{"id":"education-and-care-services-national-law-act-2010","name":"Education and Care Services National Law Act 2010","slug":"education-and-care-services-national-law-act-2010","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173805,"registerId":"vic-education-and-care-services-national-law-act-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"206A","sectionType":"section","heading":"Power of authorised officers to obtain information, documents and evidence from recruitment agencies 273","content":"206A Power of authorised officers to obtain information, documents and evidence from recruitment agencies 273\n\n206B Power of authorised officers to obtain information, documents and evidence from former provider for purposes of related provider determinations 274\n\nDivision 4—Offences relating to enforcement 274\n\n207 Offence to obstruct authorised officer 274\n\n208 Offence to fail to assist authorised officer 274\n\n209 Offence to destroy or damage notices or documents 275\n\n210 Offence to impersonate authorised officer 275\n\n211 Protection against self incrimination 275\n\n212 Warning to be given 276\n\n213 Occupier's consent to search 276\n\nDivision 5—Powers of Regulatory Authority 277\n\n214 Powers of Regulatory Authority to obtain information for rating purposes 277\n\n215 Power of Regulatory Authority to obtain information, documents and evidence by notice 277\n\n216 Power of Regulatory Authority to obtain information, documents and evidence at education and care service 279\n\n216A Power of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination 280\n\n216B Power of Regulatory Authority to obtain information, documents and evidence from specified person at education and care service for the purposes of a related provider determination 281\n\n216C Approved provider that is a related provider must disclose certain information to Regulatory Authority 282\n\n217 Offence to fail to comply with notice or requirement 283\n\n218 Offence to hinder or obstruct Regulatory Authority 283\n\n219 Self incrimination not an excuse 283\n\nPart 10—Ministerial Council 285\n\n220 Functions of Ministerial Council 285\n\n221 Powers of Ministerial Council 286\n\n222 Directions 286\n\n223 How Ministerial Council exercises powers 287\n\nPart 11—Australian Children's Education and Care Quality Authority 288\n\nDivision 1—The National Authority 288\n\n224 National Authority 288\n\n225 Functions of National Authority 288\n\n226 National Authority may advise and seek guidance of Ministerial Council 290\n\n227 Powers of National Authority 290\n\n228 Co-operation with participating jurisdictions and Commonwealth 292\n\n229 National audit functions 292\n\nDivision 2—The Board of the National Authority 293\n\nSubdivision 1—Establishment and responsibilities 293\n\n230 National Authority Board 293\n\n231 Responsibilities of Board 293\n\n232 Membership of Board 294\n\nSubdivision 2—Members 295\n\n233 Terms of office of members 295\n\n234 Remuneration 295\n\n235 Vacancy in the office of member 296\n\n236 Acting positions 297\n\n237 Leave of absence 298\n\n238 Disclosure of conflict of interest 299\n\nSubdivision 3—Procedure of Board 300\n\n239 General procedure 300\n\n240 Quorum 301\n\n241 Chief executive officer may attend meetings of the Board 301\n\n242 Presiding member 301\n\n243 Voting 302\n\n244 Defects in appointment of members 302\n\n245 Transaction of business by alternative means 302\n\n246 Delegation by Board 303\n\n247 Committees 304\n\nSubdivision 4—Chief executive officer of the National Authority 305\n\n248 Chief executive officer 305\n\n249 Functions of chief executive officer 305\n\n250 Terms and conditions of appointment 306\n\n251 Remuneration 306\n\n252 Vacancy in office 306\n\n253 Resignation 307\n\n254 Termination of appointment 307\n\n255 Acting chief executive officer 308\n\n256 Disclosure of interests 309\n\nSubdivision 5—Staff, consultants and contractors 309\n\n257 Staff of National Authority 309\n\n258 Staff seconded to National Authority 309\n\n259 Consultants and contractors 309\n\nPart 12—Regulatory Authority 310\n\n260 Functions of Regulatory Authority 310\n\n261 Powers of Regulatory Authority 311\n\n262 Delegations 312\n\nPart 13—Information, Records and Privacy 313\n\nDivision 1—Privacy 313\n\n263 Application of Commonwealth Privacy Act 313\n\nDivision 2—Application of Commonwealth FOI Act 314\n\n264 Application of Commonwealth FOI Act 314\n\nDivision 3—Application of New South Wales State Records Act 315\n\n265 Application of State Records Act 315\n\nDivision 4—Registers 316\n\n266 Register of approved providers 316\n\n267 Register of education and care services 316\n\n269 Register of family day care educators, co‑ordinators and assistants 317\n\nDivision 4A—National Early Childhood Worker Register 318\n\n269A Who is an *education and care service worker*? 318\n\n269B National Early Childhood Worker Register 319\n\n269C National Authority may access and use information on other registers 319\n\n269D Access to National Early Childhood Worker Register 320\n\n269E Approved provider must give information to the National Authority for the National Early Childhood Worker Register 321\n\n269F Collection by National Authority of information for the purposes of maintaining the National Early Childhood Worker Register 322\n\n269G Collection, use and disclosure by National Authority of information on the National Early Childhood Worker Register 322\n\n269H Collection, use and disclosure by Regulatory Authority of information on the National Early Childhood Worker Register 324\n\nDivision 5—Publication of information 326\n\n270 Publication of information 326\n\nDivision 6—Disclosure of information 328\n\n271 Disclosure of information to other authorities 328\n\n272 Disclosure of information to approved providers 331\n\n272A Disclosure of information to recruitment agencies 332\n\n273 Duty of confidentiality 334\n\nPart 14—Miscellaneous 335\n\nDivision 1—Finance 335\n\n274 Australian Children's Education and Care Quality Authority Fund 335\n\n275 Payments into Authority Fund 335\n\n276 Payments out of Authority Fund 336\n\n277 Investment of money in Authority Fund 336\n\n278 Financial management duties of National Authority 336\n\nDivision 2—Reporting 337\n\n279 Annual report 337\n\n280 Tabling and publication of annual report 339\n\n281 Other reporting 339\n\nDivision 3—Application of Commonwealth Ombudsman Act 340\n\n282 Application of Commonwealth Ombudsman Act 340\n\nDivision 4—Legal proceedings 341\n\n283 Who may bring proceedings for an offence? 341\n\n284 When proceedings may be commenced 341\n\n285 Offences by bodies corporate 342\n\n286 Application of Law to partnerships and eligible associations and other entities 342\n\n287 Multiple holders of an approval 343\n\n288 Double jeopardy 343\n\n289 Immunity 343\n\n290 Immunity—education law 344\n\n291 Infringement offences 345\n\n292 Evidentiary certificates 346\n\nDivision 5—Service of notices 347\n\n293 Service of notices 347\n\n294 Service by post 348\n\nDivision 6—False or misleading information 349\n\n295 False or misleading information or documents 349\n\nDivision 7—Protection from reprisal 350\n\n296 Definitions 350\n\n297 Protection from reprisal 350\n\n298 Proceedings for damages for reprisal 351\n\n299 Application for injunction or order 351\n\n300 Injunction or order 352\n\nDivision 8—National regulations 352\n\n301 National regulations 352\n\n302 Publication of national regulations 356\n\n303 Parliamentary scrutiny of national regulations 356\n\n304 Effect of disallowance of national regulation 357\n\nPart 15—Transitional Provisions 358\n\nDivision 1—Introductory 358\n\n305 Definitions 358\n\nDivision 2—Education and care services 360\n\n306 Approved provider 360\n\n307 Service approvals 361\n\n308 Approved family day care venues 362\n\n309 Approval of declared out of scope services 363\n\n310 Application for service waiver or temporary waiver 363\n\n311 Existing applicants 364\n\n312 Existing multiple approvals to merge 364\n\n313 Display of accreditation and rating 365\n\n314 Effect of non-compliance in 3 years before scheme commencement day 365\n\n315 Certified supervisors 366\n\n316 Nominated supervisors 366\n\n317 Notices and undertakings 367\n\n318 Offences 367\n\nDivision 3—National Authority 368\n\n319 First meeting of National Authority 368\n\n320 First chief executive officer of National Authority 368\n\n321 First annual report of National Authority 368\n\nDivision 4—General 368\n\n322 Information retention and sharing 368\n\n323 Approved learning framework 369\n\n324 Savings and transitional regulations 370\n\n324A Regulations dealing with transitional matters—Early Childhood Legislation Amendment (Child Safety) Act 2025 370\n\nDivision 5—Transitional provisions—Education and Care Services National Law Amendment Act 2017 371\n\n325 Definitions 371\n\n326 Approved family day care venues 371\n\n327 Declared approved family day care venues continue to be approved 372\n\n328 Service approval condition requiring sufficient family day care co-ordinators 372\n\n329 Service approval condition requiring minimum number of family day care co‑ordinators 373\n\nDivision 6—Further transitional provisions—Education and Care Services National Law Amendment Act 2017 374\n\n332 Definitions 374\n\n333 Partial assessment and re-rating 374\n\n334 Application for highest rating level made before commencement day 375\n\n335 Highest rating level awarded before, or on application made before, commencement day 376\n\nDivision 7—Transitional provisions—Early Childhood Legislation Amendment Act 2022 377\n\n336 Transitional provision—notification of persons with management or control of an education and care service 377\n\n337 Transitional provision—assessment of provider approval applications 378\n\n338 Transitional provision—service waivers 378\n\n339 Transitional provision—temporary waivers 379\n\nDivision 8—Transitional provisions—Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023 379\n\n340 Transitional provision—approvals in principle—applications for service approval 379\n\nSchedules 381\n\n","sortOrder":0},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Miscellaneous provision relating to interpretation 381","content":"Schedule 1—Miscellaneous provision relating to interpretation 381\n\n","sortOrder":1},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Powers of Entry by search warrant 405","content":"Schedule 2—Powers of Entry by search warrant 405\n\nEndnotes 411\n\n1 General information 411\n\n2 Table of Amendments 413\n\n3 Explanatory details 416\n\n**Version No.** **026**\n\n**Education and Care Services National Law Act 2010**\n\n**No. 69 of 2010**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\n","sortOrder":2},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is to create a National Law to regulate education and care services for children.\n\n","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) This Act comes into operation on a day or days to be proclaimed.\n\n(2) Different days may be proclaimed under subsection (1) for the commencement of different provisions of the Education and Care Services National Law set out in the Schedule.\n\n","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) For the purposes of this Act, the ***local application provisions of this Act*** are the provisions of this Act other than the Education and Care Services National Law set out in the Schedule.\n\n(2) In the local application provisions of this Act—\n\nS. 3(2) def. of *Child Safe Standards condition* inserted by No. 43/2022 s. 3.\n\n***Child Safe Standards condition***, in relation to a service approval granted in this jurisdiction, means the condition to which the service approval is subject pursuant to section 16C(1);\n\nS. 3(2) def. of *Education and Care Services National Law (Victoria)* amended by No. 49/2025 s. 55(b).\n\n***Education and Care Services National Law (Victoria)*** means the provisions applying in this jurisdiction because of section 4;\n\nS. 3(2) def. of *Victorian Early Childhood Regulatory Authority* inserted by No. 49/2025 s. 55(a).\n\n***Victorian Early Childhood Regulatory Authority*** means the Victorian Early Childhood Regulatory Authority established by section 5 of the **Victorian Early Childhood Regulatory Authority Act 2025**.\n\n(3) Terms used in the local application provisions of this Act and also in the Education and Care Services National Law set out in the Schedule have the same meanings in those provisions as they have in that Law.\n\n","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Adoption of National Law","content":"Part 2—Adoption of National Law\n\n","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Adoption of Education and Care Services National Law","content":"\t4 Adoption of Education and Care Services National Law\n\nThe Education and Care Services National Law set out in the Schedule—\n\n(a) applies as a law of this jurisdiction; and\n\n(b) as so applying may be referred to as the Education and Care Services National Law (Victoria); and\n\n(c) as so applying, is part of this Act.\n\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"\t5 Exclusion of legislation of this jurisdiction\n\n(1) The following Acts of this jurisdiction do not apply to the Education and Care Services National Law (Victoria) or to the instruments made under that Law—\n\n(a) the **Freedom of Information Act 1982**;\n\nS. 5(1)(b) repealed by No. 60/2014 s. 140(Sch. 3 item 14.1).\n\n(c) the **Interpretation of Legislation Act 1984**;\n\nS. 5(1)(ca) inserted by No. 60/2014 s. 140(Sch. 3 item 14.2).\n\n(ca) the **Privacy and Data Protection Act 2014**;\n\n(d) the **Subordinate Legislation Act 1994**.\n\n(2) The following Acts of this jurisdiction do not apply to the Education and Care Services National Law (Victoria) or to the instruments made under that Law, except to the extent that that Law and those instruments apply to the Regulatory Authority and the employees, decisions, actions and records of the Regulatory Authority—\n\n(a) the **Audit Act 1994**;\n\n(b) the **Financial Management Act 1994**;\n\n(c) the **Ombudsman Act 1973**;\n\n(d) the **Public Administration Act 2004**;\n\n(e) the **Public Records Act 1973**.\n\nS. 5A inserted by No. 33/2023 s. 11.\n\n","sortOrder":9},{"sectionNumber":"5A","sectionType":"section","heading":"Application of Part 4 of National Law (approval in principle)","content":"\t5A Application of Part 4 of National Law (approval in principle)\n\nFor the purposes of section 105 of the Education and Care Services National Law, Part 4 of that Law is declared to apply to, and in relation to, this jurisdiction.\n\nS. 5B inserted by No. 33/2023 s. 11.\n\n","sortOrder":10},{"sectionNumber":"5B","sectionType":"section","heading":"Minister may declare section 49A of National Law to apply (mandatory approval in principle)","content":"\t5B Minister may declare section 49A of National Law to apply (mandatory approval in principle)\n\n(1) The Minister, by Order published in the Government Gazette, may declare that section 49A of the Education and Care Services National Law applies to, and in relation to, this jurisdiction.\n\n(2) Before making an Order under subsection (1), the Minister must consult the Minister responsible for administering the **Building Act 1993**.\n\n(3) An Order made under this section takes effect—\n\n(a) on and from the day it is published in the Government Gazette; or\n\n(b) if a later day is specified in the Order, on and from that day.\n\n(4) An Order made under this section may be varied or revoked by Order published in the Government Gazette.\n\n(5) An Order made under this section is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction","content":"\t6 Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction\n\n(1) In the Education and Care Services National Law (Victoria)—\n\nS. 6(1) def. of *child protection law* amended by No. 13/2022 s. 6.\n\n***child protection law***  means the  **Children, Youth and Families Act 2005**, the **Child Wellbeing and Safety Act 2005** and the **Family Violence Protection Act 2008**;\n\n***court*** means the Magistrates' Court of Victoria;\n\n***de facto relationship*** means—\n\n(a) a registered domestic relationship; or\n\n(b) a relationship between 2 people who are not married to each other but who are living together as a couple on a genuine domestic basis (irrespective of gender);\n\n***local authority*** means a municipal council;\n\n***magistrate*** means a magistrate within the meaning of the **Magistrates' Court Act 1989**;\n\n***public authority*** means a body established for a public purpose by or under an Act;\n\n***superior court*** means the Supreme Court of Victoria;\n\n***this jurisdiction*** means Victoria.\n\n(2) For the purposes of the definition of ***de facto relationship*** in subsection (1)—\n\n(a) ***registered domestic relationship*** has the same meaning as in the **Relationships Act 2008**;\n\n(b) in determining whether persons who are not in a registered domestic relationship are in a domestic relationship, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case.\n\n","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Relevant tribunal or court","content":"\t7 Relevant tribunal or court\n\nFor the purposes of the definition of ***relevant tribunal or court*** in section 5 of the Education and Care Services National Law (Victoria)—\n\n(a) the Magistrates' Court of Victoria is declared to be the relevant tribunal or court for this jurisdiction for the purposes of section 181 of that Law;\n\nS. 7(b) amended by No. 53/2025 s. 123.\n\n(b) VCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of Division 3A of Part 7 and Part 8 of that Law.\n\nS. 8 amended by Nos 13/2022 s. 14(1), 49/2025 s. 56.\n\n","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Regulatory Authority","content":"\t8 Regulatory Authority\n\nFor the purposes of the definition of ***Regulatory Authority*** in section 5 of the Education and Care Services National Law (Victoria), the Victorian Early Childhood Regulatory Authority is declared to be the Regulatory Authority for this jurisdiction for the purposes of that Law.\n\n","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Children's services law","content":"\t9 Children's services law\n\n(1) For the purposes of the definition of ***children's services law*** in section 5 of the Education and Care Services National Law (Victoria), the **Children's Services Act 1996** and the regulations made under that Act are declared to be a children's services law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 9(2) amended by Nos 13/2022 s. 14(2), 49/2025 s. 57.\n\n(2) For the purposes of the definition of ***children's services regulator*** in section 5 of the Education and Care Services National Law (Victoria), the Victorian Early Childhood Regulatory Authority  is declared to be a children's services regulator for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\n","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Education law","content":"\t10 Education law\n\nFor the purposes of the definition of ***education law*** in section 5 of the Education and Care Services National Law (Victoria), the **Education and Training Reform Act 2006** and the regulations made under that Act are declared to be an education law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Former education and care services law","content":"\t11 Former education and care services law\n\nFor the purposes of the definition of ***former education and care services law*** in section 5 of the Education and Care Services National Law (Victoria), the **Children's Services Act 1996** and the regulations made under that Act (both as in force before the commencement of Part 3 of the Education and Care Services National Law (Victoria) are  declared to be a former education and care services law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 12 amended by No. 47/2014 s. 263 (ILA s. 39B(1)).\n\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Infringements law","content":"\t12 Infringements law\n\n(1) For the purposes of the definition of ***infringements law*** in section 5 of the Education and Care Services National Law (Victoria), the **Infringements Act 2006** and the regulations made under that Act are  declared to be an infringements law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 12(2) inserted by No. 47/2014 s. 263.\n\n(2) For the purposes of the definition of ***infringements law*** in section 5 of the Education and Care Services National Law (Victoria), the **Fines Reform Act 2014** and the regulations made under that Act are declared, for the purpose of enforcing an infringement notice, to be an infringements law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\n","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Public sector law","content":"\t13 Public sector law\n\nFor the purposes of the definition of ***public sector law*** in section 5 of the Education and Care Services National Law (Victoria), the **Public Administration Act 2004** and the regulations made under that Act are  declared to be a public sector law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 14 amended by No. 34/2020 s. 206.\n\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Working with children law","content":"\t14 Working with children law\n\nFor the purposes of the definition of ***working with children law*** in section 5 of the Education and Care Services National Law (Victoria), the **Worker Screening Act 2020** to the extent that it relates to working with children and the regulations made under that Act are  declared to be a working with children law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 15 repealed by No. 43/2022 s. 99, new s. 15 inserted by No. 33/2023 s. 12.\n\n","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Part 4 building law","content":"\t15 Part 4 building law\n\nFor the purposes of the definition of ***Part 4***  ***building law*** in section 5 of the Education and Care Services National Law (Victoria), the **Building Act 1993** and the regulations made under that Act are declared to be a Part 4 building law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 15A inserted by No. 33/2023 s. 12.\n\n","sortOrder":21},{"sectionNumber":"15A","sectionType":"section","heading":"Part 4 application period","content":"\t15A Part 4 application period\n\nFor the purposes of section 107(2) of the Education and Care Services National Law (Victoria), the period during which an application for approval in principle must be made to the Regulatory Authority is declared to be any time before the day on which a building permit is issued under the **Building Act 1993** for the construction, alteration or repair of the education and care service premises.\n\n","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Transitional","content":"\t16 Transitional\n\n(1) For the purposes of the definition of ***declared approved family day care service*** in section 305 of the Education and Care Services National Law (Victoria), a service to which a licence to operate a family day care service applied under the **Children's Services Act 1996** is declared to be a declared approved family day care service for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\n(2) For the purposes of the definition of ***declared approved family day care venue*** in section 305 of the Education and Care Services National Law (Victoria), a family day care venue approved under section 25J or 25L of the **Children's Services Act 1996** is declared to be a declared approved family day care venue for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 16(3) substituted by No. 80/2011 s. 60(1).\n\n(3) For the purposes of the definition of ***declared approved provider*** in section 305 of the Education and Care Services National Law (Victoria), a person who held a licence under the **Children's Services Act 1996** to operate a service declared under subsection (4) to be a declared approved service is declared to be a declared approved provider for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 16(4) substituted by No. 80/2011 s. 60(1).\n\n(4) Subject to subsection (4A), for the purposes of the definition of ***declared approved service*** in section 305 of the Education and Care Services National Law (Victoria), an outside school hours care Type 1 or Type 2 service, an integrated service, a family day care service or a standard service under the **Children's Services Act 1996** is declared to be a declared approved service for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 16(4A) inserted by No. 80/2011 s. 60(1).\n\n(4A) A service is not a declared approved service if it is, or to the extent that it is—\n\n(a) a standard service excluded by the regulations; or\n\n(b) a service that provides education and care for no more than 4 weeks per calendar year during school holidays; or\n\n(c) a limited hours Type 1 or Type 2 service or a short term Type 1 or Type 2 service under the **Children's Services Act 1996**.\n\n(5) For the purposes of the definition of ***declared certified supervisor*** in section 305 of the Education and Care Services National Law (Victoria), a person who was a primary nominee or approved nominee under the **Children's Services Act 1996** of a declared approved service is declared to be a declared certified supervisor for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\n(6) For the purposes of the definition of ***declared compliance notice*** in section 305 of the Education and Care Services National Law (Victoria), an order or a notice issued under section 43 or 43A of the **Children's Services Act 1996** is declared to be a declared compliance notice for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\n(7) For the purposes of the definition of ***declared nominated supervisor*** in section 305 of the Education and Care Services National Law (Victoria), a person who was a primary nominee under the **Children's Services Act 1996** of a declared approved service is declared to be a declared nominated supervisor for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nS. 16(8) substituted by No. 80/2011 s. 60(2).