{"id":"nsw:act-2011-070","name":"Children (Education and Care Services) Supplementary Provisions Act 2011","slug":"children-education-and-care-services-supplementary-provisions-act-2011","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"70 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30874,"registerId":"nsw-act-2011-070-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) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > approved education and care service means a State regulated education and care service for which a service approval exists.\n> > \n> > approved provider means—\n> > \n> > > (a) a person who holds a provider approval granted under the National Law (NSW) Alignment Provisions, or\n> > \n> > > (b) a person who is taken to be an approved provider under Division 3 of Part 4.\n> > \n> > education and care service—see section 4.\n> > \n> > exempt premises—see section 5.\n> > \n> > large child care provider has the same meaning as in the National Law (NSW).\n> > \n> > mobile education and care service—see section 4.\n> > \n> > National Law (NSW) means the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> > \n> > National Law (NSW) Alignment Provisions—see section 17.\n> > \n> > occasional education and care service—see section 4.\n> > \n> > provider approval means a provider approval under the National Law (NSW) Alignment Provisions.\n> > \n> > Regulatory Authority means the Regulatory Authority for this jurisdiction within the meaning of the National Law (NSW).\n> > \n> > service approval means a service approval under the National Law (NSW) Alignment Provisions.\n> > \n> > State regulated education and care service—see section 4.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2018 No 46, Sch 1 \\[1\\] \\[2\\]; 2025 No 68, Sch 2\\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “State regulated education and care service”","content":"#### 4 Meaning of “State regulated education and care service”\n\n4 Meaning of “State regulated education and care service”\n\n> > (1) For the purposes of this Act, each of the following is a State regulated education and care service—\n> > \n> > > (a) a mobile education and care service, being an education and care service that visits specific premises, areas or places at specified times for the purpose of providing the care,\n> > \n> > > (b) an occasional education and care service, being an education and care service that is provided at fixed premises (other than the home of the approved provider of the service) primarily on an ad hoc or casual basis and that does not usually offer full-time or all day education and care to children on an ongoing basis.\n> \n> > (2) An education and care service is a service that provides education or care (other than residential care), or both education and care, whether directly or indirectly, for one or more children under the age of 6 years and who do not ordinarily attend school (disregarding any children who are related to the person providing the care).\n> \n> > (3) However, a State regulated education and care service does not include any of the following—\n> > \n> > > (a) a service that is an education and care service within the meaning of the National Law (NSW) (disregarding this Act),\n> > \n> > > (b) a service provided by a designated agency within the meaning of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157),\n> > \n> > > (c) a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned,\n> > \n> > > (d) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised,\n> > \n> > > (e) a service involving medical or clinical care provided by a hospital,\n> > \n> > > (f) a regular child-minding service—\n> > > \n> > > > (i) that is provided in connection with a hospital, health service or a recreational or commercial facility, and\n> > > \n> > > > (ii) that is provided by or on behalf of the person conducting the hospital, health service or recreational or commercial facility, and\n> > > \n> > > > (iii) that is provided to care for children only—\n> > > > \n> > > > > (A) while a sibling of the child being cared for is being treated at the hospital or health service, or\n> > > > \n> > > > > (B) while the children’s parents or authorised carers are visiting or being treated at the hospital or health service or are using the recreational or commercial facility,\n> > \n> > > (g) a service principally conducted to provide instruction in a particular activity,\n> > > \n> > > Note.\n> > > \n> > > Instruction in sport, dance, music, culture, language or religion are examples.\n> > \n> > > (h) a service under which formal education in accordance with the school curriculum set out in Part 3 of the [Education Act 1990](/view/html/inforce/current/act-1990-008) is provided by a government school or a registered non-government school within the meaning of that Act,\n> > \n> > > (i) a service provided at exempt premises, but only if the service is established, registered or licensed as part of the institution operating on those premises,\n> > \n> > > (j) a service excluded from the operation of this Act by the regulations.\n> \n> > (4) In this section—\n> > \n> > hospital means—\n> > \n> > > (a) a private health facility licensed under the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009), or\n> > \n> > > (b) a declared mental health facility or a private mental health facility within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), or\n> > \n> > > (c) a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> \n> **s 4:** Am 2018 No 46, Sch 1 \\[3\\] \\[4\\]; 2025 No 68, Sch 2\\[2\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Exempt premises","content":"#### 5 Exempt premises\n\n5 Exempt premises\n\n> > (1) The regulations may prescribe any class of premises as exempt premises for the purposes of this Act.\n> \n> > (2) The Minister may, by order published in the Gazette, declare any premises to be exempt premises for the purposes of specified provisions of this Act.\n> \n> > (3) A reference in this Act to exempt premises is a reference to—\n> > \n> > > (a) any premises belonging to a class of premises prescribed by the regulations as exempt premises, and\n> > \n> > > (b) in relation to any provision of this Act, any premises declared to be exempt premises for the purposes of that provision by an order of the Minister under this section, being an order that is in force.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Objectives and principles underlying the provision of State regulated education and care services","content":"#### 6 Objectives and principles underlying the provision of State regulated education and care services\n\n6 Objectives and principles underlying the provision of State regulated education and care services\n\n> > (1) The National Law (NSW) Alignment Provisions provide for the objectives and guiding principles that apply to the provision of State regulated education and care services.\n> \n> > (2) A reference in sections 3 and 4 of the National Law (NSW) to the national education and care services quality framework is to be read, for the purposes of the National Law (NSW) Alignment Provisions, as a reference to the framework for the provision of State regulated education and care services established by this Act.\n> \n> **s 6:** Subst 2018 No 46, Sch 1 \\[5\\]. Am 2025 No 68, Sch 2\\[2\\].","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":null,"content":"# Part 2\n\nPart 2\n\n7 (Repealed)\n\n**pt 2:** Rep 2018 No 46, Sch 1 \\[6\\].\n\n**s 7:** Rep 2018 No 46, Sch 1 \\[6\\].","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"State regulated education and care services","content":"# Part 3 State regulated education and care services\n\nPart 3 State regulated education and care services","sortOrder":8},{"sectionNumber":"Division 1","sectionType":"division","heading":"Operation of State regulated education and care services","content":"## Division 1 Operation of State regulated education and care services\n\nDivision 1 Operation of State regulated education and care services","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Unauthorised provision of education and care service","content":"#### 8 Unauthorised provision of education and care service\n\n8 Unauthorised provision of education and care service\n\n> > (1) A person must not provide a State regulated education and care service unless—\n> > \n> > > (a) the person is an approved provider in respect of that service, and\n> > \n> > > (b) the service is an approved education and care service.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—$68,700, or\n> > \n> > > (b) for a large child care provider—$618,700, or\n> > \n> > > (c) otherwise—$344,700.\n> \n> > (2) A nominated supervisor of a State regulated education and care service who is not the approved provider of the service does not commit an offence against this section in respect of anything done in the course of supervising that service in accordance with this Act.\n> \n> > (3) An employee or other person who provides or assists in providing a State regulated education and care service does not commit an offence against this section if the employee or other person is acting in accordance with directions given by the approved provider of the service.\n> \n> **s 8:** Am 2018 No 46, Sch 1 \\[7\\]–\\[9\\]; 2025 No 68, Sch 2\\[3\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Advertising of unauthorised education and care service","content":"#### 9 Advertising of unauthorised education and care service\n\n9 Advertising of unauthorised education and care service\n\n> > (1) A person must not advertise or hold out that the person is willing to provide a State regulated education and care service unless—\n> > \n> > > (a) the person is an approved provider in respect of the service concerned, and\n> > \n> > > (b) the particular service being advertised is an approved education and care service.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—$20,400, or\n> > \n> > > (b) for a large child care provider—$183,600, or\n> > \n> > > (c) otherwise—$103,200.\n> \n> > (2) A person must not knowingly publish any advertisement inviting the attendance of children at a State regulated education and care service that is not an approved education and care service.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—$20,400, or\n> > \n> > > (b) for a large child care provider—$183,600, or\n> > \n> > > (c) otherwise—$103,200.\n> \n> > (3) A person is not guilty of an offence under subsection (1) or (2) if—\n> > \n> > > (a) the State regulated education and care service is a service that is proposed to be provided in the future, and\n> > \n> > > (b) the person has duly applied for any provider approval or service approval required to authorise the person to provide the proposed State regulated education and care service, and\n> > \n> > > (c) the application has not been finally determined.\n> \n> > (4) A person must not advertise or hold out that the person is willing to provide a State regulated education and care service for which an application for any provider approval or service approval required to authorise the person to provide the proposed service is pending unless it is made clear that the service will be provided only after any such approval has been granted.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—$20,400, or\n> > \n> > > (b) for a large child care provider—$183,600, or\n> > \n> > > (c) otherwise—$103,200.\n> \n> **s 9:** Am 2018 No 46, Sch 1 \\[10\\] \\[11\\]; 2025 No 68, Sch 2\\[4\\].","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10 (Repealed)","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Provider approvals","content":"## Division 2 Provider approvals\n\nDivision 2 Provider approvals","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Provider approvals","content":"#### 11 Provider approvals\n\n11 Provider approvals\n\n> The National Law (NSW) Alignment Provisions provide for the grant of provider approvals for State regulated education and care services and other matters relating to provider approvals.\n> \n> Note.\n> \n> See also Division 3 of Part 4, which provides for the recognition, for the purposes of this Act, of provider approvals granted under the National Law (NSW).\n> \n> **s 11:** Am 2025 No 68, Sch 2\\[2\\].","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Contravention of provider approval","content":"#### 12 Contravention of provider approval\n\n12 Contravention of provider approval\n\n> An approved provider must not contravene a condition of a provider approval granted under the National Law (NSW) Alignment Provisions.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—$34,200,\n> \n> > (b) for a large child care provider—$307,800,\n> \n> > (c) otherwise—$172,200.\n> \n> **s 12:** Am 2025 No 68, Sch 2\\[2\\] \\[5\\].","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Service approvals","content":"## Division 3 Service approvals\n\nDivision 3 Service approvals","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Service approvals","content":"#### 13 Service approvals\n\n13 Service approvals\n\n> The National Law (NSW) Alignment Provisions provide for the grant of service approvals for State regulated education and care services and other matters relating to service approvals.\n> \n> **s 13:** Am 2025 No 68, Sch 2\\[2\\].","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Contravention of service approval","content":"#### 14 Contravention of service approval\n\n14 Contravention of service approval\n\n> An approved provider must not contravene a condition of a service approval for a State regulated education and care service.\n> \n> Maximum penalty—\n> \n> > (a) for an individual—$34,200,\n> \n> > (b) for a large child care provider—$307,800,\n> \n> > (c) otherwise—$172,200.\n> \n> **s 14:** Am 2025 No 68, Sch 2\\[6\\].","sortOrder":19},{"sectionNumber":"14A","sectionType":"section","heading":"Service waivers and temporary waivers","content":"#### 14A Service waivers and temporary waivers\n\n14A Service waivers and temporary waivers\n\n> The National Law (NSW) Alignment Provisions provide for the grant of service waivers and temporary waivers for State regulated education and care services and other matters relating to waivers.\n> \n> Note.\n> \n> Under Divisions 5 and 6 of Part 3 of the National Law (NSW), an approved provider of an education and care service may apply for a service (ie permanent) or temporary waiver from a requirement that the service comply with certain elements of the National Quality Standard (set out in the national regulations) or certain specified provisions of the national regulations.\n> \n> **s 14A:** Ins 2018 No 46, Sch 1 \\[13\\]. Am 2025 No 68, Sch 2\\[2\\].","sortOrder":20},{"sectionNumber":"Division 4","sectionType":"division","heading":"Assessment and rating","content":"## Division 4 Assessment and rating\n\nDivision 4 Assessment and rating\n\n**pt 3, div 4:** Subst 2018 No 46, Sch 1 \\[14\\].","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Assessment and rating of State regulated education and care services","content":"#### 15 Assessment and rating of State regulated education and care services\n\n15 Assessment and rating of State regulated education and care services\n\n> > (1) The National Law (NSW) Alignment Provisions provide for the assessment by the Regulatory Authority of State regulated education and care services and the determination of rating levels (other than the highest rating level) for the services.\n> \n> > (2) The regulations may make provision for the award of the highest rating level to State regulated education and care services.\n> \n> > (3) Subsection (2) does not prevent the Regulatory Authority from entering into arrangements with the National Authority for the assessment of State regulated education and care services and the award of the highest rating level to those services by the National Authority.\n> \n> **s 15:** Subst 2018 No 46, Sch 1 \\[14\\]. Am 2025 No 68, Sch 2\\[2\\].","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"National Law (NSW) alignment","content":"# Part 4 National Law (NSW) alignment\n\nPart 4 National Law (NSW) alignment\n\n**pt 4, hdg:** Am 2025 No 68, Sch 2\\[7\\].","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Alignment with National Law (NSW)","content":"#### 17 Alignment with National Law (NSW)\n\n17 Alignment with National Law (NSW)\n\n> The National Law (NSW), as in force from time to time—\n> \n> > (a) applies to State regulated education and care services as if the State regulated education and care services were education and care services within the meaning of the National Law (NSW), and\n> \n> > (b) applies with the modifications provided for by this Act or the regulations under this Act, and\n> \n> > (c) as so applying may be referred to as the Children (State Regulated Education and Care Services) Act 2011 or the National Law (NSW) Alignment Provisions.\n> \n> **s 17:** Subst 2025 No 68, Sch 2\\[9\\].","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Application of Children (Education and Care Services National Law Application) Act 2010","content":"#### 18 Application of Children (Education and Care Services National Law Application) Act 2010\n\n18 Application of [Children (Education and Care Services National Law Application) Act 2010](/view/html/inforce/current/act-2010-104)\n\n> > (1) Sections 7 to 16 of the [Children (Education and Care Services National Law Application) Act 2010](/view/html/inforce/current/act-2010-104) apply to the National Law (NSW) Alignment Provisions in the same way as they apply to the National Law (NSW), subject to any modifications provided for by this Act or the regulations under this Act.\n> \n> > (2) Section 5 of the [Children (Education and Care Services National Law Application) Act 2010](/view/html/inforce/current/act-2010-104) does not apply in respect of the National Law (NSW) Alignment Provisions.\n> \n> **s 18:** Am 2025 No 68, Sch 2\\[10\\] \\[11\\].","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Application of Interpretation Act 1987","content":"#### 19 Application of Interpretation Act 1987\n\n19 Application of [Interpretation Act 1987](/view/html/inforce/current/act-1987-015)\n\n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) does not apply in respect of the National Law (NSW) Alignment Provisions.\n> \n> Note.\n> \n> Schedule 1 to the National Law (NSW) provides for interpretation of the provisions of the National Law (NSW). Those provisions also apply to the National Law (NSW) Alignment Provisions.\n> \n> **s 19:** Am 2025 No 68, Sch 2\\[2\\].","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Extension does not affect operation of National Law (NSW) in respect of nationally regulated education and care services","content":"#### 20 Extension does not affect operation of National Law (NSW) in respect of nationally regulated education and care services\n\n20 Extension does not affect operation of National Law (NSW) in respect of nationally regulated education and care services\n\n> To avoid doubt, a provider approval or service approval granted under the National Law (NSW) Alignment Provisions in respect of a State regulated education and care service is not a provider approval or service approval (as the case requires) for the purposes of the National Law (NSW).\n> \n> **s 20:** Am 2018 No 46, Sch 1 \\[15\\]; 2025 No 68, Sch 2\\[2\\].","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Excluded provisions","content":"#### 21 Excluded provisions\n\n21 Excluded provisions\n\n> > (1) For the purposes of the National Law (NSW) Alignment Provisions, the following provisions of the National Law (NSW) do not apply—\n> > \n> > > (a) sections 1, 2 and 3 (1) and (2) (d) (preliminary matters),\n> > \n> > > (b) section 7 (Single national entity),\n> > \n> > > (c) section 11 (a) (which dictates the jurisdiction in which an application for a provider approval must be made),\n> > \n> > > (d) section 19 (4) (offence of contravening conditions of provider approval),\n> > \n> > > (e) section 42 (Exercise of powers by another Regulatory Authority),\n> > \n> > > (f) section 44 (1) (a) (which dictates the jurisdiction in which an application for a service approval must be made),\n> > \n> > > (g) section 51 (8) (offence of contravening conditions of service approval),\n> > \n> > > (h), (i) (Repealed)\n> > \n> > > (j) section 101 (Exercise of powers by another Regulatory Authority—family day care services),\n> > \n> > > (k) section 102 (Application of Law to associated children’s services),\n> > \n> > > (l) section 103 (Offence to provide an education and care service without service approval),\n> > \n> > > (m) section 104 (Offence to advertise education and care service without service approval),\n> > \n> > > (n)–(s) (Repealed)\n> > \n> > > (t) section 134 (2) and Divisions 4–6 of Part 5 (which relate to certain assessment and rating functions of the National Authority),\n> > \n> > > (u) section 169 (7) and (8) (which relate to determinations of equivalent qualifications by the National Authority),\n> > \n> > > (v) (Repealed)\n> > \n> > > (w) section 198 (National Authority representative may enter service premises in company with Regulatory Authority),\n> > \n> > > (x) (Repealed)\n> > \n> > > (y) Part 10 (Ministerial Council),\n> > \n> > > (z) Part 11 (Australian Children’s Education and Care Quality Authority),\n> > \n> > > (aa) Part 13 (Information, records and privacy), except sections 267 (1)–(4), 270, 270A, 271, 272(1) and (3) and 273,\n> > \n> > > (ab), (ac) (Repealed)\n> > \n> > > (ad) Divisions 1 to 3 and 8 of Part 14 (Miscellaneous),\n> > \n> > > (ae) Part 15 (Transitional provisions).\n> \n> > (2) This section is subject to any modifications provided for by the regulations.\n> \n> **s 21:** Am 2018 No 46, Sch 1 \\[16\\]–\\[23\\]; 2025 No 68, Sch 2\\[2\\] \\[13\\] \\[14\\].","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"References to education and care services","content":"#### 22 References to education and care services\n\n22 References to education and care services\n\n> For the purposes of the National Law (NSW) Alignment Provisions—\n> \n> > (a) a reference in the National Law (NSW) to an education and care service is to be read as a reference to a State regulated education and care service, and\n> \n> > (b) a reference in the National Law (NSW) to an approved education and care service is to be read as a reference to a State regulated education and care service that is an approved education and care service within the meaning of this Act.\n> \n> **s 22:** Am 2025 No 68, Sch 2\\[2\\].","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"References to National Law (NSW)","content":"#### 23 References to National Law (NSW)\n\n23 References to National Law (NSW)\n\n> > (1) For the purposes of the National Law (NSW) Alignment Provisions, a reference in the National Law (NSW) to the National Law (NSW) itself (such as a reference to “this Law”) is to be read as a reference to this Act (including the National Law (NSW) Alignment Provisions) and the regulations under this Act.