrder":122},{"sectionNumber":"Division 3C","sectionType":"division","heading":"Independent arbiter [NSW]","content":"## Division 3C Independent arbiter [NSW]\n\nDivision 3C Independent arbiter \\[NSW\\]\n\nNote—\n\nThis division is an additional NSW provision.","sortOrder":123},{"sectionNumber":"4Y","sectionType":"section","heading":"Section 190 Reviewable decision—internal review","content":"#### 4Y Section 190 Reviewable decision—internal review\n\n\\[4Y\\] Section 190 Reviewable decision—internal review\n\n> Insert after section 190(d)(iii)—\n> \n> > > (iv) a person under section 178; or\n> > > \n> > > Note—\n> > > \n> > > This subparagraph is an additional NSW provision.","sortOrder":125},{"sectionNumber":"4Z","sectionType":"section","heading":"Section 190(fg)","content":"#### 4Z Section 190(fg)\n\n\\[4Z\\] Section 190(fg)\n\n> Insert after section 190(ff)—\n> \n> > > (fg) to issue a supervision direction under section 178A; or\n> > > \n> > > Note—\n> > > \n> > > This paragraph is an additional NSW provision.","sortOrder":126},{"sectionNumber":"4ZA","sectionType":"section","heading":"Section 190(2)","content":"#### 4ZA Section 190(2)\n\n\\[4ZA\\] Section 190(2)\n\n> Insert at the end of section 190—\n> \n> > > (2) However, the following decisions are not reviewable decisions if made on the grounds the person or education and care service the subject of the decision poses an unacceptable risk to the safety of children—\n> > > \n> > > > (a) a decision to cancel a provider approval under section 31(1)(b);\n> > > \n> > > > (b) a decision to refuse to grant a service approval under section 49(1)(a);\n> > > \n> > > > (c) a decision to cancel a service approval under section 77(a).\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":127},{"sectionNumber":"4ZB","sectionType":"section","heading":"Section 191 Internal review of reviewable decisions","content":"#### 4ZB Section 191 Internal review of reviewable decisions\n\n\\[4ZB\\] Section 191 Internal review of reviewable decisions\n\n> Insert after section 191(2)—\n> \n> > > (2A) An application under subsection (1) does not stay the operation of the reviewable decision.\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":128},{"sectionNumber":"4ZC","sectionType":"section","heading":"Section 192 Reviewable decision—external review","content":"#### 4ZC Section 192 Reviewable decision—external review\n\n\\[4ZC\\] Section 192 Reviewable decision—external review\n\n> Omit section 192(b)(vi). Insert instead—\n> \n> > > (vi)\n> > > \n> > > Note—\n> > > \n> > > Subparagraph (vi) has been omitted as a NSW modification.","sortOrder":129},{"sectionNumber":"Part 9A","sectionType":"part","heading":"Emergency powers [NSW]","content":"# Part 9A Emergency powers [NSW]\n\nPart 9A Emergency powers \\[NSW\\]\n\nNote—\n\nThis part is an additional NSW provision.","sortOrder":145},{"sectionNumber":"Part 10A","sectionType":"part","heading":"Functions and powers of Minister [NSW]","content":"# Part 10A Functions and powers of Minister [NSW]\n\nPart 10A Functions and powers of Minister \\[NSW\\]\n\nNote—\n\nThis part is an additional NSW provision.","sortOrder":148},{"sectionNumber":"22","sectionType":"section","heading":"Section 269 Register of family day care educators, co ordinators and assistants","content":"#### 22 Section 269 Register of family day care educators, co ordinators and assistants\n\n\\[22\\] Section 269 Register of family day care educators, co ordinators and assistants\n\n> Omit section 269(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":154},{"sectionNumber":"23","sectionType":"section","heading":"Section 269(2)","content":"#### 23 Section 269(2)\n\n\\[23\\] Section 269(2)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$6,600; or\n> > \n> > > (b) for a large child care provider—$102,600; or\n> > \n> > > (c) otherwise—$34,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":155},{"sectionNumber":"24","sectionType":"section","heading":"Section 269(3)","content":"#### 24 Section 269(3)\n\n\\[24\\] Section 269(3)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":156},{"sectionNumber":"25","sectionType":"section","heading":"Section 269(4)","content":"#### 25 Section 269(4)\n\n\\[25\\] Section 269(4)\n\n> Omit the penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":157},{"sectionNumber":"26","sectionType":"section","heading":"Section 270 Publication of information","content":"#### 26 Section 270 Publication of information\n\n\\[26\\] Section 270 Publication of information\n\n> Omit section 270(5) and (6). Insert instead—\n> \n> > > (5) The Regulatory Authority may publish information about enforcement action taken, or being taken, under this Law, including details about any of the following—\n> > > \n> > > > (a) compliance directions and compliance notices;\n> > > \n> > > > (b) suspension notices;\n> > > \n> > > > (c) supervision notices;\n> > > \n> > > > (d) disciplinary proceedings, including disciplinary agreements and disciplinary orders, and disciplinary notices;\n> > > \n> > > > (e) prosecutions for offences against this Law;\n> > > \n> > > > (f) enforceable undertakings;\n> > > \n> > > > (g) emergency action notices;\n> > > \n> > > > (h) amendments of provider approvals or service approvals for enforcement purposes;\n> > > \n> > > > (i) the suspension or cancellation of provider approvals or service approvals;\n> > > \n> > > > (j) infringement notices;\n> > > \n> > > > (k) the emergency removal of children under Part 7, Division 4;\n> > > \n> > > > (l) directions under section 171 to exclude persons from education and care services premises;\n> > > \n> > > > (m) directions under section 178 to suspend persons involved in the provision of an approved education and care service;\n> > > \n> > > > (n) prohibition notices.