\n\n(8)  For the purposes of the definition of ***former approval*** in section 305 of the Education and Care Services National Law (Victoria), a licence under the **Children's Services Act 1996** to operate a service declared under subsection (4) to be a declared approved service is declared to be a former approval for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).\n\nPt 2A (Heading and ss 16A–16F) inserted by No. 43/2022 s. 4.\n\n","sortOrder":23},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Compliance with Child Safe Standards","content":"Part 2A—Compliance with Child Safe Standards\n\nS. 16A inserted by No. 43/2022 s. 4.\n\n","sortOrder":24},{"sectionNumber":"16A","sectionType":"section","heading":"Definitions","content":"\t16A Definitions\n\n***Child Safe Standards*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;\n\nS. 16A def. of *Commission for Children and Young People* repealed by No. 58/2025 s. 60(a).\n\n***integrated sector regulator*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;\n\n***relevant entity*** means an approved provider of an approved education and care service located in this jurisdiction;\n\nS. 16A def. of *sector regulator* amended by No. 58/2025 s. 60(b).\n\n***sector regulator*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;\n\nS. 16A def. of *Social Services Regulator* inserted by No. 58/2025 s. 60(c).\n\n***Social Services Regulator*** means the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021**.\n\nS. 16B inserted by No. 43/2022 s. 4.\n\n","sortOrder":25},{"sectionNumber":"16B","sectionType":"section","heading":"Functions of the Regulatory Authority as integrated sector regulator","content":"\t16B Functions of the Regulatory Authority as integrated sector regulator\n\n(1) The Regulatory Authority, as an integrated sector regulator, has the following functions in this jurisdiction—\n\n(a) in relation to a relevant entity—\n\n(i) to provide education, information and advice on the Child Safe Standards to promote consistency in child safety outcomes; and\n\n(ii) to collect, analyse and publish information and data regarding compliance with the Child Safe Standards by relevant entities; and\n\n(iii) to promote continuous improvement by relevant entities in relation to the safety of children, the prevention of child abuse and the proper response to allegations of child abuse;\n\n(b) to collaborate with persons and bodies in relation to the safety of children and compliance with the Child Safe Standards;\n\nS. 16B(1)(c) amended by No. 58/2025 s. 61.\n\n(c) to work collaboratively with the Social Services Regulator, sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards.\n\n(2) Without limiting subsection (1)(b), the Regulatory Authority may collaborate with persons and bodies with functions or powers under a law of another State, a Territory or the Commonwealth relating to the monitoring or enforcement of compliance with standards (however described) that correspond to the Child Safe Standards.\n\n(3) The Regulatory Authority may—\n\n(a) give information to persons and bodies in relation to the safety of children and compliance with the Child Safe Standards; and\n\n(b) give information to persons and bodies with functions or powers under a law of another State, a Territory or the Commonwealth relating to the monitoring or enforcement of compliance with standards (however described) that correspond to the Child Safe Standards; and\n\nS. 16B(3)(c) amended by No. 58/2025 s. 61.\n\n(c) give information and data mentioned in subsection (1)(a)(ii) to the Social Services Regulator.\n\n(4) In carrying out its functions under subsection (1) or doing any thing referred to in subsection (3) in respect of a relevant entity, the Regulatory Authority must consider the most effective means of promoting compliance by the relevant entity with the Child Safe Standards.\n\nS. 16C inserted by No. 43/2022 s. 4.\n\n","sortOrder":26},{"sectionNumber":"16C","sectionType":"section","heading":"Modification of Education and Care Services National Law (Victoria)—Child Safe Standards condition","content":"\t16C Modification of Education and Care Services National Law (Victoria)—Child Safe Standards condition\n\n(1) The Education and Care Services National Law (Victoria) applies as a law of this jurisdiction as if before section 51(5) of that Law there were inserted—\n\n\"(4C) A service approval granted in this jurisdiction is subject to the condition that the approved provider must ensure that the education and care service is operated in a way that complies with the Child Safe Standards.\".\n\nThe Regulatory Authority may perform its functions under section 260 of the Education and Care Services National Law (Victoria) in relation to whether there has been compliance with the condition imposed on a service approval pursuant to subsection (1).\n\n(2) For the purposes of subsection (1), a reference in the Education and Care Services National Law (Victoria) to a condition of a service approval granted in this jurisdiction is to be read as if it includes a reference to the Child Safe Standards condition.\n\nS. 16D inserted by No. 43/2022 s. 4.\n\n\t16D Modification of Education and Care Services National Law (Victoria)—enforcement by Regulatory Authority of Child Safe Standards condition\n\nThe Education and Care Services National Law (Victoria) applies as a law of this jurisdiction as if after section 260 of that Law there were inserted—\n\n\"260A Regulatory Authority's enforcement and compliance function in relation to Child Safe Standards condition\n\n(1) In carrying out its function under section 260(c) in relation to an approved provider that is granted a service approval in this jurisdiction that is subject to the Child Safe Standards condition, the Regulatory Authority must consider the most effective means of promoting compliance by the approved provider with the Child Safe Standards condition.\n\n***Child Safe Standards condition*** means the condition subject to which a service approval is granted in this jurisdiction pursuant to section 16C(1) of the **Education and Care Services National Law Act 2010**.\".\n\nS. 16E inserted by No. 43/2022 s. 4.\n\n\t16E Modification of Education and Care Services National Law (Victoria)—function of the National Authority with respect to support and training of Regulatory Authority staff\n\nThe Education and Care Services National Law (Victoria) applies as a law of this jurisdiction as if after section 225(1)(o) of that Law there were inserted—\n\n\"(oa) in relation to staff of the Regulatory Authority, to provide support and training other than in relation to monitoring and enforcing compliance with the Child Safe Standards condition, meaning the condition subject to which a service approval is granted in this jurisdiction pursuant to section 16C(1) of the **Education and Care Services National Law Act 2010**;\".\n\nS. 16F inserted by No. 43/2022 s. 4.\n\n\t16F Modification of Education and Care Services National Law (Victoria)—references to the Law and its application to the Child Safe Standards condition\n\n(1) Subject to subsection (3), a reference in the Education and Care Services National Law (Victoria) to \"this Law\", or the Law as it applies in a participating jurisdiction, includes a reference to the Education and Care Services National Law (Victoria) as modified under section 16C(1).\n\n(2) Subject to subsection (4), a reference in the Education and Care Services National Law (Victoria) to the National Quality Framework includes a reference to the Education and Care Services National Law (Victoria) as modified under section 16C(1).\n\nThe National Quality Framework includes the Education and Care Services National Law (Victoria). See definition of ***national education and care services quality framework*** in section 5(1) of the Education and Care Services National Law (Victoria).\n\n(3) A reference in the following provisions of the Education and Care Services National Law (Victoria) to \"this Law\" does not include a reference to the Education and Care Services National Law (Victoria) as modified by subsection (1)—\n\n(a) section 135;\n\n(b) section 150;\n\n(c) section 220;\n\n(d) section 221;\n\n(e) section 222;\n\n(f) section 223;\n\n(g) section 225(1)(n);\n\n(h) section 226;\n\n(i) section 231;\n\n(j) section 249;\n\n(k) section 282.\n\n(4) A reference in the following provisions of the Education and Care Services National Law (Victoria) to the National Quality Framework does not include a reference to the Education and Care Services National Law (Victoria) as modified by subsection (2)—\n\n(a) section 220;\n\n(b) section 222;\n\n(c) section 225(1)(b), (k), (l)(ii) and (m);\n\n(d) section 227(2)(b);\n\n(e) section 231;\n\n(f) section 249.\n\nPt 2B (Heading and ss 16G–16S) inserted by No. 53/2025 s. 110.\n\n","sortOrder":27},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Modifications to the Education and Care Services National Law (Victoria)","content":"Part 2B—Modifications to the Education and Care Services National Law (Victoria)\n\nPt 2B Div.1 (Heading) inserted by No. 53/2025 s. 111.\n\n","sortOrder":28},{"sectionNumber":"Div 1","sectionType":"division","heading":"General modifications","content":"Division 1—General modifications\n\nS. 16G inserted by No. 53/2025 s. 110.\n\n","sortOrder":29},{"sectionNumber":"16G","sectionType":"section","heading":"Application and interpretation","content":"\t16G Application and interpretation\n\n(1) Without limiting section 4, the Education and Care Services National Law (Victoria) applies as a law of Victoria subject to this Part and is to be read as if the modifications under this Part were part of that Law.\n\n(2) In addition, a reference in the Education and Care Services National Law (Victoria) to \"this Law\", or the Law as it applies in this jurisdiction, includes a reference to the Education and Care Services National Law (Victoria) as modified under this Part.\n\nS. 16H inserted by No. 53/2025 s. 110.\n\n","sortOrder":30},{"sectionNumber":"16H","sectionType":"section","heading":"Definitions","content":"\t16H Definitions\n\n(1) Section 5(1) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if in the definition of ***prohibition notice*** after \"182(1)\" there were inserted \", (1A)\".\n\nS. 16H(2) substituted by No. 53/2025 ss 112, 116.\n\n(2) Section 5(1) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if the following definitions were inserted in the appropriate alphabetical place—\n\n\"***disciplinary agreement*** means agreed action under section 188E(a);\n\n***disciplinary order*** means an order under section 188F;\n\n***emergency action notice*** means a notice under section 179;\n\n***large provider*** means—\n\n(a) a large child care provider within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; or\n\n(b) a person prescribed under the Victorian regulations;\n\n***supervision direction*** means a notice under section 178C(1);\n\n***suspension direction*** means a direction under section 178(4)(c)(i), 178A(1), 178B(1) or 178BA(2);\n\n***training direction*** means a direction under section 178D(1) or 178E(1);\n\n***Victorian Minister*** means the Minister administering section 4 of the **Education and Care Services National Law Act 2010** of Victoria;\n\n***Victorian regulations*** means regulations made under section 18A of the **Education and Care Services National Law Act 2010** of Victoria;\".\n\nS. 16HAA inserted by No. 53/2025 s. 117.\n\n\t16HAA Application for provider approval\n\nSection 10 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if for subsection (1) of that section there were substituted—\n\n\"(1) A person, other than the following persons, may apply to the Regulatory Authority for a provider approval—\n\n(a) a prescribed ineligible person;\n\n(b) a person who—\n\n(i) has, in the previous 12 months, received a notice under section 16 that the Regulatory Authority has refused to grant the person a provider approval; and\n\n(ii) has not been notified by the Regulatory Authority that the person may apply for a provider approval again within 12 months after receiving the notice referred to in subparagraph (i).\".\n\nS. 16HAB inserted by No. 53/2025 s. 117.\n\n\t16HAB Grounds for cancellation of provider approval\n\nSection 31 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after subsection (2) of that section there were inserted—\n\n\"(3) The Regulatory Authority may also cancel a provider approval if the provider has ceased to operate or exist because the provider—\n\n(a) has been deregistered under the Corporations Act; or\n\n(b) is under administration or in liquidation; or\n\n(c) is an association that has been wound up or its incorporation has been cancelled under **Associations Incorporation Reform Act 2012** of Victoria; or\n\n(d) is an association that has been wound up or its incorporation or registration has been cancelled under a law of another participating jurisdiction that substantially corresponds to the **Associations Incorporation Reform Act 2012** of Victoria; or\n\n(e) has otherwise ceased to operate or exist.\n\nS. 16HAC inserted by No. 53/2025 s. 117.\n\n\t16HAC Show cause notice before cancellation\n\nSection 32(2) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if for paragraph (c) of that subsection there were substituted—\n\n\"(c) that the approved provider may give the Regulatory Authority a written response to the proposed cancellation—\n\n(i) for a proposed cancellation under section 31(1) or (2)—within 30 days after the notice is given; and\n\n(ii) for a proposed cancellation under section 31(3)—within 14 days after the notice is given.\".\n\nS. 16HAD inserted by No. 53/2025 s. 117.\n\n\t16HAD Application for service approval\n\nSection 43(1) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if for that subsection there were substituted—\n\n\"(1) A person, other than a specified person, may apply to the Regulatory Authority for a service approval.\n\n(1A) For the purposes of subsection (1), a specified person is a person who—\n\n(a) has, in the previous 12 months, received a notice under section 50 that the Regulatory Authority has refused to grant the person a service approval; and\n\n(b) has not been notified by the Regulatory Authority that the person may apply for a service approval again within 12 months after receiving the notice referred to in paragraph (a).\".\n\nS. 16HAE inserted by No. 53/2025 s. 117.\n\n\t16HAE Ratings levels\n\nSection 134(2) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if at the foot of that subsection there were inserted—\n\n\"**Note**\n\nThe Regulatory Authority may also give the highest rating level prescribed by the national regulations—see section 138A.\".\n\nS. 16HAF inserted by No. 53/2025 s. 117.\n\n\t16HAF Regulatory Authority power to suspend or revoke rating of approved education and care services\n\n","sortOrder":31},{"sectionNumber":"Div 2","sectionType":"division","heading":"of Part 5 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 138 there were inserted—","content":"Division 2 of Part 5 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 138 there were inserted—\n\n\"138A Reassessment and re-rating—Regulatory Authority may suspend or revoke rating of approved education and care services\n\n(1) This section applies if the Regulatory Authority is investigating an approved education and care service under this Law.\n\n(2) The Regulatory Authority may, if the Regulatory Authority is satisfied it is in the public interest, suspend the approved education and care service's rating level while the investigation is being conducted.\n\n(3) On or as soon as practicable after the conclusion of the investigation, the Regulatory Authority may—\n\n(a) revoke the approved education and care service's rating level if the Regulatory Authority considers the revocation necessary or appropriate; and\n\n(b) re-rate the approved education and care service against the National Quality Standard or the national regulations.\n\n(4) Despite section 134, in re-rating the approved education and care service the Regulatory Authority may give the education and care service operating the highest rating level prescribed by the national regulations.\".\n\nS. 16HAG inserted by No. 53/2025 s. 117.\n\n\t16HAG Reassessment and re-rating—scope of Regulatory Authority's power to reassess, suspend or revoke the rating level\n\nDivision 2 of Part 5 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 140 there were inserted—\n\n\"140A Application of Division to education and care service with highest rating level\n\nTo avoid doubt, the Regulatory Authority may reassess, suspend or revoke the rating level for an education and care service even if the rating level is the highest rating level prescribed by the national regulations.\".\n\nS. 16HAH inserted by No. 53/2025 s. 117.\n\n\t16HAH Offence to fail to display prescribed information\n\nSection 172 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after subsection (2) of that section there were inserted—\n\n\"(3) An approved provider of an education and care service must ensure the approved provider's quality and compliance history for the education and care service provided by the approved provider is displayed, in the form approved by the Regulatory Authority, at the education and care service premises in accordance with the Victorian regulations.\n\n$154 800, in the case of a large provider.\n\n***quality and compliance history*** means the information prescribed by the Victorian regulations.\".\n\nS. 16HAI inserted by No. 53/2025 s. 117.\n\n\t16HAI Direction to suspend education and care by staff member (other than a family day care educator) or volunteer\n\nSection 178A of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if—\n\n(a) in subsection (2), for \"provider a notice\" there were substituted \"provider and the relevant staff member or volunteer (as the case may be) a notice\"; and\n\n(b) in subsection (2)(c) after \"provider\" there were inserted \"and the relevant staff member or volunteer (as the case may be)\"; and\n\n(c) in subsection (3), for \"provider a show\" there were substituted \"provider and the relevant staff member or volunteer (as the case may be) a show\"; and\n\n(d) in subsection (3)(a) after \"provider\" there were inserted \"and the relevant staff member or volunteer (as the case may be)\".\n\nS. 16HAJ inserted by No. 53/2025 s. 117.\n\n\t16HAJ Direction to suspend education and care by nominated supervisor\n\nSection 178B of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if—\n\n(a) in subsection (2), for \"provider a notice\" there were substituted \"provider and the relevant nominated supervisor a notice\"; and\n\n(b) in subsection (2)(c) after \"provider\" there were inserted \"and the relevant nominated supervisor\"; and\n\n(c) in subsection (3), for \"provider a show\" there were substituted \"provider and the relevant nominated supervisor a show\"; and\n\n(d) in subsection (3)(a) after \"provider\" there were inserted \"and the relevant nominated supervisor\".\n\nS. 16HAK inserted by No. 53/2025 s. 117.\n\n\t16HAK Direction requiring supervision of staff member (other than a family day care co-ordinator) or volunteer\n\nSection 178C of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if—\n\n(a) in subsection (4), for \"provider a notice\" there were substituted \"provider and the relevant staff member or volunteer (as the case may be) a notice\"; and\n\n(b) in subsection (4)(c) after \"provider\" there were inserted \"and the relevant staff member or volunteer (as the case may be)\"; and\n\n(c) in subsection (5), for \"provider a show\" there were substituted \"provider and the relevant staff member or volunteer (as the case may be) a show\"; and\n\n(d) in subsection (5)(a) after \"provider\" there were inserted \"and the relevant staff member or volunteer (as the case may be)\".\n\nS. 16HA inserted by No. 53/2025 s. 113.\n\n\t16HA Approved providers must notify Regulatory Authority of reportable sexual conduct committed by staff\n\n","sortOrder":32},{"sectionNumber":"Part 6","sectionType":"part","heading":"of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 174A there were inserted—","content":"Part 6 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 174A there were inserted—\n\n\"174B Offence for approved provider to fail to notify Regulatory Authority of any reportable sexual conduct committed by relevant staff members\n\n(1) An approved provider must notify the Regulatory Authority, in writing, of any reportable sexual conduct within the relevant prescribed time after becoming aware of that reportable sexual conduct.\n\n$206 100, in the case of a large provider.\n\n(2) A notice under subsection (1) must contain the prescribed information.\n\n***relevant staff member***, of an approved provider, means—\n\n(a) a nominated supervisor of an education and care service operated by the approved provider;\n\n(b) an educator who provides education and care for children as part of an education and care service operated by the approved provider;\n\n(c) a family day educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue operated by the approved provider;\n\n(d) a person (other than a person referred to in paragraph (a), (b) or (c)) employed or engaged to perform work or provide services at an education and care service operated by the approved provider; or\n\n(e) a volunteer at an education and care service operated by the approved provider;\n\n***reportable sexual conduct*** means—\n\n(a) a sexual offence committed by a relevant staff member of an approved provider against, with or in the presence of, a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded; or\n\n(b) sexual misconduct, committed by a relevant staff member of an approved provider against, with or in the presence of, a child;\n\n***sexual misconduct*** includes behaviour, physical contact or speech or other communication of a sexual nature, inappropriate touching, grooming behaviour and voyeurism;\n\n***sexual offence*** means an offence referred to in clause 1 of Schedule 1 to the **Sentencing Act 1991**.\".\n\nS. 16HB inserted by No. 53/2025 s. 118.\n\n\t16HB Directions to cease providing education and care for period determined by Regulatory Authority\n\nDivision 1 of Part 7 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 178B there were inserted—\n\n\"178BA Directions to cease providing education and care for period determined by Regulatory Authority\n\n(1) This section applies if the Regulatory Authority is reasonably satisfied that—\n\n(a) any of the following persons is not complying with any provision of this Law—\n\n(i) a nominated supervisor of an education and care service;\n\n(ii) a staff member of an education and care service;\n\n(iii) a volunteer at an education and care service; or\n\n(b) there is a risk to the safety, health or wellbeing of children being educated and cared for at an education and care service if any of the following persons continue to provide education and care at the education and care service—\n\n(i) a nominated supervisor of the education and care service;\n\n(ii) a staff member of the education and care service;\n\n(iii) a volunteer at the education and care service.\n\n(2) The Regulatory Authority may give a notice to the person that directs the person to cease providing education and care for a period of time determined by the Regulatory Authority (a *suspension direction*).\n\n(3) Before giving the person a suspension direction under subsection (2), the Regulatory Authority may give the person a notice (*show cause notice*) stating—\n\n(a) that the Regulatory Authority intends to give the person a suspension direction under subsection (2); and\n\n(c) that the person may, within 14 days after the show cause notice is given (the ***show cause period***), make submissions to the Regulatory Authority in respect of the proposed suspension direction.\n\n(4) If the Regulatory Authority gives the person a show cause notice, the Regulatory Authority—\n\n(a) must consider any submissions from the person received within the show cause period; and\n\n(i) to give the person a suspension direction; or\n\n(ii)  not to give the person a suspension direction.\n\n(5) If, after the show cause period, the Regulatory Authority decides not to give the person a suspension direction, the Regulatory Authority must give the person written notice of the Regulatory Authority's decision.\n\n(6) The Regulatory Authority may immediately give the person a suspension direction without giving the person a show cause notice if the Regulatory Authority is reasonably satisfied that—\n\n(a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the person; and\n\n(b) the notice is necessary to protect the safety, health or wellbeing of the child or children.\n\n(7) A person to whom a suspension direction is given must comply with that direction.\n\nPenalty: $20 400.\".\n\nS. 16I inserted by No. 53/2025 s. 110.\n\n","sortOrder":33},{"sectionNumber":"16I","sectionType":"section","heading":"Grounds for giving prohibition notice","content":"\t16I Grounds for giving prohibition notice\n\nSection 182 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after subsection (1) of that section there were inserted—\n\n\"(1A) The Regulatory Authority may give a prohibition notice to a person who is in any way involved in, or has been in any way involved in, an 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 to provide education and care to children.\".\n\nS. 16J inserted by No. 53/2025 s. 110.\n\n","sortOrder":34},{"sectionNumber":"16J","sectionType":"section","heading":"Content of prohibition notice","content":"\t16J Content of prohibition notice\n\nSection 185 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if—\n\n(a) in subsection (1) of that section, after \"182(1)\" there were inserted \", (1A)\"; and\n\n(b) in subsection (3) of that section, after \"182(1)\" there were inserted \", (1A)\".\n\nS. 16K inserted by No. 53/2025 s. 110.\n\n","sortOrder":35},{"sectionNumber":"16K","sectionType":"section","heading":"Person must not contravene prohibition notice","content":"\t16K Person must not contravene prohibition notice\n\nSection 187(1) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if in subsection (1) of that section, after \"182(1)\" there were inserted \", (1A)\".\n\nS. 16KA inserted by No. 53/2025 s. 119.