\n> \n> > (2) A reference in the National Law (NSW) to a specific provision of the National Law (NSW) is to be read as a reference to the corresponding provision of the National Law (NSW) Alignment Provisions.\n> \n> **s 23:** Am 2025 No 68, Sch 2\\[2\\].","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"References to Regulatory Authority","content":"#### 24 References to Regulatory Authority\n\n24 References to Regulatory Authority\n\n> > (1) For the purposes of the National Law (NSW) Alignment Provisions, a reference in the National Law (NSW) to the Regulatory Authority is a reference to the Regulatory Authority for this jurisdiction.\n> > \n> > Note.\n> > \n> > Under section 9 of the [Children (Education and Care Services National Law Application) Act 2010](/view/html/inforce/current/act-2010-104), the Regulatory Authority for this jurisdiction is the Secretary of the Department of Education.\n> \n> > (2) The National Law (NSW) Alignment Provisions do not confer a power to grant provider approvals and service approvals in respect of State regulated education and care services, or confer any other functions with respect to those services, on the Regulatory Authority for another jurisdiction under the National Law (NSW).\n> \n> > (3) For the purpose of the National Law (NSW) Alignment Provisions, references in the National Law (NSW) to provider approvals or service approvals granted under the law of another jurisdiction are to be disregarded.\n> \n> > (4) This section does not affect the operation of Division 3.\n> > \n> > Note.\n> > \n> > Division 3 provides for the recognition, for the purposes of this Act, of provider approvals granted under the National Law (NSW) (including provider approvals granted by the Regulatory Authority for another jurisdiction).\n> \n> **s 24:** Am 2018 No 46, Sch 1 \\[24\\]–\\[26\\]; 2025 No 68, Sch 2\\[2\\] \\[15\\].","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"References to regulations","content":"#### 25 References to regulations\n\n25 References to regulations\n\n> For the purposes of the National Law (NSW) Alignment Provisions, a reference in the National Law (NSW) to the regulations made under that Law, including the NSW regulations, or to a matter prescribed under that Law is to be read as a reference to the regulations made under this Act or to a matter prescribed by the regulations under this Act, as the case requires.\n> \n> **s 25:** Am 2025 No 68, Sch 2\\[2\\] \\[16\\].","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"References to matters that relate to national scheme only","content":"#### 26 References to matters that relate to national scheme only\n\n26 References to matters that relate to national scheme only\n\n> For the purposes of the National Law (NSW) Alignment Provisions, any of the following references in the National Law (NSW) are to be disregarded—\n> \n> > (a) references to the National Authority,\n> \n> > (b) references to the Ministerial Council (except in relation to the National Quality Standard),\n> \n> > (c) references to the highest rating level for an education and care service,\n> \n> > (d) (Repealed)\n> \n> > (e) references to associated children’s services,\n> \n> > (f) (Repealed)\n> \n> > (g) references to family day care services.\n> \n> **s 26:** Am 2018 No 46, Sch 1 \\[27\\]–\\[29\\]; 2025 No 68, Sch 2\\[2\\].","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"References to National Quality Framework and National Quality Standard","content":"#### 27 References to National Quality Framework and National Quality Standard\n\n27 References to National Quality Framework and National Quality Standard\n\n> > (1) A reference in the National Law (NSW) to the National Quality Framework is to be read, for the purpose of the National Law (NSW) Alignment Provisions, as a reference to the following—\n> > \n> > > (a) this Act (including the National Law (NSW) Alignment Provisions),\n> > \n> > > (b) the regulations under this Act,\n> > \n> > > (c) the National Quality Standard,\n> > \n> > > (d) the rating system provided for by the regulations under this Act.\n> \n> > (2) A reference in the National Law (NSW) to the National Quality Standard is to be read, for the purpose of the National Law (NSW) Alignment Provisions, as a reference to the National Quality Standard approved by the Ministerial Council under the National Law (NSW) as in force from time to time.\n> \n> > (3) The regulations may make further provision for the application of the National Quality Standard to State regulated education and care services, including by modifying the National Quality Standard as it applies to those services.\n> \n> **s 27:** Subst 2018 No 46, Sch 1 \\[30\\]. Am 2025 No 68, Sch 2\\[2\\].","sortOrder":38},{"sectionNumber":"27A","sectionType":"section","heading":"Specific variations","content":"#### 27A Specific variations\n\n27A Specific variations\n\n> > (1) A reference in section 168 of the National Law (NSW) to an approved learning framework is to be read, for the purpose of the National Law (NSW) Alignment Provisions, as a reference to the learning framework approved by the Ministerial Council under the National Law (NSW) as in force from time to time.\n> \n> > (2) A reference in the National Law (NSW) to qualifications required or approved under that Law includes, for the purpose of the National Law (NSW) Alignment Provisions, a reference to any qualifications that have been determined by the National Authority to be equivalent to the qualifications required by the regulations under the National Law (NSW).\n> \n> > (3) A reference in section 201 of the National Law (NSW) to section 103 of the National Law (NSW) is to be read, for the purpose of the National Law (NSW) Alignment Provisions, as a reference to section 8 of this Act.\n> > \n> > Note.\n> > \n> > Accordingly the power to enter premises under section 201 of the National Law (NSW) where a contravention of section 103 of the National Law (NSW) is suspected is, for the purposes of the National Law (NSW) Alignment Provisions, a power to enter premises where a contravention of section 8 of this Act is suspected.\n> \n> > (4) Sections 8, 9, 12 and 14 of this Act, and related definitions in sections 3 and 4, apply as if the sections and definitions were additional NSW provisions inserted in the appropriate order in the National Law (NSW) Alignment Provisions.\n> \n> **s 27A:** Ins 2018 No 46, Sch 1 \\[30\\]. Am 2025 No 68, Sch 2\\[2\\] \\[17\\].","sortOrder":39},{"sectionNumber":"27B","sectionType":"section","heading":"Fees","content":"#### 27B Fees\n\n27B Fees\n\n> > (1) The amount of a fee payable under the National Law (NSW) Alignment Provisions in respect of a State regulated education and care service is the fee payable under the National Law (NSW) in respect of an education and care service other than a family day care service.\n> \n> > (2) The Regulatory Authority may waive, reduce, defer or refund any fee payable or paid to it under the National Law (NSW) Alignment Provisions if there are exceptional circumstances.\n> \n> **s 27B:** Ins 2018 No 46, Sch 1 \\[30\\]. Am 2025 No 68, Sch 2\\[2\\].","sortOrder":40},{"sectionNumber":"28","sectionType":"section","heading":"Reviewable decisions","content":"#### 28 Reviewable decisions\n\n28 Reviewable decisions\n\n> > (1) For the purposes of the National Law (NSW) Alignment Provisions, a reference in section 192 of the National Law (NSW) to a reviewable decision for external review includes, in addition to the decisions listed in that section, any decision of the Regulatory Authority of a kind specified by the regulations to be a reviewable decision for external review.\n> \n> > (2) The Minister is not to recommend the making of a regulation containing provisions for the purposes of this section unless the Minister certifies that the Minister administering the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002) has agreed to the provisions.\n> \n> > (3) For the purposes of the National Law (NSW) Alignment Provisions, the note at the end of section 192 of the National Law (NSW) is to be disregarded.\n> \n> **s 28:** Am 2013 No 95, Sch 2.25; 2025 No 68, Sch 2\\[2\\].","sortOrder":41},{"sectionNumber":"29","sectionType":"section","heading":"Further modifications","content":"#### 29 Further modifications\n\n29 Further modifications\n\n> The regulations may make further provision for the application of the National Law (NSW) to and in respect of State regulated education and care services, including by making further modifications to the National Law (NSW) for the purposes of the National Law (NSW) Alignment Provisions.\n> \n> **s 29:** Am 2025 No 68, Sch 2\\[2\\].","sortOrder":42},{"sectionNumber":"30","sectionType":"section","heading":"Approved providers","content":"#### 30 Approved providers\n\n30 Approved providers\n\n> A person who holds a provider approval in relation to an education and care service within the meaning of the National Law (NSW) is taken to be an approved provider in relation to State regulated education and care services under this Act.\n> \n> **s 30:** Am 2025 No 68, Sch 2\\[2\\].","sortOrder":44},{"sectionNumber":"31","sectionType":"section","heading":"Authorised officers","content":"#### 31 Authorised officers\n\n31 Authorised officers\n\n> > (1) A person who is authorised to be an authorised officer by the Regulatory Authority of this jurisdiction under Part 9 of the National Law (NSW) is taken to be an authorised officer for the purposes of Part 9 of the National Law (NSW) Alignment Provisions.\n> \n> > (2) An identity card issued to the authorised officer under the National Law (NSW) is taken to be an identity card identifying the authorised officer as an authorised officer authorised by the Regulatory Authority under this Act.\n> \n> > (3) This section does not prevent the issue of a separate identity card by the Regulatory Authority for the purposes of this Act.\n> \n> **s 31:** Am 2025 No 68, Sch 2\\[2\\].","sortOrder":45},{"sectionNumber":"Part 5","sectionType":"part","heading":null,"content":"# Part 5\n\nPart 5\n\n32–35 (Repealed)\n\n**pt 5:** Rep 2018 No 46, Sch 1 \\[31\\].\n\n**s 32:** Rep 2018 No 46, Sch 1 \\[31\\].\n\n**s 33:** Rep 2018 No 46, Sch 1 \\[31\\].\n\n**s 34:** Am 2013 No 31, Sch 3.4. Rep 2018 No 46, Sch 1 \\[31\\].\n\n**s 35:** Rep 2018 No 46, Sch 1 \\[31\\].","sortOrder":46},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":47},{"sectionNumber":"36","sectionType":"section","heading":"Regulations","content":"#### 36 Regulations\n\n36 Regulations\n\n> > (1) 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.\n> \n> > (2) Without limiting subsection (1), the regulations may make provision for or with respect to the following matters—\n> > \n> > > (a) any matter for which national regulations can be made by the Ministerial Council under the National Law (NSW),\n> > > \n> > > Note.\n> > > \n> > > See, in particular, section 301 of the National Law (NSW).\n> > \n> > > (b) a matter for which NSW regulations may be made by the Governor under the National Law (NSW),\n> > \n> > > (c) exempting specified occasional or mobile education and care services, or occasional or mobile education and care services of a specified class, from the requirement that they be provided by an approved provider or the subject of a service approval (or both) and regulating the services so exempted (including, without limitation, establishing standards to be met by those services).\n> \n> > (3) A regulation may create an offence punishable by a penalty not exceeding $20,000.\n> \n> **s 36:** Am 2018 No 46, Sch 1 \\[32\\] \\[33\\]; 2025 No 68, Sch 2\\[2\\] \\[19\\] \\[20\\].","sortOrder":48},{"sectionNumber":"37","sectionType":"section","heading":"Adoption of other publications","content":"#### 37 Adoption of other publications\n\n37 Adoption of other publications\n\n> > (1) The regulations may apply, adopt or incorporate, wholly or in part and with or without modifications, any standard, rule, code, specification or other document prescribed or published by any person or body (whether of New South Wales or elsewhere) and as in force at a particular time or from time to time.\n> \n> > (2) In particular, the regulations may apply, adopt or incorporate, wholly or in part and with or without modification, any of the national regulations made by the Ministerial Council under the National Law (NSW), as in force at a particular time or as in force from time to time.\n> \n> **s 37:** Am 2025 No 68, Sch 2\\[2\\].","sortOrder":49},{"sectionNumber":"38","sectionType":"section","heading":"Application of State Records Act 1998 to certain services","content":"#### 38 Application of State Records Act 1998 to certain services\n\n38 Application of [State Records Act 1998](/view/html/inforce/current/act-1998-017) to certain services\n\n> > (1) The [State Records Act 1998](/view/html/inforce/current/act-1998-017) does not apply to a private children’s service and such a service is not a public office for the purposes of that Act.\n> \n> > (2) In this section—\n> > \n> > private children’s service means a State regulated education and care service provided to the community by any person or body other than—\n> > \n> > > (a) a department, office, commission, board, corporation, agency, service or instrumentality exercising any function of any branch of the Government of the State, or\n> > \n> > > (b) a council or county council under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Review of Act","content":"#### 39 Review of Act\n\n39 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":51},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n**sch 1:** Am 2018 No 46, Sch 1 \\[34\\]–\\[37\\].","sortOrder":52},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1987 No 15, sec 30C.","sortOrder":59},{"sectionNumber":"32","sectionType":"section","heading":"Show cause notice before cancellation","content":"#### 32 Show cause notice before cancellation\n\n32 Show cause notice before cancellation\n\n> > (1) This section applies if the Regulatory Authority is considering the cancellation of a provider approval under section 31.\n> \n> > (2) The Regulatory Authority must first give the approved provider a notice (show cause notice) stating—\n> > \n> > > (a) that the Regulatory Authority intends to cancel the provider approval; and\n> > \n> > > (b) the reasons for the proposed cancellation; and\n> > \n> > > (c) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.","sortOrder":92},{"sectionNumber":"33","sectionType":"section","heading":"Decision in relation to cancellation","content":"#### 33 Decision in relation to cancellation\n\n33 Decision in relation to cancellation\n\n> > (1) After considering any written response from the approved provider received within the time allowed under section 32(2)(c), the Regulatory Authority—\n> > \n> > > (a) may—\n> > > \n> > > > (i) cancel the provider approval; or\n> > > \n> > > > (ii) suspend the provider approval for a period not more than the prescribed period;\n> > > \n> > > > (iii) decide not to cancel the provider approval; and\n> > \n> > > (b) must give the approved provider written notice of the decision.\n> \n> > (2) The decision to cancel the provider approval takes effect at the end of 14 days after the date of the decision or, if another period is specified by the Regulatory Authority, at the end of that period.\n> \n> > (3) The notice of a decision to cancel the provider approval must set out the date on which it takes effect.\n> \n> > (4) This Law applies to a suspension of a provider approval under this section as if it were a suspension under section 27.","sortOrder":93},{"sectionNumber":"34","sectionType":"section","heading":"Effect of cancellation","content":"#### 34 Effect of cancellation\n\n34 Effect of cancellation\n\n> > (1) Subject to this section, if a provider approval is cancelled under section 33 of this Law as applying in any participating jurisdiction, all service approvals held by the person who was the approved provider are also cancelled.\n> \n> > (2) A cancellation under subsection (1) applies to both education and care services and any associated children’s services.\n> \n> > (3) A service approval is not cancelled under subsection (1) if before that cancellation a person is approved under section 41 to manage or control the education and care service.\n> \n> > (4) A service approval is cancelled if a person referred to in subsection (3) ceases to manage or control the service.\n> \n> > (5) A provider whose provider approval is to be cancelled under section 33 may apply to the Regulatory Authority under Part 3 for consent to transfer a service approval held by the provider.\n> \n> > (6) The application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made.\n> \n> > (7) If an application for consent to transfer is made, the service approval is suspended until the Regulatory Authority determines the application.\n> \n> > (8) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer specify a later date.\n> \n> > (9) If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent.","sortOrder":94},{"sectionNumber":"35","sectionType":"section","heading":"Approved provider to provide information to Regulatory Authority","content":"#### 35 Approved provider to provide information to Regulatory Authority\n\n35 Approved provider to provide information to Regulatory Authority\n\n> > (1) This section applies if a show cause notice has been given to an approved provider under section 26 or 32.\n> \n> > (2) The approved provider, at the request of the Regulatory Authority, must, within 7 days of the request, provide the Regulatory Authority with the contact details of the parents of all children enrolled at each education and care service operated by the approved provider.\n> \n> > (3) The Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an education and care service about the suspension or cancellation.","sortOrder":95},{"sectionNumber":"Division 5","sectionType":"division","heading":"Approval of executor, representative or guardian as approved provider","content":"## Division 5 Approval of executor, representative or guardian as approved provider\n\nDivision 5 Approval of executor, representative or guardian as approved provider","sortOrder":99},{"sectionNumber":"40","sectionType":"section","heading":"Incapacity of approved provider","content":"#### 40 Incapacity of approved provider\n\n40 Incapacity of approved provider\n\n> > (1) This section applies if an approved provider has become incapacitated.\n> \n> > (2) The legal personal representative or guardian of an approved provider may apply to the Regulatory Authority for a provider approval.\n> \n> > (3) The application must—\n> > \n> > > (a) be in writing; and\n> > \n> > > (b) include the prescribed information; and\n> > \n> > > (c) include payment of the prescribed fee.","sortOrder":101},{"sectionNumber":"41","sectionType":"section","heading":"Decision on application","content":"#### 41 Decision on application\n\n41 Decision on application\n\n> > (1) The Regulatory Authority must not grant a provider approval to a person who has made an application under section 39 or 40 unless the Regulatory Authority is satisfied that the person is a fit and proper person to be involved in the provision of an education and care service.\n> \n> > (2) Sections 12, 13 and 14 apply to the assessment of a person under subsection (1).\n> \n> > (3) Subject to this section, the Regulatory Authority may—\n> > \n> > > (a) grant the provider approval; or\n> > \n> > > (b) grant the provider approval subject to conditions; or\n> > \n> > > (c) refuse to grant the provider approval.\n> \n> > (4) An approval under this section—\n> > \n> > > (a) may be granted for a period of not more than 6 months; and\n> > \n> > > (b) may be extended for a further period of not more than 6 months—\n> > \n> > at the discretion of the Regulatory Authority.\n> \n> > (5) The provider approval is granted only in relation to the operation of the approved education and care services of the approved provider for whom the applicant is the executor, legal personal representative or guardian, as the case requires.","sortOrder":102},{"sectionNumber":"Division 6","sectionType":"division","heading":"Exercise of powers by another Regulatory Authority","content":"## Division 6 Exercise of powers by another Regulatory Authority\n\nDivision 6 Exercise of powers by another Regulatory Authority","sortOrder":103},{"sectionNumber":"43","sectionType":"section","heading":"Application for service approval","content":"#### 43 Application for service approval\n\n43 Application for service approval\n\n> > (1) An approved provider may apply to the Regulatory Authority for a service approval for an education and care service.\n> \n> > (2) An approved provider may only apply for a service approval for an education and care service if the approved provider is or will be the operator of the education and care service and is or will be responsible for the management of the staff members and nominated supervisor of that service.\n> \n> > (3) A person who has applied for a provider approval may apply to the Regulatory Authority for a service approval, however the Regulatory Authority must not grant the service approval unless the provider approval is granted.","sortOrder":106},{"sectionNumber":"44","sectionType":"section","heading":"Form of application","content":"#### 44 Form of application\n\n44 Form of application\n\n> > (1) An application for a service approval must—\n> > \n> > > (b) be in writing; and\n> > \n> > > (c) include the prescribed information; and\n> > \n> > > (d) nominate a certified supervisor to be the nominated supervisor for the service and include that person’s written consent to the nomination; and\n> > \n> > > (e) include payment of the prescribed fee.\n> \n> > (2) An application for service approval may include an associated children’s service.\n> \n> > (3) The approved provider can be the nominated supervisor if he or she—\n> > \n> > > (a) is a certified supervisor; or\n> > \n> > > (b) has applied for a supervisor certificate—\n> > \n> > however the Regulatory Authority must not grant the service approval unless the supervisor certificate has been granted.","sortOrder":107},{"sectionNumber":"45","sectionType":"section","heading":"Regulatory Authority may seek further information","content":"#### 45 Regulatory Authority may seek further information\n\n45 Regulatory Authority may seek further information\n\n> > (1) The Regulatory Authority may ask an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.\n> \n> > (2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 48 for the Regulatory Authority to make a decision on the application.","sortOrder":108},{"sectionNumber":"46","sectionType":"section","heading":"Investigation of application for service approval","content":"#### 46 Investigation of application for service approval\n\n46 Investigation of application for service approval\n\n> > (1) For the purposes of determining an application for a service approval, the Regulatory Authority may—\n> > \n> > > (a) undertake inquiries and investigations, including inquiries relating to the previous licensing, accreditation or registration of the education and care service under a former education and care services law, a children’s services law or an education law of any participating jurisdiction; and\n> > \n> > > (b) inspect the education and care service premises; and\n> > \n> > > (c) inspect the policies and procedures of the service.