\n> > \n> > > (6) The information the Regulatory Authority may publish under subsection (5) about enforcement action—\n> > > \n> > > > (a) includes the following—\n> > > > \n> > > > > (i) information about the nature of enforcement action taken and the outcome of the enforcement action;\n> > > > \n> > > > > (ii) details of persons in relation to whom enforcement action has been taken;\n> > > > \n> > > > > (iii) the reason for taking enforcement action, including details of the breach or alleged breach;\n> > > > \n> > > > > (iv) other information prescribed by regulations made under this subsection; but\n> > > \n> > > > (b) does not include information that may identify, or lead to the identification of, a child.\n> > > \n> > > Note—\n> > > \n> > > Subsections (5) and (6) are substituted NSW provisions.\n> > \n> > > (7) The Regulatory Authority must not publish the name of an educator being investigated during the period of the investigation unless the Regulatory Authority is satisfied publishing the name is in the public interest.\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":158},{"sectionNumber":"27","sectionType":"section","heading":"Section 270A","content":"#### 27 Section 270A\n\n\\[27\\] Section 270A\n\n> Insert after section 270—","sortOrder":159},{"sectionNumber":"28","sectionType":"section","heading":"Section 272 Disclosure of information to education and care services","content":"#### 28 Section 272 Disclosure of information to education and care services\n\n\\[28\\] Section 272 Disclosure of information to education and care services\n\n> Omit “At the request of an approved provider, the” from section 272(1).\n> \n> Insert instead “The”.","sortOrder":161},{"sectionNumber":"29","sectionType":"section","heading":"Section 272(1)","content":"#### 29 Section 272(1)\n\n\\[29\\] Section 272(1)\n\n> Omit “to the provider”. Insert instead “to an approved provider”.","sortOrder":162},{"sectionNumber":"30","sectionType":"section","heading":"Section 272(1)(a)–(e)","content":"#### 30 Section 272(1)(a)–(e)\n\n\\[30\\] Section 272(1)(a)–(e)\n\n> Omit section 272(1)(a) and (b). Insert instead—\n> \n> > > (a) whether a person is or has been subject to a prohibition notice;\n> > \n> > > (b) whether a person is or has been subject to a suspension notice;\n> > > \n> > > Note—\n> > > \n> > > Paragraphs (a) and (b) are substituted NSW provisions.\n> > \n> > > (c) whether a person is or has been subject to a supervision notice;\n> > \n> > > (d) whether a person is or has been subject to an enforceable undertaking;\n> > \n> > > (e) whether a person is or has been subject to a disciplinary agreement or disciplinary order or has been given a disciplinary notice.\n> > > \n> > > Note—\n> > > \n> > > Paragraphs (c)–(e) are additional NSW provisions.","sortOrder":163},{"sectionNumber":"31","sectionType":"section","heading":"Section 272(1)","content":"#### 31 Section 272(1)\n\n\\[31\\] Section 272(1)\n\n> Insert at the end of the subsection—\n> \n> > Note—\n> > \n> > This subsection is a modified NSW provision.","sortOrder":164},{"sectionNumber":"32","sectionType":"section","heading":"Section 272(2)","content":"#### 32 Section 272(2)\n\n\\[32\\] Section 272(2)\n\n> Omit “this section”. Insert instead “subsection (1)”.","sortOrder":165},{"sectionNumber":"33","sectionType":"section","heading":"Section 272(3)","content":"#### 33 Section 272(3)\n\n\\[33\\] Section 272(3)\n\n> Insert after section 272(2)—\n> \n> > > (3) The Regulatory Authority may disclose the following information to a recruitment agency or labour hire agency about a person the agency supplies or offers to supply to education and care services—\n> > > \n> > > > (a) whether the person is or has been subject to a disciplinary notice;\n> > > \n> > > > (b) whether the person is or has been subject to a supervision notice;\n> > > \n> > > > (c) whether the person is or has been subject to an enforceable undertaking;\n> > > \n> > > > (d) whether the person is or has been subject to a prohibition notice;\n> > > \n> > > > (e) whether the person is or has been subject to a disciplinary agreement or disciplinary order or has been given a disciplinary notice.\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":166},{"sectionNumber":"34","sectionType":"section","heading":"Section 273 Duty of confidentiality","content":"#### 34 Section 273 Duty of confidentiality\n\n\\[34\\] Section 273 Duty of confidentiality\n\n> Omit section 273(1), penalty. Insert instead—\n> \n> > Penalty—$17,100.