\n\n\t16KA Disciplinary action\n\n","sortOrder":36},{"sectionNumber":"Part 7","sectionType":"part","heading":"of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after Division 3 of that Part there were inserted—","content":"Part 7 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after Division 3 of that Part there were inserted—\n\n\"Division 3A—Disciplinary action\n\n","sortOrder":37},{"sectionNumber":"188C","sectionType":"section","heading":"Definitions","content":"188C Definitions\n\n***grounds for disciplinary action***, in relation to a relevant person, see section 188D;\n\n***relevant person*** means—\n\n(a) an approved provider of an education and care service; or\n\n(b) a nominated supervisor of an education and care service; or\n\n(c) a person with management or control of an education and care service; or\n\n(d) a family day care educator engaged by or registered with an education or care service.\n\n","sortOrder":38},{"sectionNumber":"188D","sectionType":"section","heading":"Grounds for disciplinary action","content":"188D Grounds for disciplinary action\n\nGrounds for disciplinary action exist against a relevant person if—\n\n(a) the person has contravened any of the following—\n\n(i) this Law;\n\n(ii) the national regulations; or\n\n(b) the person is a person with management or control of a body corporate that is a relevant person and—\n\n(i) the body corporate has failed to comply with this Law or the national regulations; and\n\n(ii) the person with management or control of the body corporate has failed to exercise due diligence to prevent the failure.\n\n","sortOrder":39},{"sectionNumber":"188E","sectionType":"section","heading":"Disciplinary proceedings","content":"188E Disciplinary proceedings\n\nIf the Regulatory Authority reasonably believes grounds for disciplinary action exist against a relevant person—\n\n(a) the Regulatory Authority and relevant person may agree on action to be taken in relation to the grounds for disciplinary action; or\n\n(b) if the Regulatory Authority and relevant person are unable to agree under paragraph (a)—the Regulatory Authority may apply to the relevant tribunal or court for the making of an order under section 188F in respect of the relevant person.\n\n","sortOrder":40},{"sectionNumber":"188F","sectionType":"section","heading":"Relevant tribunal or court proceedings in relation to the grounds for disciplinary action","content":"188F Relevant tribunal or court proceedings in relation to the grounds for disciplinary action\n\nOn application under section 188E(b), the relevant tribunal or court, may, if satisfied that the grounds for disciplinary action exist against a relevant person, make any one or more of the following orders—\n\n(a) an order reprimanding the person;\n\n(b) an order requiring the person to pay a penalty, payable to the Regulatory Authority, not exceeding—\n\n(i) $68 700, in the case of an individual; and\n\n(ii) $1 034 100, in the case of a large provider; and\n\n(iii) $344 700, in any other case;\n\n(c) an order that the person takes certain actions, or refrains from taking certain actions, to comply with this Law or the national regulations.\n\nSee also section 292B.\".\n\nS. 16KB inserted by No. 53/2025 s. 119.\n\n\t16KB Reviewable decision—internal review\n\nSection 190 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after paragraph (k) of that section there were inserted—\n\n\"(ka) to direct, under section 178BA, a person referred to in section 178BA(1)(a) or (b) to cease the provision of education and care; or\".\n\nS. 16L inserted by No. 53/2025 s. 110.\n\n","sortOrder":41},{"sectionNumber":"16L","sectionType":"section","heading":"Internal review of reviewable decisions","content":"\t16L Internal review of reviewable decisions\n\nSection 191 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after subsection (2) of that section there were inserted—\n\n\"(2A) An application under subsection (1) does not stay the operation of the reviewable decision.\".\n\nS. 16M inserted by No. 53/2025 s. 110.\n\n","sortOrder":42},{"sectionNumber":"16M","sectionType":"section","heading":"Regulatory Authority's power to close services because of emergency event","content":"\t16M Regulatory Authority's power to close services because of emergency event\n\n(1) Division 5 of Part 9 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if in the heading to that Division, for \"**Powers**\" there were substituted \"**Information powers**\".\n\nS. 16M(2) amended by No. 53/2025 s. 115(1).\n\n(2) Part 9 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 216C there were inserted—\n\n\"Division 5A—Emergency event closure powers of Regulatory Authority\n\n","sortOrder":43},{"sectionNumber":"216D","sectionType":"section","heading":"Regulatory Authority may close services because of emergency event","content":"216D Regulatory Authority may close services because of emergency event\n\n(1) This section applies if, because of an emergency event, the Regulatory Authority reasonably believes it is necessary to take any of the following actions (*relevant actions*) to protect children—\n\n(a) close all education and care services and family day care services in Victoria;\n\n(b) close all education and care services and family day care services in a part of Victoria.\n\n(2) The Regulatory Authority may, by order, take the relevant action.\n\n(3) An order under this section takes effect on the later of the following—\n\n(a) when the order is made by the Regulatory Authority;\n\n(b) the date specified in the order.\n\n(4) An order must be published in the Government Gazette as soon as practicable after being made by the Regulatory Authority.\n\n(5) Failure to comply with subsection (4) does not invalidate the order.\n\n(6) Notice of the making of an order under this section may be given to approved providers or approved education and care services to which the order applies in the way the Regulatory Authority considers appropriate including, for example, by electronic means or publication in the media or on a Government website.\n\n(7) An order remains in force—\n\n(a) for the period specified in the order, unless revoked earlier; or\n\n(b) if no period is specified—until revoked.\n\n(8) An approved provider or approved education and care service must comply with an emergency order.\n\n(9) In this section—\n\n***emergency event*** means an emergency due to an actual or imminent occurrence that—\n\n(a) endangers, or threatens to endanger, the safety or health of persons in the State; or\n\n(b) destroys or damages, or threatens to destroy or damage, property or the environment in the State; or\n\n(c) causes a failure of, or a significant disruption to, an essential service or infrastructure;\n\n***emergency order*** means an order under subsection (2);\n\n***occurrence*** includes an accident, earthquake, epidemic, explosion, fire, flood, storm, terrorist act and warlike action.\".\n\nS. 16N inserted by No. 53/2025 s. 110, amended by No. 53/2025 s. 115(2).\n\n","sortOrder":44},{"sectionNumber":"16N","sectionType":"section","heading":"Ministerial guidelines and Ministerial directions to approved providers","content":"\t16N Ministerial guidelines and Ministerial directions to approved providers\n\n","sortOrder":45},{"sectionNumber":"Part 10","sectionType":"part","heading":"of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 223 there were inserted—","content":"Part 10 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 223 there were inserted—\n\n\"223A Victorian Minister may issue guidelines\n\n(1) The Victorian Minister may issue guidelines about any matter relating to the delivery of education and care services to children in this jurisdiction, including in relation to the following—\n\n(a) best practice for early childhood education;\n\n(b) guidance about standards for ensuring approved providers provide services that are fit for purpose;\n\n(c) disciplinary proceedings.\n\n(2) If there is an inconsistency between a guideline issued under subsection (1) and a guideline issued by the Regulatory Authority, the guideline issued under subsection (1) prevails to the extent of the inconsistency.\n\n","sortOrder":46},{"sectionNumber":"223B","sectionType":"section","heading":"Victorian Minister may give directions to approved providers","content":"223B Victorian Minister may give directions to approved providers\n\n(1) The Victorian Minister may, by written notice, direct an approved provider to take action specified in the direction to prioritise the safety, welfare or wellbeing of children attending education and care services operated by the approved provider.\n\n(2) The Victorian Minister may give a direction under this section only if—\n\n(a) the Victorian Minister believes on reasonable grounds giving the direction is necessary to prevent unacceptable risk to the safety of a child or children; and\n\n(b) the Victorian Minister has consulted, and considered any advice given by, the Regulatory Authority.\n\n(3) A direction under this section takes effect on the later of the following—\n\n(a) when the Victorian Minister gives the direction to the approved provider;\n\nAlso see section 293 of this Law.\n\n(b) the date specified in the direction.\n\n(4) An approved provider to whom a direction is given under this section must comply with the direction.\n\n$172 200, in any other case.\".\n\nS. 16O inserted by No. 53/2025 s. 110, amended by No. 53/2025 s. 115(3).\n\n","sortOrder":47},{"sectionNumber":"16O","sectionType":"section","heading":"Regulatory Authority direction powers","content":"\t16O Regulatory Authority direction powers\n\n","sortOrder":48},{"sectionNumber":"Part 12","sectionType":"part","heading":"of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 261 there were inserted—","content":"Part 12 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 261 there were inserted—\n\n\"261A Regulatory Authority may give directions to approved providers\n\n(1) The Regulatory Authority may, by written notice, direct an approved provider to take action specified in the direction for the safety, welfare or wellbeing of a child or children to whom education and care is provided by the approved provider.\n\n(2) The Regulatory Authority may give a direction under this section only if the Regulatory Authority has reasonable grounds to believe giving the direction is necessary to prevent unacceptable risk to the safety, welfare or wellbeing of a child or children to whom education and care is provided by the approved provider.\n\n(3) A direction under this section takes effect on the later of the following—\n\n(a) when the Regulatory Authority gives the direction to the approved provider;\n\nAlso see section 293 of this Law.\n\n(b) the date specified in the direction.\n\n(4) An approved provider to whom a direction is given under this section must comply with the direction.\n\n$172 200, in any other case.\".\n\nS. 16P inserted by No. 53/2025 s. 110.\n\n","sortOrder":49},{"sectionNumber":"16P","sectionType":"section","heading":"Ministerial control of Regulatory Authority","content":"\t16P Ministerial control of Regulatory Authority\n\nPart 12 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if immediately before section 262 there were inserted—\n\n\"261B Ministerial control of Regulatory Authority\n\n(1) The Regulatory Authority is subject to the direction and control of the Victorian Minister in relation to the following—\n\n(a) policies to be applied by the Regulatory Authority in exercising functions and powers under this Law;\n\n(b) other systemic matters relating to the Regulatory Authority's exercise of functions and powers under this Law.\n\n(2) To avoid doubt, the Regulatory Authority is not subject to the direction and control in relation to—\n\n(a) the contents of any advice, report or recommendation given to the Victorian Minister; or\n\n(b) decisions about particular persons, matters or things including the following—\n\n(i) decisions about whether to grant, suspend, cancel or take other action in relation to particular approvals;\n\n(ii) decisions about instituting criminal or disciplinary proceedings in particular cases.\n\n(3) However, subsection (2)(b) does not prevent the Victorian Minister giving a direction to, or in relation to, a particular person, matter or thing under section 223B.\".\n\nS. 16Q inserted by No. 53/2025 s. 110, amended by No. 53/2025 s. 120.\n\n","sortOrder":50},{"sectionNumber":"16Q","sectionType":"section","heading":"Publication of information","content":"\t16Q Publication of information\n\nSection 270 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if for subsection (5) of that subsection there were substituted—\n\n\"(5) The Regulatory Authority may publish information about enforcement action taken, or being taken, under this Law, including details about any of the following—\n\n(a) amendments of provider approvals or service approvals for enforcement purposes;\n\n(b) the suspension or cancellation of provider approvals or service approvals;\n\n(c) directions under section 171 to exclude persons from education and care services premises;\n\n(d) compliance directions;\n\n(e) compliance notices;\n\n(f) suspension directions;\n\n(g) supervision directions;\n\n(h) training directions;\n\n(i) emergency action notices;\n\n(j) enforceable undertakings;\n\n(k) prohibition notices;\n\n(l) disciplinary proceedings conducted by the Regulatory Authority under Division 3A of Part 7;\n\n(m) orders made by the relevant tribunal or court under section 188F;\n\n(n) the emergency removal of children under Division 4 of Part 7;\n\n(o) prosecutions for offences against this Law;\n\n(p) infringement notices.\n\n(6) The information the Regulatory Authority may publish under subsection (5) about enforcement action includes the following—\n\n(a) information about the nature of enforcement action taken and the outcome of the enforcement action;\n\n(b) details of persons in relation to whom enforcement action has been taken;\n\n(c) the reason for taking enforcement action, including details of the breach or alleged breach;\n\n(d) other information prescribed by the Victorian regulations.\n\n(7) However, the information the Regulatory Authority may publish under subsection (5) about enforcement action does not include information that may identify, or lead to the identification of, a child.\".\n\nS. 16R inserted by No. 53/2025 s. 110.\n\n","sortOrder":51},{"sectionNumber":"16R","sectionType":"section","heading":"Protection from liability for republication of information","content":"\t16R Protection from liability for republication of information\n\n","sortOrder":52},{"sectionNumber":"Part 13","sectionType":"part","heading":"of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 270 there were inserted—","content":"Part 13 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 270 there were inserted—\n\n\"270A Protection from liability for publications under section 270\n\n(1) This section applies if a protected person, in good faith, republishes information published under section 270.\n\n(2) The protected person is not liable, civilly or administratively, for the republication of the information.\n\n(3) Without limiting subsection (2), no liability for defamation is incurred by the protected person because of the republication of the information.\n\n***protected person*** means—\n\n(a) the Minister; or\n\n(b) the Regulatory Authority if it republishes information published by the National Authority under section 270; or\n\n(c) the proprietor, editor or publisher of a newspaper; or\n\n(d) the proprietor or broadcaster of a radio or television station or the producer of a radio or television show; or\n\n(e) an internet service provider or internet content host; or\n\n(f) a member of staff of, or a person acting at the direction of, a person referred to in this definition; or\n\n(g) a person, or a person belonging to a class of persons, prescribed by the Victorian regulations.\".\n\nS. 16S inserted by No. 53/2025 s. 110.\n\n","sortOrder":53},{"sectionNumber":"16S","sectionType":"section","heading":"Disclosure of certain information about persons to approved providers and others","content":"\t16S Disclosure of certain information about persons to approved providers and others\n\n","sortOrder":54},{"sectionNumber":"Div 6","sectionType":"division","heading":"of Part 13 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 272A there were inserted—","content":"Division 6 of Part 13 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 272A there were inserted—\n\n\"272B Disclosure of certain information about persons to approved providers and others\n\n(1) The Regulatory Authority may disclose the following information to an approved provider, if the Regulatory Authority considers, on reasonable grounds, that the provider requires the information to comply with the provider's obligations under this Law—\n\n(a) the identity of a person;\n\n(b) whether a person is subject to a supervision direction, suspension direction or training direction;\n\n(c) if a person is subject to a supervision direction, suspension direction or training direction—\n\n(i) the provision of the Law that formed the basis for the giving of the supervision direction, suspension direction or training direction; and\n\n(ii) the conditions (if any) attached to the supervision direction, suspension direction or training direction;\n\n(d) information about any current investigation into whether a person has not complied with a supervision direction, suspension direction or training direction applying to them.\n\n(2) The Regulatory Authority may disclose the following information to a recruitment agency or labour hire agency about a person the agency supplies or offers to supply to education and care services—\n\n(a) the identity of the person;\n\n(b) whether the person is subject to a supervision direction, suspension direction or training direction;\n\n(c) if the person is subject to a supervision direction, suspension direction or training direction—\n\n(i) the provision of the Law that formed the basis for the giving of the supervision direction, suspension direction or training direction; and\n\n(ii) the conditions (if any) attached to the supervision direction, suspension direction or training direction;\n\n(d) information about any current investigation into whether the person has not complied with a supervision direction, suspension direction or training direction applying to them.\".'.\n\nS. 16T inserted by No. 53/2025 s. 114.\n\n","sortOrder":55},{"sectionNumber":"16T","sectionType":"section","heading":"Infringement offences","content":"\t16T Infringement offences\n\nSection 291(1) of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after paragraph (a) there were inserted—\n\n\"(ab) an offence against a provision modifying the application of this Law as it applies as a law of this jurisdiction—\n\n(i) that, under Part 2B of the **Education and Care Services National Law Act 2010** of Victoria, is to be read as if it were part of this Law; and\n\n(ii) that is prescribed under the Victorian regulations for the purposes of this paragraph; or\n\nSee also section 16H of the **Education and Care Services National Law Act 2010** of Victoria.\n\n(ac) an offence against the national regulations prescribed by the Victorian regulations for the purposes of this paragraph; or\".\n\nS. 16U inserted by No. 53/2025 s. 114, amended by No. 53/2025 s. 121.\n\n","sortOrder":56},{"sectionNumber":"16U","sectionType":"section","heading":"Additional court and tribunal orders","content":"\t16U Additional court and tribunal orders\n\n","sortOrder":57},{"sectionNumber":"Part 14","sectionType":"part","heading":"of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after Division 4 there were inserted—","content":"Part 14 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after Division 4 there were inserted—\n\n\"Division 4A—Additional court and tribunal orders\n\n","sortOrder":58},{"sectionNumber":"292A","sectionType":"section","heading":"Court orders requiring offenders to publicise offending","content":"292A Court orders requiring offenders to publicise offending\n\n(1) This section applies if a court convicts an offender of an offence against—\n\n(b) the national regulations.\n\n(2) The court may, in addition to any penalty that may be imposed or any other action taken in relation to the penalty, order the offender to take specified action to publicise—\n\n(a) the offence, including the circumstances of the offence; and\n\n(b) the consequences of the offence.\n\n","sortOrder":59},{"sectionNumber":"292B","sectionType":"section","heading":"Relevant tribunal or court order requiring publication of contraventions","content":"292B Relevant tribunal or court order requiring publication of contraventions\n\n(1) This section applies if the relevant tribunal or court finds, under section 188F, that a relevant person (within the meaning of section 188C) has contravened—\n\n(b) the national regulations.\n\n(2) The relevant tribunal or court may, in addition to any other order it may make under section 188F, order the relevant person to take specified action to publicise—\n\n(a) the relevant person's contravention, including the circumstances of the contravention; and\n\n(b) the consequences of the contravention.\".\n\nS. 16V inserted by No. 53/2025 s. 114.\n\n","sortOrder":60},{"sectionNumber":"16V","sectionType":"section","heading":"Offences relating to contracts of insurance","content":"\t16V Offences relating to contracts of insurance\n\nPart 14 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after Division 6 there were inserted—\n\n\"Division 6A—Insurance contract offence\n\n","sortOrder":61},{"sectionNumber":"295A","sectionType":"section","heading":"Offence to enter into contracts of insurance indemnifying the payment of fines","content":"295A Offence to enter into contracts of insurance indemnifying the payment of fines\n\n(1) An approved provider must not, without reasonable excuse, enter into a contract of insurance or other arrangement under which a relevant person is indemnified in respect of the payment of a financial penalty by the relevant person.\n\n(2) An approved provider must not, on or after the relevant day, without reasonable excuse, be a party to a contract of insurance or other arrangement under which a relevant person is indemnified in respect of the payment of a financial penalty by the relevant person.\n\n(3) A term of a contract of insurance or other arrangement is void to the extent that it purports to indemnify a relevant person in respect of the payment of a financial penalty by the relevant person.\n\n***financial penalty*** means—\n\n(a) a fine ordered by a court to be paid on a finding of guilt for an offence against this Law or the national regulations; or\n\n(b) an amount ordered by the relevant tribunal or court to be paid under section 188F(b);\n\n***relevant day*** means the day which is the first anniversary of the day on which section 114 of the **Early Childhood Legislation Amendment (Child Safety) Act 2025** comes into operation;\n\n***relevant person*** means—\n\n(a) the approved provider; or\n\n(b) a nominated supervisor of an education and care service of the approved provider; or\n\n(c) a staff member of an education and care service of the approved provider; or\n\n(d) a volunteer at an education and care service of the approved provider; or\n\n(e) a person providing education and care as part of an education and care service of the approved provider.\".\n\nPt 2B Div. 2 (Heading and s. 16W) inserted by No. 53/2025 s. 114.\n\nDivision 2—Large provider penalty modifications\n\nS. 16W inserted by No. 53/2025 s. 114.\n\n","sortOrder":62},{"sectionNumber":"16W","sectionType":"section","heading":"National Law criminal offence penalties modified for large providers that commit offences","content":"\t16W National Law criminal offence penalties modified for large providers that commit offences\n\nThe Education and Care Services National Law (Victoria) applies as a law of Victoria as if—\n\n(a) for the penalty at the foot of section 170(2) there were substituted—\n\n\"Penalty: $3300, in the case of an individual.\n\n$51 300, in the case of a large provider.\n\n$17 100, in any other case.\"; and\n\n(b) for the penalty at the foot of sections 162A, 162B, 175D(1), 175E(1), 175H(1), 176(3), 269(2), 269E(1) and 269E(2) there were substituted—\n\n\"Penalty: $6600, in the case of an individual.\n\n$102 600, in the case of a large provider.\n\n$34 200, in any other case.\"; and\n\n(c) for the penalty at the foot of sections 36(3), 69(1), 84(3), 172(1) and 172(2) there were substituted—\n\n\"Penalty: $10 200, in the case of an individual.\n\n$154 800, in the case of a large provider.\n\n$51 600, in any other case.\"; and\n\n(d) for the penalty at the foot of sections 68(1), 168(1), 173(1), 173(2), 174(1), 174(2), 175(1), 269(1), 269(3), 269(4) and 322(3) there were substituted—\n\n\"Penalty: $13 500, in the case of an individual.\n\n$206 600, in the case of a large provider.\n\n$68 700, in any other case.\"; and\n\n(e) for the penalty at the foot of sections 161, 161A, 162(1), 163(1), 164(1) and 164A(1) there were substituted—\n\n\"Penalty: $17 100, in the case of an individual.\n\n$258 300, in the case of a large provider.\n\n$86 100, in any other case.\"; and\n\nS. 16W(f) amended by No. 53/2025 s. 122.\n\n(f) for the penalty at the foot of sections 104(1), 177(3), 178(7) 178A(6), 178B(6), 178C(8), 179(3) and 295(1) there were substituted—\n\n\"Penalty: $20 400, in the case of an individual.\n\n$309 600, in the case of a large provider.\n\n$103 200, in any other case.\"; and\n\n(g) for the penalty at the foot of sections 199A(8), 207, 208, 209, 216C, 217 and 218 there were substituted—\n\n\"Penalty: $27 300, in the case of an individual.\n\n$413 100, in the case of a large provider.\n\n$137 700, in any other case.\"; and\n\n(h) for the penalty at the foot of sections 19(4), 51(8), 165(1), 166(1), 166A(1), 167(1), 169(1), 169(2), 171(2) and 297(1) there were substituted—\n\n\"Penalty: $34 200, in the case of an individual.\n\n$ 172 200, in any other case.\"; and\n\n(i) for the penalty at the foot of sections 103(1), 103A, 188(1), 188(2) and 188(3) there were substituted—\n\n\"Penalty: $68 700, in the case of an individual.