\n> \n> > (2) For the purposes of an inspection under subsection (1)(b) or (c), the Regulatory Authority may enter the education and care service premises at any reasonable time.","sortOrder":109},{"sectionNumber":"47","sectionType":"section","heading":"Determination of application","content":"#### 47 Determination of application\n\n47 Determination of application\n\n> > (1) Subject to subsection (3), in determining an application under section 43, the Regulatory Authority must have regard to—\n> > \n> > > (a) the National Quality Framework; and\n> > \n> > > (b) except in the case of a family day care residence, the suitability of the education and care service premises and the site and location of those premises for the operation of an education and care service; and\n> > \n> > > (c) the adequacy of the policies and procedures of the service; and\n> > \n> > > (d) whether the applicant has a provider approval; and\n> > \n> > > (e) whether the nominated supervisor for the service is a certified supervisor and whether that person has consented in writing to the nomination; and\n> > \n> > > (f) any other matter the Regulatory Authority thinks fit; and\n> > \n> > > (g) any other prescribed matter.\n> \n> > (2) In addition, the Regulatory Authority may have regard to—\n> > \n> > > (a) whether the applicant is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant;\n> > \n> > > (b) the applicant’s history of compliance with this Law or this Law as applying in any participating jurisdiction, including in relation to any other education and care service it operates.\n> \n> > (3) Subject to subsection (4), in assessing an associated children’s service for the purposes of determining whether to grant a service approval, the Regulatory Authority must have regard to the criteria under the children’s services law of this jurisdiction for the grant of a children’s services licence.\n> \n> > (4) The criteria referred to in subsection (3) do not include criteria relating to whether the applicant is a fit and proper person.","sortOrder":110},{"sectionNumber":"48","sectionType":"section","heading":"Grant or refusal of service approval","content":"#### 48 Grant or refusal of service approval\n\n48 Grant or refusal of service approval\n\n> > (1) On an application under section 43, the Regulatory Authority may—\n> > \n> > > (a) grant the service approval; or\n> > \n> > > (b) refuse to grant the service approval.\n> > \n> > Note.\n> > \n> > A service approval is granted subject to conditions in accordance with section 51.\n> \n> > (2) Subject to subsection (3), the Regulatory Authority must make a decision on the application within 90 days after the Regulatory Authority received the application.\n> > \n> > Note.\n> > \n> > If further information is requested under section 45(2), the period between the making of the request and the provision of the information is not included in the 90 day period.\n> \n> > (3) The period referred to in subsection (2) may be extended with the agreement of the applicant.\n> \n> > (4) The Regulatory Authority may grant a service approval solely for an education and care service if—\n> > \n> > > (a) the application includes an application for an associated children’s service; and\n> > \n> > > (b) that associated children’s service does not comply with the criteria referred to in section 47(2).\n> \n> > (5) The Regulatory Authority is taken to have refused to grant a service approval if the Regulatory Authority has not made a decision under subsection (1)—\n> > \n> > > (a) within the relevant time required under subsection (2); or\n> > \n> > > (b) within the period extended under subsection (3)—\n> > \n> > as the case requires.\n> \n> > (6) A service approval cannot be granted solely for an associated children’s service.","sortOrder":111},{"sectionNumber":"49","sectionType":"section","heading":"Grounds for refusal","content":"#### 49 Grounds for refusal\n\n49 Grounds for refusal\n\n> > (1) The Regulatory Authority must refuse to grant a service approval if—\n> > \n> > > (a) the Regulatory Authority is satisfied that the service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the education and care service; or\n> > \n> > > (b) the applicant does not have a provider approval.\n> \n> > (2) The Regulatory Authority may refuse to grant a service approval on any other grounds prescribed in the national regulations.","sortOrder":112},{"sectionNumber":"50","sectionType":"section","heading":"Notice of decision on application","content":"#### 50 Notice of decision on application\n\n50 Notice of decision on application\n\n> The Regulatory Authority must give written notice to the applicant of a decision under section 48 and the reasons for the decision within 7 days after the decision is made.","sortOrder":113},{"sectionNumber":"51","sectionType":"section","heading":"Conditions on service approval","content":"#### 51 Conditions on service approval\n\n51 Conditions on service approval\n\n> > (4) A service approval is granted subject to a condition that the approved provider must hold the prescribed insurance in respect of the education and care service.\n> \n> > (5) A service approval is granted subject to any other conditions prescribed in the national regulations or imposed by—\n> > \n> > > (a) this Law; or\n> > \n> > > (b) the Regulatory Authority.","sortOrder":114},{"sectionNumber":"52","sectionType":"section","heading":"Copy of service approval to be provided","content":"#### 52 Copy of service approval to be provided\n\n52 Copy of service approval to be provided\n\n> If the Regulatory Authority grants a service approval under this Part, the Regulatory Authority must provide a copy of the service approval to the approved provider stating—\n> \n> > (a) the name of the education and care service; and\n> \n> > (b) the location of the education and care service or, if the education and care service is a family day care service, the location of the principal office and any approved family day care venue for the service; and\n> \n> > (c) any conditions to which the service approval is subject; and\n> \n> > (d) the date the service approval was granted; and\n> \n> > (e) the service approval number; and\n> \n> > (f) the name of the approved provider; and\n> \n> > (g) for a service other than a family day care service, the maximum number of children who can be educated and cared for by the service at any one time; and\n> \n> > (h) the details of any service waiver under Division 5 or temporary waiver under Division 6 applying to the service; and\n> \n> > (i) any other prescribed matters.","sortOrder":115},{"sectionNumber":"53","sectionType":"section","heading":"Annual fee","content":"#### 53 Annual fee\n\n53 Annual fee\n\n> An approved provider must, in accordance with the national regulations, pay the prescribed annual fee in respect of each service approval held by the approved provider.","sortOrder":116},{"sectionNumber":"54","sectionType":"section","heading":"Amendment of service approval on application","content":"#### 54 Amendment of service approval on application\n\n54 Amendment of service approval on application\n\n> > (1) An approved provider may apply to the Regulatory Authority for an amendment of a service approval.\n> \n> > (2) An application must—\n> > \n> > > (a) be in writing; and\n> > \n> > > (b) include the prescribed information; and\n> > \n> > > (c) include payment of the prescribed fee.\n> \n> > (3) The Regulatory Authority may ask the approved provider to provide any further information that is reasonably required for the purpose of assessing the application.\n> \n> > (4) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request and the provision of the further information is not included in the period referred to in subsection (5).\n> \n> > (5) The Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\n> \n> > (6) The Regulatory Authority must decide the application by—\n> > \n> > > (a) amending the service approval in the way applied for; or\n> > \n> > > (b) with the applicant’s written agreement, amending the service approval in another way; or\n> > \n> > > (c) refusing to amend the service approval.\n> \n> > (7) Without limiting subsection (6), an amendment may vary a condition of the service approval or impose a new condition on the service approval.\n> \n> > (8) An amendment cannot change a location of an education and care service.\n> \n> > (9) The Regulatory Authority must give written notice of its decision to the approved provider.","sortOrder":118},{"sectionNumber":"55","sectionType":"section","heading":"Amendment of service approval by Regulatory Authority","content":"#### 55 Amendment of service approval by Regulatory Authority\n\n55 Amendment of service approval by Regulatory Authority\n\n> > (1) The Regulatory Authority may amend a service approval at any time without an application from the approved provider.\n> \n> > (2) Without limiting subsection (1), an amendment may vary a condition of the service approval or impose a new condition on the service approval.\n> \n> > (3) The Regulatory Authority must give written notice of the amendment to the approved provider.\n> \n> > (4) An amendment under this section has effect—\n> > \n> > > (a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or\n> > \n> > > (b) if another period is specified by the Regulatory Authority, at the end of that period.\n> \n> > (5) The Regulatory Authority must amend a service approval to the extent that it relates to an associated children’s service in accordance with any direction by the children’s services regulator if that direction is given in accordance with the children’s services law of this jurisdiction.","sortOrder":119},{"sectionNumber":"56","sectionType":"section","heading":"Notice of change to nominated supervisor","content":"#### 56 Notice of change to nominated supervisor\n\n56 Notice of change to nominated supervisor\n\n> > (1) The approved provider of an education and care service must give written notice to the Regulatory Authority in accordance with this section if the approved provider wishes to change the person nominated as the nominated supervisor of the education and care service.\n> \n> > (2) The notice must—\n> > \n> > > (a) nominate a certified supervisor to be the nominated supervisor for the service and include that person’s written consent to the nomination; and\n> > \n> > > (b) include the prescribed information; and\n> > \n> > > (c) be given—\n> > > \n> > > > (i) at least 7 days before the new certified supervisor is to commence work as the nominated supervisor; or\n> > > \n> > > > (ii) if that period of notice is not possible in the circumstances, as soon as practicable and not more than 14 days after the certified supervisor commences work as the nominated supervisor.","sortOrder":120},{"sectionNumber":"57","sectionType":"section","heading":"Copy of amended service approval to be provided","content":"#### 57 Copy of amended service approval to be provided\n\n57 Copy of amended service approval to be provided\n\n> If the Regulatory Authority amends a service approval under this Division, the Authority must provide an amended copy of the service approval to the approved provider.","sortOrder":121},{"sectionNumber":"58","sectionType":"section","heading":"Service approval may be transferred","content":"#### 58 Service approval may be transferred\n\n58 Service approval may be transferred\n\n> > (1) Subject to this Division, an approved provider who holds a service approval (transferring approved provider) may transfer the service approval to another approved provider (receiving approved provider).\n> \n> > (2) If a service approval is transferred to a receiving approved provider the transfer includes the transfer of the service approval for any associated children’s service.\n> \n> > (3) A person who holds a provider approval may transfer a service approval held by the provider even if the provider approval or service approval is suspended.","sortOrder":123},{"sectionNumber":"59","sectionType":"section","heading":"Regulatory Authority to be notified of transfer","content":"#### 59 Regulatory Authority to be notified of transfer\n\n59 Regulatory Authority to be notified of transfer\n\n> > (1) The transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority of the transfer—\n> > \n> > > (a) at least 42 days before the transfer is intended to take effect; or\n> > \n> > > (b) if the Regulatory Authority considers that the circumstances are exceptional, a lesser period agreed to by the Regulatory Authority.\n> \n> > (2) The notice must—\n> > \n> > > (a) be in writing; and\n> > \n> > > (b) include the prescribed information; and\n> > \n> > > (c) include payment of the prescribed fee.","sortOrder":124},{"sectionNumber":"60","sectionType":"section","heading":"Consent of Regulatory Authority required for transfer","content":"#### 60 Consent of Regulatory Authority required for transfer\n\n60 Consent of Regulatory Authority required for transfer\n\n> A service approval cannot be transferred without the consent of the Regulatory Authority.","sortOrder":125},{"sectionNumber":"61","sectionType":"section","heading":"Consent taken to be given unless Regulatory Authority intervenes","content":"#### 61 Consent taken to be given unless Regulatory Authority intervenes\n\n61 Consent taken to be given unless Regulatory Authority intervenes\n\n> The Regulatory Authority is taken to have consented to the transfer of a service approval if—\n> \n> > (a) the parties have given a notification under section 59; and\n> \n> > (b) 28 days before the transfer is intended to take effect, the Regulatory Authority has not notified the parties that it intends to intervene under section 62.","sortOrder":126},{"sectionNumber":"62","sectionType":"section","heading":"Transfer may be subject to intervention by Regulatory Authority","content":"#### 62 Transfer may be subject to intervention by Regulatory Authority\n\n62 Transfer may be subject to intervention by Regulatory Authority\n\n> > (1) The Regulatory Authority may intervene in a transfer of a service approval if the Regulatory Authority is concerned as to any of the following matters—\n> > \n> > > (a) whether the receiving approved provider is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant;\n> > \n> > > (b) the receiving approved provider’s history of compliance with this Law as applying in a participating jurisdiction, including in relation to any other education and care service it operates;\n> > \n> > > (c) any other matter relevant to the transfer of the service approval.\n> \n> > (2) The Regulatory Authority must notify the transferring approved provider and the receiving approved provider of the decision to intervene.\n> \n> > (3) The notice must be given at least 28 days before the date on which the transfer is intended to take effect.\n> \n> > (4) A notification under subsection (2) must—\n> > \n> > > (a) be in writing; and\n> > \n> > > (b) include the prescribed information.","sortOrder":127},{"sectionNumber":"63","sectionType":"section","heading":"Effect of intervention","content":"#### 63 Effect of intervention\n\n63 Effect of intervention\n\n> If the Regulatory Authority intervenes under section 62, the transfer must not proceed unless and until the Regulatory Authority gives written consent to the transfer.","sortOrder":128},{"sectionNumber":"64","sectionType":"section","heading":"Regulatory Authority may request further information","content":"#### 64 Regulatory Authority may request further information\n\n64 Regulatory Authority may request further information\n\n> If the Regulatory Authority has intervened under section 62, the Regulatory Authority may—\n> \n> > (a) request further information from the transferring approved provider or receiving approved provider for the purposes of deciding whether to consent to the transfer; and\n> \n> > (b) undertake inquiries in relation to the receiving approved provider for that purpose.","sortOrder":129},{"sectionNumber":"65","sectionType":"section","heading":"Decision after intervention","content":"#### 65 Decision after intervention\n\n65 Decision after intervention\n\n> > (1) If the Regulatory Authority has intervened under section 62, it may decide—\n> > \n> > > (a) to consent to the proposed transfer; or\n> > \n> > > (b) to refuse to consent to the proposed transfer.\n> \n> > (2) If the Regulatory Authority consents to the proposed transfer the Regulatory Authority may impose conditions on the consent, including specifying the date on which the proposed transfer is to take effect.\n> \n> > (3) The service approval must be transferred in accordance with the conditions imposed on the consent.","sortOrder":130},{"sectionNumber":"66","sectionType":"section","heading":"Regulatory Authority to notify outcome 7 days before transfer","content":"#### 66 Regulatory Authority to notify outcome 7 days before transfer\n\n66 Regulatory Authority to notify outcome 7 days before transfer\n\n> > (1) If the Regulatory Authority has intervened in the transfer of a service approval, the Authority must, at least 7 days before the date on which the transfer is intended to take effect, give a notice to each party specifying that the Authority—\n> > \n> > > (a) consents to the transfer; or\n> > \n> > > (b) refuses to consent to the transfer; or\n> > \n> > > (c) has suspended further consideration of the transfer until further information is received and that the transfer may not proceed until a further notice is given under this section consenting to the transfer; or\n> > \n> > > (d) has not yet made a decision on the transfer and that the Regulatory Authority will make a decision on the transfer within 28 days and that the transfer may not proceed until a further notice is given under this section consenting to the transfer.\n> \n> > (2) If the Regulatory Authority consents to the transfer, the notice—\n> > \n> > > (a) must specify—\n> > > \n> > > > (i) the date on which the transfer is to take effect; and\n> > > \n> > > > (ii) any conditions on the consent to the transfer; and\n> > \n> > > (b) may include notice of any condition that the Regulatory Authority has imposed on the provider approval or a service approval of the receiving approved provider because of the transfer.\n> \n> > (3) If the Regulatory Authority refuses to consent to the transfer, the notice must include the reasons for the refusal.","sortOrder":131},{"sectionNumber":"67","sectionType":"section","heading":"Transfer of service approval without consent is void","content":"#### 67 Transfer of service approval without consent is void\n\n67 Transfer of service approval without consent is void\n\n> A transfer of a service approval is void if—\n> \n> > (a) it is made without the consent of the Regulatory Authority; or\n> \n> > (b) it is made in contravention of the conditions imposed by the Regulatory Authority on the consent to the transfer; or\n> \n> > (c) it is made to a person who is not the approved provider who gave the notification under section 59 as the receiving approved provider.","sortOrder":132},{"sectionNumber":"68","sectionType":"section","heading":"Confirmation of transfer","content":"#### 68 Confirmation of transfer\n\n68 Confirmation of transfer\n\n> > (1) The transferring approved provider and the receiving approved provider must give written notice to the Regulatory Authority within 2 days after the transfer takes effect specifying the date of the transfer.\n> > \n> > Penalty—\n> > \n> > > $4000, in the case of an individual.\n> > \n> > > $20 000, in any other case.\n> \n> > (2) On receipt of a notice under this section, the Regulatory Authority must amend the service approval and provide an amended copy of the service approval to the receiving approved provider.\n> \n> > (3) The amendment to the service approval is taken to take effect on the date of the transfer.\n> \n> > (4) An approved provider who gives notice under this section is not guilty of an offence for a failure of any other person to give that notice.","sortOrder":133},{"sectionNumber":"69","sectionType":"section","heading":"Notice to parents","content":"#### 69 Notice to parents\n\n69 Notice to parents\n\n> > (1) The receiving approved provider must give written notice to the parents of children enrolled at an education and care service of the transfer of the service approval for that service to that provider.\n> > \n> > Penalty—\n> > \n> > > $3000, in the case of an individual.\n> > \n> > > $15 000, in any other case.\n> \n> > (2) The notice must be given at least 2 days before the date on which the transfer of the service approval takes effect.","sortOrder":134},{"sectionNumber":"70","sectionType":"section","heading":"Grounds for suspension of service approval","content":"#### 70 Grounds for suspension of service approval\n\n70 Grounds for suspension of service approval\n\n> A Regulatory Authority may suspend a service approval if—\n> \n> > (a) the Regulatory Authority reasonably believes that it would not be in the best interests of children being educated and cared for by the service for the service to continue; or\n> \n> > (b) a condition of the service approval has not been complied with; or\n> \n> > (c) the service is not being managed in accordance with this Law; or\n> \n> > (d) the service has operated at a rating level as not meeting the National Quality Standard and—\n> > \n> > > (i) a service waiver or temporary waiver does not apply to the service in respect of that non-compliance; and\n> > \n> > > (ii) there has been no improvement in the rating level; or\n> \n> > (e) the approved provider has contravened this Law as applying in any participating jurisdiction; or\n> \n> > (f) the approved provider has failed to comply with a direction, compliance notice or emergency order under this Law as applying in any participating jurisdiction in relation to the service; or\n> \n> > (g) the approved provider has—\n> > \n> > > (i) ceased to operate the education and care service at the education and care service premises for which the service approval was granted; and\n> > \n> > > (ii) within 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or\n> \n> > (h) the approved provider has not, within 6 months after being granted a service approval, commenced ongoing operation of the service; or\n> \n> > (i) the approved provider has not paid the prescribed annual fee for the service approval.","sortOrder":136},{"sectionNumber":"71","sectionType":"section","heading":"Show cause notice before suspension","content":"#### 71 Show cause notice before suspension\n\n71 Show cause notice before suspension\n\n> > (1) This section applies if the Regulatory Authority is considering the suspension of a service approval under section 70.