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":167},{"sectionNumber":"36","sectionType":"section","heading":"Section 284","content":"#### 36 Section 284\n\n\\[36\\] Section 284\n\n> Omit the section. Insert instead—","sortOrder":168},{"sectionNumber":"37","sectionType":"section","heading":"Section 287A","content":"#### 37 Section 287A\n\n\\[37\\] Section 287A\n\n> Insert after section 287—","sortOrder":170},{"sectionNumber":"38","sectionType":"section","heading":"Section 291 Infringement offences","content":"#### 38 Section 291 Infringement offences\n\n\\[38\\] Section 291 Infringement offences\n\n> Insert before section 291(1)(a)—\n> \n> > > (a1) sections 19(4), 36(3), 51(8), 68(1), 69(1), 84(3), 161, 161A, 162(1), 163(1), 164A(1) and (2), 169(1)–(5), 170(2)–(4), 171(2), 174(1) and (2), 175(1) and (3), 177(3), 178(6) and (7), 179(3), 217 and 261A(5); or\n> > > \n> > > Note—\n> > > \n> > > This paragraph is an additional NSW provision.","sortOrder":172},{"sectionNumber":"39","sectionType":"section","heading":"Section 291(1)(c)","content":"#### 39 Section 291(1)(c)\n\n\\[39\\] Section 291(1)(c)\n\n> Omit “this section.” from section 291(1)(b).\n> \n> Insert instead—\n> \n> > > this section; or\n> > \n> > > (c) offences against the national regulations that are prescribed by the NSW regulations for this section.\n> > > \n> > > Note—\n> > > \n> > > This paragraph is an additional NSW provision.","sortOrder":173},{"sectionNumber":"40","sectionType":"section","heading":"Section 291(5)","content":"#### 40 Section 291(5)\n\n\\[40\\] Section 291(5)\n\n> Omit the subsection. Insert instead—\n> \n> > > (5) The NSW regulations may provide for matters relating to infringement offences, including—\n> > > \n> > > > (a) prescribing additional offences as infringement offences; and\n> > > \n> > > > (b) modifying the maximum infringement penalties for offences; and\n> > > \n> > > > (c) prescribing offences as disciplinary notice offences; and\n> > > \n> > > > (d) providing for the maximum penalties for disciplinary notice offences.\n> > > \n> > > Note—\n> > > \n> > > This subsection is a substituted NSW provision.","sortOrder":174},{"sectionNumber":"42","sectionType":"section","heading":"Section 295 False or misleading information or documents","content":"#### 42 Section 295 False or misleading information or documents\n\n\\[42\\] Section 295 False or misleading information or documents\n\n> Omit section 295(1), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$20,400; or\n> > \n> > > (b) for a large child care provider—$309,600; or\n> > \n> > > (c) otherwise—$103,200.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":175},{"sectionNumber":"43","sectionType":"section","heading":"Part 14, Division 6A","content":"#### 43 Part 14, Division 6A\n\n\\[43\\] Part 14, Division 6A\n\n> Insert after section 295—","sortOrder":176},{"sectionNumber":"Division 6A","sectionType":"division","heading":"Miscellaneous [NSW]","content":"## Division 6A Miscellaneous [NSW]\n\nDivision 6A Miscellaneous \\[NSW\\]\n\nNote—\n\nThis division is an additional NSW provision.","sortOrder":177},{"sectionNumber":"44","sectionType":"section","heading":"Part 14, Division 7","content":"#### 44 Part 14, Division 7\n\n\\[44\\] Part 14, Division 7\n\n> Omit the division. Insert instead—","sortOrder":179},{"sectionNumber":"Division 7","sectionType":"division","heading":"Serious detrimental action [NSW]","content":"## Division 7 Serious detrimental action [NSW]\n\nDivision 7 Serious detrimental action \\[NSW\\]\n\nNote—\n\nThis division is a substituted NSW provision.","sortOrder":180},{"sectionNumber":"sch.1-sec.44-frag-div.7-sdiv.1","sectionType":"division","heading":"Preliminary [NSW]","content":"### sch.1-sec.44-frag-div.7-sdiv.1 Preliminary [NSW]\n\nSubdivision 1 Preliminary \\[NSW\\]","sortOrder":181},{"sectionNumber":"sch.1-sec.44-frag-div.7-sdiv.2","sectionType":"division","heading":"Serious detrimental action offences [NSW]","content":"### sch.1-sec.44-frag-div.7-sdiv.2 Serious detrimental action offences [NSW]\n\nSubdivision 2 Serious detrimental action offences \\[NSW\\]","sortOrder":185},{"sectionNumber":"sch.1-sec.44-frag-div.7-sdiv.3","sectionType":"division","heading":"Miscellaneous [NSW]","content":"### sch.1-sec.44-frag-div.7-sdiv.3 Miscellaneous [NSW]\n\nSubdivision 3 Miscellaneous \\[NSW\\]","sortOrder":191},{"sectionNumber":"45","sectionType":"section","heading":"Section 301 National Regulations","content":"#### 45 Section 301 National Regulations\n\n\\[45\\] Section 301 National Regulations\n\n> Omit section 301(4)(g). Insert instead—\n> \n> > > (g) may impose penalties not exceeding $20,000.\n> > > \n> > > Note—\n> > > \n> > > This paragraph is a substituted NSW provision.","sortOrder":195},{"sectionNumber":"46","sectionType":"section","heading":"Section 301(5)","content":"#### 46 Section 301(5)\n\n\\[46\\] Section 301(5)\n\n> Insert after section 301(4)—\n> \n> > > (5) The national regulations apply in New South Wales with the modifications set out in the NSW regulations.\n> > > \n> > > Note—\n> > > \n> > > This subsection is an additional NSW provision.","sortOrder":196},{"sectionNumber":"47","sectionType":"section","heading":"Section 301A","content":"#### 47 Section 301A\n\n\\[47\\] Section 301A\n\n> Insert after section 301—","sortOrder":197},{"sectionNumber":"48","sectionType":"section","heading":"Section 322 Information retention and sharing","content":"#### 48 Section 322 Information retention and sharing\n\n\\[48\\] Section 322 Information retention and sharing\n\n> Omit section 322(3), penalty. Insert instead—\n> \n> > Penalty—\n> > \n> > > (a) for an individual—$13,500; or\n> > \n> > > (b) for a large child care provider—$206,100; or\n> > \n> > > (c) otherwise—$68,700.