\n\n$1 034 100, in the case of a large provider.\n\n$344 700, in any other case.\"; and\n\n(j) for the penalty at the foot of section 173(1A) there were substituted—\n\n\"Penalty: $1 034 100, in the case of a large provider.\n\n$68 700, in any other case.\".\n\n","sortOrder":63},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"Part 3—Miscellaneous\n\nS. 17 amended by No. 49/2025 s. 58.\n\n","sortOrder":64},{"sectionNumber":"17","sectionType":"section","heading":"Power to fund education and care services and associated children's services","content":"\t17 Power to fund education and care services and associated children's services\n\nThe Secretary to the Department of Education may provide grants, payments, subsidies or other financial assistance to any person providing or operating an approved education and care service or an associated children's service from funds administered by the Secretary for that purpose on terms and conditions that the Secretary considers appropriate.\n\nS. 18 repealed by No. 69/2010 s. 18(5), new s. 18 inserted by No. 43/2022 s. 5.\n\n\t18 Regulations modifying references to the Law and National Quality Framework in national regulations in relation to Child Safe Standards condition\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) the modification of references to the \"Law\" or the \"National Quality Framework\" in the national regulations in relation to the Child Safe Standards condition;\n\n(b) the application of the national regulations as a law of this jurisdiction subject to modifications referred to in paragraph (a).\n\n(2) The regulations may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances.\n\nS. 18A inserted by No. 53/2025 s. 124.\n\n","sortOrder":65},{"sectionNumber":"18A","sectionType":"section","heading":"Regulations","content":"\t18A Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act.\n\n(2) Without limiting subsection (1), regulations may be made by the Governor in Council that prescribe—\n\n(a) an offence against a provision modifying the application of the Education and Care Services National Law (Victoria), as it applies as a law of Victoria, that, under Part 2B, is to be read as if it were part of that Law; and\n\n(b) an offence against the national regulations in respect of which an infringement notice may be served under section 291 of the Education and Care Services National Law (Victoria); and\n\n(c) a penalty not exceeding $19 800 for a contravention against the national regulations committed by a large provider.\n\n(3) The regulations may—\n\n(a) be of general or limited application; and\n\n(b) differ according to differences in time, place or circumstances; and\n\n(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person; and\n\n(d) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person; and\n\n(e) provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—\n\n(i) whether unconditionally or on specified conditions; and\n\n(ii) either wholly or to any extent that is specified; and\n\n(f) apply, adopt or incorporate any matter contained in any document whether—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as in force at a particular time; or\n\n(iii) as in force from time to time; and\n\n(g) impose penalties not exceeding 20 penalty units for a contravention of the regulations.\n\nS. 18B inserted by No. 53/2025 s. 124.\n\n","sortOrder":66},{"sectionNumber":"18B","sectionType":"section","heading":"Regulations dealing with transitional matters","content":"\t18B Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the **Early Childhood Legislation Amendment (Child Safety) Act 2025**, including any repeals, modifications and amendments made by or as a result of the enactment of that Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or after a date not earlier than the day on which the **Early Childhood Legislation Amendment (Child Safety) Act 2025** receives the Royal Assent;\n\n(b) be of limited or general application;\n\n(c) differ according to time, place or circumstances;\n\n(d) leave any matter or thing to be decided by a specified person or class of person.\n\n(3) Regulations under this section have effect despite anything to the contrary in—\n\n(a) this Act or any other Act (other than the **Early Childhood Legislation Amendment (Child Safety) Act 2025** or the **Charter of Human Rights and Responsibilities Act 2006**);\n\n(b) any subordinate instrument.\n\n(4) This section is **repealed** on the second anniversary of the day on which it comes into operation.\n\nS. 19 inserted by No. 80/2011 s. 61.\n\n","sortOrder":67},{"sectionNumber":"19","sectionType":"section","heading":"Transitional provision—Integrated licences including limited hours services","content":"\t19 Transitional provision—Integrated licences including limited hours services\n\n(1) This section applies in respect of a licence under the **Children's Services Act 1996** to operate an integrated service that includes a limited hours Type 1 or Type 2 service.\n\n(2) The licensee for the service may notify the Secretary in writing that, on and from the scheme commencement day, the limited hours service is to be included in a service approval under the Education and Care Services National Law (Victoria) as an associated children's service within the meaning of the Education and Care Services National Law (Victoria).\n\n(3) Any service approval provided under section 307(9) of the Education and Care Services National Law (Victoria) must include the associated children's service.\n\n***scheme commencement day*** has the meaning given in section 305 of the Education and Care Services National Law (Victoria).\n\nS. 20 inserted by No. 43/2022 s. 6.\n\n","sortOrder":68},{"sectionNumber":"20","sectionType":"section","heading":"Transitional provision—Early Childhood Legislation Amendment Act 2022","content":"\t20 Transitional provision—Early Childhood Legislation Amendment Act 2022\n\nOn and after the commencement of section 4 of the **Early Childhood Legislation Amendment Act 2022**, the following service approvals are subject to the Child Safe Standards condition—\n\n(a) a service approval granted in this jurisdiction that is in force immediately before the commencement of that section 4;\n\n(b) a service approval granted in this jurisdiction that is suspended under section 72 or 85 of the Education and Care Services National Law (Victoria) immediately before the commencement of that section 4.\n\nSchedule\n\nEducation and Care Services National Law\n\nPart 1—Preliminary\n\n\t1 Short title\n\nThis Law may be cited as the Education and Care Services National Law.\n\n\t2 Commencement\n\nThis Law commences in a participating jurisdiction as provided under the Act of that jurisdiction that applies this Law as a law of that jurisdiction.\n\nSch. s. 2A inserted by No. 53/2025 s. 61.\n\n","sortOrder":69},{"sectionNumber":"2A","sectionType":"section","heading":"Paramount consideration—safety, rights and best interests of children","content":"\t2A Paramount consideration—safety, rights and best interests of children\n\n(1) The safety, rights and best interests of children is the paramount consideration in the operation of an education and care service and the delivery of education and care services to children (the ***paramount consideration***).\n\n(2) The following persons must have regard to and apply the paramount consideration when making any decision or taking any action in relation to the operation of an education and care service or the delivery of education and care services to children—\n\n(a) an approved provider of an education and care service;\n\n(b) a person with management or control of an education and care service;\n\n(c) a person in day-to-day charge of an education and care service;\n\n(d) a nominated supervisor of an education and care service;\n\n(e) a staff member of an education and care service;\n\n(f) a volunteer at an education and care service.\n\n(3) For the purposes of this section—\n\n(a) in the case of an approved provider that is a body corporate, the constitution or rules of the body corporate is taken to include a provision requiring the body corporate to have regard to and apply the paramount consideration; and\n\n(b) in the case of an approved provider that is an eligible association, the constitution or rules of the eligible association is taken to include a provision requiring the eligible association to have regard to and apply the paramount consideration; and\n\n(c) in the case of an approved provider that is a partnership, the partnership agreement is taken to include a provision requiring the partnership to have regard to and apply the paramount consideration.\n\n(4) Subsections (2)(a) and (b) and (3)(a) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act.\n\nSection 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.\n\n\t3 Objectives and guiding principles\n\n(1) The objective of this Law is to establish a national education and care services quality framework for the delivery of education and care services to children.\n\n(2) The objectives of the national education and care services quality framework are—\n\n(a) to ensure the safety, health and wellbeing of children attending education and care services;\n\n(b) to improve the educational and developmental outcomes for children attending education and care services;\n\n(c) to promote continuous improvement in the provision of quality education and care services;\n\n(d) to establish a system of national integration and shared responsibility between participating jurisdictions and the Commonwealth in the administration of the national education and care services quality framework;\n\n(e) to improve public knowledge, and access to information, about the quality of education and care services;\n\n(f) to reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth.\n\n(3) The guiding principles of the national education and care services quality framework are as follows—\n\nSch. s. 3(3)(a) substituted by No. 53/2025 s. 62.\n\n(a) the paramount consideration set out in section 2A(1);\n\n(b) that children are successful, competent and capable learners;\n\n(c) that the principles of equity, inclusion and diversity underlie this Law;\n\n(d) that Australia's Aboriginal and Torres Strait Islander cultures are valued;\n\n(e) that the role of parents and families is respected and supported;\n\n(f)  that best practice is expected in the provision of education and care services*.*\n\n\t4 How functions to be exercised\n\nAn entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national education and care services quality framework set out in section 3.\n\n\t5 Definitions\n\n(1) In this Law—\n\nSch. s. 5(1) def. of *approval in principle* inserted by No. 33/2023 s. 3.\n\n***approval in principle*** means an approval in principle granted under section 110 for a proposed education and care service premises;\n\nSch. s. 5(1) def. of *approval in principle criteria* inserted by No. 33/2023 s. 3.\n\n***approval in principle criteria*** means, of the national regulations that regulate the education and care service premises, those which are prescribed to be the approval in principle criteria;\n\nSch. s. 5(1) def. of *approval in principle holder* inserted by No. 33/2023 s. 3.\n\n***approval in principle holder*** means—\n\n(a) a person granted an approval in principle under section 110; or\n\n(b) if the approval in principle is transferred to another person under section 118 or 119, that person;\n\n***approved education and care service*** means an education and care service for which a service approval exists;\n\n***approved family day care service*** means an approved education and care service that is a family day care service;\n\nSch. s. 5(1) def. of *approved family day care venue* substituted by No. 9/2017 s. 4(b).\n\n***approved family day care venue*** means a place (other than a residence) approved under section 50A or 54(8A) as a family day care venue for an approved family day care service;\n\n***approved learning framework*** means a learning framework approved by the Ministerial Council;\n\n***approved provider*** means a person who holds a provider approval;\n\n***associated children's service*** means a children's service that is operated or intended to be operated by an approved provider at the same place as an approved education and care service;\n\n***Australian Accounting Standards*** means the standards issued or pronounced by the Australian Accounting Standards Board;\n\n***authorised officer*** means a person authorised to be an authorised officer under Part 9;\n\n***Authority Fund*** means the Australian Children's Education and Care Quality Authority Fund established under section 274;\n\n***Board*** means the Australian Children's Education and Care Quality Authority Board established under this Law;\n\nSch. s. 5(1) def. of *certified supervisor* repealed by No. 9/2017 s. 4(h).\n\n***chief executive officer*** means the chief executive officer of the National Authority appointed under this Law;\n\n***children's service*** means a service providing or intended to provide education and care on a regular basis to children under 13 years of age that is primarily regulated under a children's services law of a participating jurisdiction and is not an education and care service;\n\n***children's services law***, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a children's services law for the purposes of this Law;\n\n***children's services regulator***, in relation to a participating jurisdiction, means a person declared by a law of that jurisdiction to be the children's services regulator for the purposes of this Law;\n\n***Commonwealth Minister*** means the Minister of the Commonwealth who is responsible for policies and programs relating to education and care services;\n\n***compliance direction*** means a compliance direction under section 176;\n\n***compliance notice*** means a compliance notice under section 177;\n\nSch. s. 5(1) def. of *education and care related work* inserted by No. 53/2025 s. 3.\n\n***education and care related work*** means work in or as part of an education and care service involving the provision of education and care;\n\n***education and care service*** means any service providing or intended to provide education and care on a regular basis to children under 13 years of age other than—\n\n(a) a school providing full-time education to children, including children attending in the year before grade 1 but not including a preschool program delivered in a school or a preschool that is registered as a school; or\n\n(b) a preschool program delivered in a school if—\n\n(i) the program is delivered in a class or classes where a full-time education program is also being delivered to school children; and\n\n(ii) the program is being delivered to fewer than 6 children in the school; or\n\n(c) a personal arrangement; or\n\n(d) a service principally conducted to provide instruction in a particular activity; or\n\nInstruction in a particular activity could be instruction in sport, dance, music, culture or language or religious instruction.\n\n(e) a service providing education and care to patients in a hospital or patients of a medical or therapeutic care service; or\n\n(f) care provided under a child protection law of a participating jurisdiction; or\n\n(g) a prescribed class of disability service; or\n\n(h) a service of a prescribed class;\n\nEducation and care services to which this Law applies include long day care services, family day care services, outside school hours services and preschool programs including those delivered in schools, unless expressly excluded.\n\n***education and care service premises*** means—\n\n(a) in relation to an education and care service other than a family day care service, each place at which an education and care service operates or is to operate; or\n\n(b) in relation to a family day care service—\n\n(i) an office of the family day care service; or\n\n(ii) an approved family day care venue; or\n\n(iii) each part of a residence used to provide education and care to children as part of a family day care service or used to provide access to the part of the residence used to provide that education and care;\n\n***education law***, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an education law for the purposes of this Law;\n\n***educator*** means an individual who provides education and care for children as part of an education and care service;\n\n***eligible association*** means an association of a prescribed class;\n\nSch. s. 5(1) def. of *excursion* inserted by No. 53/2025 s. 63(1).\n\n***excursion*** means an outing organised by an education and care service to and from a destination outside of the education and care service premises, but does not include an outing organised by an education and care service provided at a school if—\n\n(a) the children taking part in the excursion leave the education and care service premises in the company of an educator; and\n\n(b) the children do not leave the school;\n\n***family day care co-ordinator*** means a person employed or engaged by an approved provider of a family day care service to monitor and support the family day care educators who are part of the service;\n\n***family day care educator*** means an educator engaged by or registered with  a family day care service to provide education and care for children in a residence or at an approved family day care venue;\n\nSch. s. 5(1) def. of *family day care educator assistant* inserted by No. 9/2017 s. 4(a).\n\n***family day care educator assistant*** means a person engaged by or registered with a family day care service to assist family day care educators;\n\n***family day care residence*** means a residence at which a family day care educator educates and cares for children as part of a family day care service;\n\nSch. s. 5(1) def. of *family day care service* substituted by No. 9/2017 s. 4(c).\n\n***family day care service*** means an education and care service that—\n\n(a) is delivered through the use of 2 or more educators to provide education and care to children; and\n\n(b) operates from 2 or more residences;\n\nA family day care service that is an approved family day care service may provide education and care to children from a family day care residence or an approved family day care venue.\n\n***family member***, in relation to a child, means—\n\n(a) a parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or half-blood and whether that relationship arises by marriage (including a  de facto  relationship) or by adoption or otherwise; or\n\n(b) a relative of the child according to Aboriginal or Torres Strait Islander tradition; or\n\n(c) a person with whom the child resides in a family-like relationship; or\n\n(d) a person who is recognised in the child's community as having a familial role in respect of the child;\n\n***former education and care services law***, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a former education and care services law for the purposes of this Law;\n\nSch. s. 5(1) def. of *former provider* inserted by No. 53/2025 s. 63(1).\n\n***former provider*** means a person who held a provider approval that is surrendered, suspended or cancelled under this Law;\n\n***grade 1***, in relation to a school, means the first year of compulsory full-time schooling;\n\n***guardian***, in relation to a child, means the legal guardian of the child;\n\n***infringements law***,  in relation to a participating jurisdiction,  means a law declared by a law of that jurisdiction to be an infringements law for the purposes of this Law;\n\nSch. s. 5(1) def. of *mandatory approval in principle jurisdiction* inserted by No. 33/2023 s. 3.\n\n***mandatory approval in principle jurisdiction*** means a Part 4 jurisdiction in which section 49A of this Law applies;\n\nSee section 49A.\n\nSch. s. 5(1) def. of *Ministerial Council* substituted by Nos 9/2017 s. 4(d), 13/2022 s. 63.\n\n***Ministerial Council*** means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters under this Law;\n\n***National Authority*** means the Australian Children's Education and Care Quality Authority established under this Law;\n\nSch. s. 5(1) def. of *National Early Childhood Worker Register* inserted by No. 53/2025 s. 63(1).\n\n***National Early Childhood Worker Register*** means the register established under section 269B;\n\n***national education and care services quality framework*** means—\n\n(a) this Law; and\n\n(b) the national regulations; and\n\n(c) the National Quality Standard; and\n\n(d) the prescribed rating system;\n\n***National Partnership Agreement*** means the National Partnership Agreement on the National Quality Agenda for Early Childhood and Care entered into by the States and Territories and the Commonwealth on 7 December 2009, as amended from time to time;\n\n***National Quality Framework*** means the national education and care services quality framework;\n\n***National Quality Standard*** means the National Quality Standard prescribed by the national regulations;\n\n***national regulations*** means the regulations made under this Law;\n\nSch. s. 5(1) def. of *nominated supervisor* substituted by No. 9/2017 s. 4(e).\n\n***nominated supervisor***, in relation to an education and care service, means an individual who—\n\n(a) is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and\n\n(b) unless the individual is the approved provider, has provided written consent to that nomination;\n\nAn individual may be both a nominated supervisor of a family day care service and a family day care co‑ordinator for that service if the individual meets the criteria for each role.\n\nSch. s. 5(1) def. of *office* substituted by No. 9/2017 s. 4(f).\n\n***office***, in relation to a family day care service, means—\n\n(a) the principal office of the service; or\n\n(b) the principal office of the approved provider of the service; or\n\n(c) any other business office of the approved provider of the service; or\n\n(d) any premises of the service from which the service's family day care educators are co-ordinated;\n\n***parent***, in relation to a child, includes—\n\n(a) a guardian of the child; and\n\n(b) a person who has parental responsibility for the child under a decision or order of a court;\n\nSch. s. 5(1) def. of *Part 4 building* inserted by No. 33/2023 s. 3.\n\n***Part 4 building*** means—\n\n(a) a building that has 3 or more storeys (including the ground level and each level of a split level); or\n\n(b) a building of a prescribed class;\n\nSch. s. 5(1) def. of *Part 4 building law* inserted by No. 33/2023 s. 3.\n\n***Part 4 building law***, in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 building law;\n\nSch. s. 5(1) def. of *Part 4 jurisdiction* inserted by No. 33/2023 s. 3.\n\n***Part 4 jurisdiction*** means a participating jurisdiction in which Part 4 of this Law applies;\n\nSee section 105.\n\nSch. s. 5(1) def. of *Part 4 planning law* inserted by No. 33/2023 s. 3.\n\n***Part 4 planning law***,  in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 planning law;\n\n***participating jurisdiction*** means a State or Territory in which—\n\n(a) this Law applies as a Law of the State or Territory; or\n\n(b) a law that substantially corresponds to the provisions of this Law has been enacted;\n\n***payment***, in relation to a prescribed fee, includes payment by electronic or other means;\n\n***person*** means—\n\n(a) an individual; or\n\n(b) a body corporate; or\n\n(c) an eligible association; or\n\n(d) a partnership; or\n\n(e) a prescribed entity;\n\nSch. s. 5(1) def. of *person in day-to-day charge* inserted by No. 9/2017 s. 4(a).\n\n***person in day-to-day charge***, in relation to an education and care service, means a person who is placed in day-to-day charge of the service in accordance with the national regulations;\n\nSch. s. 5(1) def. of *person with management or control* substituted by No. 43/2022 s. 15.\n\n***person with management or control*** means a person referred to in section 5A;\n\n***personal arrangement*** means education and care provided to a child—\n\n(a) by a family member or guardian of a child personally, otherwise than as a staff member of, or under an engagement with, a service providing education and care on a regular basis to children under 13 years of age; or\n\n(b) by a friend of the family of the child personally under an informal arrangement where no offer to provide that education and care was advertised;\n\n***preschool program*** means an early childhood educational program delivered by a qualified early childhood teacher to children in the year that is 2 years before grade 1 of school;\n\n***prescribed ineligible person*** means a person in a class of persons prescribed by the national regulations to be prescribed ineligible persons;\n\nSch. s. 5(1) def. of *prohibition notice* inserted by No. 9/2017 s. 4(a), amended by No. 53/2025 s. 63(2).\n\n***prohibition notice*** means a prohibition notice given under section 182(1), (3) or (4);\n\n***protected disclosure***—see section 296;\n\n***provider approval*** means a provider approval—\n\n(a) granted under Part 2 of this Law or this Law as applying in another participating jurisdiction; and\n\n(b) as amended under this Law or this Law as applying in another participating jurisdiction—\n\nbut does not include a provider approval that has been cancelled;\n\n***public sector law***, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a public sector law for the purposes of this Law;\n\n***rating assessment*** means an assessment or reassessment of an approved education and care service under Part 5;\n\n***Ratings Review Panel*** means a Ratings Review Panel established under section 146;\n\n***receiving approved provider*** has the meaning set out in section 58;\n\nSch. s. 5(1) def. of *recruitment agency* inserted by No. 53/2025 s. 3.\n\n***recruitment agency*** means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring education and care related work for individuals seeking such work, whether or not the business includes procuring any other kind of work for those individuals or any other individuals;\n\n***Regulatory Authority*** means a person declared by a law of a participating jurisdiction to be the Regulatory Authority for that jurisdiction or for a class of education and care services for that jurisdiction;\n\nSch. s. 5(1) def. of *related provider* inserted by No. 53/2025 s. 63(1).