\n> \n> > (2) The Regulatory Authority must first give the approved provider a notice (show cause notice) stating—\n> > \n> > > (a) that the Regulatory Authority intends to suspend the service approval; and\n> > \n> > > (b) the proposed period of suspension; and\n> > \n> > > (c) the reasons for the proposed suspension; and\n> > \n> > > (d) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.","sortOrder":137},{"sectionNumber":"72","sectionType":"section","heading":"Decision in relation to suspension","content":"#### 72 Decision in relation to suspension\n\n72 Decision in relation to suspension\n\n> After considering any written response from the approved provider received within the time allowed by section 71(2)(d), the Regulatory Authority may—\n> \n> > (a) suspend the service approval for a period not more than the prescribed period; or\n> \n> > (b) decide not to suspend the service approval.","sortOrder":138},{"sectionNumber":"73","sectionType":"section","heading":"Suspension of service approval without show cause","content":"#### 73 Suspension of service approval without show cause\n\n73 Suspension of service approval without show cause\n\n> The Regulatory Authority may suspend the service approval without giving the approved provider a show cause notice under section 71 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by the education and care service.","sortOrder":139},{"sectionNumber":"74","sectionType":"section","heading":"Notice and effect of decision","content":"#### 74 Notice and effect of decision\n\n74 Notice and effect of decision\n\n> > (1) The Regulatory Authority must give the approved provider written notice of the decision to suspend.\n> \n> > (2) Subject to section 76, the decision under section 72 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.\n> \n> > (3) Subject to section 76, the decision under section 73 to suspend takes effect on the giving of the notice.\n> \n> > (4) The notice of a decision to suspend must set out—\n> > \n> > > (a) the period of suspension; and\n> > \n> > > (b) the date on which it takes effect.\n> \n> > (5) A suspension of a service approval also suspends the service approval to the extent that it relates to an associated children’s service.","sortOrder":140},{"sectionNumber":"75","sectionType":"section","heading":"Suspension of service approval to the extent that it relates to associated children’s service","content":"#### 75 Suspension of service approval to the extent that it relates to associated children’s service\n\n75 Suspension of service approval to the extent that it relates to associated children’s service\n\n> > (1) If the Regulatory Authority considers that a service approval should be suspended to the extent only that it applies to an associated children’s service, the Regulatory Authority must refer the matter to the children’s services regulator of this jurisdiction for determination under the children’s services law.\n> \n> > (2) The children’s services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children’s service under the children’s services law.\n> \n> > (3) If a final determination is made under the children’s services law of this jurisdiction that a service approval should be suspended to the extent that it relates to an associated children’s service—\n> > \n> > > (a) the children’s services regulator must advise the Regulatory Authority of that determination; and\n> > \n> > > (b) the service approval is suspended to the extent that it relates to the associated children’s service in accordance with that determination.","sortOrder":141},{"sectionNumber":"76","sectionType":"section","heading":"Transfer of suspended service","content":"#### 76 Transfer of suspended service\n\n76 Transfer of suspended service\n\n> > (1) The Regulatory Authority may consent under this Part to the transfer of a service approval that is suspended under section 72 or 73.\n> \n> > (2) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the Regulatory Authority’s consent to the transfer otherwise provide.","sortOrder":142},{"sectionNumber":"77","sectionType":"section","heading":"Grounds for cancellation of service approval","content":"#### 77 Grounds for cancellation of service approval\n\n77 Grounds for cancellation of service approval\n\n> A Regulatory Authority may cancel a service approval if—\n> \n> > (a) the Regulatory Authority reasonably believes that the continued operation of the education and care service would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by the education and care service; or\n> \n> > (b) the service has been suspended under section 72 or 73 and the reason for the suspension has not been rectified at or before the end of the period of suspension; or\n> \n> > (c) the service approval was obtained improperly; or\n> \n> > (d) a condition of the service approval has not been complied with.","sortOrder":143},{"sectionNumber":"78","sectionType":"section","heading":"Show cause notice before cancellation","content":"#### 78 Show cause notice before cancellation\n\n78 Show cause notice before cancellation\n\n> > (1) This section applies if the Regulatory Authority is considering the cancellation of a service approval under section 77.\n> \n> > (2) The Regulatory Authority must first give the approved provider a notice (show cause notice) stating—\n> > \n> > > (a) that the Regulatory Authority intends to cancel the service approval; and\n> > \n> > > (b) the reasons for the proposed cancellation; and\n> > \n> > > (c) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.","sortOrder":144},{"sectionNumber":"79","sectionType":"section","heading":"Decision in relation to cancellation","content":"#### 79 Decision in relation to cancellation\n\n79 Decision in relation to cancellation\n\n> > (1) After considering any written response from the approved provider received within the time allowed by section 78(2)(c), the Regulatory Authority—\n> > \n> > > (a) may—\n> > > \n> > > > (i) cancel the service approval; or\n> > > \n> > > > (ii) suspend the service approval for a period not more than the prescribed period; or\n> > > \n> > > > (iii) decide not to cancel the service approval; and\n> > \n> > > (b) must give the approved provider written notice of the decision.\n> \n> > (2) Subject to section 81, the decision to cancel the service approval takes effect—\n> > \n> > > (a) at the end of 14 days after the date of the decision; or\n> > \n> > > (b) if another period is specified by the Regulatory Authority, at the end of that period.\n> \n> > (3) The notice of a decision to cancel must set out the date on which it takes effect.\n> \n> > (4) A cancellation of a service approval includes the cancellation of the service approval to the extent that it relates to an associated children’s service.\n> \n> > (5) This Law applies to a suspension of a service approval under this section as if it were a suspension under section 72.","sortOrder":145},{"sectionNumber":"80","sectionType":"section","heading":"Cancellation of service approval to the extent that it relates to associated children’s service","content":"#### 80 Cancellation of service approval to the extent that it relates to associated children’s service\n\n80 Cancellation of service approval to the extent that it relates to associated children’s service\n\n> > (1) If the Regulatory Authority considers that a service approval should be cancelled to the extent only that it applies to an associated children’s service, the Regulatory Authority must refer the matter to the children’s services regulator of this jurisdiction for determination under the children’s services law.\n> \n> > (2) The children’s services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children’s service under the children’s services law.\n> \n> > (3) If a final determination is made under the children’s services law of this jurisdiction that a service approval should be cancelled to the extent that it relates to an associated children’s service—\n> > \n> > > (a) the children’s services regulator must advise the Regulatory Authority of that determination; and\n> > \n> > > (b) the service approval is cancelled to the extent that it relates to the associated children’s service in accordance with that determination.","sortOrder":146},{"sectionNumber":"81","sectionType":"section","heading":"Application for transfer of cancelled service","content":"#### 81 Application for transfer of cancelled service\n\n81 Application for transfer of cancelled service\n\n> > (1) An approved provider may apply to the Regulatory Authority under this Part for consent to transfer a service approval that is to be cancelled under this Part.\n> \n> > (2) The application for consent to transfer must be made within 14 days after the decision to cancel the service approval is made.\n> \n> > (3) If an application for consent to transfer is made, the cancellation of the service approval does not take effect, and the service approval is suspended, until the Regulatory Authority determines the application.","sortOrder":147},{"sectionNumber":"82","sectionType":"section","heading":"Decision on application to transfer cancelled service","content":"#### 82 Decision on application to transfer cancelled service\n\n82 Decision on application to transfer cancelled service\n\n> > (1) If the Regulatory Authority consents to the transfer—\n> > \n> > > (a) the decision to cancel the service approval is revoked; and\n> > \n> > > (b) the suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date for the suspension to cease.\n> \n> > (2) If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse to consent.","sortOrder":148},{"sectionNumber":"83","sectionType":"section","heading":"Approved provider to provide information to Regulatory Authority","content":"#### 83 Approved provider to provide information to Regulatory Authority\n\n83 Approved provider to provide information to Regulatory Authority\n\n> > (1) This section applies if a show cause notice has been given to an approved provider under section 71 or 78.\n> \n> > (2) The approved provider, at the request of the Regulatory Authority, must provide the Authority with the contact details of the parents of all children enrolled at the education and care service.\n> \n> > (3) The Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an approved education and care service of a suspension or cancellation of the service approval for the service.","sortOrder":149},{"sectionNumber":"84","sectionType":"section","heading":"Notice to parents of suspension or cancellation","content":"#### 84 Notice to parents of suspension or cancellation\n\n84 Notice to parents of suspension or cancellation\n\n> > (1) This section applies if a service approval has been suspended or cancelled under section 72, 73, 79 or 81.\n> \n> > (2) The Regulatory Authority may require the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at the education and care service to which the approval relates and any associated children’s service.\n> \n> > (3) The approved provider must comply with a requirement made under subsection (2).\n> > \n> > Penalty—\n> > \n> > > $3000 in the case of an individual.\n> > \n> > > $15 000 in any other case.","sortOrder":150},{"sectionNumber":"85","sectionType":"section","heading":"Voluntary suspension of service approval","content":"#### 85 Voluntary suspension of service approval\n\n85 Voluntary suspension of service approval\n\n> > (1) An approved provider may apply to the Regulatory Authority for the suspension of a service approval for a period of not more than 12 months.\n> \n> > (2) The application must—\n> > \n> > > (a) be in writing; and\n> > \n> > > (b) include the prescribed information; and\n> > \n> > > (c) include payment of the prescribed fee.\n> \n> > (3) The Regulatory Authority may agree to the suspension, having regard to whether the suspension is reasonable in the circumstances.\n> \n> > (4) The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the education and care service and any associated children’s service of the intention to make the application.\n> \n> > (5) The Regulatory Authority must, within 30 days after the application is made, decide whether or not to grant the application.\n> \n> > (6) If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider.","sortOrder":151},{"sectionNumber":"86","sectionType":"section","heading":"Surrender of service approval","content":"#### 86 Surrender of service approval\n\n86 Surrender of service approval\n\n> > (1) An approved provider may surrender a service approval by written notice to the Regulatory Authority.\n> \n> > (2) The notice must specify a date on which the surrender is intended to take effect which must be—\n> > \n> > > (a) after the notice is given; and\n> > \n> > > (b) after the end of the period of notice required under subsection (3).\n> \n> > (3) The approved provider must notify the parents of children enrolled at the education and care service to which the approval relates and any associated children’s service of the intention to surrender the service approval, at least 14 days before the surrender is intended to take effect.\n> \n> > (4) If a service approval is surrendered, the approval is cancelled on the date specified in the notice.","sortOrder":152},{"sectionNumber":"Division 7","sectionType":"division","heading":"Exercise of powers by another Regulatory Authority","content":"## Division 7 Exercise of powers by another Regulatory Authority\n\nDivision 7 Exercise of powers by another Regulatory Authority","sortOrder":153},{"sectionNumber":"Division 8","sectionType":"division","heading":"Associated children’s services","content":"## Division 8 Associated children’s services\n\nDivision 8 Associated children’s services","sortOrder":154},{"sectionNumber":"Division 9","sectionType":"division","heading":"Offences","content":"## Division 9 Offences\n\nDivision 9 Offences","sortOrder":155},{"sectionNumber":"106","sectionType":"section","heading":"Application for supervisor certificate","content":"#### 106 Application for supervisor certificate\n\n106 Application for supervisor certificate\n\n> > (1) A person may apply to the Regulatory Authority for a supervisor certificate.\n> \n> > (2) An applicant must be an individual of or above the age of 18 years.","sortOrder":158},{"sectionNumber":"107","sectionType":"section","heading":"Form of application","content":"#### 107 Form of application\n\n107 Form of application\n\n> An application under section 106 must—\n> \n> > (a) be in writing signed by the applicant; and\n> \n> > (b) include the prescribed information; and\n> \n> > (c) include payment of the prescribed fee.","sortOrder":159},{"sectionNumber":"108","sectionType":"section","heading":"Applicant must satisfy Regulatory Authority of specified matters","content":"#### 108 Applicant must satisfy Regulatory Authority of specified matters\n\n108 Applicant must satisfy Regulatory Authority of specified matters\n\n> > (1) An applicant must satisfy the Regulatory Authority that the applicant—\n> > \n> > > (a) is a fit and proper person to be a supervisor of an education and care service; and\n> > \n> > > (b) meets the prescribed minimum requirements for qualifications, experience and management capability.\n> \n> > (2) The following persons are taken, in the absence of evidence to the contrary, to satisfy the requirements of subsection (1)(a)—\n> > \n> > > (a) a person who is a registered teacher under an education law of a participating jurisdiction;\n> > \n> > > (b) a person who holds a current working with children card under the working with children law of a participating jurisdiction.","sortOrder":160},{"sectionNumber":"109","sectionType":"section","heading":"Matters to be taken into account in assessing whether fit and proper person","content":"#### 109 Matters to be taken into account in assessing whether fit and proper person\n\n109 Matters to be taken into account in assessing whether fit and proper person\n\n> > (1) The Regulatory Authority, in determining whether it is satisfied that a person is a fit and proper person under this Division, must have regard to—\n> > \n> > > (a) the history of the person’s compliance with—\n> > > \n> > > > (i) this Law as applying in any participating jurisdiction; and\n> > > \n> > > > (ii) a former education and care services law of a participating jurisdiction; and\n> > > \n> > > > (iii) a children’s services law of a participating jurisdiction; and\n> > > \n> > > > (iv) an education law of a participating jurisdiction; and\n> > > \n> > > Note.\n> > > \n> > > If a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291(5).\n> > \n> > > (b) any decision under a former education and care services law, a children’s services law or an education law of a participating jurisdiction to refuse, refuse to renew, suspend or cancel a licence, approval, registration or certification or other authorisation granted to the person under that law; and\n> > \n> > > (c) the working with children check for that person, or if there is no working with children check for that person, any prescribed matters relating to the criminal history of the person to the extent that that history may affect the person’s suitability for the role of supervisor of an education and care service.\n> \n> > (2) Without limiting subsection (1), the Regulatory Authority may have regard to whether the person has a medical condition that may affect the person’s capacity to be the supervisor of an education and care service.\n> \n> > (3) Nothing in subsection (1) or (2) limits the circumstances in which a person may be considered not to satisfy the Regulatory Authority that he or she is a fit and proper person to be a supervisor of an education and care service.","sortOrder":161},{"sectionNumber":"110","sectionType":"section","heading":"Regulatory Authority may seek further information","content":"#### 110 Regulatory Authority may seek further information\n\n110 Regulatory Authority may seek further information\n\n> > (1) For the purpose of carrying out an assessment as to whether a person is a fit and proper person to hold a supervisor certificate, the Regulatory Authority may—\n> > \n> > > (a) ask the person in respect of whom the assessment is being carried out to provide further information; and\n> > \n> > > (b) undertake inquiries or investigations in relation to the person in respect of whom the assessment is being carried out.\n> \n> > (2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 111 for the Regulatory Authority to make a decision on the application.","sortOrder":162},{"sectionNumber":"111","sectionType":"section","heading":"Grant or refusal of supervisor certificate","content":"#### 111 Grant or refusal of supervisor certificate\n\n111 Grant or refusal of supervisor certificate\n\n> > (1) The Regulatory Authority may grant or refuse to grant a supervisor certificate on an application under section 106.\n> > \n> > Note.\n> > \n> > A supervisor certificate is granted subject to conditions in accordance with section 115.\n> \n> > (2) Subject to subsection (3), the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority received the application.\n> > \n> > Note.\n> > \n> > If further information is requested under section 110(3), the period between the making of the request and the provision of the information is not included in the 60 day period.\n> \n> > (3) The period referred to in subsection (3) may be extended by up to 30 days with the agreement of the applicant.\n> \n> > (4) The Regulatory Authority is taken to have refused to grant a supervisor certificate if the Regulatory Authority has not made a decision under subsection (1)—\n> > \n> > > (a) within the relevant time required under subsection (3); or\n> > \n> > > (b) within the period extended under subsection (4)—\n> > \n> > as the case requires.","sortOrder":163},{"sectionNumber":"112","sectionType":"section","heading":"Grounds for refusal","content":"#### 112 Grounds for refusal\n\n112 Grounds for refusal\n\n> The Regulatory Authority must refuse to grant a supervisor certificate if—\n> \n> > (a) the Regulatory Authority is not satisfied that the applicant is a fit and proper person to be the supervisor of an education and care service; or\n> \n> > (b) the applicant is under the age of 18 years; or\n> \n> > (c) the Regulatory Authority is not satisfied that the applicant meets the prescribed minimum requirements for qualifications, experience and management capability.","sortOrder":164},{"sectionNumber":"113","sectionType":"section","heading":"Notice of decision on application","content":"#### 113 Notice of decision on application\n\n113 Notice of decision on application\n\n> The Regulatory Authority must give written notice to the applicant of a decision under section 111 and the reasons for the decision within 7 days after the decision is made.","sortOrder":165},{"sectionNumber":"114","sectionType":"section","heading":"Grant of supervisor certificate to specified classes of persons","content":"#### 114 Grant of supervisor certificate to specified classes of persons\n\n114 Grant of supervisor certificate to specified classes of persons\n\n> > (1) The Regulatory Authority may grant a supervisor certificate to a person in a prescribed class of persons.\n> > \n> > Note.\n> > \n> > A supervisor certificate is granted subject to conditions in accordance with section 115.\n> \n> > (2) Sections 106 to 113 do not apply to the grant of a supervisor certificate under this section.","sortOrder":166},{"sectionNumber":"115","sectionType":"section","heading":"Conditions on certificate","content":"#### 115 Conditions on certificate\n\n115 Conditions on certificate\n\n> > (1) A supervisor certificate is subject to any conditions imposed by—\n> > \n> > > (a) this Law; or\n> > \n> > > (b) the Regulatory Authority.\n> \n> > (2) Without limiting subsection (1), a supervisor certificate is subject to the condition that the certified supervisor must, to the extent that a matter is within the supervisor’s control, comply with this Law in relation to that matter.\n> \n> > (3) Without limiting subsection (1), a supervisor certificate is subject to the condition that the certified supervisor must notify the Regulatory Authority of a change in his or her name or mailing address.","sortOrder":167},{"sectionNumber":"116","sectionType":"section","heading":"Issue of certificate","content":"#### 116 Issue of certificate\n\n116 Issue of certificate\n\n> If the Regulatory Authority grants a supervisor certificate under section 111 or 114, the Authority must issue a certificate containing the following information to the applicant—\n> \n> > (a) the name of the certified supervisor or the prescribed class of person to which the certified supervisor belongs;\n> \n> > (b) any conditions imposed on the supervisor certificate;\n> \n> > (c) the date the supervisor certificate was granted;\n> \n> > (d) the certified supervisor number;\n> \n> > (e) any other prescribed information.","sortOrder":168},{"sectionNumber":"117","sectionType":"section","heading":"Effect of supervisor certificate","content":"#### 117 Effect of supervisor certificate\n\n117 Effect of supervisor certificate\n\n> A person who is the holder of a supervisor certificate may—\n> \n> > (a) be nominated as the nominated supervisor of an education and care service; and","sortOrder":169},{"sectionNumber":"118","sectionType":"section","heading":"Reassessment of suitability","content":"#### 118 Reassessment of suitability\n\n118 Reassessment of suitability\n\n> > (1) The Regulatory Authority may at any time reassess whether a certified supervisor is a fit and proper person to be a supervisor of an education and care service.