\n> > \n> > Note—\n> > \n> > This penalty is a substituted NSW provision.","sortOrder":199},{"sectionNumber":"49","sectionType":"section","heading":"Part 15, Division 8A","content":"#### 49 Part 15, Division 8A\n\n\\[49\\] Part 15, Division 8A\n\n> Insert after Division 8—","sortOrder":200},{"sectionNumber":"Division 8A","sectionType":"division","heading":"Provisions consequent on Children (Education and Care Services National Law Application) Amendment Act 2025 [NSW]","content":"## Division 8A Provisions consequent on Children (Education and Care Services National Law Application) Amendment Act 2025 [NSW]\n\nDivision 8A Provisions consequent on [Children (Education and Care Services National Law Application) Amendment Act 2025](/view/pdf/asmade/act-2025-68) \\[NSW\\]\n\nNote—\n\nThis division is an additional NSW provision.","sortOrder":201},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Children (Education and Care Services) NSW Regulation 2025","content":"# Schedule 1A Children (Education and Care Services) NSW Regulation 2025\n\nSchedule 1A [Children (Education and Care Services) NSW Regulation 2025](/view/html/inforce/current/sl-2025-0601)\n\n**sch 1A:** Ins 2025 No 68, Sch 1\\[10\\].","sortOrder":205},{"sectionNumber":"sch.1A-inc-sch.1-sec.31-frag-pt","sectionType":"part","heading":"Transitional and savings provisions—Children (Education and Care Services National Law Application) Amendment Act 2025","content":"# sch.1A-inc-sch.1-sec.31-frag-pt Transitional and savings provisions—Children (Education and Care Services National Law Application) Amendment Act 2025\n\nPart Transitional and savings provisions—[Children (Education and Care Services National Law Application) Amendment Act 2025](/view/pdf/asmade/act-2025-68)","sortOrder":235}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The 2010 Act originally functioned as a straightforward application statute that adopted the National Law with only machinery modifications to designate the NSW regulator, tribunal, definitions and transitional carry-over of pre-2010 approvals. The 2025 amendments (particularly those in 2025 No 56 and 2025 No 68) have fundamentally altered its scope by inserting a paramount child-protection principle (new s 3A and amended s 4) that expressly prevails over approved providers' financial interests and fiduciary duties, creating new strict-liability offences for inappropriate conduct (new s 166A), introducing scale-based penalty multipliers for large child care providers, conferring broad emergency closure and ministerial direction powers (new Part 9A and ss 223A–223B), establishing an independent arbiter, adding detailed whistleblower protections with civil damages, injunctions and onus reversal (new Division 7 of Part 14), expanding regulatory publication and information-sharing powers, and declaring Corporations Act displacement. These changes transform the statute from a neutral adoption vehicle into a child-centric, interventionist regime that reaches into corporate governance, employment relations and emergency executive action."},"complexity_factors":["Adoption of an external Victorian Schedule with a delayed-application mechanism for future Victorian amendments (s 4(2)) requiring NSW regulations","Extensive Schedule 1 containing more than 50 discrete modifications, insertions, substitutions and additional NSW provisions that rewrite or overlay the National Law","Layered definitions in s 7 that map generic National Law terms to specific NSW statutes (child protection law, public authority, registered teacher, superior court etc.)","Tiered penalty regime that differentiates maximum fines for individuals, large child care providers (cross-referenced to Commonwealth family assistance law) and other entities","Multiple exclusions and partial applications of other NSW legislation in s 5, s 6 and s 18, plus displacement declarations under the Corporations Act 2001 (Cth) s 5G","Complex transitional provisions (s 17, 17A, Schedule 1 Part 14 Division 8A) that declare prior approvals, notices and undertakings under the repealed Children and Young Persons (Care and Protection) Act 1998 Chapters 12 and 12A","New Part 9A emergency powers, Part 10A ministerial powers, Division 7 serious detrimental action (whistleblower) regime, and independent arbiter mechanism","Nested cross-references between NSW-specific offences (e.g. s 166A inappropriate conduct), enforcement tools (suspension notices, supervision notices, emergency action notices) and publication obligations (s 270 as modified)"],"plain_english_summary":"**This legislation applies a uniform national framework for regulating childcare, preschools and other early education services across New South Wales, while adding strong NSW-specific protections for children.**\n\nIt adopts the Victorian Education and Care Services National Law as law in NSW (with changes listed in Schedule 1) and makes the Secretary of the Department of Education the main regulator. The law requires all education and care services to be approved, sets quality standards, and controls who can work with children.