\n\n***related provider*** has the meaning given by section 5B;\n\nSch. s. 5(1) def. of *related provider determination* inserted by No. 53/2025 s. 63(1).\n\n***related provider determination*** means a determination made under section 5C(1)(a) or (b);\n\n***relevant Commonwealth Department*** means the government department administered by the Commonwealth Minister;\n\n***relevant tribunal or court***, in relation to a participating jurisdiction, means the tribunal or court declared by a law of that jurisdiction to be the relevant tribunal or court for the purposes of this Law or a provision of this Law;\n\n***residence*** means the habitable areas of a dwelling;\n\n***school children*** includes children attending school in the year before grade 1;\n\n***school*** means—\n\n(a) a government school; or\n\n(b) a non-government school that is registered or accredited under an education law of a participating jurisdiction;\n\n***serious detrimental action***—see section 296;\n\nSch. s. 5(1) def. of *serious incident* inserted by No. 9/2017 s. 4(a).\n\n***serious incident*** means an incident or class of incidents prescribed by the national regulations as a serious incident;\n\n***service approval*** means a service approval—\n\n(a) granted under Part 3 of this Law or this Law as applying in another participating jurisdiction; and\n\n(b) as amended under this Law or this Law as applying in another participating jurisdiction—\n\nbut does not include a service approval that has been cancelled;\n\nSch. s. 5(1) def. of *staff member* amended by No. 9/2017 s. 4(g).\n\n***staff member***, in relation to an education and care service, means any individual (other than a nominated supervisor or a volunteer) employed, appointed or engaged to work in or as part of an education and care service, whether as family day care co-ordinator, educator or otherwise;\n\nSch. s. 5(1) def. of *supervisor certificate* repealed by No. 9/2017 s. 4(h).\n\nSch. s. 5(1) def. of *systemic risk* inserted by No. 53/2025 s. 63(1).\n\n***systemic risk***, in relation to an applicant for a provider approval, an approved provider, a related provider of an applicant for a provider approval or a related provider of an approved provider, has the meaning given by section 5D;\n\n***transferring approved provider*** has the meaning set out in section 58;\n\n***working with children card*** means a card issued to a person under a working with children law of a participating jurisdiction that permits that person to work with children;\n\n***working with children check*** means a notice, certificate or other document granted to, or with respect to, a person under a working with children law to the effect that—\n\n(a) the person has been assessed as suitable to work with children; or\n\n(b) there has been no information that if the person worked with children the person would pose a risk to the children; or\n\n(c) the person is not prohibited from attempting to obtain, undertake or remain in child-related employment;\n\n***working with children law***,  in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with children law for the purposes of this Law;\n\n***working with vulnerable people law***,  in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with vulnerable people law for the purposes of this Law.\n\n(2) In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to the statutory instruments made or in force under the law or provision.\n\n(3) In this Law a reference to education and care includes a reference to education or care.\n\n(4) In this Law, an education and care service as defined in subsection (1) is an education and care service even if the service also provides education and care to children of or over the age of 13 years.\n\n(5) In this Law, a children's service as defined in subsection (1) is a children's service even if the service also provides education and care to children of or over the age of 13 years.\n\nSch. s. 5(6) inserted by No. 80/2011 s. 62.\n\n(6) In this Law, a reference to this Law as applying in a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.\n\nSch. s. 5A inserted by No. 43/2022 s. 16.\n\n\t5A Meaning of person with management or control\n\nFor the purposes of this Law, each of the following persons is a ***person with management or control*** of an education and care service—\n\n(a) if the provider or intended provider of the service is a body corporate—\n\n(i) an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\n\n(A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n\n(B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n\n(b) if the provider or intended provider of the service is an eligible association—\n\n(i) each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\n\n(A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n\n(B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n\n(c) if the provider or intended provider of the service is a partnership—\n\n(i) each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\n\n(A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n\n(B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n\n(d) in any other case, any person who—\n\n(i) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n\n(ii) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.\n\nSch. s. 5B inserted by No. 53/2025 s. 64.\n\n\t5B Who is a *related provider*?\n\nIn this Law, a ***related provider*** means a person who is—\n\n(a) a related provider within the meaning of section 4A(3) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; or\n\n(b) an approved provider who is determined to be related to another approved provider or an applicant for a provider approval under a related provider determination; or\n\n(c) a former provider who is determined to be related to an approved provider or an applicant for a provider approval under a related provider determination.\n\nSch. s. 5C inserted by No. 53/2025 s. 64.\n\n","sortOrder":70},{"sectionNumber":"5C","sectionType":"section","heading":"Related provider determination","content":"\t5C Related provider determination\n\n(1) The Regulatory Authority may determine that—\n\n(a) one or more approved providers or former providers are related to an applicant for a provider approval; or\n\n(b) one or more approved providers or former providers are related to each other.\n\n(2) The Regulatory Authority must not make a related provider determination under this section unless it is satisfied that the prescribed circumstances apply.\n\n(3) A related provider determination must—\n\n(a) set out the reasons for the determination; and\n\n(b) be given in accordance with the national regulations to—\n\n(i) in the case of a determination under subsection (1)(a), the applicant for the provider approval and each approved provider or former provider who is determined to be related to the applicant; or\n\n(ii) in the case of a determination under subsection (1)(b), each approved provider or former provider who is determined to be related to each other.\n\n(4) The Regulatory Authority may revoke a related provider determination if it is satisfied that the circumstances prescribed for the purposes of subsection (2) no longer apply.\n\nSch. s. 5D inserted by No. 53/2025 s. 64.\n\n","sortOrder":71},{"sectionNumber":"5D","sectionType":"section","heading":"What is a *systemic risk*?","content":"\t5D What is a *systemic risk*?\n\n(1) In this Law, a ***systemic risk*** arises in relation to—\n\n(a) an applicant for a provider approval if the provider approval is granted and there is—\n\n(i) a risk to the safety, health or wellbeing of a child or children to be educated and cared for by an education and care service proposed to be operated by the applicant; or\n\n(ii) a risk of the applicant contravening this Law or the national regulations; or\n\n(b) an approved provider if there is—\n\n(i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the approved provider; or\n\n(ii) a risk of the approved provider contravening this Law or the national regulations; or\n\n(c) a related provider of an applicant for a provider approval or a related provider of an approved provider if there is—\n\n(i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the related provider; or\n\n(ii) a risk of the related provider contravening this Law or the national regulations.\n\n(2) In determining whether there is a systemic risk, the Regulatory Authority may have regard to the following—\n\n(a) the nature of the risk;\n\n(b) whether the risk is connected to, or is a result of, the governance, ownership or operation of an approved provider or one or more related providers of the approved provider;\n\n(c) whether the risk is shared between an approved provider and any related provider of the approved provider;\n\n(d) how the risk affects an approved provider and any related provider of the approved provider;\n\n(e) any other matter the Regulatory Authority considers relevant.\n\n\t6 Interpretation generally\n\n(1) Schedule 1 applies in relation to this Law.\n\n(2) The National Partnership Agreement is declared to be a relevant document for the purposes of paragraph (h) of the definition of extrinsic material in clause 8(1) of Schedule 1.\n\n\t7 Single national entity\n\n(1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of other participating jurisdictions, has the effect that an entity established by this Law is one single national entity, with functions conferred by this Law as so applied.\n\n(2) An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\n\n(3) An entity established by this Law may exercise its functions in relation to—\n\n(a) one participating jurisdiction; or\n\n(b) 2 or more or all participating jurisdictions collectively.\n\nSch. s. 7(4) repealed by No. 80/2011 s. 63.\n\n\t8 Extraterritorial operation of Law\n\nIt is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—\n\n(a) things situated in or outside the territorial limits of this jurisdiction;\n\n(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n\n(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.\n\n\t9 Law binds the State\n\n(1) This Law binds the State.\n\n***State*** means the Crown in right of this jurisdiction, and includes—\n\n(a) the Government of this jurisdiction; and\n\n(b) a Minister of the Crown in right of this jurisdiction; and\n\n(c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\n\nPart 2—Provider Approval\n\nDivision 1—Application for provider approval\n\n\t10 Application for provider approval\n\n(1) A person, other than a prescribed ineligible person, may apply to the Regulatory Authority for a provider approval.\n\n(2) An application may be made by more than one person.\n\n(3) If an application is made by more than one person—\n\n(a) the prescribed information must be provided in respect of each person; and\n\n(b) the requirements of this Division must be complied with by and in respect of each person.\n\n\t11 Form of application\n\nAn application under section 10 must—\n\n(a) be made to the Regulatory Authority of the participating jurisdiction—\n\n(i) in which the applicant, or any of the applicants, is ordinarily resident; or\n\n(ii) if the applicant or applicants are not individuals, in which the principal office of the applicant or any of the applicants is located; and\n\n\t12 Applicant must be fit and proper person\n\n(1) An applicant who is an individual must satisfy the Regulatory Authority that the applicant is a fit and proper person to be involved in the provision of an education and care service.\n\n(2) If the applicant is not an individual, the applicant must satisfy the Regulatory Authority that—\n\n(a) each person who will be a person with management or control of an education and care service to be operated by the applicant is a fit and proper person to be involved in the provision of an education and care service; and\n\n(b) the applicant is a fit and proper person to be involved in the provision of an education and care service.\n\n(3) The head of a government department administering an education law of a participating jurisdiction is taken to be a fit and proper person for the purposes of this Part.\n\n\t13 Matters to be taken into account in assessing whether fit and proper person\n\n(1) In determining whether a person is a fit and proper person under this Division, the Regulatory Authority must have regard to—\n\n(a) the person's history of 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\nIf 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) either—\n\n(i) any prescribed matters relating to the criminal history of the person to the extent that history may affect the person's suitability for the role of provider of an education and care service; or\n\n(ii) any check of the person under a working with vulnerable people law of a participating jurisdiction; and\n\n(d) whether the person is bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors or, in the case of a body corporate, is insolvent under administration or an externally-administered body corporate.\n\n(2) Without limiting subsection (1), the Regulatory Authority may have regard to—\n\n(a) whether the person has a medical condition that may cause the person to be incapable of being responsible for providing an education and care service in accordance with this Law; and\n\nSch. s. 13(2)(b) amended by No. 9/2017 s. 5(a).\n\n(b) whether the financial circumstances of the person may significantly limit the person's capacity to meet the person's obligations in providing an education and care service in accordance with this Law; and\n\nSch. s. 13(2)(c) inserted by No. 9/2017 s. 5(b).\n\n(c) whether the person has the management capability to operate an education and care service in accordance with this Law; and\n\nSch. s. 13(2)(d) inserted by No. 9/2017 s. 5(b).\n\n(d) any of the following actions taken under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth in relation to a child care service approved under that Act, operated by the person or in relation to which the person was a person with management or control—\n\nSch. s. 13(2)(d)(i) amended by No. 13/2022 s. 7(a).\n\n(i) any sanction imposed under  \nsection 195H of that Act;\n\nSch. s. 13(2)(d)(ii) amended by No. 13/2022 s. 7(b).\n\n(ii) any suspension imposed under section 197A of that Act;\n\nSch. s. 13(2)(d)(iii) amended by No. 13/2022 s. 7(c).\n\n(iii) any infringement notice given under section 219WA of that Act.\n\nSch. s. 13(2A) inserted by No. 53/2025 s. 65(1).\n\n(2A) Without limiting subsections (1) and (2), the Regulatory Authority may have regard to the matters set out in subsections (1) and (2)  in respect of any related provider of the applicant if the Regulatory Authority is satisfied that there may be a systemic risk in relation to the applicant or the related provider of the applicant.\n\nSch. s. 13(3) amended by No. 53/2025 s. 65(2).\n\n(3) Nothing in subsection (1), (2) or (2A) limits the circumstances in which a person may be considered not to be a fit and proper person to be involved in the provision of an education and care service.\n\n\t14 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, the Regulatory Authority may—\n\nSch. s. 14(1)(a) amended by No. 43/2022 s. 17(1)(a).\n\n(a) ask the person to provide further information, including for the purposes of assessing the person's knowledge of the National Quality Framework; and\n\nSch. s. 14(1)(b) amended by No. 43/2022 s. 17(1)(b).\n\n(b) undertake inquiries  in relation to the person; and\n\nSch. s. 14(1)(c) inserted by No. 43/2022 s. 17(1)(c).\n\n(c) by written notification, require the person to undergo an oral or written assessment of the person's knowledge of the National Quality Framework.\n\nSch. s. 14(2) amended by No. 9/2017 s. 6.\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 15 for the Regulatory Authority to make a decision on the application.\n\nSch. s. 14(3) inserted by No. 43/2022 s. 17(2).\n\n(3) If the Regulatory Authority requires the applicant to undergo an assessment under this section, the period from the giving of the notification until the conduct of the assessment is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.\n\n\t15 Grant or refusal of provider approval\n\n(1) On an application under section 10, the Regulatory Authority may—\n\n(a) grant the provider approval; or\n\n(b) refuse to grant the provider approval.\n\nA provider approval is granted subject to conditions in accordance with section 19.\n\n(2) The Regulatory Authority must not grant a provider approval unless the Authority is satisfied as to the matters in section 12.\n\n(3) Subject to subsection (4), the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\n\nNote to Sch. s. 15(3) amended by No. 13/2022 s. 8, substituted as Notes by No. 43/2022 s. 18.\n\n**Notes**\n\n1. If further information is requested under section 14(1)(a), the period between the making of the request and the provision of the information is not included in the 60 day period.\n\n2. If an assessment is required under section 14(1)(c), the period between the giving of the notification and the conduct of the assessment is not included in the 60 day period.\n\n(4) The period referred to in subsection (3) may be extended by up to 30 days with the agreement of the applicant.\n\n(5) The Regulatory Authority is taken to have refused to grant a provider approval if the Regulatory Authority has not made a decision under subsection (1)—\n\n(a) within the relevant period required under subsection (3); or\n\n(b) within the period extended under subsection (4)—\n\n\t16 Notice of decision on application\n\nThe Regulatory Authority must give written notice to the applicant of a decision under section 15 and the reasons for that decision within 7 days after the decision is made.\n\n\t17 Duration of provider approval\n\nA provider approval granted under section 15 continues in force until it is cancelled or surrendered under this Law, or this Law as applying in a participating jurisdiction.\n\n","sortOrder":72},{"sectionNumber":"18","sectionType":"section","heading":"Effect of provider approval","content":"\t18 Effect of provider approval\n\nA provider approval authorises the approved provider to operate an approved education and care service and an associated children's service if the approved provider is the holder of the service approval for those services.\n\n\t19 Conditions on provider approval\n\n(1) A provider approval may be granted subject to any conditions that are prescribed in the national regulations or that are determined by the Regulatory Authority.\n\n(2) Without limiting subsection (1), a provider approval is subject to the condition that the approved provider must comply with this Law.\n\n(3) A condition of a provider approval applies to the provider as the operator of any education and care service or associated children's service, unless the condition expressly provides otherwise.\n\nSch. s. 19(4) amended by Nos 43/2022 s. 52, 53/2025 s. 13.\n\n(4) An approved provider must comply with the conditions of the provider approval.\n\n\t20 Copy of provider approval\n\nIf the Regulatory Authority grants a provider approval under this Part, the Regulatory Authority must provide a copy of the provider approval to the approved provider stating—\n\n(a) the name of the approved provider; and\n\n(b) if the approved provider is not an individual, the address of the principal office of the provider; and\n\n(c) any conditions to which the approval is subject; and\n\n(d) the date that the provider approval was granted; and\n\n(e) the provider approval number; and\n\nDivision 2—Reassessment\n\n","sortOrder":73},{"sectionNumber":"21","sectionType":"section","heading":"Reassessment of fitness and propriety","content":"\t21 Reassessment of fitness and propriety\n\n(1) The Regulatory Authority may at any time assess—\n\n(a) whether an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or\n\n(b) whether a person with management or control of an education and care service operated by an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or\n\n(c) whether a person who becomes a person with management or control of an education and care service operated by the approved provider after the grant of the provider approval is a fit and proper person to be involved in the provision of an education and care service.\n\n(2) Sections 13 and 14 apply to the reassessment.\n\n","sortOrder":74},{"sectionNumber":"Div 3","sectionType":"division","heading":"Amendment of provider approvals","content":"Division 3—Amendment of provider approvals\n\n","sortOrder":75},{"sectionNumber":"22","sectionType":"section","heading":"Amendment of provider approval on application","content":"\t22 Amendment of provider approval on application\n\n(1) An approved provider may apply to the Regulatory Authority for an amendment of the provider approval.\n\n(3) The Regulatory Authority must decide the application by—\n\n(a) amending the provider approval in the way applied for; or\n\n(b) with the applicant's written agreement, amending the provider approval in another way; or\n\n(c) refusing to amend the provider approval.\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 provider approval or impose a new condition on the provider approval.\n\n","sortOrder":76},{"sectionNumber":"23","sectionType":"section","heading":"Amendment of provider approval by Regulatory Authority","content":"\t23 Amendment of provider approval by Regulatory Authority\n\n(1) The Regulatory Authority may amend a provider 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 provider approval or impose a new condition on the provider approval.\n\nSch. s. 23(2A) inserted by No. 53/2025 s. 66.\n\n(2A) Without limiting subsections (1) and (2), the Regulatory Authority may amend an approved provider's provider approval, vary a condition on an approved provider's provider approval or impose a new condition on an approved provider's provider approval if the Regulatory Authority is satisfied that—\n\n(b) the amendment of the provider approval, the variation of the condition on the provider approval or the imposition of the new condition on the provider approval is reasonably necessary to address the systemic risk.\n\n(3) The Regulatory Authority must give written notice to the approved provider of the amendment.\n\n(4) An amendment under this section has effect—\n\nSch. s. 23(4)(a) amended by No. 80/2011 s. 64.\n\n(a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or\n\n","sortOrder":77},{"sectionNumber":"24","sectionType":"section","heading":"Copy of amended provider approval to be provided","content":"\t24 Copy of amended provider approval to be provided\n\nIf the Regulatory Authority amends a provider approval under this Division, the Regulatory Authority must—\n\n(a) provide an amended copy of the provider approval to the approved provider; and\n\n(b) make any necessary amendments to any service approval held by the provider and provide an amended copy of the service approval to the approved provider.\n\n","sortOrder":78},{"sectionNumber":"Div 4","sectionType":"division","heading":"Suspension or cancellation of provider approval","content":"Division 4—Suspension or cancellation of provider approval\n\nSch. s. 25 amended by No. 53/2025 s. 67 (ILA s. 39B(1)).\n\n","sortOrder":79},{"sectionNumber":"25","sectionType":"section","heading":"Grounds for suspension of provider approval","content":"\t25 Grounds for suspension of provider approval\n\n(1) The Regulatory Authority may suspend a provider approval if—\n\n(a) the approved provider has been charged with an indictable offence, or with an offence that if committed in this jurisdiction would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of an education and care service; or\n\n(b) the approved provider has failed to comply with a condition of the provider approval; or\n\n(c) the approved provider has failed to comply with this Law as applying in any participating jurisdiction; or\n\n(d) action is being taken under Part 7 (other than a compliance direction) in respect of more than one education and care service operated by the approved provider; or\n\n(e) the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or\n\n(f) the approved provider purported to transfer or receive a transfer of an approved education and care service without the consent of the Regulatory Authority; or\n\nSch. s. 25(1)(g) amended by No. 43/2022 s. 19(a).\n\n(g) the approved provider has not paid any outstanding prescribed fees; or\n\nSch. s. 25(1)(h) inserted by No. 43/2022 s. 19(b).\n\n(h) under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or\n\nIt is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n\nSch. s. 25(1)(i) inserted by No. 43/2022 s. 19(b).\n\n(i) the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.\n\nThe Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n\nSch. s. 25(2) inserted by No. 53/2025 s. 67.\n\n(2) Without limiting subsection (1), the Regulatory Authority may suspend an approved provider's provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\n\n(b) the suspension is reasonably necessary to address the systemic risk.\n\n","sortOrder":80},{"sectionNumber":"26","sectionType":"section","heading":"Show cause notice before suspension","content":"\t26 Show cause notice before suspension\n\n(1) This section applies if the Regulatory Authority is considering the suspension of a provider approval under section 25.\n\n(a) that the Regulatory Authority intends to suspend the provider 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.\n\n","sortOrder":81},{"sectionNumber":"27","sectionType":"section","heading":"Decision to suspend after show cause process","content":"\t27 Decision to suspend after show cause process\n\nAfter considering any written response from the approved provider received within the time allowed by section 26(2)(d), the Regulatory Authority may—\n\nSch. s. 27(a) substituted by No. 9/2017 s. 7, amended by No. 53/2025 s. 68.\n\n(a) if the suspension was proposed on a ground referred to in section 25(1)(a), accept an undertaking from the approved provider under section 179A; or\n\nSch. s. 27(b) substituted by No. 9/2017 s. 7.\n\n(b) in any case—\n\n(i) suspend the provider approval for a period not more than the prescribed period; or\n\n(ii) decide not to suspend the provider approval.