\n> \n> > (2) Sections 108, 109 and 110 apply to the reassessment.","sortOrder":171},{"sectionNumber":"119","sectionType":"section","heading":"Amendment of supervisor certificate on application","content":"#### 119 Amendment of supervisor certificate on application\n\n119 Amendment of supervisor certificate on application\n\n> > (1) A certified supervisor may apply to the Regulatory Authority for an amendment of the supervisor certificate.\n> \n> > (2) The application must—\n> > \n> > > (a) be in writing; and\n> > \n> > > (b) include the prescribed information; and\n> > \n> > > (c) include payment of the prescribed fee.\n> \n> > (3) The Regulatory Authority must decide the application by—\n> > \n> > > (a) amending the supervisor certificate in the way applied for; or\n> > \n> > > (b) with the applicant’s written agreement, amending the supervisor certificate in another way; or\n> > \n> > > (c) refusing to amend the supervisor certificate.\n> \n> > (4) The Regulatory Authority must make a decision on the application within 30 days after the Regulatory Authority receives the application.\n> \n> > (5) Without limiting subsection (3), an amendment may vary a condition of the supervisor certificate or impose a new condition on the supervisor certificate.","sortOrder":173},{"sectionNumber":"120","sectionType":"section","heading":"Amendment of supervisor certificate by Regulatory Authority","content":"#### 120 Amendment of supervisor certificate by Regulatory Authority\n\n120 Amendment of supervisor certificate by Regulatory Authority\n\n> > (1) The Regulatory Authority may amend a supervisor certificate at any time.\n> \n> > (2) Without limiting subsection (1), an amendment may vary a condition of the supervisor certificate or impose a new condition on the supervisor certificate.\n> \n> > (3) The Regulatory Authority must give written notice to the certified supervisor of the amendment.\n> \n> > (4) An amendment under this section has effect—\n> > \n> > > (a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or\n> > \n> > > (b) if another period is specified by the Regulatory Authority, at the end of that period.","sortOrder":174},{"sectionNumber":"121","sectionType":"section","heading":"Notice of change of circumstances","content":"#### 121 Notice of change of circumstances\n\n121 Notice of change of circumstances\n\n> > (1) A certified supervisor must notify the Regulatory Authority of—\n> > \n> > > (a) any change in the circumstances of the supervisor that affects—\n> > > \n> > > > (i) a requirement under section 108 or 109; or\n> > > \n> > > > (ii) the information specified in the supervisor certificate under section 116; or\n> > \n> > > (b) the suspension or cancellation of a working with children check, working with children card or teacher registration held by the certified supervisor; or\n> > \n> > > (c) any disciplinary proceedings in relation to the certified supervisor under an education law of a participating jurisdiction.\n> > \n> > Penalty: $4000.\n> \n> > (2) The notice must be given within 7 days after the change occurs.","sortOrder":175},{"sectionNumber":"122","sectionType":"section","heading":"Notice of change of information","content":"#### 122 Notice of change of information\n\n122 Notice of change of information\n\n> If the certified supervisor notifies the Regulatory Authority of a change in any of the information stated on the supervisor certificate, the Regulatory Authority may amend the supervisor certificate to show the correct information.","sortOrder":176},{"sectionNumber":"123","sectionType":"section","heading":"Grounds for suspension or cancellation of supervisor certificate","content":"#### 123 Grounds for suspension or cancellation of supervisor certificate\n\n123 Grounds for suspension or cancellation of supervisor certificate\n\n> The Regulatory Authority may suspend or cancel a supervisor certificate—\n> \n> > (a) if the Regulatory Authority is of the opinion that the certified supervisor is no longer a fit and proper person to be a supervisor of an education and care service; or\n> \n> > (b) if the certified supervisor fails to comply with a condition of the supervisor certificate; or\n> \n> > (c) if the certified supervisor fails to comply with a requirement of this Law as applying in any participating jurisdiction in relation to a matter within the certified supervisor’s control.","sortOrder":178},{"sectionNumber":"124","sectionType":"section","heading":"Show cause notice before suspension or cancellation","content":"#### 124 Show cause notice before suspension or cancellation\n\n124 Show cause notice before suspension or cancellation\n\n> > (1) This section applies if the Regulatory Authority is considering the suspension or cancellation of a supervisor certificate under section 123.\n> \n> > (2) The Regulatory Authority must first give the certified supervisor a notice (show cause notice) stating—\n> > \n> > > (a) that the Regulatory Authority intends to suspend or cancel the supervisor certificate; and\n> > \n> > > (b) the reasons for the proposed suspension or cancellation; and\n> > \n> > > (c) that the certified supervisor may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension or cancellation.","sortOrder":179},{"sectionNumber":"125","sectionType":"section","heading":"Decision in relation to suspension or cancellation","content":"#### 125 Decision in relation to suspension or cancellation\n\n125 Decision in relation to suspension or cancellation\n\n> After considering any written response from the certified supervisor received within the time allowed by section 124(2)(c) (if applicable), the Regulatory Authority—\n> \n> > (a) may—\n> > \n> > > (i) suspend the supervisor certificate for a period not exceeding the prescribed period; or\n> > \n> > > (ii) cancel the supervisor certificate; or\n> > \n> > > (iii) decide not to suspend or cancel the supervisor certificate; and\n> \n> > (b) must give the certified supervisor notice of the decision.","sortOrder":180},{"sectionNumber":"126","sectionType":"section","heading":"Suspension of supervisor certificate without show cause notice","content":"#### 126 Suspension of supervisor certificate without show cause notice\n\n126 Suspension of supervisor certificate without show cause notice\n\n> The Regulatory Authority may suspend the supervisor certificate on a ground referred to in section 123 without giving the supervisor a show cause notice under section 124 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children.","sortOrder":181},{"sectionNumber":"127","sectionType":"section","heading":"Notice and taking effect of suspension or cancellation","content":"#### 127 Notice and taking effect of suspension or cancellation\n\n127 Notice and taking effect of suspension or cancellation\n\n> > (1) The Regulatory Authority must give the certified supervisor written notice of the decision to suspend or cancel the supervisor certificate under section 125 or 126.\n> \n> > (2) The notice of a decision to suspend must set out—\n> > \n> > > (a) the period of suspension; and\n> > \n> > > (b) the date on which it takes effect.\n> \n> > (3) The decision under section 125 to suspend or cancel takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.\n> \n> > (4) The decision to suspend under section 126 takes effect on the giving of the notice.","sortOrder":182},{"sectionNumber":"128","sectionType":"section","heading":"Suspension or cancellation of certain supervisor certificates","content":"#### 128 Suspension or cancellation of certain supervisor certificates\n\n128 Suspension or cancellation of certain supervisor certificates\n\n> > (1) If the teacher registration of a person is suspended, the supervisor certificate of that person is suspended at the end of 14 days after that suspension unless and until the Regulatory Authority has assessed the person under section 109 as being a fit and proper person.\n> \n> > (2) If the teacher registration of a person is cancelled, the supervisor certificate of that person is cancelled at the end of 14 days after that cancellation unless the Regulatory Authority has assessed the person under section 109 as being a fit and proper person.\n> \n> > (3) The supervisor certificate of a person is suspended immediately if the working with children card of that person is suspended.\n> \n> > (4) The supervisor certificate of a person is cancelled immediately if the working with children card of that person is cancelled.","sortOrder":183},{"sectionNumber":"129","sectionType":"section","heading":"Voluntary suspension of supervisor certificate","content":"#### 129 Voluntary suspension of supervisor certificate\n\n129 Voluntary suspension of supervisor certificate\n\n> > (1) A certified supervisor may apply to the Regulatory Authority for a suspension of the supervisor certificate for a period of not more than 12 months.\n> \n> > (2) An application must—\n> > \n> > > (a) be in writing; and\n> > \n> > > (b) include the prescribed information; and\n> > \n> > > (c) include payment of the prescribed fee.\n> \n> > (3) The Regulatory Authority may, by written notice, agree to the suspension if the Authority is satisfied that it is reasonable in the circumstances.\n> \n> > (4) The Regulatory Authority must, within 30 days after the application is made, decide whether or not to grant the application.\n> \n> > (5) If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the certified supervisor.","sortOrder":184},{"sectionNumber":"130","sectionType":"section","heading":"Surrender of a supervisor certificate by certified supervisor","content":"#### 130 Surrender of a supervisor certificate by certified supervisor\n\n130 Surrender of a supervisor certificate by certified supervisor\n\n> > (1) A certified supervisor may surrender the supervisor certificate by written notice to the Regulatory Authority.\n> \n> > (2) On the surrender of the supervisor certificate, the certificate is cancelled.","sortOrder":185},{"sectionNumber":"171","sectionType":"section","heading":"Offence relating to direction to exclude inappropriate persons from education and care service premises","content":"#### 171 Offence relating to direction to exclude inappropriate persons from education and care service premises\n\n171 Offence relating to direction to exclude inappropriate persons from education and care service premises\n\n> > (1) The Regulatory Authority may direct an approved provider, a nominated supervisor or a family day care educator to exclude a person whom the Authority is satisfied is an inappropriate person from the education and care service premises while children are being educated and cared for at the premises for such time as the Authority considers appropriate.\n> \n> > (2) A person to whom a direction is given under subsection (1) must comply with the direction.\n> > \n> > Penalty—\n> > \n> > > $10 000, in the case of an individual.\n> > \n> > > $50 000, in any other case.\n> \n> > (3) In this section—\n> > \n> > inappropriate person means a person—\n> > \n> > > (a) who may pose a risk to the safety, health or wellbeing of any child or children being educated and cared for by the education and care service; or\n> > \n> > > (b) whose behaviour or state of mind or whose pattern of behaviour or common state of mind is such that it would be inappropriate for him or her to be on the education and care service premises while children are being educated and cared for by the education and care service.\n> > \n> > Example.\n> > \n> > A person who is under the influence of drugs or alcohol.","sortOrder":189},{"sectionNumber":"Part 7","sectionType":"part","heading":"Compliance with this Law","content":"# Part 7 Compliance with this Law\n\nPart 7 Compliance with this Law","sortOrder":190},{"sectionNumber":"176","sectionType":"section","heading":"Compliance directions","content":"#### 176 Compliance directions\n\n176 Compliance directions\n\n> > (1) This section applies if the Regulatory Authority is satisfied that an education and care service has not complied with a provision of this Law that is prescribed by the national regulations.\n> \n> > (2) The Regulatory Authority may give the approved provider a written direction (a compliance direction) requiring the approved provider to take the steps specified in the direction to comply with that provision.\n> \n> > (3) An approved provider must comply with a direction under subsection (2) within the period (being not less than 14 days) specified in the direction.\n> > \n> > Penalty—\n> > \n> > > $2000, in the case of an individual.\n> > \n> > > $10 000, in any other case.","sortOrder":192},{"sectionNumber":"177","sectionType":"section","heading":"Compliance notices","content":"#### 177 Compliance notices\n\n177 Compliance notices\n\n> > (1) This section applies if the Regulatory Authority is satisfied that an education and care service is not complying with any provision of this Law.\n> \n> > (2) The Regulatory Authority may give the approved provider a notice (a compliance notice) requiring the approved provider to take the steps specified in the notice to comply with that provision.\n> \n> > (3) An approved provider must comply with a compliance notice under subsection (2) within the period (being not less than 14 days) specified in the notice.\n> > \n> > Penalty—\n> > \n> > > $6000, in the case of an individual.\n> > \n> > > $30 000, in any other case.","sortOrder":193},{"sectionNumber":"179","sectionType":"section","heading":"Emergency action notices","content":"#### 179 Emergency action notices\n\n179 Emergency action notices\n\n> > (1) This section applies if the Regulatory Authority is satisfied that an education and care service is operating in a manner that poses, or is likely to pose, an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by the service.\n> \n> > (2) The Regulatory Authority may, by written notice, direct the approved provider of the education and care service to take the steps specified in the notice to remove or reduce the risk within the time (not more than 14 days) specified in the notice.\n> \n> > (3) An approved provider must comply with a direction given under subsection (2).\n> > \n> > Penalty—\n> > \n> > > $6000, in the case of an individual.\n> > \n> > > $30 000, in any other case.","sortOrder":194},{"sectionNumber":"180","sectionType":"section","heading":"Enforceable undertakings","content":"#### 180 Enforceable undertakings\n\n180 Enforceable undertakings\n\n> > (1) This section applies if a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law.\n> \n> > (2) The Regulatory Authority may accept a written undertaking from the person under which the person undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law.\n> \n> > (3) A person may with the consent of the Regulatory Authority withdraw or amend an undertaking.\n> \n> > (4) The Regulatory Authority may withdraw its acceptance of the undertaking at any time and the undertaking ceases to be in force on that withdrawal.\n> \n> > (5) While an undertaking is in force, proceedings may not be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking is given.\n> \n> > (6) If a person complies with the requirements of an undertaking, no further proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\n> \n> > (7) The Regulatory Authority may publish on the Regulatory Authority’s website an undertaking accepted under this section.","sortOrder":196},{"sectionNumber":"181","sectionType":"section","heading":"Failure to comply with enforceable undertakings","content":"#### 181 Failure to comply with enforceable undertakings\n\n181 Failure to comply with enforceable undertakings\n\n> > (1) If the Regulatory Authority considers that the person who gave an undertaking under section 180 has failed to comply with any of its terms, the Regulatory Authority may apply to the relevant tribunal or court for an order under subsection (2) to enforce the undertaking.\n> \n> > (2) If the relevant tribunal or court is satisfied that the person has failed to comply with a term of the undertaking, the relevant tribunal or court may make any of the following orders—\n> > \n> > > (a) an order directing the person to comply with that term of the undertaking;\n> > \n> > > (b) an order that the person take any specified action for the purpose of complying with the undertaking;\n> > \n> > > (c) any other order that the relevant tribunal or court considers appropriate in the circumstances.\n> \n> > (3) If the relevant tribunal or court determines that the person has failed to comply with a term of the undertaking, proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.","sortOrder":197},{"sectionNumber":"182","sectionType":"section","heading":"Grounds for issuing prohibition notice","content":"#### 182 Grounds for issuing prohibition notice\n\n182 Grounds for issuing prohibition notice\n\n> > (1) The Regulatory Authority may give a prohibition notice to a person who is in any way involved in the provision of an approved education and care service if it considers that there may be an unacceptable risk of harm to a child or children if the person were allowed—\n> > \n> > > (a) to remain on the education and care service premises; or\n> > \n> > > (b) to provide education and care to children.\n> \n> > (2) For the purposes of subsection (1), a person may be involved in the provision of an approved education and care service as any of the following—\n> > \n> > > (a) an approved provider;\n> > \n> > > (b) a certified supervisor;\n> > \n> > > (c) an educator;\n> > \n> > > (d) a family day care educator;\n> > \n> > > (e) an employee;\n> > \n> > > (f) a contractor;\n> > \n> > > (g) a volunteer—\n> > \n> > or in any other capacity.","sortOrder":199},{"sectionNumber":"183","sectionType":"section","heading":"Show cause notice to be given before prohibition notice","content":"#### 183 Show cause notice to be given before prohibition notice\n\n183 Show cause notice to be given before prohibition notice\n\n> > (1) Before giving a person a prohibition notice, the Regulatory Authority must give the person a notice (a show cause notice)—\n> > \n> > > (a) stating that the Regulatory Authority proposes to give the person a prohibition notice; and\n> > \n> > > (b) stating the reasons for the proposed prohibition; and\n> > \n> > > (c) inviting the person to make a written submission to the Regulatory Authority, within a stated time of at least 14 days, about the proposed prohibition.\n> \n> > (2) Subsection (1) does not apply if the Regulatory Authority is satisfied it is necessary, in the interests of the safety, health or wellbeing of a child or children, to immediately issue a prohibition notice to the person.","sortOrder":200},{"sectionNumber":"184","sectionType":"section","heading":"Deciding whether to issue prohibition notice","content":"#### 184 Deciding whether to issue prohibition notice\n\n184 Deciding whether to issue prohibition notice\n\n> > (1) If the Regulatory Authority gives a show cause notice under section 183 to a person, the Regulatory Authority must have regard to any written submission received from the person within the time stated in the show cause notice before deciding whether to give the person a prohibition notice.\n> \n> > (2) If the Regulatory Authority decides not to issue a prohibition notice to the person, the Regulatory Authority must give the person notice of the decision.","sortOrder":201},{"sectionNumber":"185","sectionType":"section","heading":"Content of prohibition notice","content":"#### 185 Content of prohibition notice\n\n185 Content of prohibition notice\n\n> A prohibition notice given to a person must state—\n> \n> > (a) that the person is prohibited from doing any of the following—\n> > \n> > > (i) providing education and care to children for an education and care service;\n> > \n> > > (ii) being engaged as a supervisor, educator, family day care educator, employee, contractor or staff member of, or being a volunteer at, an education and care service;\n> > \n> > > (iii) carrying out any other activity relating to education and care services; and\n> \n> > (b) that the person may apply for cancellation of the notice; and\n> \n> > (c) how an application for cancellation must be made.","sortOrder":202},{"sectionNumber":"186","sectionType":"section","heading":"Cancellation of prohibition notice","content":"#### 186 Cancellation of prohibition notice\n\n186 Cancellation of prohibition notice\n\n> > (1) If the Regulatory Authority is satisfied there is not a sufficient reason for a prohibition notice to remain in force for a person, the Regulatory Authority must cancel the prohibition notice and give the person notice of the cancellation.\n> \n> > (2) A person for whom a prohibition notice is in force may apply to the Regulatory Authority to cancel the notice.\n> \n> > (3) The application must—\n> > \n> > > (a) be in writing; and\n> > \n> > > (b) include the prescribed information; and\n> > \n> > > (c) be signed by the person.\n> \n> > (4) The person may state in the application anything the person considers relevant to the Regulatory Authority’s decision about whether there would be an unacceptable risk of harm to children if the person were—\n> > \n> > > (a) to remain at the education and care service premises; or\n> > \n> > > (b) to provide education and care to children.\n> \n> > (5) The application may include a statement setting out any change in the person’s circumstances since the prohibition notice was given or since any previous application under this section that would warrant the cancellation of the notice.\n> \n> > (6) The Regulatory Authority must decide the application as soon as practicable after its receipt.","sortOrder":203},{"sectionNumber":"187","sectionType":"section","heading":"Person must not contravene prohibition notice","content":"#### 187 Person must not contravene prohibition notice\n\n187 Person must not contravene prohibition notice\n\n> While a prohibition notice is in force under this Law as applying in any participating jurisdiction for a person, the person must not—\n> \n> > (a) provide education and care to children for an education and care service; or\n> \n> > (b) be engaged as a supervisor, educator, family day care educator, employee, contractor or staff member of, or perform volunteer services for, an education and care service; or\n> \n> > (c) carry out any other activity relating to education and care services.\n> \n> Penalty: $20 000.","sortOrder":204},{"sectionNumber":"188","sectionType":"section","heading":"Offence to engage person to whom prohibition notice applies","content":"#### 188 Offence to engage person to whom prohibition notice applies\n\n188 Offence to engage person to whom prohibition notice applies\n\n> An approved provider must not engage a person as a supervisor, educator, family day care educator, employee, contractor or staff member of, or allow a person to perform volunteer services for, an education and care service if the provider knows, or ought reasonably to know, a prohibition notice is in force under this Law as applying in any participating jurisdiction in respect of the person.