\n\nThe biggest change is that the rights and best interests of children must be the **paramount consideration** in every decision. This overrides the financial interests of providers and any other duties they owe. New rules ban 'inappropriate conduct' towards children (defined broadly to cover emotional, psychological or physical harm, sexual or violent behaviour, and patterns of behaviour). Families must be told about service quality and any enforcement actions taken against providers.\n\nIt affects approved providers (including large corporate chains), educators, family day care operators, volunteers, and parents. The regulator can suspend staff, close services in emergencies, publish enforcement details, and protect whistleblowers from retaliation. Penalties are much higher for large providers (for example, over $1 million for operating without approval) to reflect their scale and resources. Transitional rules carry over old approvals from previous NSW child protection laws.\n\nOverall it aims to lift safety and quality in early childhood services by putting children first, increasing accountability, and giving the regulator sharper tools while still participating in the national system."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2010 Act was primarily a mechanism to apply the national law in NSW. Over time, amendments have significantly expanded the disciplinary and enforcement framework — notably the pending 2025 changes introducing formal disciplinary proceedings, agreements, notices, and orders targeting individual workers. This goes beyond mere application of national standards into a more robust standalone regulatory and enforcement regime."},"complexity_factors":["Intergovernmental (national law applied by state legislation) — requires understanding both the NSW application Act and the underlying national law it activates","Highly layered structure: the Act itself mainly 'switches on' a separate National Law document, meaning the real rules live elsewhere","Frequent amendments — 15+ versions since 2010, with some 2025 amendments partially in force and partially not yet commenced","Partially commenced amendments create uncertainty about which rules currently apply","Regulates multiple types of actors simultaneously: providers, operators, individual educators, and regulators","Involves complex approval, licensing, disciplinary, and enforcement mechanisms spread across the national law","Cross-jurisdictional coordination adds interpretive complexity when rules interact with other states' legislation"],"plain_english_summary":"## What This Law Does\n\nThis NSW Act applies a **national framework** for regulating childcare and early education services across New South Wales. Rather than NSW having its own completely separate rulebook, this law plugs NSW into a shared national system — meaning childcare centres, preschools, family day care services, and similar providers in NSW must meet the same standards as those in other participating states and territories.\n\n## Who It Affects\n\n- **Parents and families** sending children to childcare, preschool, or other early education services — the national standards aim to ensure consistent safety and quality wherever you are in Australia\n- **Childcare providers and operators** — they must be approved, licensed, and meet national quality standards to legally operate\n- **Childcare workers and educators** — they are subject to qualification requirements, conduct rules, and can face disciplinary action\n- **Regulators** — NSW authorities work within the national system to oversee compliance\n\n## Why It Matters\n\nBefore this type of national scheme, each state had its own rules, meaning standards and oversight of childcare varied dramatically around the country. This law helps ensure that:\n- Children receive **consistent, quality care** regardless of which state they're in\n- Providers can't dodge stricter rules by operating across borders\n- Workers face **national conduct standards** and can be disciplined if they don't meet them\n\n## Recent Developments\n\nThe law has been updated many times since 2010 (15+ versions), and a 2025 amendment is introducing new **disciplinary tools** — including disciplinary agreements, notices, and orders against workers — though some of those provisions are still not yet in force as of early 2026."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Schedule of NSW modifications substantially broadens the original national-law framework as applied in NSW. Key scope changes in the Act include: (1) an express child‑first legal priority (new s 3A) that overrides providers’ financial and fiduciary interests (sch 1 cl 1–1B); (2) expanded regulatory reach to related providers (ss 5B–5C); (3) stronger and faster enforcement and supervisory tools including emergency closure powers and ability to suspend or revoke ratings during investigations (ss 178–179, 138A, 219A); (4) new Ministerial guideline and direction powers and an express allocation of systemic policy control to the Minister with limits on operational interference (ss 223A–223B, 261B); (5) extensive amendment of penalties (tiered by entity size) and introduction of numerous new criminal and civil remedies, including a whistleblower and anti‑reprisal scheme (many substituted penalty provisions, Div 7 Subdivs 1–3); (6) new publication, information‑sharing and immunity provisions (ss 270, 270A, 272), and (7) provision for NSW‑specific regulations and a first NSW regulation to operationalise the modifications (s 301A and Schedule 1A). These additions change the national-law template into a substantially more interventionist, disclosure‑oriented and enforcement‑heavy regime in NSW."