\n\n","sortOrder":82},{"sectionNumber":"28","sectionType":"section","heading":"Suspension without show cause notice","content":"\t28 Suspension without show cause notice\n\n(1) The Regulatory Authority may suspend the provider approval on a ground referred to in section 25 without giving the approved provider a show cause notice under section 26 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 an education and care service operated by the provider.\n\n(2) The suspension may not be for a period of more than 6 months.\n\n","sortOrder":83},{"sectionNumber":"29","sectionType":"section","heading":"Notice and taking effect of suspension","content":"\t29 Notice and taking effect of suspension\n\n(1) The Regulatory Authority must give the approved provider written notice of the decision to suspend the provider approval.\n\n(2) The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect.\n\n(3) The decision under section 27 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(4) The decision under section 28 to suspend takes effect on the giving of the notice.\n\n","sortOrder":84},{"sectionNumber":"30","sectionType":"section","heading":"Effect of suspension","content":"\t30 Effect of suspension\n\n(1) Subject to this section, if a provider approval is suspended under section 27 or 28 of this Law as applying in any participating jurisdiction, all service approvals held by the provider are also suspended for the same period.\n\n(2) A suspension under subsection (1) applies to both education and care services and any associated children's services.\n\n(3) A person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension.\n\n(4) A service approval is not suspended under subsection (1) during any period that a person is approved under section 41 to manage or control the education and care service.\n\n(5) The Regulatory Authority may consent under Part 3 to the transfer of a service approval that is suspended under section 27 or 28.\n\n(6) 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.\n\nSch. s. 31 amended by No. 53/2025 s. 69 (ILA s. 39B(1)).\n\n","sortOrder":85},{"sectionNumber":"31","sectionType":"section","heading":"Grounds for cancellation of provider approval","content":"\t31 Grounds for cancellation of provider approval\n\n(1) The Regulatory Authority may cancel a provider approval if—\n\n(a) the Regulatory Authority is satisfied that the approved provider or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service; or\n\n(b) the Regulatory Authority is satisfied  that the continued provision of education and care services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing  of any child or class of children being educated and cared for by an education and care service operated by the approved provider; or\n\n(c) the approved provider has been found guilty of an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or\n\n(d) the approved provider has been found guilty of an offence under this Law as applying in any participating jurisdiction; or\n\n(e) the approved provider has breached a condition of the provider approval; or\n\nSch. s. 31(1)(f) amended by No. 43/2022 s. 20(a).\n\n(f) the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or\n\nSch. s. 31(1)(g) inserted by No. 43/2022 s. 20(b).\n\n(g) under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or\n\nIt is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n\nSch. s. 31(1)(h) inserted by No. 43/2022 s. 20(b).\n\n(h) the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.\n\nThe Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n\nSch. s. 31(2) inserted by No. 53/2025 s. 69.\n\n(2) Without limiting subsection (1), the Regulatory Authority may cancel an approved provider's provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\n\n(b) the cancellation is reasonably necessary to address the systemic risk.\n\n","sortOrder":86},{"sectionNumber":"32","sectionType":"section","heading":"Show cause notice before cancellation","content":"\t32 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(a) that the Regulatory Authority intends to cancel the provider approval; 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.\n\n","sortOrder":87},{"sectionNumber":"33","sectionType":"section","heading":"Decision in relation to cancellation","content":"\t33 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\nSch. s. 33(1)(a)(ii) amended by No. 80/2011 s. 65.\n\n(ii) suspend the provider approval for a period not more than the prescribed period; or\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.\n\n","sortOrder":88},{"sectionNumber":"34","sectionType":"section","heading":"Effect of cancellation","content":"\t34 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.\n\n","sortOrder":89},{"sectionNumber":"35","sectionType":"section","heading":"Approved provider to provide information to Regulatory Authority","content":"\t35 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.\n\n","sortOrder":90},{"sectionNumber":"36","sectionType":"section","heading":"Notice to parents of suspension or cancellation","content":"\t36 Notice to parents of suspension or cancellation\n\n(1) This section applies if a provider approval has been suspended or cancelled under section 27, 28, 33 or 34.\n\n(2) The Regulatory Authority may require the person who is or was the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at all or any of the education and care services operated by that person.\n\nSch. s. 36(3) amended by Nos 43/2022 s. 53, 53/2025 s. 14.\n\n(3) A person must comply with a requirement made of that person under subsection (2).\n\n","sortOrder":91},{"sectionNumber":"37","sectionType":"section","heading":"Voluntary suspension of provider approval","content":"\t37 Voluntary suspension of provider approval\n\n(1) An approved provider may apply to the Regulatory Authority for a suspension of the provider approval for a period of not more than 12 months.\n\n(3) 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 services operated by the approved provider of the intention to make the application.\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) The Regulatory Authority must give written notice of its decision (including the period of suspension) to the approved provider.\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.\n\n(7) A suspension under this section remains in force for the period of time specified in the notice.\n\n(8) The approved provider may apply to the Regulatory Authority to revoke the suspension before the end of the suspension period.\n\n(9) If the Regulatory Authority grants the application to revoke the suspension, the suspension ceases on the date determined by agreement with the approved provider.\n\n(10) If a provider approval is suspended under this section, each service approval held by the provider is also suspended for the same period unless—\n\n(a) a person is approved under section 41 to manage or control the education and care service to which the approval relates; or\n\n(b) the service approval is transferred under Division 3 of Part 3.\n\n","sortOrder":92},{"sectionNumber":"38","sectionType":"section","heading":"Surrender of provider approval by approved provider","content":"\t38 Surrender of provider approval by approved provider\n\n(1) An approved provider may surrender the provider 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 services operated by the approved provider of the intention to surrender the provider approval, at least 14 days before the surrender is intended to take effect.\n\n(4) If a provider approval is surrendered, the approval is cancelled on the date specified in the notice.\n\n(5) If a provider approval is surrendered, any service approval held by the provider is also taken to be surrendered.\n\nIf a service approval is surrendered, it is cancelled—see section 86. A cancelled service approval cannot be transferred—see definition of ***service approval*** and also Division 3 of Part 3.\n\n","sortOrder":93},{"sectionNumber":"Div 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\n","sortOrder":94},{"sectionNumber":"39","sectionType":"section","heading":"Death of approved provider","content":"\t39 Death of approved provider\n\n(1) This section applies if an approved provider dies.\n\nSch. s. 39(2) substituted by No. 9/2017 s. 8(1).\n\n(2) A nominated supervisor or a person in day‑to-day charge of an education and care service of the approved provider must notify the Regulatory Authority of the approved provider's death within 7 days after that death.\n\nSch. s. 39(3) amended by No. 9/2017 s. 8(2).\n\n(3) The executor of the estate of the approved provider may continue to operate any approved education and care service of the approved provider for the relevant period provided that at least one nominated supervisor continues to manage the day-to-day operation of the service.\n\n(4) The executor of the estate of the approved provider may transfer, surrender or apply for suspension of a service approval of the approved provider under this Law during the relevant period as if the executor were the approved provider.\n\n(5) The executor of the estate of the approved provider may apply to the Regulatory Authority for a provider approval.\n\n(6) The application must be made within 30 days of the death of the approved provider and must—\n\n(7) In this section ***relevant* *period*** means—\n\n(a) the period of 30 days after the death of the approved provider; or\n\nSch. s. 39(7)(b) amended by No. 80/2011 s. 66.\n\n(b) if the executor of the estate of the approved provider makes an application under subsection (5) within that period, until the application is finally determined under this Law.\n\n","sortOrder":95},{"sectionNumber":"40","sectionType":"section","heading":"Incapacity of approved provider","content":"\t40 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","sortOrder":96},{"sectionNumber":"41","sectionType":"section","heading":"Decision on application","content":"\t41 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\nSch. s. 41(4)(b) substituted by No. 9/2017 s. 9.\n\n(b) may be extended or further extended for periods of not more than 6 months—\n\nat 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.\n\n\tDivision 6—Exercise of powers by another Regulatory Authority\n\n","sortOrder":97},{"sectionNumber":"42","sectionType":"section","heading":"Exercise of powers by another Regulatory Authority","content":"\t42 Exercise of powers by another Regulatory Authority\n\n(1) This section applies if the Regulatory Authority has granted a provider approval under this Part.\n\n(2) A Regulatory Authority of another participating jurisdiction may exercise all of the powers and perform all of the functions of the Regulatory Authority under this Part (except Division 5) in respect of the provider approval if the approved provider operates an approved education and care service in that participating jurisdiction.\n\n(3) A Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a provider approval after consulting with the Regulatory Authority of each participating jurisdiction in which the approved provider operates an approved education and care service.\n\n(4) A failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.\n\n(5) A cancellation or suspension of a provider approval in another participating jurisdiction has effect in this jurisdiction.\n\nPart 3—Service Approval\n\nDivision 1—Application for service approval\n\n\t43 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\nSch. s. 43(2) amended by No. 9/2017 s. 10.\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 supervisors 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.\n\nNote to Sch. s. 43 inserted by No. 33/2023 s. 4.\n\nMandatory approval in principle jurisdictions require an approved provider to hold an approval in principle under Part 4 for the education and care service premises as a precondition of service approval. See section 49A.\n\n","sortOrder":98},{"sectionNumber":"44","sectionType":"section","heading":"Form of application","content":"\t44 Form of application\n\n(1) An application for a service approval must—\n\n(a) be made to the Regulatory Authority of the participating jurisdiction in which the service is to be located; and\n\nSch. s. 44(1)(d) substituted by No. 9/2017 s. 11(1).\n\n(d) nominate one or more individuals to be nominated supervisors of the service; and\n\nSch. s. 44(1)(da) inserted by No. 9/2017 s. 11(1).\n\n(da) include from each nominated individual (other than the approved provider) the 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\nSch. s. 44(3) substituted by No. 9/2017 s. 11(2).\n\n(3) An application for a service approval for a family day care service may include a request for approval of a place (other than a residence) as a family day care venue for that service.\n\nThis approval is granted under section 50A only if exceptional circumstances exist.\n\n","sortOrder":99},{"sectionNumber":"45","sectionType":"section","heading":"Regulatory Authority may seek further information","content":"\t45 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\nSch. s. 45(1A) inserted by No. 53/2025 s. 70(1).\n\n(1A) The Regulatory Authority may ask a related provider of an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.\n\nSch. s. 45(2) amended by No. 53/2025 s. 70(2).\n\n(2) If the Regulatory Authority asks the applicant or a related provider of 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.\n\n","sortOrder":100},{"sectionNumber":"46","sectionType":"section","heading":"Investigation of application for service approval","content":"\t46 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.\n\n","sortOrder":101},{"sectionNumber":"47","sectionType":"section","heading":"Determination of application","content":"\t47 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\nSch. s. 47(1)(ba) inserted by No. 33/2023 s. 5.\n\n(ba) any approval in principle held by the approved provider for the education and care service premises, and whether the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle; and\n\nThe approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105.\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\nSch. s. 47(1)(e) substituted by No. 9/2017 s. 12.\n\n(e) except in the case of a nominated supervisor who is the approved provider, whether each nominated supervisor 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\nSch. s. 47(2) amended by No. 80/2011 s. 67.\n\n(2) In addition, the Regulatory Authority may have regard to either of the following—\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\nSch. s. 47(2A) inserted by No. 53/2025 s. 71.\n\n(2A) In addition, the Regulatory Authority may have regard to the history of compliance of a related provider of the applicant with this Law or this Law as applying in any participating jurisdiction, including in relation to any education and care service operated by the related provider of the applicant, if the Regulatory Authority is satisfied that there is a systemic risk in relation to the applicant or the related provider of the applicant.\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.\n\n","sortOrder":102},{"sectionNumber":"48","sectionType":"section","heading":"Grant or refusal of service approval","content":"\t48 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\nA 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\nIf 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\nSch. s. 48(4)(b) amended by No. 80/2011 s. 68.\n\n(b) that associated children's service does not comply with the criteria referred to in section 47(3).\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(6) A service approval cannot be granted solely for an associated children's service.\n\n","sortOrder":103},{"sectionNumber":"49","sectionType":"section","heading":"Grounds for refusal","content":"\t49 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\nSch. s. 49(1A) inserted by No. 53/2025 s. 72.\n\n(1A) The Regulatory Authority may refuse to grant a service approval on a ground set out in section 47(2A).\n\n(2) The Regulatory Authority may refuse to grant a service approval on any other grounds prescribed in the national regulations.\n\nSch. s. 49(3) inserted by No. 33/2023 s. 6.\n\n(3) The Regulatory Authority must not refuse to grant a service approval on the ground that the education and care service premises do not meet the approval in principle criteria if—\n\n(a) the approved provider is an approval in principle holder for the premises; and\n\n(b) the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\n\nThe approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105.\n\nSch. s. 49(4) inserted by No. 33/2023 s. 6.\n\n(4) Subsection (3) does not prevent the Regulatory Authority from refusing to grant a service approval on any other ground, including a ground set out in subsection (1)(a) or section 47(1)(b).\n\nSch. s. 49A inserted by No. 33/2023 s. 7.\n\n","sortOrder":104},{"sectionNumber":"49A","sectionType":"section","heading":"Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle","content":"\t49A Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle\n\n(1) This section applies to, and in relation to, a Part 4 jurisdiction if a law of the Part 4 jurisdiction, or an instrument made under that law, specifically declares that section 49A of this Law applies.\n\n(2) Without limiting section 49(1), the Regulatory Authority must refuse to grant a service approval if—\n\n(a) the education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and\n\n(b) under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is or was required for the construction, alteration or repair of the premises or the development of the land; and\n\n(c) either—\n\n(i) the approved provider is not the approval in principle holder for the premises; or\n\n(ii) the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\n\n(3) Despite subsection (2), the Regulatory Authority may grant a service approval for an education and care service—\n\n(a) if satisfied that—\n\n(i) the service approval is required for the emergency relocation of an education and care service; and\n\n(ii) the education and care service premises is the most suitable available premises for the education and care service; or\n\n(b) in any other prescribed circumstances.\n\n(4) Subsection (2) does not apply if—\n\n(a) a service approval was previously granted for an education and care service at the premises; and\n\n(b) since the cancellation or surrender of that service approval, there has been no further construction, alteration or repair of the premises requiring a permit or approval under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction.\n\n","sortOrder":105},{"sectionNumber":"50","sectionType":"section","heading":"Notice of decision on application","content":"\t50 Notice of decision on application\n\nThe 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.\n\nSch. s. 50A inserted by No. 9/2017 s. 13.\n\n","sortOrder":106},{"sectionNumber":"50A","sectionType":"section","heading":"Approval of a place as a family day care venue","content":"\t50A Approval of a place as a family day care venue\n\nThe Regulatory Authority may, at the time of granting the service approval for a family day care service, approve a place (other than a residence) as a family day care venue for that service if the Regulatory Authority considers exceptional circumstances exist.\n\n","sortOrder":107},{"sectionNumber":"51","sectionType":"section","heading":"Conditions on service approval","content":"\t51 Conditions on service approval\n\n(1) A service approval is granted subject to the condition that the education and care service is operated in a way that—\n\n(a) ensures the safety, health and wellbeing of the children being educated and cared for by the service; and\n\n(b) meets the educational and developmental needs of the children being educated and cared for by the service.\n\nSch. s. 51(2) substituted by No. 9/2017 s. 14(1).\n\n(2) A service approval for a family day care service is granted subject to a condition that the approved provider must ensure that each family day care educator engaged by or registered with the service is adequately monitored and supported by a family day care co-ordinator.\n\nSch. s. 51(2A) inserted by No. 9/2017 s. 14(1).\n\n(2A) A service approval for a family day care service is granted subject to a condition that each family day care residence, and any approved family day care venue of the service, are to be located within this jurisdiction.\n\nSch. s. 51(3) amended by No. 13/2022 s. 9.\n\n(3) A service approval is granted subject to a condition that the approved provider must commence ongoing operation of the service within 6 months after the approval is granted unless the Regulatory Authority agrees to an extension of time.\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\nSch. s. 51(4A) inserted by No. 9/2017 s. 14(2).\n\n(4A) A service approval for an education and care service other than a family day care service is granted subject to a condition that the approved provider must ensure that the number of children educated and cared for by the service at any one time does not exceed the maximum number of children specified in the service approval.\n\nSch. s. 51(4B) inserted by No. 9/2017 s. 14(2).\n\n(4B) An approved provider is not required to comply with subsection (4A) if—\n\n(a) the maximum number of children is exceeded because a child is, or 2 or more children from the same family are, being educated and cared for by the education and care service in an emergency; and\n\n(b) the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of any other child who is attending the education and care service.\n\nAn emergency under this subsection would include circumstances where a child is in need of protection under a child protection order or where the parent of a child needs urgent health care that prevents that parent caring for the child.\n\n(5) A service approval is granted subject to any other conditions prescribed in the national regulations or imposed by—\n\n(b) the Regulatory Authority.\n\n(6) A condition of a service approval does not apply to an associated children's service unless the condition is expressed to apply to that associated children's service.\n\n(7) A condition of a service approval may be expressed to apply solely to an associated children's service only if the Regulatory Authority has first consulted with the children's services regulator.\n\nSch. s. 51(8) amended by Nos 43/2022 s. 54, 53/2025 s. 15.\n\n(8) An approved provider must comply with the conditions of a service approval held by the approved provider.\n\n","sortOrder":108},{"sectionNumber":"52","sectionType":"section","heading":"Copy of service approval to be provided","content":"\t52 Copy of service approval to be provided\n\nIf 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\nSch. s. 52(b) amended by No. 9/2017 s. 15.\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 of the service 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.\n\n","sortOrder":109},{"sectionNumber":"53","sectionType":"section","heading":"Annual fee","content":"\t53 Annual fee\n\nAn 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.\n\nDivision 2—Amendment of service approval\n\n","sortOrder":110},{"sectionNumber":"54","sectionType":"section","heading":"Amendment of service approval on application","content":"\t54 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\nSch. s. 54(1A) inserted by No. 9/2017 s. 16(1).\n\n(1A) An application under subsection (1) may include a request for the approval of a place (other than a residence) as a family day care venue for a family day care service.\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\nSch. s. 54(4) amended by No. 9/2017 s. 16(2).\n\n(4) 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 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\nSch. s. 54(8) substituted by No. 9/2017 s. 16(3).\n\n(8) Subject to subsection (8A), an amendment cannot change a location of an education and care service.\n\nSch. s. 54(8A) inserted by No. 9/2017 s. 16(3).\n\n(8A) The Regulatory Authority may approve a place (other than a residence) as a family day care venue for a family day care service if the Regulatory Authority considers exceptional circumstances exist.\n\n(9) The Regulatory Authority must give written notice of its decision to the approved provider.\n\n","sortOrder":111},{"sectionNumber":"55","sectionType":"section","heading":"Amendment of service approval by Regulatory Authority","content":"\t55 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\nSch. s. 55(2A) inserted by No. 53/2025 s. 73.\n\n(2A) Without limiting subsections (1) and (2), the Regulatory Authority may amend an approved provider's service approval, vary a condition on an approved provider's service approval or impose a new condition on an approved provider's service approval if the Regulatory Authority is satisfied that—\n\n(b) the amendment of the service approval, the variation of the condition on the service approval or the imposition of the new condition on the service approval is reasonably necessary to address the systemic risk.\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(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.\n\nSch. s. 55A inserted by No. 9/2017 s. 17.\n\n","sortOrder":112},{"sectionNumber":"55A","sectionType":"section","heading":"Condition relating to family day care co‑ordinators","content":"\t55A Condition relating to family day care co‑ordinators\n\nSch. s. 55A(1) amended by No. 43/2022 s. 21(1).\n\n(1) Without limiting section 55, an amendment under that section may impose a condition on the service approval for a family day care service requiring the approved provider to ensure that there is a minimum of one qualified person employed or engaged as a family day care co-ordinator for every 15 family day care educators (or part of that number) engaged by or registered with that service.\n\nExample to Sch. s. 55A(1) inserted by No. 43/2022 s. 21(2).\n\nIf between 1 and 15 family day care educators are engaged by or registered with the family day care service, at least one qualified person must be employed or engaged by the approved provider as a family day care co-ordinator.