\n> \n> Penalty—\n> \n> > $20 000, in the case of an individual.\n> \n> > $100 000, in any other case.","sortOrder":205},{"sectionNumber":"189","sectionType":"section","heading":"Emergency removal of children","content":"#### 189 Emergency removal of children\n\n189 Emergency removal of children\n\n> > (1) This section applies if the Regulatory Authority considers, on reasonable grounds, that there is an immediate danger to the safety or health of a child or children being educated and cared for by an education and care service.\n> \n> > (2) The Regulatory Authority may remove, or cause the removal of, the child or children from the education and care service premises.\n> \n> > (3) In exercising a power under subsection (2)—\n> > \n> > > (a) the Regulatory Authority may be given such assistance by other persons (including police officers) as is reasonably required; and\n> > \n> > > (b) the Regulatory Authority and any person assisting the Regulatory Authority may—\n> > > \n> > > > (i) enter the education and care service premises, without warrant; and\n> > > \n> > > > (ii) use reasonable force as necessary.\n> \n> > (4) If a child is removed from the education and care service premises under subsection (2), the Regulatory Authority must ensure that the child’s parents are immediately notified of the situation and the child’s current location.","sortOrder":207},{"sectionNumber":"Part 8","sectionType":"part","heading":"Review","content":"# Part 8 Review\n\nPart 8 Review","sortOrder":208},{"sectionNumber":"190","sectionType":"section","heading":"Reviewable decision—internal review","content":"#### 190 Reviewable decision—internal review\n\n190 Reviewable decision—internal review\n\n> A reviewable decision for internal review is a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—\n> \n> > (a) to refuse to grant a provider approval, a service approval or a supervisor certificate; or\n> \n> > (b) to amend or refuse to amend a provider approval, a service approval or a supervisor certificate; or\n> \n> > (c) to impose a condition on a provider approval, a service approval or a supervisor certificate; or\n> \n> > (d) to suspend—\n> > \n> > > (i) a provider approval under section 28;\n> > \n> > > (ii) a service approval under section 73;\n> > \n> > > (iii) a supervisor certificate under section 126; or\n> \n> > (e) to refuse to consent to the transfer of a service approval; or\n> \n> > (g) to issue a compliance direction; or\n> \n> > (h) to issue a compliance notice.","sortOrder":210},{"sectionNumber":"191","sectionType":"section","heading":"Internal review of reviewable decisions","content":"#### 191 Internal review of reviewable decisions\n\n191 Internal review of reviewable decisions\n\n> > (1) A person who is the subject of a reviewable decision for internal review may apply to the Regulatory Authority in writing for review of the decision.\n> \n> > (2) An application under subsection (1) must be made—\n> > \n> > > (a) within 14 days after the day on which the person is notified of the decision; or\n> > \n> > > (b) if the person is not notified of the decision, within 14 days after the person becomes aware of the decision.\n> \n> > (3) The person who conducts the review for the Regulatory Authority must not be a person who was involved in the assessment or investigation of the person or service to whom or which the decision relates.\n> \n> > (4) The person conducting the review may ask the person who applied for the review for further information.\n> \n> > (5) A review under this section must be conducted within 30 days after the application is made.\n> \n> > (6) The period specified in subsection (5) may be extended by up to 30 days—\n> > \n> > > (a) if a request for further information is made under subsection (4); or\n> > \n> > > (b) by agreement between the person who applied for the review and the Regulatory Authority.\n> \n> > (7) The Regulatory Authority may, in relation to an application under subsection (1)—\n> > \n> > > (a) confirm the decision; or\n> > \n> > > (b) make any other decision that the Regulatory Authority thinks appropriate.","sortOrder":211},{"sectionNumber":"192","sectionType":"section","heading":"Reviewable decision—external review","content":"#### 192 Reviewable decision—external review\n\n192 Reviewable decision—external review\n\n> A reviewable decision for external review is—\n> \n> > (a) a decision of the Regulatory Authority made under section 191 (other than a decision in relation to the issue of a compliance direction or a compliance notice); or\n> \n> > (b) a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—\n> > \n> > > (i) to suspend a provider approval under section 27; or\n> > \n> > > (ii) to cancel a provider approval under section 33; or\n> > \n> > > (iii) to suspend a service approval under section 72; or\n> > \n> > > (iv) to cancel a service approval under section 79 or 307; or\n> > \n> > > (v) to suspend or cancel a supervisor certificate under section 125; or\n> > \n> > > (vi) to direct the approved provider of a family day care service to suspend the care and education of children by a family day care educator; or\n> > \n> > > (vii) to give a prohibition notice or to refuse to cancel a prohibition notice.\n> \n> Note.\n> \n> A person is not entitled to a review under this section in respect of a suspension or cancellation of a service approval if that suspension or cancellation relates only to an associated children’s service. Any right of review would be under the children’s services law.","sortOrder":213},{"sectionNumber":"193","sectionType":"section","heading":"Application for review of decision of the Regulatory Authority","content":"#### 193 Application for review of decision of the Regulatory Authority\n\n193 Application for review of decision of the Regulatory Authority\n\n> > (1) A person who is the subject of a reviewable decision for external review may apply to the relevant tribunal or court for a review of the decision.\n> \n> > (2) An application must be made within 30 days after the day on which the applicant is notified of the decision that is to be reviewed.\n> \n> > (3) After hearing the matter, the relevant tribunal or court may—\n> > \n> > > (a) confirm the decision of the Regulatory Authority; or\n> > \n> > > (b) amend the decision of the Regulatory Authority; or\n> > \n> > > (c) substitute another decision for the decision of the Regulatory Authority.\n> \n> > (4) In determining any application under this section, the relevant tribunal or court may have regard to any decision under this Law as applying in another participating jurisdiction of a relevant tribunal or court of that jurisdiction.","sortOrder":214},{"sectionNumber":"194","sectionType":"section","heading":"Relationship with Act establishing administrative body","content":"#### 194 Relationship with Act establishing administrative body\n\n194 Relationship with Act establishing administrative body\n\n> This Part applies despite any provision to the contrary in the Act that establishes the relevant tribunal or court but does not otherwise limit that Act.","sortOrder":216},{"sectionNumber":"Part 9","sectionType":"part","heading":"Monitoring and enforcement","content":"# Part 9 Monitoring and enforcement\n\nPart 9 Monitoring and enforcement","sortOrder":217},{"sectionNumber":"195","sectionType":"section","heading":"Authorisation of authorised officers","content":"#### 195 Authorisation of authorised officers\n\n195 Authorisation of authorised officers\n\n> > (1) The Regulatory Authority may authorise any person who the Regulatory Authority is satisfied is an appropriate person to be an authorised officer for the purposes of this Law.\n> \n> > (2) In considering whether a person is an appropriate person to be an authorised officer, the Regulatory Authority must take into account the requirements for the authorisation of authorised officers determined by the National Authority under subsection (5).\n> \n> > (3) An authorised officer holds office on any terms and conditions stated in the authorisation.\n> \n> > (4) A defect in the authorisation of an authorised officer does not affect the validity of any action taken or decision made by the authorised officer under this Law.\n> \n> > (5) The National Authority may determine the requirements for the authorisation of authorised officers under this section.\n> \n> > (6) A determination under subsection (5) must be published on the website of the National Authority.","sortOrder":219},{"sectionNumber":"196","sectionType":"section","heading":"Identity card","content":"#### 196 Identity card\n\n196 Identity card\n\n> > (1) The Regulatory Authority must issue to each authorised officer an identity card in the form prescribed by the national regulations.\n> \n> > (2) The identity card must identify the authorised officer as an authorised officer authorised by the Regulatory Authority under this Law.\n> \n> > (3) An authorised officer must—\n> > \n> > > (a) carry the identity card whenever the officer is exercising his or her functions under this Law; and\n> > \n> > > (b) show the identity card—\n> > > \n> > > > (i) before exercising a power of entry under this Law; and\n> > > \n> > > > (ii) at any time during the exercise of a power under this Law when asked to do so.\n> > \n> > Penalty: $1000.\n> \n> > (4) An authorised officer who fails to comply with subsection (3)(b) in relation to the exercise of a power ceases to be authorised to exercise the power in relation to the matter.\n> \n> > (5) An authorised officer must return his or her identity card to the Regulatory Authority on ceasing to be authorised as an authorised officer for the purposes of this Law.\n> > \n> > Penalty: $1000.","sortOrder":220},{"sectionNumber":"197","sectionType":"section","heading":"Powers of entry for assessing and monitoring approved education and care service","content":"#### 197 Powers of entry for assessing and monitoring approved education and care service\n\n197 Powers of entry for assessing and monitoring approved education and care service\n\n> > (1) An authorised officer may exercise a power under this section for any of the following purposes—\n> > \n> > > (a) monitoring compliance with this Law;\n> > \n> > > (b) a rating assessment of an approved education and care service under Part 5;\n> > \n> > > (c) obtaining information requested under section 35 or 83.\n> \n> > (2) An authorised officer may, at any reasonable time and with such assistants as may reasonably be required, enter any education and care service premises and do any of the following—\n> > \n> > > (a) inspect the premises and any plant, equipment, vehicle or other thing;\n> > \n> > > (b) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;\n> > \n> > > (c) inspect and make copies of, or take extracts from, any document kept at the premises;\n> > \n> > > (d) take any document or any other thing at the premises;\n> > \n> > > (e) ask a person at the premises—\n> > > \n> > > > (i) to answer a question to the best of that person’s knowledge, information and belief;\n> > > \n> > > > (ii) to take reasonable steps to provide information or produce a document.\n> \n> > (3) A power under subsection (1)(a) to (d) is limited to a document or thing that is used or likely to being used in the provision of the education and care service.\n> \n> > (4) If the authorised officer takes any document or thing under subsection (2), he or she must—\n> > \n> > > (a) give notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and\n> > \n> > > (b) return the document or thing to that person or the premises within 7 days after taking it.\n> \n> > (5) An authorised officer may not, under this section, enter a residence unless—\n> > \n> > > (a) an approved education and care service is operating at the residence at the time of entry; or\n> > \n> > > (b) the occupier of the residence has consented in writing to the entry and the inspection.","sortOrder":222},{"sectionNumber":"199","sectionType":"section","heading":"Powers of entry for investigating approved education and care service","content":"#### 199 Powers of entry for investigating approved education and care service\n\n199 Powers of entry for investigating approved education and care service\n\n> > (1) An authorised officer may exercise the powers under this section to investigate an approved education and care service if the authorised officer reasonably suspects that an offence may have been or may be being committed against this Law.\n> \n> > (2) The authorised officer, with any necessary assistants, may with or without the consent of the occupier of the premises, enter the education and care service premises at any reasonable time and do any of the following—\n> > \n> > > (a) search any part of the premises;\n> > \n> > > (b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;\n> > \n> > > (c) take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing;\n> > \n> > > (d) copy, or take an extract from, a document, at the premises;\n> > \n> > > (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection;\n> > \n> > > (f) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.\n> \n> > (3) A power under subsection (1)(b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the education and care service.\n> \n> > (4) An authorised officer may not, under this section, enter a residence unless—\n> > \n> > > (a) an approved education and care service is operating at the residence at the time of entry; or\n> > \n> > > (b) the occupier of the residence has consented in writing to the entry and the inspection.","sortOrder":223},{"sectionNumber":"200","sectionType":"section","heading":"Powers of entry to business premises","content":"#### 200 Powers of entry to business premises\n\n200 Powers of entry to business premises\n\n> > (1) An authorised officer may exercise powers under this section if the authorised officer reasonably suspects that documents or other evidence relevant to the possible commission of an offence against this Law are present at the principal office or any other business premises of an approved provider.\n> \n> > (2) The authorised officer, with the consent of the occupier of the premises, may enter the premises and do any of the following—\n> > \n> > > (a) search any part of the premises;\n> > \n> > > (b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;\n> > \n> > > (c) take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing;\n> > \n> > > (d) copy, or take an extract from, a document, at the premises;\n> > \n> > > (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection;\n> > \n> > > (f) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.\n> \n> > (3) An authorised officer must not enter and search the premises with the consent of the occupier unless, before the occupier consents to that entry, the authorised officer has—\n> > \n> > > (a) produced his or her identity card for inspection; and\n> > \n> > > (b) informed the occupier—\n> > > \n> > > > (i) of the purpose of the search and the powers that may be exercised; and\n> > > \n> > > > (ii) that the occupier may refuse to give consent to the entry and search or to the taking of anything found during the search; and\n> > > \n> > > > (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.","sortOrder":224},{"sectionNumber":"201","sectionType":"section","heading":"Entry to premises with search warrant","content":"#### 201 Entry to premises with search warrant\n\n201 Entry to premises with search warrant\n\n> > (1) An authorised officer under the authority of a search warrant may enter premises if the authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at or from the premises.\n> \n> > (2) An authorised officer under the authority of a search warrant may enter any education and care service premises or any premises where the authorised officer reasonably believes that an approved education and care service is operating if the authorised officer reasonably believes that the education and care service is operating in contravention of this Law.\n> \n> > (3) An authorised officer under the authority of a search warrant may enter the principal office or any other business premises of an approved provider if the authorised officer reasonably believes that documents or other evidence relevant to the possible commission of an offence against this Law are present at those premises.\n> \n> > (4) Schedule 2 applies in relation to the issue of the search warrant and the powers of the authorised officer on entry.","sortOrder":225},{"sectionNumber":"202","sectionType":"section","heading":"Seized items","content":"#### 202 Seized items\n\n202 Seized items\n\n> > (1) If an authorised officer has taken a thing under section 199 or 200 or under a search warrant under section 201, the authorised officer must take reasonable steps to return the thing to the person from whom it was taken if the reason for the taking no longer exists.\n> \n> > (2) If the thing has not been returned within 60 days after it was taken, the authorised officer must take reasonable steps to return it unless—\n> > \n> > > (a) proceedings have been commenced within the period of 60 days and those proceedings (including any appeal) have not been completed; or\n> > \n> > > (b) a court makes an order under section 203 extending the period the thing can be retained.\n> \n> > (3) If an authorised officer has taken a thing under section 199 or 200 or under a search warrant under section 201, the authorised officer must provide the owner of the thing with reasonable access to the thing.","sortOrder":226},{"sectionNumber":"203","sectionType":"section","heading":"Court may extend period","content":"#### 203 Court may extend period\n\n203 Court may extend period\n\n> > (1) An authorised officer may apply to a court within the period of 60 days referred to in section 202 or within a period extended by the court under this section for an extension of the period for which the thing can be held.\n> \n> > (2) The court may order the extension if satisfied that retention of the thing is necessary—\n> > \n> > > (a) for the purposes of an investigation into whether an offence has been committed; or\n> > \n> > > (b) to enable evidence of an offence to be obtained for the purposes of a prosecution.\n> \n> > (3) The court may adjourn an application to enable notice of the application to be given to any person.","sortOrder":227},{"sectionNumber":"204","sectionType":"section","heading":"Power to require name and address","content":"#### 204 Power to require name and address\n\n204 Power to require name and address\n\n> > (1) This section applies if—\n> > \n> > > (a) an authorised officer finds a person committing an offence against this Law; or\n> > \n> > > (b) an authorised officer finds a person in circumstances that lead, or the authorised officer has information that leads, the officer to reasonably suspect the person is committing, or has committed, an offence against this Law.\n> \n> > (2) The authorised officer may require the person to state the person’s name and residential address.\n> \n> > (3) The authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.","sortOrder":229},{"sectionNumber":"205","sectionType":"section","heading":"Power to require evidence of age, name and address of person","content":"#### 205 Power to require evidence of age, name and address of person\n\n205 Power to require evidence of age, name and address of person\n\n> > (1) This section applies if—\n> > \n> > > (a) the national regulations require a staff member, a family day care educator or a volunteer to have attained a prescribed minimum age; and\n> > \n> > > (b) an authorised officer reasonably suspects that a person—\n> > > \n> > > > (i) is employed or engaged as a staff member or a family day care educator by, or is a volunteer at, an education and care service; and\n> > > \n> > > > (ii) has not attained that prescribed minimum age.\n> \n> > (2) The authorised officer may require the person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.\n> \n> > (3) Also, the authorised officer may require the person to provide evidence of the correctness of the stated date of birth—\n> > \n> > > (a) at the time of making the requirement under subsection (2) if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth; or\n> > \n> > > (b) otherwise, within 14 days of making the requirement under subsection (2).\n> \n> > (4) The authorised officer may require the person to state the person’s name and residential address if—\n> > \n> > > (a) the person refuses or is unable to comply with a requirement under subsection (2) or (3); or\n> > \n> > > (b) according to the date of birth the person states, or the evidence of the person’s age the person gives, the person has not attained the prescribed minimum age.","sortOrder":230},{"sectionNumber":"206","sectionType":"section","heading":"Power of authorised officers to obtain information documents and evidence","content":"#### 206 Power of authorised officers to obtain information documents and evidence\n\n206 Power of authorised officers to obtain information documents and evidence\n\n> > (1) An authorised officer may exercise a power under this section for any of the following purposes—\n> > \n> > > (a) monitoring compliance with this Law;\n> > \n> > > (b) a rating assessment of an approved education and care service under Part 5;\n> > \n> > > (c) obtaining information requested under section 35 or 83.\n> \n> > (2) An authorised officer may, by written notice, require a specified person to provide to the authorised officer, by writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice.\n> \n> > (3) The time specified in the notice must not be less than 14 days from the date the notice is issued.\n> \n> > (4) In this section—\n> > \n> > specified person means a person who is or has been—\n> > \n> > > (a) an approved provider, a certified supervisor or a staff member of, or a volunteer at, an approved education and care service; or\n> > \n> > > (b) a family day care educator.","sortOrder":231},{"sectionNumber":"207","sectionType":"section","heading":"Offence to obstruct authorised officer","content":"#### 207 Offence to obstruct authorised officer\n\n207 Offence to obstruct authorised officer\n\n> A person must not obstruct an authorised officer in exercising his or her powers under this Law.\n> \n> Penalty—\n> \n> > $8000, in the case of an individual.\n> \n> > $40 000, in any other case.","sortOrder":233},{"sectionNumber":"208","sectionType":"section","heading":"Offence to fail to assist authorised officer","content":"#### 208 Offence to fail to assist authorised officer\n\n208 Offence to fail to assist authorised officer\n\n> A person must not, without reasonable excuse—\n> \n> > (a) refuse to answer a question lawfully asked by an authorised officer (other than a question asked under section 197(2)(e)); or\n> \n> > (b) refuse to provide information or produce a document lawfully required by an authorised officer; or\n> \n> > (c) fail to comply with a requirement made by an authorised officer under clause 5(2)(f) or (g) of Schedule 2.