},"complexity_factors":["Adoption of an external national law into state law with a comprehensive Schedule of NSW modifications (cross-references to Victoria’s schedule and subsequent amendment process) (s 4, Schedule 1)","Large number of substituted and newly inserted provisions across many operational areas (definitions, offences, penalties, powers, publication, information-sharing, emergency powers)","Tiered penalty architecture with repeated three-band structure (individual / large child care provider / otherwise) applied to many different offences (numerous Schedule 1 substitutions)","Introduction of new discretionary regulatory tools (deeming related providers, suspension/revocation of ratings, supervision directions, emergency orders, information publication) with operational consequences (ss 5B–5C, 138A, 178–178A, 219A, 270)","New Ministerial roles and limits on Ministerial control alongside retained operational independence for certain decisions (ss 223A–223B, 261B)","Addition of whistleblower/protected-disclosure regime with criminal, civil and equitable remedies and special procedural rules (Div 7 Subdivs 1–3, ss 297–300C, 300A–300B)","Detailed notification timing and reporting obligations (174AA–174AB) that impose short operational deadlines","Expanded information-sharing channels (to recruitment/labour-hire agencies, publication of enforcement actions) combined with statutory immunities (ss 272, 270, 270A)","Complex interaction with Commonwealth Corporations law (declaration of displacement/exclusion provisions) and multiple transitional and savings provisions (sch 1 cl 1B; Division 8A transitional clauses)"],"plain_english_summary":"What this law does, mechanically\n\n- This Act makes the Education and Care Services National Law (the national law) operate in New South Wales as part of NSW law, but only as amended by the modifications listed in Schedule 1 (see s 4 and Schedule 1). The national regulations likewise apply in NSW subject to NSW modifications (see Schedule 1A, reg 3 and s 301(5) as inserted at sch 1 cl 46–47).\n\n- The Act names the Regulatory Authority for NSW (the Secretary of the Department of Education) and sets which NSW Acts and regulations are treated as relevant law for the national law where the national law refers to State-specific concepts (see s 9; ss 7, 10–16). It also declares the District Court and NCAT as the relevant courts/tribunals for particular review routes (s 8).\n\nKey substantive changes and new mechanics introduced for NSW (high level)\n\n- Paramount consideration: NSW adds an explicit rule that the protection of each child’s rights and best interests is the paramount consideration in applying the Law (new section 3A). It also says those child-centred interests prevail over approved providers’ financial interests and other fiduciary duties (sch 1 cl 1, 1A–1B).\n\n- Definitions and new offences: NSW inserts definitions (including “inappropriate conduct” toward a child — new s 5AA) and creates a standalone offence that a child must not be subjected to inappropriate conduct by providers, nominated supervisors, staff, volunteers or family day care educators (new s 166A) with specified penalties (sch 1 cl 1E, 1ZV).\n\n- Related providers: the Regulatory Authority may deem additional entities to be “related providers” of an approved provider, and treat those related providers as subject to the same powers and obligations as the approved provider (new ss 5B–5C) — a discretionary tool for regulatory reach.\n\n- Stronger enforcement and supervisory powers: NSW expands and clarifies a range of enforcement tools available to the Regulatory Authority, including show-cause notices, suspension of persons from involvement in services, supervision directions, emergency action notices, and power to suspend or revoke quality ratings while investigating (see substituted ss 178–178A, 179, 138A, and new Part 9A s 219A for emergency closure powers).\n\n- Ministerial role and Ministerial directions: the NSW Minister may issue guidelines (s 223A) and, in specified circumstances and after consulting the Regulatory Authority, may give directions to relevant persons to prioritise child safety (s 223B). The Act also declares the Regulatory Authority subject to Ministerial direction and control on systemic policy matters (s 261B), while excluding certain operational decisions from that control (s 261B(2)).\n\n- Information sharing, publication and protections: the Regulatory Authority may publish enforcement information (s 270 as substituted) and is required to protect children’s identities. The Act also gives publishers and specified officials immunity for good-faith publications made under s 270 (new s 270A). The Regulatory Authority may disclose enforcement and disciplinary information to approved providers and to recruitment or labour‑hire agencies (ss 272 as amended and inserted subsections).\n\n- Reporting duties and timeframes: the Act creates or tightens duties to notify the Regulatory Authority and employers of certain events. Educators and staff must give written notice to their approved provider of a negative working-with-children outcome or teacher registration change within the earlier of 72 hours after the event or 24 hours after becoming aware; approved providers must tell the Regulatory Authority within 24 hours (new ss 174AA–174AB).