\n\nIf between 16 and 30 family day care educators are engaged by or registered with the family day care service, at least 2 qualified persons must be employed or engaged by the approved provider as a family day care co-ordinator.\n\n(2) A condition may only be imposed under subsection (1) if—\n\n(a) the family day care service has been operating for more than 12 months; and\n\n(b) the Regulatory Authority—\n\n(i) has taken into account the approved provider's capability and compliance with this Law in respect of the family day care service; and\n\n(ii) considers that family day care educators are not adequately monitored and supported by a family day care co‑ordinator.\n\n(3) Section 163 does not apply if a condition is imposed under subsection (1) in respect of a family day care service.\n\n(4) A person is a qualified person under this section if the person has the qualifications prescribed by the national regulations.\n\nSch. s. 56 substituted by No. 9/2017 s. 18.\n\n","sortOrder":113},{"sectionNumber":"56","sectionType":"section","heading":"Notice of addition of nominated supervisor","content":"\t56 Notice of addition of 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 add a new nominated supervisor of the education and care service.\n\n(a) nominate one or more individuals to be nominated supervisors of the service and, unless the individual nominated is the approved provider, include from each nominated individual the written consent to the nomination; and\n\n(c) be given—\n\n(i) at least 7 days before the individual is to commence work as a nominated supervisor; or\n\n(ii) if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the individual commences work as a nominated supervisor.\n\nSection 173(2)(b) requires an approved provider to notify the Regulatory Authority of the removal of a nominated supervisor.\n\nSch. s. 56A inserted by No. 9/2017 s. 19.\n\n","sortOrder":114},{"sectionNumber":"56A","sectionType":"section","heading":"Notice of change of a nominated supervisor's name or contact details","content":"\t56A Notice of change of a nominated supervisor's name or contact details\n\nThe approved provider of an education and care service must give written notice to the Regulatory Authority of any change to the name or contact details of any nominated supervisor of the education and care service.\n\n","sortOrder":115},{"sectionNumber":"57","sectionType":"section","heading":"Copy of amended service approval to be provided","content":"\t57 Copy of amended service approval to be provided\n\nIf 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.\n\n\tDivision 3—Transfer of service approval\n\n","sortOrder":116},{"sectionNumber":"58","sectionType":"section","heading":"Service approval may be transferred","content":"\t58 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.\n\n","sortOrder":117},{"sectionNumber":"59","sectionType":"section","heading":"Regulatory Authority to be notified of transfer","content":"\t59 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\nSch. s. 59(1)(a) amended by No. 43/2022 s. 22(1).\n\n(a) at least 60 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\nSch. s. 59(2)(ab) inserted by No. 43/2022 s. 22(2).\n\n(ab) specify the date on which the transfer is intended to take effect; and\n\nSch. s. 59A inserted by No. 43/2022 s. 23.\n\n","sortOrder":118},{"sectionNumber":"59A","sectionType":"section","heading":"Further notification required in case of delay to transfer date","content":"\t59A Further notification required in case of delay to transfer date\n\n(1) If, after giving a notification under section 59, the transfer is to be delayed, the transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority as soon as practicable of the new date that the transfer is intended to take effect.\n\n(2) A notification under subsection (1) does not affect consent to the transfer given or taken to have been given by the Regulatory Authority before it received that notification.\n\n","sortOrder":119},{"sectionNumber":"60","sectionType":"section","heading":"Consent of Regulatory Authority required for transfer","content":"\t60 Consent of Regulatory Authority required for transfer\n\nA service approval cannot be transferred without the consent of the Regulatory Authority.\n\n","sortOrder":120},{"sectionNumber":"61","sectionType":"section","heading":"Consent taken to be given unless Regulatory Authority intervenes","content":"\t61 Consent taken to be given unless Regulatory Authority intervenes\n\nThe 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.\n\n","sortOrder":121},{"sectionNumber":"62","sectionType":"section","heading":"Transfer may be subject to intervention by Regulatory Authority","content":"\t62 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\nSch. s. 62(1)(b) amended by No. 13/2022 s. 10.\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 or has operated;\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\nSch. s. 62(3) amended by No. 9/2017 s. 20(1).\n\n(3) Subject to subsection (5), 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(b) include the prescribed information.\n\nSch. s. 62(5) inserted by No. 9/2017 s. 20(2).\n\n(5) The period within which notice must be given under subsection (3) does not apply where the Regulatory Authority has not been notified of the intended transfer of a service approval in accordance with section 59.\n\n","sortOrder":122},{"sectionNumber":"63","sectionType":"section","heading":"Effect of intervention","content":"\t63 Effect of intervention\n\nIf the Regulatory Authority intervenes under section 62, the transfer must not proceed unless and until the Regulatory Authority gives written consent to the transfer.\n\n","sortOrder":123},{"sectionNumber":"64","sectionType":"section","heading":"Regulatory Authority may request further information","content":"\t64 Regulatory Authority may request further information\n\nIf 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.\n\n","sortOrder":124},{"sectionNumber":"65","sectionType":"section","heading":"Decision after intervention","content":"\t65 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.\n\nSch. s. 66 (Heading) amended by No. 43/2022 s. 24(1).\n\n","sortOrder":125},{"sectionNumber":"66","sectionType":"section","heading":"Regulatory Authority to notify outcome 10 days before transfer","content":"\t66 Regulatory Authority to notify outcome 10 days before transfer\n\nSch. s. 66(1) amended by No. 43/2022 s. 24(2).\n\n(1) If the Regulatory Authority has intervened in the transfer of a service approval, the Authority must, at least 10 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.\n\n","sortOrder":126},{"sectionNumber":"67","sectionType":"section","heading":"Transfer of service approval without consent is void","content":"\t67 Transfer of service approval without consent is void\n\nA 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.\n\nSch. s. 67A inserted by No. 43/2022 s. 25.\n\n","sortOrder":127},{"sectionNumber":"67A","sectionType":"section","heading":"Request for earlier transfer date after consent given to transfer","content":"\t67A Request for earlier transfer date after consent given to transfer\n\n(1) This section applies if the Regulatory Authority has consented to or is taken to have consented to the transfer of a service approval.\n\n(2) The transferring approved provider and the receiving approved provider may request the transfer take effect on an earlier date than specified in the notification under section 59 or 59A.\n\n(3) The Regulatory Authority may agree to the requested earlier date if the Regulatory Authority considers that exceptional circumstances exist.\n\n","sortOrder":128},{"sectionNumber":"68","sectionType":"section","heading":"Confirmation of transfer","content":"\t68 Confirmation of transfer\n\nSch. s. 68(1) amended by Nos 43/2022 s. 55, 53/2025 s. 16.\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(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.\n\n","sortOrder":129},{"sectionNumber":"69","sectionType":"section","heading":"Notice to parents","content":"\t69 Notice to parents\n\nSch. s. 69(1) amended by Nos 43/2022 s. 56, 53/2025 s. 17.\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\nSch. s. 69(2) amended by No. 43/2022 s. 26.\n\n(2) The notice must be given at least 7 days before the date on which the transfer of the service approval takes effect.\n\nDivision 4—Suspension or cancellation of service approval\n\nSch. s. 70 amended by No. 53/2025 s. 74 (ILA s. 39B(1)).\n\n","sortOrder":130},{"sectionNumber":"70","sectionType":"section","heading":"Grounds for suspension of service approval","content":"\t70 Grounds for suspension of service approval\n\n(1) 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.\n\nSch. s. 70(2) inserted by No. 53/2025 s. 74.\n\n(2) Without limiting subsection (1), the Regulatory Authority may suspend an approved provider's service approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\n\n(b) the suspension is reasonably necessary to address the systemic risk.\n\n","sortOrder":131},{"sectionNumber":"71","sectionType":"section","heading":"Show cause notice before suspension","content":"\t71 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(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.\n\n","sortOrder":132},{"sectionNumber":"72","sectionType":"section","heading":"Decision in relation to suspension","content":"\t72 Decision in relation to suspension\n\nAfter considering any written response from the approved provider received within the time allowed by section 71(2)(d), the Regulatory Authority may—\n\nSch. s. 72(a) substituted by No. 9/2017 s. 21, amended by No. 53/2025 s. 75.\n\n(a) if the suspension was proposed on the ground referred to in section 70(1)(a), (c) or (d), accept an undertaking from the approved provider under section 179A; or\n\nSch. s. 72(b) substituted by No. 9/2017 s. 21.\n\n(b) in any case—\n\n(i) suspend the service approval for a period not more than the prescribed period; or\n\n(ii) decide not to suspend the service approval.\n\n","sortOrder":133},{"sectionNumber":"73","sectionType":"section","heading":"Suspension of service approval without show cause","content":"\t73 Suspension of service approval without show cause\n\nThe 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.\n\n","sortOrder":134},{"sectionNumber":"74","sectionType":"section","heading":"Notice and effect of decision","content":"\t74 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.\n\n","sortOrder":135},{"sectionNumber":"75","sectionType":"section","heading":"Suspension of service approval to the extent that it relates to associated children's service","content":"\t75 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.\n\n","sortOrder":136},{"sectionNumber":"76","sectionType":"section","heading":"Transfer of suspended service","content":"\t76 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.\n\nSch. s. 77 amended by No. 53/2025 s. 76 (ILA s. 39B(1)).\n\n","sortOrder":137},{"sectionNumber":"77","sectionType":"section","heading":"Grounds for cancellation of service approval","content":"\t77 Grounds for cancellation of service approval\n\n(1) 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.\n\nSch. s. 77(2) inserted by No. 53/2025 s. 76.\n\n(2) Without limiting subsection (1), the Regulatory Authority may cancel an approved provider's service approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\n\n(b) the cancellation is reasonably necessary to address the systemic risk.\n\n","sortOrder":138},{"sectionNumber":"78","sectionType":"section","heading":"Show cause notice before cancellation","content":"\t78 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(a) that the Regulatory Authority intends to cancel the service approval; 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.\n\n","sortOrder":139},{"sectionNumber":"79","sectionType":"section","heading":"Decision in relation to cancellation","content":"\t79 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(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.\n\n","sortOrder":140},{"sectionNumber":"80","sectionType":"section","heading":"Cancellation of service approval to the extent that it relates to associated children's service","content":"\t80 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.\n\n","sortOrder":141},{"sectionNumber":"81","sectionType":"section","heading":"Application for transfer of cancelled service","content":"\t81 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.\n\n(4) An application cannot be made under this section for consent to transfer a cancelled service approval if the cancellation relates only to an associated children's service.\n\n","sortOrder":142},{"sectionNumber":"82","sectionType":"section","heading":"Decision on application to transfer cancelled service","content":"\t82 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.\n\n","sortOrder":143},{"sectionNumber":"83","sectionType":"section","heading":"Approved provider to provide information to Regulatory Authority","content":"\t83 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.\n\n","sortOrder":144},{"sectionNumber":"84","sectionType":"section","heading":"Notice to parents of suspension or cancellation","content":"\t84 Notice to parents of suspension or cancellation\n\nSch. s. 84(1) amended by No. 9/2017 s. 22.\n\n(1) This section applies if a service approval has been suspended or cancelled under section 72, 73, 79 or 82.\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\nSch. s. 84(3) amended by Nos 43/2022 s. 57, 53/2025 s. 18.\n\n(3) The approved provider must comply with a requirement made under subsection (2).\n\n","sortOrder":145},{"sectionNumber":"85","sectionType":"section","heading":"Voluntary suspension of service approval","content":"\t85 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(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.\n\n","sortOrder":146},{"sectionNumber":"86","sectionType":"section","heading":"Surrender of service approval","content":"\t86 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.\n\n\tDivision 5—Application for service waiver\n\n","sortOrder":147},{"sectionNumber":"87","sectionType":"section","heading":"Application for service waiver for service","content":"\t87 Application for service waiver for service\n\nSch. s. 87(1) substituted by No. 43/2022 s. 27.\n\n(1) An approved provider may apply to the Regulatory Authority for a waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section.\n\nSch. s. 87(1A) inserted by No. 43/2022 s. 27.\n\n(1A) Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.\n\n(2) A person who applies for a service approval may apply for a service waiver under this section together with the application for the service approval.\n\n(3) The Regulatory Authority must not grant a service waiver to a person who applies under subsection (2) unless the service approval is granted to that person.\n\n","sortOrder":148},{"sectionNumber":"88","sectionType":"section","heading":"Form of application","content":"\t88 Form of application\n\nAn application under section 87 must—\n\nSch. s. 89 amended by No. 9/2017 s. 23 (ILA s. 39B(3)).\n\n","sortOrder":149},{"sectionNumber":"89","sectionType":"section","heading":"Powers of Regulatory Authority in considering application","content":"\t89 Powers of Regulatory Authority in considering application\n\n(1) For the purpose of determining an application under this Division,  the Regulatory Authority may—\n\n(a) ask the applicant to provide further information; and\n\n(b) inspect the education and care service premises and the office of the applicant.\n\nSch. s. 89(2) inserted by No. 9/2017 s. 23.\n\n(2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 91(2) for the Regulatory Authority to make a decision on the application.\n\nSch. s. 90 substituted by No. 43/2022 s. 28.\n\n","sortOrder":150},{"sectionNumber":"90","sectionType":"section","heading":"Matters to be considered","content":"\t90 Matters to be considered\n\nIn considering whether the grant of a service waiver is appropriate, the Regulatory Authority may have regard to—\n\n(a) any matters disclosed in the application; and\n\nSch. s. 90(ab) inserted by No. 53/2025 s. 77.\n\n(ab) the history of compliance of a related provider of the applicant with this Law or this Law as applying in any participating jurisdiction, including in relation to any education and care service operated by the related provider of the applicant; and\n\n(b) any other matter the Regulatory Authority thinks fit.\n\n","sortOrder":151},{"sectionNumber":"91","sectionType":"section","heading":"Decision on application","content":"\t91 Decision on application\n\n(1) On an application under this Division, the Regulatory Authority may decide to grant the service waiver or refuse the application.\n\n(2) Subject to subsection (3), the Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority's decision on the application.\n\n(3) If an application for a service waiver has been made together with an application for service approval, the Regulatory Authority may notify the applicant of the Authority's decision on the application at the same time as the notice of the decision on the application for the service approval.\n\nSch. s. 91(4) substituted by No. 9/2017 s. 24.\n\n(4) If a service waiver is granted, the Regulatory Authority may place any conditions on the service waiver, including any condition limiting the use of the service waiver.\n\nSch. s. 91(5) inserted by No. 9/2017 s. 24.\n\n(5) The Regulatory Authority may, at any time remove, add to or vary any conditions placed on a service waiver under subsection (4).\n\nSch. s. 91(6) inserted by No. 9/2017 s. 24.\n\n(6) If a service waiver is granted or its conditions are amended under subsection (5), the Regulatory Authority must issue or reissue the service approval specifying—\n\nSch. s. 91(6)(a) substituted by No. 43/2022 s. 29.\n\n(a) the national regulations that have been waived; and\n\n(b) any conditions placed on the waiver.\n\n","sortOrder":152},{"sectionNumber":"92","sectionType":"section","heading":"Revocation of service waiver","content":"\t92 Revocation of service waiver\n\n(1) The Regulatory Authority may, at its discretion, revoke a service waiver.\n\n(2) An approved provider may apply to the Regulatory Authority for the revocation of a service waiver applying to any education and care service that it operates.\n\n(3) A revocation under this section takes effect at the end of the period prescribed in the national regulations.\n\nSch. s. 93 substituted by No. 43/2022 s. 30.\n\n","sortOrder":153},{"sectionNumber":"93","sectionType":"section","heading":"Effect of service waiver","content":"\t93 Effect of service waiver\n\nWhile a service waiver is in force, the approved education and care service is taken to comply with the national regulations specified in the service waiver.\n\nDivision 6—Temporary waiver\n\nSch. s. 94 substituted by No. 43/2022 s. 31.\n\n","sortOrder":154},{"sectionNumber":"94","sectionType":"section","heading":"Application for temporary waiver","content":"\t94 Application for temporary waiver\n\n(1) An approved provider may apply to the Regulatory Authority for a temporary waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section.\n\n(2) Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.\n\n","sortOrder":155},{"sectionNumber":"95","sectionType":"section","heading":"Form of application","content":"\t95 Form of application\n\nAn application under section 94 must—\n\nSch. s. 96 amended by No. 9/2017 s. 25 (ILA s. 39B(3)).\n\n","sortOrder":156},{"sectionNumber":"96","sectionType":"section","heading":"Regulatory Authority may seek further information","content":"\t96 Regulatory Authority may seek further information\n\n(1) For the purpose of determining an application under this Division,  the Regulatory Authority may—\n\n(a) ask the applicant to provide further information; and\n\n(b) inspect the education and care service premises and the office of the applicant.\n\nSch. s. 96(2) inserted by No. 9/2017 s. 25.\n\n(2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 98(1) for the Regulatory Authority to make a decision on the application.\n\n","sortOrder":157},{"sectionNumber":"97","sectionType":"section","heading":"Special circumstances","content":"\t97 Special circumstances\n\nIn considering whether the grant of a temporary waiver is appropriate, the Regulatory Authority must have regard to whether special circumstances disclosed in the application reasonably justify the grant of the temporary waiver.\n\n","sortOrder":158},{"sectionNumber":"98","sectionType":"section","heading":"Decision on application","content":"\t98 Decision on application\n\n(1) The Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority's decision on the application.\n\n(2) A temporary waiver must specify the period of the waiver which cannot be for a period of more than 12 months.\n\n(3) The Regulatory Authority, on the application of the approved provider, may—\n\n(a) extend and further extend the period of a temporary waiver by periods of not more than 12 months; and\n\n(b) grant a further temporary waiver for an education and care service under this Division.\n\nSch. s. 98(4) substituted by No. 9/2017 s. 26.\n\n(4) An application under subsection (3) must include payment of the prescribed fee.\n\nSch. s. 98(5) inserted by No. 9/2017 s. 26.\n\n(5) If a temporary waiver is granted, the Regulatory Authority may place any conditions on the temporary waiver, including any condition limiting the use of the temporary waiver.\n\nSch. s. 98(6) inserted by No. 9/2017 s. 26.\n\n(6) The Regulatory Authority may, at any time remove, add to or vary any conditions placed on a temporary waiver under subsection (5).\n\nSch. s. 98(7) inserted by No. 9/2017 s. 26.\n\n(7) If a temporary waiver is granted or its conditions are amended under subsection (6), the Regulatory Authority must issue or reissue the service approval specifying—\n\nSch. s. 98(7)(a) substituted by No. 43/2022 s. 32.\n\n(a) the national regulations that have been temporarily waived; and\n\n(b) the period of the waiver; and\n\n(c) any conditions placed on the waiver.\n\n","sortOrder":159},{"sectionNumber":"99","sectionType":"section","heading":"Revocation of temporary waiver","content":"\t99 Revocation of temporary waiver\n\nThe Regulatory Authority may, at its discretion, revoke a temporary waiver.\n\nSch. s. 100 substituted by No. 43/2022 s. 33.\n\n","sortOrder":160},{"sectionNumber":"100","sectionType":"section","heading":"Effect of temporary waiver","content":"\t100 Effect of temporary waiver\n\nWhile a temporary waiver is in force, the approved education and care service is not required to comply with the national regulations that have been temporarily waived.\n\n","sortOrder":161},{"sectionNumber":"Div 7","sectionType":"division","heading":"Exercise of powers by another Regulatory Authority","content":"Division 7—Exercise of powers by another Regulatory Authority\n\n","sortOrder":162},{"sectionNumber":"101","sectionType":"section","heading":"Exercise of powers by another Regulatory Authority—family day care services","content":"\t101 Exercise of powers by another Regulatory Authority—family day care services\n\n(1) This section applies if the Regulatory Authority has granted a service approval under this Part to an approved provider for a family day care service.\n\n(2) A Regulatory Authority of another participating jurisdiction may exercise all the powers and perform all the functions of a Regulatory Authority under this Part (except Division 3 or section 76, 81 or 82) in respect of the service approval if the family day care service operates in that participating jurisdiction.\n\n(3) A Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a service approval after consulting with the Regulatory Authority of each participating jurisdiction in which the family day care service operates.\n\n(4) A failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.\n\n(5) A cancellation or suspension of a service approval for a family day care service in another participating jurisdiction has effect in this jurisdiction.\n\n","sortOrder":163},{"sectionNumber":"Div 8","sectionType":"division","heading":"Associated children's services","content":"Division 8—Associated children's services\n\n","sortOrder":164},{"sectionNumber":"102","sectionType":"section","heading":"Application of this Law to associated children's services","content":"\t102 Application of this Law to associated children's services\n\nThis Law does not apply to an associated children's service except as expressly provided in this Law.\n\n","sortOrder":165},{"sectionNumber":"Div 9","sectionType":"division","heading":"Offences","content":"Division 9—Offences\n\n","sortOrder":166},{"sectionNumber":"103","sectionType":"section","heading":"Offence to provide an education and care service without service approval","content":"\t103 Offence to provide an education and care service without service approval\n\nSch. s. 103(1) amended by Nos 43/2022 s. 58, 53/2025 s. 19.\n\n(1) A person must not provide an education and care service unless—\n\n(a) the person is an approved provider in respect of that service; and\n\n(b) the education and care service is an approved education and care service.\n\n(2) Subsection (1) does not apply to a family day care educator providing education and care to children as part of an approved family day care service.\n\nSch. s. 103A inserted by No. 9/2017 s. 27, amended by Nos 43/2022 s. 59, 53/2025 s. 20.\n\n","sortOrder":167},{"sectionNumber":"103A","sectionType":"section","heading":"Offence relating to places where education and care is provided as part of a family day care service","content":"\t103A Offence relating to places where education and care is provided as part of a family day care service\n\nAn approved provider of a family day care service must ensure that education and care is not provided to children, as part of the service, from a place that is not a family day care residence or an approved family day care venue unless otherwise permitted by this Law.\n\n","sortOrder":168},{"sectionNumber":"104","sectionType":"section","heading":"Offence to advertise education and care service without service approval","content":"\t104 Offence to advertise education and care service without service approval\n\nSch. s. 104(1) amended by Nos 43/2022 s. 60, 53/2025 s. 21.