\n> \n> Penalty—\n> \n> > $8000, in the case of an individual.\n> \n> > $40 000, in any other case.","sortOrder":234},{"sectionNumber":"209","sectionType":"section","heading":"Offence to destroy or damage notices or documents","content":"#### 209 Offence to destroy or damage notices or documents\n\n209 Offence to destroy or damage notices or documents\n\n> A person must not, without lawful authority, destroy or damage any notice or document given or prepared or kept under this Law.\n> \n> Penalty—\n> \n> > $8000, in the case of an individual.\n> \n> > $40 000, in any other case.","sortOrder":235},{"sectionNumber":"210","sectionType":"section","heading":"Offence to impersonate authorised officer","content":"#### 210 Offence to impersonate authorised officer\n\n210 Offence to impersonate authorised officer\n\n> A person must not impersonate an authorised officer.\n> \n> Penalty: $8000.","sortOrder":236},{"sectionNumber":"211","sectionType":"section","heading":"Protection against self incrimination","content":"#### 211 Protection against self incrimination\n\n211 Protection against self incrimination\n\n> > (1) An individual may refuse or fail to give information or do any other thing that the individual is required to do by or under this Law if giving the information or doing the thing might incriminate the individual.\n> \n> > (2) However, subsection (1) does not apply to—\n> > \n> > > (a) the production of a document or part of a document that is required to be kept under this Law; or\n> > \n> > > (b) the giving of the individual’s name or address in accordance with this Law; or\n> > \n> > > (c) anything required to be done under section 215 or 216.\n> \n> > (3) Any document referred to in subsection (2)(a) that is produced by an individual or any information obtained directly or indirectly from that document produced by an individual is not admissible in evidence against the individual in any criminal proceedings (except for criminal proceedings under this Law) or in any civil proceedings.","sortOrder":237},{"sectionNumber":"212","sectionType":"section","heading":"Warning to be given","content":"#### 212 Warning to be given\n\n212 Warning to be given\n\n> > (1) Before requiring a person to answer a question or provide information or a document under this Part or Schedule 2, an authorised officer must—\n> > \n> > > (a) identify himself or herself to the person as an authorised officer by producing the officer’s identity card; and\n> > \n> > > (b) warn the person that a failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and\n> > \n> > > (c) in the case of an individual, warn the person about the effect of section 211.\n> \n> > (2) Nothing in this section prevents an authorised officer from obtaining and using evidence given to the authorised officer voluntarily by any person.\n> \n> > (3) This section does not apply to a request made under section 197.","sortOrder":238},{"sectionNumber":"213","sectionType":"section","heading":"Occupier’s consent to search","content":"#### 213 Occupier’s consent to search\n\n213 Occupier’s consent to search\n\n> > (1) An occupier who consents in writing to the entry and inspection of his or her premises under Division 2 must be given a copy of the signed consent immediately.\n> \n> > (2) If, in any proceeding, a written consent is not produced to the court, it must be presumed until the contrary is proved that the occupier did not consent to the entry and search.","sortOrder":239},{"sectionNumber":"215","sectionType":"section","heading":"Power of Regulatory Authority to obtain information, documents and evidence by notice","content":"#### 215 Power of Regulatory Authority to obtain information, documents and evidence by notice\n\n215 Power of Regulatory Authority to obtain information, documents and evidence by notice\n\n> > (1) This section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law.\n> \n> > (2) The Regulatory Authority may, by written notice, require a specified person—\n> > \n> > > (a) to provide to the Regulatory Authority, in writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or\n> > \n> > > (b) to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or\n> > \n> > > (c) to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice to give any evidence or to produce any relevant document specified in the notice.\n> \n> > (3) The notice must—\n> > \n> > > (a) warn the person that failure or refusal to comply with the notice would constitute an offence; and\n> > \n> > > (b) warn the person about the effect of sections 217, 218 and 219.\n> \n> > (4) The Regulatory Authority or the person specified in the notice acting on the Regulatory Authority’s behalf may require the evidence referred to in subsection (2)(c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation.\n> \n> > (5) The person may give evidence under subsection (2)(c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the person to give that evidence in person.\n> \n> > (6) In this section, specified person has the meaning given in section 206(4).","sortOrder":241},{"sectionNumber":"216","sectionType":"section","heading":"Power of Regulatory Authority to obtain information, documents and evidence at education and care service","content":"#### 216 Power of Regulatory Authority to obtain information, documents and evidence at education and care service\n\n216 Power of Regulatory Authority to obtain information, documents and evidence at education and care service\n\n> > (1) This section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law.\n> \n> > (2) The Regulatory Authority may require a specified person at an education and care service—\n> > \n> > > (a) to provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the suspected offence; or\n> > \n> > > (b) to produce to the Regulatory Authority, or to a person acting on the Regulatory Authority’s behalf, any specified document that is relevant to the suspected offence.\n> \n> > (3) The Regulatory Authority must—\n> > \n> > > (a) warn the person that failure or refusal to comply with the requirement would constitute an offence; and\n> > \n> > > (b) warn the person about the effect of sections 217, 218 and 219.\n> \n> > (4) The Regulatory Authority must not require a person to remain at the education and care service more than a reasonable time for the purposes of providing information or producing documents under subsection (2).\n> \n> > (5) In this section, specified person has the meaning given in section 206(4).","sortOrder":242},{"sectionNumber":"217","sectionType":"section","heading":"Offence to fail to comply with notice or requirement","content":"#### 217 Offence to fail to comply with notice or requirement\n\n217 Offence to fail to comply with notice or requirement\n\n> A person must not refuse or fail to comply with a requirement under section 215 or 216 to the extent that the person is capable of complying with that requirement.\n> \n> Penalty—\n> \n> > $8000, in the case of an individual.\n> \n> > $40 000, in any other case.","sortOrder":243},{"sectionNumber":"218","sectionType":"section","heading":"Offence to hinder or obstruct Regulatory Authority","content":"#### 218 Offence to hinder or obstruct Regulatory Authority\n\n218 Offence to hinder or obstruct Regulatory Authority\n\n> A person must not obstruct or hinder the Regulatory Authority in exercising a power under section 215 or 216.\n> \n> Penalty—\n> \n> > $8000, in the case of an individual.\n> \n> > $40 000, in any other case.","sortOrder":244},{"sectionNumber":"219","sectionType":"section","heading":"Self incrimination not an excuse","content":"#### 219 Self incrimination not an excuse\n\n219 Self incrimination not an excuse\n\n> > (1) A person is not excused from complying with a notice or requirement under section 215 or 216 on the ground that complying with the notice or requirement may result in information being provided that might tend to incriminate the person.\n> \n> > (2) Subject to subsection (3), disclosed information is not admissible in evidence against the individual in any criminal proceedings (other than proceedings under section 218 or 295) or in any civil proceedings.\n> \n> > (3) Despite subsection (2), any information obtained from a document or documents required to be kept under this Law that is produced by a person is admissible in evidence against the person in criminal proceedings under this Law.\n> \n> > (4) In this section—\n> > \n> > disclosed information means—\n> > \n> > > (a) the answer by an individual to any question asked under section 215 or 216; or\n> > \n> > > (b) the provision by an individual of any information in compliance with section 215 or 216; or\n> > \n> > > (c) any information obtained directly or indirectly because of that answer or the provision of that information.","sortOrder":245},{"sectionNumber":"Part 12","sectionType":"part","heading":"Regulatory Authority","content":"# Part 12 Regulatory Authority\n\nPart 12 Regulatory Authority","sortOrder":246},{"sectionNumber":"262","sectionType":"section","heading":"Delegations","content":"#### 262 Delegations\n\n262 Delegations\n\n> > (1) The Regulatory Authority may in writing delegate any of its functions and powers under this Law (other than this power of delegation) to—\n> > \n> > > (a) any person employed under a public sector law of this jurisdiction; or\n> > \n> > > (b) a prescribed person or a person in a prescribed class of persons.\n> \n> > (2) A delegate of the Regulatory Authority must disclose to the Regulatory Authority, at the request of the Authority, any direct or indirect personal or pecuniary interest the delegate may have in relation to the delegated functions and powers.","sortOrder":247},{"sectionNumber":"Part 13","sectionType":"part","heading":"Information, records and privacy","content":"# Part 13 Information, records and privacy\n\nPart 13 Information, records and privacy","sortOrder":248},{"sectionNumber":"267","sectionType":"section","heading":"Register of education and care services","content":"#### 267 Register of education and care services\n\n267 Register of education and care services\n\n> > (1) The Regulatory Authority must keep a register of approved education and care services operating in the participating jurisdiction.\n> \n> > (2) The register of approved education and care services must contain the following information—\n> > \n> > > (a) the name of each service;\n> > \n> > > (b) the name of the approved provider of each service;\n> > \n> > > (c) except in the case of a family day care service, the address of each education and care service premises;\n> > \n> > > (d) in the case of an approved family day care service, the address of the principal office of the service;\n> > \n> > > (e) the rating levels for each service;\n> > \n> > > (f) any other prescribed information.\n> \n> > (3) The register of approved education and care services may be inspected at the office of the Regulatory Authority during normal office hours without charge.","sortOrder":250},{"sectionNumber":"270","sectionType":"section","heading":"Publication of information","content":"#### 270 Publication of information\n\n270 Publication of information\n\n> > (1) The National Authority and the Regulatory Authority may publish the following information about approved providers, approved education and care services and certified supervisors—\n> > \n> > > (a) the name of each provider, service or supervisor;\n> > \n> > > (b) except in the case of approved family day care services, the address of each education and care service premises;\n> > \n> > > (c) in the case of approved family day care services, the address of the principal office of each service;\n> > \n> > > (d) the rating levels of each approved education and care service;\n> > \n> > > (e) other prescribed information in respect of approved education and care services.\n> \n> > (2) The National Authority—\n> > \n> > > (a) must publish on its website—\n> > > \n> > > > (i) the register of approved providers; and\n> > > \n> > > > (ii) the register of certified supervisors; and\n> > \n> > > (b) may publish on its website the register of approved education and care services as kept by a Regulatory Authority.\n> \n> > (3) The Regulatory Authority must publish on its website the register of approved education and care services kept by the Regulatory Authority.\n> \n> > (4) The relevant Commonwealth Department is authorised to publish the register of approved education and care services on a website kept by that department.\n> \n> > (5) The Regulatory Authority may publish the prescribed information about—\n> > \n> > > (a) enforcement actions taken under this Law, including information about compliance notices, prosecutions, enforceable undertakings, suspension or cancellation of approvals or certificates; and\n> > \n> > > (b) any prescribed matters.\n> \n> > (6) Information published under this section must not include information that could identify or lead to the identification of an individual other than—\n> > \n> > > (a) an approved provider or certified supervisor; or\n> > \n> > > (b) a person who is being prosecuted for an offence against this Law.","sortOrder":252},{"sectionNumber":"271","sectionType":"section","heading":"Disclosure of information to other authorities","content":"#### 271 Disclosure of information to other authorities\n\n271 Disclosure of information to other authorities\n\n> > (1) The Regulatory Authority and any government department, public authority and local authority may disclose information in respect of education and care services to each other for the purposes of this Law.\n> \n> > (2) The Regulatory Authority may disclose information in respect of education and care services to the National Authority or a Regulatory Authority of a participating jurisdiction or a person acting for that Authority—\n> > \n> > > (a) for the purposes of this Law; or\n> > \n> > > (b) for the purposes of research and the development of national policy with respect to education and care services.\n> \n> > (4) The Regulatory Authority must disclose to the Regulatory Authorities of other participating jurisdictions the suspension or cancellation of a working with children check, working with children card or teacher registration of a nominated supervisor or certified supervisor of which it is notified under this Law.\n> \n> > (5) The Regulatory Authority may disclose to the head of the government department responsible for the administration of a working with children law, any prohibition notice issued under this Law as applying in any participating jurisdiction in respect of the person.\n> \n> > (7) Information provided under this section must not include information that could identify or lead to the identification of an individual other than—\n> > \n> > > (a) an approved provider or a certified supervisor; or\n> > \n> > > (b) a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\n> > \n> > > (c) a person to whom a prohibition notice applies; or\n> > \n> > > (d) a person who is being prosecuted for an offence against this Law.","sortOrder":254},{"sectionNumber":"272","sectionType":"section","heading":"Disclosure of information to education and care services","content":"#### 272 Disclosure of information to education and care services\n\n272 Disclosure of information to education and care services\n\n> > (1) If requested by an approved provider, the Regulatory Authority may disclose the following information—\n> > \n> > > (a) whether a person named in the request is subject to a prohibition notice issued under this Law as applying in any participating jurisdiction;\n> > \n> > > (b) whether a family day care educator named in the request has been suspended from providing education and care to children as part of a family day care service.","sortOrder":255},{"sectionNumber":"273","sectionType":"section","heading":"Duty of confidentiality","content":"#### 273 Duty of confidentiality\n\n273 Duty of confidentiality\n\n> > (1) An individual who is, or who has been, a person exercising functions under this Law must not disclose to another person protected information.\n> > \n> > Penalty: $5000.\n> \n> > (2) However, subsection (1) does not apply if—\n> > \n> > > (a) the information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or\n> > \n> > > (b) the disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or\n> > \n> > > (c) the disclosure is with the agreement of the person to whom the information relates; or\n> > \n> > > (d) the information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or\n> > \n> > > (e) the information is, or has been accessible to the public, including because it was published for the purposes of, or in accordance with, this Law; or\n> > \n> > > (f) the disclosure is otherwise authorised by the Ministerial Council.\n> \n> > (3) In this section—\n> > \n> > protected information means information—\n> > \n> > > (a) that is personal to a particular individual and that identifies or could lead to the identification of the individual; and\n> > \n> > > (b) that comes to a person’s knowledge in the course of, or because of, the person exercising functions under this Law.","sortOrder":256},{"sectionNumber":"Part 14","sectionType":"part","heading":"Miscellaneous","content":"# Part 14 Miscellaneous\n\nPart 14 Miscellaneous","sortOrder":257},{"sectionNumber":"283","sectionType":"section","heading":"Who may bring proceedings for an offence?","content":"#### 283 Who may bring proceedings for an offence?\n\n283 Who may bring proceedings for an offence?\n\n> > (1) The following persons may bring proceedings for an offence under this Law—\n> > \n> > > (a) the Regulatory Authority;\n> > \n> > > (b) a person authorised by the Regulatory Authority;\n> > \n> > > (c) a police officer.\n> \n> > (2) In a proceeding for an offence against this Law or the regulations it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it.","sortOrder":259},{"sectionNumber":"284","sectionType":"section","heading":"When proceedings may be brought","content":"#### 284 When proceedings may be brought\n\n284 When proceedings may be brought\n\n> Proceedings for an offence under this Law must be commenced within 2 years of the date of the alleged offence.","sortOrder":260},{"sectionNumber":"285","sectionType":"section","heading":"Offences by bodies corporate","content":"#### 285 Offences by bodies corporate\n\n285 Offences by bodies corporate\n\n> > (1) If a body corporate commits an offence against this Law, any person with management or control of the body corporate who failed to exercise due diligence to prevent the contravention that is the subject of the offence also commits that offence and is liable to the penalty for that offence.\n> \n> > (2) The penalty for an offence referred to in this section is the penalty applicable to an individual.","sortOrder":261},{"sectionNumber":"286","sectionType":"section","heading":"Application of Law to partnerships and eligible associations and other entities","content":"#### 286 Application of Law to partnerships and eligible associations and other entities\n\n286 Application of Law to partnerships and eligible associations and other entities\n\n> > (1) If this Law would otherwise require or permit something to be done by a partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n> \n> > (2) If this Law would otherwise require or permit something to be done by an eligible association, the thing may be done by one or more of the members of the executive committee on behalf of the association.\n> \n> > (3) If this Law would otherwise require or permit something to be done by a prescribed entity, the thing may be done by one or more of the persons with management or control of the entity on behalf of the entity.\n> \n> > (4) An offence against this Law that would otherwise be committed by the partnership is taken to have been committed by each partner who is a person with management or control of the partnership.\n> \n> > (5) An offence against this Law that would otherwise be committed by an eligible association is taken to have been committed by each person who is a person with management or control of the association.\n> \n> > (6) An offence against this Law that would otherwise be committed by a prescribed entity is taken to have been committed by each person who is a person with management or control of that entity.\n> \n> > (7) The penalty for an offence that is taken to be committed under this section is the penalty applicable to an individual.","sortOrder":262},{"sectionNumber":"287","sectionType":"section","heading":"Multiple holders of an approval","content":"#### 287 Multiple holders of an approval\n\n287 Multiple holders of an approval\n\n> If more than one person holds a provider approval or service approval under this Law each holder of the approval is jointly and severally responsible for compliance with this Law.","sortOrder":263},{"sectionNumber":"288","sectionType":"section","heading":"Double jeopardy","content":"#### 288 Double jeopardy\n\n288 Double jeopardy\n\n> If a person has been convicted or found guilty in another participating jurisdiction for an offence against this Law as it applies in that jurisdiction, proceedings cannot be brought in this jurisdiction against the same person in respect of an offence concerning the same subject-matter.","sortOrder":264},{"sectionNumber":"289","sectionType":"section","heading":"Immunity","content":"#### 289 Immunity\n\n289 Immunity\n\n> > (1) A member of the Board of the National Authority, a committee of the Board or a Ratings Review Panel is not personally liable for anything done or omitted to be done in good faith—\n> > \n> > > (a) in the exercise of a power or the performance of a function under this Law; or\n> > \n> > > (b) in the reasonable belief that the action or omission was in the exercise of the power or the performance of the function under this Law.\n> \n> > (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to an individual referred to in that subsection attaches instead to the National Authority.\n> \n> > (3) The Regulatory Authority (if an individual) or a member of the governing body of the Regulatory Authority is not personally liable for anything done or omitted to be done in good faith—\n> > \n> > > (a) in the exercise of a power or the performance of a function under this Law; or\n> > \n> > > (b) in the reasonable belief that the action or omission was in the exercise of the power or the performance of the function under this Law.\n> \n> > (4) Any liability resulting from an act or omission that would, but for subsection (3), attach to an individual referred to in that subsection attaches instead to the State.","sortOrder":265},{"sectionNumber":"290","sectionType":"section","heading":"Immunity—education law","content":"#### 290 Immunity—education law\n\n290 Immunity—education law\n\n> > (1) This section applies if the Regulatory Authority becomes aware of misconduct by a registered teacher or other person who could be subject to disciplinary action under an education law of a participating jurisdiction.