\n\n- Whistleblowing and anti‑reprisal regime: a new Division sets out what counts as a protected disclosure to the Regulatory Authority and creates criminal and civil consequences for “detrimental action” against people who make protected disclosures; it includes criminal penalties, civil damages, injunctions and cost protections (see sch 1 cl 44–45, Div 7 Subdivs 1–3, especially ss 297–300C, 300A–300B, 300D–300F).\n\n- NSW regulations and first NSW regulation: the Governor can make NSW regulations to implement these NSW provisions (s 301A inserted at sch 1 cl 47). Schedule 1A (Children (Education and Care Services) NSW Regulation 2025) is taken to be the first NSW regulation (sch 1 cl 49 and Schedule 1A).\n\nWho decides and where discretion sits\n\n- The Regulatory Authority (Secretary of the Department of Education) is the primary decision-maker for licensing, compliance, investigation, notices, publication and many discretionary regulatory acts (see s 9; numerous substituted/added provisions, e.g. ss 5B–5C, 172(3), 178–178A, 138A, 261A).\n\n- The NSW Minister can issue guidelines, give directions in urgent child‑safety circumstances (s 223A–223B), appoint an independent arbiter (new s 188L), and direct the Regulatory Authority on systemic policy (s 261B). Certain operational decisions are expressly excluded from Ministerial control (s 261B(2)), but the Minister retains the specific direction power in s 223B.\n\nWho pays (penalties and burdens)\n\n- The Act establishes monetary penalties for a large set of offences and compliance failures. Many penalties are tiered into three bands: (a) individual, (b) large child care provider, and (c) otherwise (often representing other corporate or non-large providers). Examples include:\n  - Offences such as providing a service without approval (s 103 as substituted — see sch 1 cl 1W) and engaging a person subject to a prohibition notice (s 188 as substituted — sch 1 cl 4T) carry substantial penalties.\n  - Emergency orders and Ministerial directions carry high penalties (s 219A and s 223B — sch 1 cl 19–20).\n  - Many notification, record‑keeping and cooperation obligations carry penalties at varying levels (see numerous substituted clauses through Schedule 1: e.g. regs and sections cited at sch 1 cl 1I, 1M, 1P, 1Q, 4E–4H, 4K–4L, 4M–4N, 12–18, 26, 28 and others).\n\n- Large child care providers are repeatedly subject to the highest monetary band; therefore non‑compliance financial exposure scales with provider size (see the many substituted penalty clauses throughout Schedule 1).\n\nCompliance burden and behavioural effects (mechanics, incentives, trade-offs)\n\n- Reporting and notification timing: educators/staff must notify employers quickly about negative working-with-children outcomes or registration changes (174AA — 72/24 hours) and approved providers must notify the Regulatory Authority within 24 hours (174AB(2)). These create strict operational reporting timetables that require providers to implement monitoring and communication systems.\n\n- Record and display obligations: approved providers must display quality and compliance history at premises in the form approved by the Regulatory Authority and publish it as prescribed (new s 172(3)–(4)). Providers must keep enhanced enrolment health plans (reg 162 as amended). These requirements increase administrative tasks and public visibility of compliance history.\n\n- Information sharing with third parties: the Regulatory Authority may disclose disciplinary and enforcement information to recruitment and labour hire firms (s 272 as amended, inserted subsection (3)), and the Regulatory Authority may publish enforcement details (s 270). These mechanisms change information flows in the labour and market for educators.\n\n- Expanded regulatory reach over related entities: by enabling the Regulatory Authority to deem related providers and apply powers to them (ss 5B–5C), the Authority can regulate entities beyond the legally approved provider; this can widen regulatory exposure for corporate groups or associated entities.\n\n- Enforcement tooth: higher, tiered penalties and expanded compliance notices, suspension and emergency powers increase the expected cost of regulatory non‑compliance and create stronger immediate incentives to comply (see the substituted and new enforcement provisions throughout Schedule 1, including ss 176–179, 187–188A, 219A, 223B, 261A).\n\nCosts, opportunity costs and administrative risks\n\n- Direct compliance costs: providers must maintain faster reporting, more detailed records, public displays of compliance history, and possibly revise employment and governance arrangements to manage the risk of high fines and supervision/suspension directions (see ss 172(3), 174AA–174AB, 270, numerous penalty substitutions).\n\n- Concentrated vs diffuse costs: the Act imposes much higher maximum penalties on “large child care providers” (explicit tiering in many penalties). That makes the financial burden concentrated in these entities (see many substituted penalty provisions). The Act does not itself describe compensating benefits to those providers.