\n> \n> > (2) The Regulatory Authority may refer the matter to the relevant disciplinary body under the education law.\n> \n> > (3) If the Regulatory Authority refers a matter under subsection (2), a prosecution cannot be brought under this Law for an offence in relation to that matter.","sortOrder":266},{"sectionNumber":"291","sectionType":"section","heading":"Infringement offences","content":"#### 291 Infringement offences\n\n291 Infringement offences\n\n> > (1) An authorised officer or other person authorised by the Regulatory Authority may serve an infringement notice on a person for a contravention of—\n> > \n> > > (a) section 172, 173 or 176; or\n> > \n> > > (b) offences against the national regulations that are prescribed for the purposes of this section.\n> \n> > (2) The infringement penalty for an offence for which an infringement notice may be served on a person is the amount which is 10 per cent of the maximum penalty that could be imposed on the person in respect of that offence.\n> \n> > (3) An infringement notice must be in the form prescribed or contain the information prescribed by the infringements law of this jurisdiction.\n> \n> > (4) Subject to this section, the infringements law of this jurisdiction applies to infringement notices served under this section in this jurisdiction.\n> \n> > (5) The payment of an infringement penalty expiates the offence and is not to be considered in—\n> > \n> > > (a) assessing whether a person is a fit and proper person to be involved in the provision of, or to be a supervisor of, an education and care service; or\n> > \n> > > (b) assessing an approved education and care service under Part 5.","sortOrder":267},{"sectionNumber":"292","sectionType":"section","heading":"Evidentiary certificates","content":"#### 292 Evidentiary certificates\n\n292 Evidentiary certificates\n\n> A certificate purporting to be signed by the chief executive officer of the National Authority or by a Regulatory Authority and stating any of the following matters is prima facie evidence of the matter—\n> \n> > (a) a stated document is one of the following things made, given, issued or kept under this Law—\n> > \n> > > (i) an appointment, approval or decision;\n> > \n> > > (ii) a notice, direction or requirement;\n> > \n> > > (iii) a supervisor certificate;\n> > \n> > > (iv) a register, or an extract from a register;\n> > \n> > > (v) a record, or an extract from a record;\n> \n> > (b) a stated document is another document kept under this Law;\n> \n> > (c) a stated document is a copy of a document mentioned in paragraph (a) or (b);\n> \n> > (d) on a stated day, or during a stated period, a stated person was or was not an approved provider or a certified supervisor;\n> \n> > (e) on a stated day, or during a stated period, an education and care service was or was not an approved education and care service;\n> \n> > (f) on a stated day, or during a stated period, an approval was or was not subject to a stated condition;\n> \n> > (g) on a stated day, an approval or supervisor certificate was suspended or cancelled;\n> \n> > (h) on a stated day, or during a stated period, an appointment as authorised officer was, or was not, in force for a stated person;\n> \n> > (i) on a stated day, a stated person was given a stated notice or direction under this Law;\n> \n> > (j) on a stated day, a stated requirement was made of a stated person.","sortOrder":268},{"sectionNumber":"293","sectionType":"section","heading":"Service of notices","content":"#### 293 Service of notices\n\n293 Service of notices\n\n> > (1) If this Law requires or permits a notice to be served on a person, the notice may be served—\n> > \n> > > (a) on an individual by—\n> > > \n> > > > (i) delivering it to the individual personally; or\n> > > \n> > > > (ii) leaving it at, or by sending it by post to, the address notified to the sender by the individual as an address at which service of notices under this Law will be accepted or otherwise the address of the place of residence or business of the individual last known to the person serving the document; or\n> > > \n> > > > (iii) sending it by facsimile transmission to a facsimile number notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or\n> > > \n> > > > (iv) sending it by email to an internet address notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or\n> > \n> > > (b) on a person other than an individual by—\n> > > \n> > > > (i) leaving it at, or by sending it by post to, the address notified to the sender by the person as an address at which service of notices under this Law will be accepted or otherwise the address of the head office, a registered office or the principal place of business of the person; or\n> > > \n> > > > (ii) sending it by facsimile transmission to a facsimile number notified to the sender by the person as an address at which service of notices under this Law will be accepted; or\n> > > \n> > > > (iii) sending it by email to an internet address notified to the sender by the person as an address at which service of notices under this Law will be accepted.\n> \n> > (2) Subsection (1) applies whether the word “deliver”, “give”, “notify”, “send” or “serve” or another expression is used.\n> \n> > (3) Subsection (1) does not affect the power of a court or tribunal to authorise service of a notice otherwise than as provided in that subsection.","sortOrder":270},{"sectionNumber":"294","sectionType":"section","heading":"Service by post","content":"#### 294 Service by post\n\n294 Service by post\n\n> If a notice authorised or required to be served (whether the word “deliver”, “give”, “notify”, “send” or “serve” or another expression is used) on a person is served by post, service of the notice—\n> \n> > (a) may be effected by properly addressing, prepaying and posting a letter containing the document; and\n> \n> > (b) in Australia or in an external Territory—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected on the fourth day after the letter was posted; and\n> \n> > (c) in another place—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected at the time when the letter would have been delivered in the ordinary course of the post.","sortOrder":271},{"sectionNumber":"295","sectionType":"section","heading":"False or misleading information or documents","content":"#### 295 False or misleading information or documents\n\n295 False or misleading information or documents\n\n> > (1) A person must not give the Regulatory Authority or an authorised officer under this Law any information or document that the person knows is false or misleading in a material particular.\n> > \n> > Penalty—\n> > \n> > > $6000, in the case of an individual.\n> > \n> > > $30 000, in any other case.\n> \n> > (2) Subsection (1) does not apply in respect of the giving of a document, if the person when giving the document—\n> > \n> > > (a) informs the Regulatory Authority or authorised officer, to the best of the person’s ability, how it is false or misleading; and\n> > \n> > > (b) gives the correct information to the Regulatory Authority or authorised officer if the person has, or can reasonably obtain, the correct information.","sortOrder":273},{"sectionNumber":"296","sectionType":"section","heading":"Definitions","content":"#### 296 Definitions\n\n296 Definitions\n\n> In this Division—\n> \n> protected disclosure means a disclosure of information or provision of documents to the Regulatory Authority—\n> \n> > (a) pursuant to a request under this Law; or\n> \n> > (b) where the person making the disclosure has a reasonable belief that—\n> > \n> > > (i) an offence against this Law has been or is being committed; or\n> > \n> > > (ii) the safety, health or wellbeing of a child or children being educated and cared for by an education and care service is at risk;\n> \n> serious detrimental action includes dismissal, involuntary transfer, loss of promotion and demotion.","sortOrder":275},{"sectionNumber":"297","sectionType":"section","heading":"Protection from reprisal","content":"#### 297 Protection from reprisal\n\n297 Protection from reprisal\n\n> > (1) A person must not take serious detrimental action against a person in reprisal for a protected disclosure.\n> > \n> > Penalty—\n> > \n> > > $10 000 in the case of an individual.\n> > \n> > > $50 000 in any other case.\n> \n> > (2) A person takes serious detrimental action in reprisal for a protected disclosure if—\n> > \n> > > (a) the person takes or threatens to take the action because—\n> > > \n> > > > (i) a person has made, or intends to make, a protected disclosure; or\n> > > \n> > > > (ii) the person believes that a person has made or intends to make the protected disclosure; or\n> > \n> > > (b) the person incites or permits another person to take or threaten to take the action for either of those reasons.\n> \n> > (3) In determining whether a person takes serious detrimental action in reprisal, it is irrelevant whether or not a reason referred to in subsection (2) is the only or dominant reason as long as it is a substantial reason.","sortOrder":276},{"sectionNumber":"298","sectionType":"section","heading":"Proceedings for damages for reprisal","content":"#### 298 Proceedings for damages for reprisal\n\n298 Proceedings for damages for reprisal\n\n> > (1) A person who takes serious detrimental action against a person in reprisal for a protected disclosure is liable in damages to that person.\n> \n> > (2) The damages may be recovered in proceedings as for a tort in any court of competent jurisdiction.\n> \n> > (3) Any remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in proceedings under this section.\n> \n> > (4) The right of a person to bring proceedings for damages does not affect any other right or remedy available to the person arising from the serious detrimental action.","sortOrder":277},{"sectionNumber":"299","sectionType":"section","heading":"Application for injunction or order","content":"#### 299 Application for injunction or order\n\n299 Application for injunction or order\n\n> A person who believes that serious detrimental action has been taken or may be taken against him or her in reprisal for a protected disclosure may apply to the superior court for—\n> \n> > (a) an order requiring the person who has taken the serious detrimental action to remedy that action; or\n> \n> > (b) an injunction.","sortOrder":278},{"sectionNumber":"300","sectionType":"section","heading":"Injunction or order","content":"#### 300 Injunction or order\n\n300 Injunction or order\n\n> > (1) If, on receipt of an application under section 299, the superior court is satisfied that a person has taken or intends to take serious detrimental action against a person in reprisal for a protected disclosure, the court may—\n> > \n> > > (a) order the person who took the serious detrimental action to remedy that action; or\n> > \n> > > (b) grant an injunction in any terms the court considers appropriate.\n> \n> > (2) The superior court, pending the final determination of an application under section 299, may—\n> > \n> > > (a) make an interim order in the terms of subsection (1)(a); or\n> > \n> > > (b) grant an interim injunction.","sortOrder":279},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation best achieving Law’s purpose","content":"#### 7 Interpretation best achieving Law’s purpose\n\n7 Interpretation best achieving Law’s purpose\n\n> > (1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\n> \n> > (2) Subclause (1) applies whether or not the purpose is expressly stated in this Law.","sortOrder":289}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":15,"completionTokens":4119},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally enacted in 2011 with broader coverage that included home-based education and care services and retail shopping centre child-minding, the Act was significantly narrowed by the 2018 amendments. Those services were removed from the scheme (with transitional bars on new applications), and entire Parts were repealed, refocusing the Act almost exclusively on mobile and occasional education and care services."},"complexity_factors":["The Act imports the entire Children (Education and Care Services) National Law (NSW) by reference and then modifies it through more than 25 sections of exclusions, substitutions, and redefinitions","Nested exemption list in section 4 containing 10 categories of excluded services, some with their own sub-conditions (e.g. hospital-based child-minding and small home-based care)","Tiered maximum penalties that vary based on three categories of offender: individual, large child care provider, or other body corporate","Cross-reliance on external regulations for exempt premises, fees, and the National Quality Standard","Significant structural amendments over time, including repeal of entire Parts (Part 2 and Part 5) and Schedule 2, plus insertion of new modification sections","Dual-layer legislative structure requiring readers to reconcile the Supplementary Provisions Act with the underlying National Law provisions"],"plain_english_summary":"This Act regulates certain child care services in New South Wales that sit **outside** the national quality framework — specifically **mobile education and care services** (programs that visit set locations at set times) and **occasional education and care services** (casual, non-full-time care at fixed premises, not run from the provider’s home).\n\nRather than writing an entirely new rulebook, the Act **imports** the existing *Children (Education and Care Services) National Law (NSW)* and applies it to these “State regulated” services with a long list of modifications. In practice, this means providers of mobile or occasional care must meet the same kinds of safety, staffing, and approval standards as national child care services, but they are regulated only by NSW authorities.\n\n**What providers must do**\n- Anyone providing a State regulated education and care service must hold both a **provider approval** and a **service approval** from the NSW Regulatory Authority (the government body overseeing child care in NSW). Operating without approval carries heavy fines that differ depending on whether the offender is an individual, a large provider, or another organisation.\n- It is also an offence to advertise these services unless you already have approval, or you clearly state the service is pending approval.\n- The Act automatically recognises people who already hold approvals under the national system, treating them as approved providers under this State law.\n\n**What is covered and what is exempt**\n- A “State regulated” service is any service educating or caring for children under 6 who do not ordinarily attend school.\n- The Act **does not** cover services already regulated under the national law, informal babysitting or parent-run playgroups, hospital care, school education, or services teaching a specific activity such as sport, dance, or music.\n- Small, unadvertised care for fewer than 5 children in a home is also exempt.\n\n**How the National Law is modified**\n- The Act lists dozens of National Law provisions that are **excluded** (for example, provisions about the national authority, ministerial council, and family day care).\n- Terms like “education and care service” are redefined so that, within this Act, they mean only the State regulated services.\n- Fees, reviewable decisions, and the National Quality Standard are adapted to fit the NSW-only context.\n\n**Enforcement and oversight**\n- Authorised officers can enter premises, inspect documents, seize items, and issue compliance directions, notices, or emergency action notices.\n- The Regulatory Authority can suspend or cancel approvals, issue prohibition notices against individuals posing a risk to children, and remove children immediately if they are in danger.\n- Decisions can be reviewed internally and externally through the relevant tribunal or court.\n\n**Why this matters**\nThe Act ensures that mobile and occasional child care services — which might otherwise fall through regulatory gaps — are held to consistent safety and quality standards. It creates a “mirror” system so NSW can regulate these services without forcing them into the national framework designed for mainstream long day care and preschools."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have maintained its original purpose: applying a modified version of the national education and care law to NSW state-regulated services. The multiple amendments over time likely reflect updates to keep pace with changes to the national law and administrative arrangements, rather than a fundamental expansion or contraction of scope."},"complexity_factors":["Operates as a 'gap-filler' that incorporates and modifies a separate, complex national law by reference — meaning you must read multiple documents together to understand the full picture","The interaction between national law and state modifications (via Part 4 and regulations) creates layered interpretation challenges","The distinction between 'nationally regulated' and 'state regulated' education and care services is technical and not obvious to a layperson","Has been amended multiple times since 2011 (seven distinct versions), suggesting ongoing regulatory complexity","Relies heavily on subordinate legislation (regulations) that are not contained within the Act itself, so the full legal picture is incomplete without them","The concept of 'National Law Alignment Provisions' appearing as an editorial note rather than primary legislative text is an unusual drafting approach that adds confusion"],"plain_english_summary":"## Children (Education and Care Services) Supplementary Provisions Act 2011 (NSW)\n\n### What is this law?\n\nThis is a **New South Wales (NSW) state law** that acts as a bridge between the national childcare regulatory system and NSW's own state-regulated education and care services.\n\n### Background you need to know\nAustralia has a **national framework** for regulating childcare and early education services (like long day care, family day care, and preschools). Most services fall under this national system. However, **some services are regulated only by NSW** and sit outside that national system.\n\n### What does this Act do?\nThis Act essentially says: *\"Even though these NSW-only services aren't covered by the national law, we're going to apply most of the same rules to them anyway — with some tweaks.\"*\n\nSpecifically, it:\n- **Applies a modified version of the national childcare law** (the *Children (Education and Care Services) National Law (NSW)*) to state-regulated services in NSW\n- **Adjusts how certain rules are interpreted** so they make sense in a NSW-only context (via Part 4 of the Act and supporting regulations)\n- Keeps the **Minister for Education and Early Learning** responsible for overseeing these services\n\n### Who does this affect?\n- **Operators and staff** of childcare and early education services that are regulated by NSW (not the national system) — such as certain preschools or care services that fall outside national coverage\n- **Parents and families** using those services, who benefit from knowing consistent safety and quality standards apply\n- **Regulators** administering these services in NSW\n\n### Why does it matter?\nWithout this Act, some childcare services in NSW would operate with no equivalent quality and safety standards to those applied nationally. This law ensures **consistent protections for children** regardless of which regulatory category their service falls into."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has been amended multiple times to expand its regulatory framework. Originally a simple licensing scheme for mobile and occasional care, it now incorporates a comprehensive regulatory system that mirrors the national framework, including service waivers, detailed assessment and rating processes, and enhanced enforcement powers. The 2018 and 2025 amendments significantly increased penalties and added new provisions."},"complexity_factors":["Extensive cross-referencing to the National Law (NSW) and its modifications (section 21 lists over 20 excluded provisions)","Multiple defined terms in section 3 and incorporated from the National Law","Detailed approval processes with show-cause notices, timeframes, and decision-making criteria","Three-tier penalty structure based on individual, large child care provider, or otherwise","Numerous exemptions from the definition of State regulated education and care service in section 4(3)","Conditional logic in provisions like section 9 (advertising with pending application exception)","Complex alignment provisions that modify the National Law (e.g., section 27A specific variations)","Lengthy schedule of savings and transitional provisions"],"plain_english_summary":"This Act sets up a licensing system for two specific types of child care services in NSW: **mobile education and care services** (services that visit different locations at set times) and **occasional education and care services** (casual or ad-hoc care at a fixed centre). These services are not covered by the national child care laws. The Act requires anyone running such a service to hold a **provider approval** (a licence to operate) and a **service approval** (a licence for the specific service). Running an approved service without these approvals is an offence with fines up to $68,700 for individuals and up to $618,700 for large providers. The Act also bans advertising an unapproved service, with exceptions for pending applications. The system is run by the **Regulatory Authority** (the NSW Department of Education). The Act mostly adopts the rules from the national child care law (the *Children (Education and Care Services) National Law (NSW)*) but adjusts them for these state-regulated services. This includes rules for how to get approvals, conditions on approvals, transfer of approvals, suspension or cancellation for non-compliance, and how the authority can inspect services. The Act also recognises national provider approvals as valid for state services. It sets out penalties for breaching conditions, provides for enforceable undertakings, prohibition notices, and emergency action. There is a right to internal review and external review by a tribunal. The Act applies to care for children under 6 who do not ordinarily attend school, but excludes many services like hospital care, informal babysitting, and some other defined types."}},"importantCases":[],"_links":{"self":"/api/acts/children-education-and-care-services-supplementary-provisions-act-2011","history":"/api/acts/children-education-and-care-services-supplementary-provisions-act-2011/history","analysis":"/api/acts/children-education-and-care-services-supplementary-provisions-act-2011/analysis","conflicts":"/api/acts/children-education-and-care-services-supplementary-provisions-act-2011/conflicts","importantCases":"/api/acts/children-education-and-care-services-supplementary-provisions-act-2011/important-cases","documents":"/api/acts/children-education-and-care-services-supplementary-provisions-act-2011/documents"}}