\n\n- Administrative burden on regulators: the Regulatory Authority acquires new duties — faster notifications to the Children’s Guardian (e.g. s 178(5)), publication decisions, managing emergency orders and Ministerial directions, and managing disclosures to recruitment agencies. Those functions require resourcing and operational processes (see substituted/new ss 178–179, 219A, 270, 272, 174AB).\n\nImplementation and legal interaction risks\n\n- Interaction with Corporations law: NSW declares certain provisions to be Corporations legislation displacement provisions (sch 1 cl 1B) and declares approved providers/services to be excluded matters under Corporations Act section 1317AAB (sch 1 cl 44 (300G)), which alters how some Commonwealth corporate provisions operate in NSW for these entities.\n\n- Regulatory discretion and legal review: many decisions remain subject to internal and external review, but the Act narrows reviewability for some child‑safety-based decisions (see sch 1 cl 4ZA and cl 7 amending s 192 to exempt some decisions made on grounds of unacceptable risk). That shifts the balance between administrative finality and review rights.\n\n- Publication and defamation protections: the Act permits publication of enforcement action and grants statutory immunity for good‑faith publications by specified persons (new s 270A). That reduces publishers’ legal risk for publications made under s 270 but creates governance choices about when to publish (see sch 1 cl 27 (270A) and sch 1 cl 26 (270)).\n\nWhat the Act claims as the purpose, and how it maps to costs and incentives\n\n- The instrument expressly adds a child‑first legal priority (new s 3A). The mechanical effect is to require decision‑makers to treat child safety and best interests as overriding other interests (sch 1 cl 1). The direct trade‑off is that decisions previously influenced by provider financial interests or broader organisational duties must now be subordinated to child‑safety considerations (see sch 1 cl 1 and cl 1A–1B).\n\n- The Act’s enforcement intensification (higher penalties, rapid notification, publication powers, emergency closure and direction powers — e.g. ss 219A, 223B, 261A, various penalty substitutions) is designed (per the text) to protect children by creating stronger deterrence and faster interventions. The mechanical costs are higher compliance and reporting burdens on providers and expanded operational responsibilities for the Regulatory Authority (see sch 1 throughout). Implementation risk includes resourcing and process changes for both providers and the Regulatory Authority to meet new timeframes and publication rules.\n\nConcrete behaviour changes the law will cause (mechanistic statements)\n\n- Providers (and related providers) will need to strengthen incident reporting, documentation, and public disclosure processes (ss 172(3), 174AA–174AB, 270).\n\n- Employers and recruitment agencies will receive and act on Regulatory Authority disclosures about disciplinary and supervision outcomes (ss 272(3), 272(1)).\n\n- Approved providers and staff face higher financial exposure for specified breaches and must expect possible rapid suspension or supervision directions while investigations proceed (ss 178–178A, 138A, penalty substitutions).\n\n- The Regulatory Authority and NSW Minister gain additional tools to close services during emergencies, issue directions to prioritise child safety, and publish enforcement actions — shifting decision‑making toward more interventionist, rapid measures in specified circumstances (ss 219A, 223B, 261A, s 270).\n\nCaveats about limits of this summary\n\n- This summary describes the mechanics, who pays, who decides and how behaviour and information flows will change, grounded in the sections cited. It does not assess effectiveness or predict outcomes beyond the direct mechanisms contained in the text.\n\nKey sections cited (non-exhaustive examples): s 4 (adoption of national law); s 9 (Regulatory Authority); sch 1 cl 1–1B (paramount consideration and how functions are to be exercised); sch 1 cl 1E and 1ZV (\"inappropriate conduct\" and offence); sch 1 cl 5B–5C (related providers); sch 1 cl 178–178A (suspension/supervision directions); sch 1 cl 219A (emergency closure powers); sch 1 cl 223A–223B (Minister guidelines and directions); sch 1 cl 261A–261B (Regulatory Authority directions and Ministerial control); sch 1 cl 172(3) (display of quality/compliance history); sch 1 cl 174AA–174AB (notification duties and timeframes); sch 1 cl 270 and 270A (publication and immunity); sch 1 cl 295B (incentive scheme disclosure); multiple substituted penalty clauses throughout Schedule 1 (examples at cl 1I, 1M, 1W, 4P, 4R–4T, 4M–4N, 12–18, 26, 28)."}},"importantCases":[],"_links":{"self":"/api/acts/children-education-and-care-services-national-law-application-act-2010","history":"/api/acts/children-education-and-care-services-national-law-application-act-2010/history","analysis":"/api/acts/children-education-and-care-services-national-law-application-act-2010/analysis","conflicts":"/api/acts/children-education-and-care-services-national-law-application-act-2010/conflicts","importantCases":"/api/acts/children-education-and-care-services-national-law-application-act-2010/important-cases","documents":"/api/acts/children-education-and-care-services-national-law-application-act-2010/documents"}}