\n\n(1) A person must not knowingly publish or cause to be published an advertisement for an education and care service unless it is an approved education and care service.\n\n(2) Subsection (1) does not apply if an application for a service approval in respect of the education and care service has been made under this Law but has not been decided.\n\nSch. Pt 4 (Headings and Sch. ss 105‒132) amended by No. 80/2011 s. 69,  \nrepealed by No. 9/2017 s. 28, new Sch. Pt 4 (Headings and new Sch. ss 105‒125) inserted by No. 33/2023 s. 8.\n\n","sortOrder":169},{"sectionNumber":"Part 4","sectionType":"part","heading":"Approval in principle for education and care service premises located in certain types of buildings","content":"Part 4—Approval in principle for education and care service premises located in certain types of buildings\n\nDivision 1—Application of this Part\n\nNew Sch. s. 105 inserted by No. 33/2023 s. 8.\n\n","sortOrder":170},{"sectionNumber":"105","sectionType":"section","heading":"Application of Part to certain participating jurisdictions only","content":"\t105 Application of Part to certain participating jurisdictions only\n\nThis Part applies to, and in relation to, a participating jurisdiction if a law of the participating jurisdiction, or an instrument made under that law, specifically declares that Part 4 of this Law applies.\n\nDivision 2—Application for approval in principle\n\nNew Sch. s. 106 inserted by No. 33/2023 s. 8.\n\n","sortOrder":171},{"sectionNumber":"106","sectionType":"section","heading":"Application for approval in principle","content":"\t106 Application for approval in principle\n\n(1) A person may apply to the Regulatory Authority for the approval in principle of proposed education and care service premises.\n\n(2) An application may be made if—\n\n(a) the premises are for an education and care service (other than a family day care service); and\n\n(b) the premises are proposed to be located in a new or existing Part 4 building; and\n\n(c) under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is required for the construction, alteration or repair of the proposed education and care service premises or the development of the land.\n\nNew Sch. s. 107 inserted by No. 33/2023 s. 8.\n\n","sortOrder":172},{"sectionNumber":"107","sectionType":"section","heading":"Form and timing of application","content":"\t107 Form and timing of application\n\n(1) An application for an approval in principle must—\n\n(a) be made to the Regulatory Authority of the Part 4 jurisdiction in which the building is to be located or is located; and\n\n(c) include any plan, drawing or specification as to the construction, alteration or repair of the proposed premises and building in which the premises are or will be located; and\n\n(d) include the prescribed information; and\n\n(e) include payment of the prescribed fee.\n\n(2) An application for an approval in principle must be made to the Regulatory Authority within the period declared by or under a law of the Part 4 jurisdiction to be the application period.\n\nNew Sch. s. 108 inserted by No. 33/2023 s. 8.\n\n","sortOrder":173},{"sectionNumber":"108","sectionType":"section","heading":"Regulatory Authority may seek further information","content":"\t108 Regulatory Authority may seek further information\n\n(1) The Regulatory Authority may ask an applicant for an approval in principle 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 110 for the Regulatory Authority to make a decision on the application.\n\nNew Sch. s. 109 inserted by No. 33/2023 s. 8.\n\n","sortOrder":174},{"sectionNumber":"109","sectionType":"section","heading":"Determination of application for an approval in principle","content":"\t109 Determination of application for an approval in principle\n\nIn determining an application for an approval in principle, the Regulatory Authority must have regard to—\n\n(a) the suitability of the proposed 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(b) whether the proposed education and care service premises would meet the approval in principle criteria once constructed, altered or repaired; and\n\n(c) whether the proposed education and care service premises will have direct egress to an assembly area to allow the safe evacuation of all children; and\n\n(d) any other matter the Regulatory Authority considers relevant; and\n\n(e) any other prescribed matters.\n\nNew Sch. s. 110 inserted by No. 33/2023 s. 8.\n\n","sortOrder":175},{"sectionNumber":"110","sectionType":"section","heading":"Grant or refusal of approval in principle","content":"\t110 Grant or refusal of approval in principle\n\n(1) On receiving an application under section 106, the Regulatory Authority may—\n\n(a) subject to section 111, grant an approval in principle; or\n\n(b) refuse to grant an approval in principle.\n\n(2) Subject to subsection (3), the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\n\nIf further information is requested under section 108(1), 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 (2) may be extended with the agreement of the applicant.\n\n(4) The Regulatory Authority is taken to have refused to grant an approval in principle 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\nNew Sch. s. 111 inserted by No. 33/2023 s. 8.\n\n","sortOrder":176},{"sectionNumber":"111","sectionType":"section","heading":"Regulatory Authority must refuse to grant approval in principle unless satisfied of certain matters","content":"\t111 Regulatory Authority must refuse to grant approval in principle unless satisfied of certain matters\n\nThe Regulatory Authority must refuse to grant an approval in principle unless satisfied that—\n\n(a) the proposed education and care service premises (once constructed, altered or repaired) and the site and location of those premises—\n\n(i) will be suitable for the operation of an education and care service; and\n\n(ii) will meet the approval in principle criteria; and\n\n(b) the proposed education and care service premises will have direct egress to an assembly area to allow the safe evacuation of all children.\n\nNew Sch. s. 112 inserted by No. 33/2023 s. 8.\n\n","sortOrder":177},{"sectionNumber":"112","sectionType":"section","heading":"Notice of decision on application for approval in principle","content":"\t112 Notice of decision on application for approval in principle\n\nThe Regulatory Authority must give written notice to the applicant of a decision under section 110 and the reasons for the decision within 7 days after the decision is made.\n\nNew Sch. s. 113 inserted by No. 33/2023 s. 8.\n\n","sortOrder":178},{"sectionNumber":"113","sectionType":"section","heading":"Copy of approval in principle to be provided","content":"\t113 Copy of approval in principle to be provided\n\n(1) If the Regulatory Authority grants an approval in principle, the Regulatory Authority must give a copy of the approval in principle to the applicant stating—\n\n(a) the name of the approval in principle holder; and\n\n(b) the site and location of the building or proposed building; and\n\n(c) the location of the proposed education and care service premises within the building or proposed building; and\n\n(d) the date on which the approval in principle was granted; and\n\n(e) the date on which the approval in principle expires; and\n\nAn approval in principle expires 3 years from the day it is granted. See section 123.\n\n(2) The copy of the approval in principle must—\n\n(a) attach a copy of any plan, drawing or specification that is the basis of the approval in principle of the premises; or\n\n(b) sufficiently describe any such plan, drawing or specification.\n\nDivision 3—Duties of approval in principle holder\n\nNew Sch. s. 114 inserted by No. 33/2023 s. 8.\n\n","sortOrder":179},{"sectionNumber":"114","sectionType":"section","heading":"Duty to notify Regulatory Authority of any material change","content":"\t114 Duty to notify Regulatory Authority of any material change\n\nThe approval in principle holder must notify the Regulatory Authority of any material change to—\n\n(a) any plan, drawing or specification attached to, or described in, the approval in principle in accordance with section 113(2); or\n\n(b) the environment surrounding the proposed education and care service premises that may affect the suitability of the premises for the operation of an education and care service.\n\nA neighbouring building is constructed which impacts adequate natural light in the indoor spaces of the proposed premises.\n\nDivision 4—Amendment and transfer of approval in principle\n\nNew Sch. s. 115 inserted by No. 33/2023 s. 8.\n\n","sortOrder":180},{"sectionNumber":"115","sectionType":"section","heading":"Amendment of approval in principle on application","content":"\t115 Amendment of approval in principle on application\n\n(1) The approval in principle holder may apply to the Regulatory Authority for an amendment of an approval in principle.\n\n(3) The Regulatory Authority may ask the applicant to provide 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 until 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 approval in principle in the way applied for; or\n\n(b) with the applicant's written agreement, amending the approval in principle in another way; or\n\n(c) refusing to amend the approval in principle.\n\n(7) An amendment cannot change the location of the proposed education and care service premises.\n\n(8) The Regulatory Authority must give written notice of its decision to the approval in principle holder within 7 days after the decision is made.\n\nNew Sch. s. 116 inserted by No. 33/2023 s. 8.\n\n","sortOrder":181},{"sectionNumber":"116","sectionType":"section","heading":"Amendment of approval in principle by Regulatory Authority","content":"\t116 Amendment of approval in principle by Regulatory Authority\n\n(1) The Regulatory Authority may amend an approval in principle at any time without an application.\n\n(2) The Regulatory Authority must give written notice of the amendment to the approval in principle holder and the reasons for the decision within 7 days after the decision is made.\n\n(3) An amendment under this section has effect—\n\n(a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (2); or\n\nNew Sch. s. 117 inserted by No. 33/2023 s. 8.\n\n","sortOrder":182},{"sectionNumber":"117","sectionType":"section","heading":"Copy of amended approval in principle to be provided","content":"\t117 Copy of amended approval in principle to be provided\n\nIf the Regulatory Authority amends an approval in principle under section 115 or 116, the Regulatory Authority must give an amended copy of the approval in principle to the approval in principle holder.\n\nNew Sch. s. 118 inserted by No. 33/2023 s. 8.\n\n","sortOrder":183},{"sectionNumber":"118","sectionType":"section","heading":"Transfer of approval in principle","content":"\t118 Transfer of approval in principle\n\n(1) The approval in principle holder (***transferring approval in principle holder***) may transfer the approval in principle to another person (***receiving approval in principle holder***).\n\n(2) A transfer takes effect on the day the Regulatory Authority receives a notice of transfer in accordance with subsection (3).\n\n(3) A notice of transfer must—\n\n(b) be signed by both the transferring approval in principle holder and the receiving approval in principle holder; and\n\n(4) As soon as practicable after receiving a notice of transfer, the Regulatory Authority must—\n\n(a) amend the approval in principle to specify the name of the receiving approval in principle holder; and\n\n(b) provide an amended copy of the approval in principle to the receiving approval in principle holder.\n\nNew Sch. s. 119 inserted by No. 33/2023 s. 8.\n\n","sortOrder":184},{"sectionNumber":"119","sectionType":"section","heading":"Transfer of approval in principle by Regulatory Authority","content":"\t119 Transfer of approval in principle by Regulatory Authority\n\n(1) The Regulatory Authority may transfer an approval in principle to another person if the Regulatory Authority becomes aware that the approval in principle holder has died or does not exist.\n\n(2) On transferring an approval in principle, the Regulatory Authority must—\n\n(a) amend the approval in principle to specify the name of the receiving approval in principle holder; and\n\n(b) provide an amended copy of the approval in principle to the receiving approval in principle holder.\n\nDivision 5—Cancellation of approval in principle\n\nNew Sch. s. 120 inserted by No. 33/2023 s. 8.\n\n","sortOrder":185},{"sectionNumber":"120","sectionType":"section","heading":"Regulatory Authority may cancel approval in principle","content":"\t120 Regulatory Authority may cancel approval in principle\n\nThe Regulatory Authority may cancel an approval in principle if the Regulatory Authority is satisfied—\n\n(a) that the proposed education and care service premises to which the approval relates, or the site or location of those premises, is no longer suitable for the operation of an education and care service; or\n\n(b) the proposed education and care service premises will not be constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\n\nNew Sch. s. 121 inserted by No. 33/2023 s. 8.\n\n","sortOrder":186},{"sectionNumber":"121","sectionType":"section","heading":"Show cause notice before cancellation","content":"\t121 Show cause notice before cancellation\n\nIf the Regulatory Authority is considering the cancellation of an approval in principle under section 120, the Regulatory Authority must first give the approval in principle holder a show cause notice stating—\n\n(a) that the Regulatory Authority intends to cancel the approval in principle; and\n\n(c) that within 30 days after the notice is given, the holder may give the Regulatory Authority a written response to the proposed cancellation.\n\nNew Sch. s. 122 inserted by No. 33/2023 s. 8.\n\n","sortOrder":187},{"sectionNumber":"122","sectionType":"section","heading":"Decision in relation to cancellation","content":"\t122 Decision in relation to cancellation\n\n(1) After considering any written response from the approval in principle holder received within the time allowed by section 121(c), the Regulatory Authority must—\n\n(a) cancel the approval in principle; or\n\n(b) decide not to cancel the approval in principle.\n\n(2) The Regulatory Authority must give the approval in principle holder written notice of the decision and the reasons for the decision within 7 days after the decision is made.\n\n(3) The decision to cancel the approval in principle takes effect—\n\n(a) 14 days after the Regulatory Authority gives notice of the decision; or\n\n(4) The notice of a decision to cancel must set out the date on which the cancellation takes effect.\n\nDivision 6—Expiry of approval in principle\n\nNew Sch. s. 123 inserted by No. 33/2023 s. 8.\n\n","sortOrder":188},{"sectionNumber":"123","sectionType":"section","heading":"Expiry of approval in principle","content":"\t123 Expiry of approval in principle\n\n(1) An approval in principle expires—\n\n(a) on the third anniversary of the day on which the approval in principle was granted; or\n\n(b) if the approval in principle is extended under section 124, on the day determined by the Regulatory Authority in accordance with that section.\n\n(2) Despite subsection (1), if an application for extension is made under section 124 before the expiry of the approval in principle, the approval in principle does not expire before the application for extension is determined by the Regulatory Authority.\n\n(3) Despite subsection (1), if an application for service approval is made before the expiry of the approval in principle, the approval in principle does not expire before the application for service approval is determined by the Regulatory Authority.\n\nNew Sch. s. 124 inserted by No. 33/2023 s. 8.\n\n","sortOrder":189},{"sectionNumber":"124","sectionType":"section","heading":"Approval in principle may be extended","content":"\t124 Approval in principle may be extended\n\n(1) Any time before an approval in principle expires, the Regulatory Authority may extend an approval in principle—\n\n(a) on the application of the approval in principle holder; or\n\n(b) without an application.\n\n(2) The Regulatory Authority may extend an approval in principle for a period no longer than 3 years after the date on which the approval in principle would otherwise expire under section 123(1)(a).\n\n(3) An application for extension must—\n\n(4) The Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\n\n(5) In determining an application for extension, the Regulatory Authority—\n\n(a) must consider whether, before the proposed new expiry date—\n\n(i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\n\n(ii) an application for a service approval is likely to be made; and\n\n(b) may consider whether—\n\n(i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\n\n(ii) the approval in principle has previously been extended; and\n\n(iii) the approval in principle has previously been reinstated.\n\n(6) After considering an application for extension, the Regulatory Authority must—\n\n(a) decide to extend the approval in principle; or\n\n(b) refuse to extend the approval in principle.\n\n(7) If the Regulatory Authority decides to extend an approval in principle, the Regulatory Authority must—\n\n(a) amend the approval in principle to specify the new date on which the approval in principle expires; and\n\n(b) provide an amended copy of the approval in principle to the approval in principle holder.\n\n(8) If the Regulatory Authority decides not to extend an approval in principle, the Regulatory Authority must give the approval in principle holder written notice of its decision and the reasons for the decision within 7 days after the decision is made.\n\nNew Sch. s. 125 inserted by No. 33/2023 s. 8.\n\n","sortOrder":190},{"sectionNumber":"125","sectionType":"section","heading":"Expired approval in principle may be reinstated","content":"\t125 Expired approval in principle may be reinstated\n\n(1) If an approval in principle expires, the former approval in principle holder may apply to the Regulatory Authority for reinstatement of the approval in principle.\n\n(2) An application for reinstatement must—\n\n(3) The application for reinstatement must be made no later than 6 months after the date on which the approval in principle expired.\n\n(4) The Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\n\n(5) In determining whether to reinstate an approval in principle, the Regulatory Authority—\n\n(a) must consider whether, within the period that the approval in principle is to be reinstated—\n\n(i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\n\n(ii) an application for a service approval is likely to be made; and\n\n(b) may consider whether—\n\n(i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\n\n(ii) the approval in principle has previously been extended; and\n\n(iii) the approval in principle has previously expired and been reinstated.\n\n(6) The Regulatory Authority must—\n\n(a) reinstate an approval in principle; or\n\n(b) refuse to reinstate an approval in principle.\n\n(7) A reinstated approval in principle expires 12 months after the day on which the decision to reinstate the approval in principle is made.\n\n(8) If the Regulatory Authority reinstates an approval in principle, the Regulatory Authority must give the approval in principle holder a copy of the reinstated approval in principle which specifies the date on which the reinstated approval in principle expires.\n\n(9) If the Regulatory Authority refuses to reinstate an approval in principle, the Regulatory Authority must give the applicant written notice of its decision and the reasons for the decision within 7 days after the decision is made.\n\nPart 5—Assessments and Ratings\n\nDivision 1—Assessment and rating\n\n\t133 Assessment for rating purposes\n\n(1) The Regulatory Authority that granted the service approval for an education and care service may at any time assess the service in accordance with the national regulations to determine whether and at what rating level the service meets the National Quality Standard and the requirements of the national regulations.\n\n(2) Until an approved education and care service is first assessed under this Part, it is taken to have the prescribed provisional rating.\n\n","sortOrder":191},{"sectionNumber":"134","sectionType":"section","heading":"Rating levels","content":"\t134 Rating levels\n\n(1) The rating levels for the purposes of this Law are the levels prescribed by the national regulations.\n\n(2) The highest rating level prescribed by the national regulations can only be given by the National Authority under this Part.\n\n","sortOrder":192},{"sectionNumber":"135","sectionType":"section","heading":"Rating of approved education and care service","content":"\t135 Rating of approved education and care service\n\n(1) After carrying out a rating assessment of an approved education and care service, the Regulatory Authority must determine the rating level (other than the highest rating level)—\n\n(a) for each quality area stated in the National Quality Standard; and\n\n(b) for the overall rating of the service.\n\n(2) In determining a rating level, the Regulatory Authority may have regard to—\n\n(a) any information obtained in the rating assessment; and\n\n(b) any information obtained in any monitoring or investigation of the service under this Law; and\n\n(c) the service's history of compliance with this Law as applying in any participating jurisdiction; and\n\n(d) any other prescribed information.\n\n","sortOrder":193},{"sectionNumber":"136","sectionType":"section","heading":"Notice to approved education and care service of rating","content":"\t136 Notice to approved education and care service of rating\n\n(1) The Regulatory Authority must give written notice to the approved provider of an approved education and care service of the outcome of the rating assessment and the rating levels for that service determined under section 135.\n\n(2) The notice under subsection (1) must be given within 60 days—\n\n(a) after the completion of the assessment by an authorised officer under Part 9 of the premises of the approved education and care service for the purpose of the rating assessment; or\n\n(b) if section 137 applies, after the end of the final period for review of the applicable decision or action referred to in section 137(1).\n\n(3) A rating level set out in the notice is to be a rating level for the education and care service for the purposes of this Law unless a review of the rating level is sought under Division 3 or 4.\n\n","sortOrder":194},{"sectionNumber":"137","sectionType":"section","heading":"Suspension of rating assessment","content":"\t137 Suspension of rating assessment\n\n(1) This section applies in respect of a rating assessment of an approved education and care service if the assessment has not been completed and—\n\n(a) the provider approval or the service approval for the service is suspended or cancelled; or\n\n(b) a compliance notice has been given to the approved provider in respect of the service; or\n\n(c) a notice has been given under section 179 in respect of the service; or\n\n(d) an action has been taken under section 189 in respect of a child or children being educated and cared for by the service.\n\n(2) The Regulatory Authority must give the approved provider a written notice stating that notice of the outcome of the rating assessment will be given under section 136 within 60 days after—\n\n(a) the end of the final period for review of the decision or action referred to in subsection (1); or\n\n(b) if that review is sought, the determination of the review.\n\nDivision 2—Reassessment and re-rating\n\n","sortOrder":195},{"sectionNumber":"138","sectionType":"section","heading":"Regulatory Authority may reassess and re-rate approved education and care service","content":"\t138 Regulatory Authority may reassess and re-rate approved education and care service\n\nThe Regulatory Authority may at any time reassess an approved education and care service or any aspect or element of an approved education and care service in accordance with the national regulations to determine whether and at what rating level it meets the National Quality Standard and the requirements of the national regulations for the purpose of rating that service.\n\n","sortOrder":196},{"sectionNumber":"139","sectionType":"section","heading":"Application for reassessment and re-rating by approved provider","content":"\t139 Application for reassessment and re-rating by approved provider\n\n(1) An approved provider may apply to the Regulatory Authority for a reassessment and re‑rating of an approved education and care service or any aspect or element of an approved education and care service which is rateable against the National Quality Standard or the national regulations.\n\n(3) An application under this section can only be made once in every 2 year period, unless the Regulatory Authority agrees otherwise.\n\n\t140 Application of Division 1\n\nDivision 1 applies (with any necessary changes) to a reassessment and re-rating of an approved education and care service or any aspect or element of an approved education and care service under this Division.\n\nDivision 3—Review by Regulatory Authority\n\n\t141 Review by Regulatory Authority\n\n(1) This section applies to an approved provider that is given a notice under section 136.\n\n(2) The approved provider may ask the Regulatory Authority that determined the rating levels to review the rating levels.\n\n(3) A request must be made within 14 days after the approved provider receives the notice.\n\n(4) A request must—\n\n(b) set out the grounds on which review is sought; and\n\n(c) be accompanied by the prescribed information; and\n\n","sortOrder":197},{"sectionNumber":"142","sectionType":"section","heading":"Process for review","content":"\t142 Process for review\n\n(1) The person who conducts a review of rating levels for an approved education and care service for the Regulatory Authority must not be a person who was involved in the assessment or rating of the service.\n\n(2) The person conducting the review may ask the approved provider and any person who was involved in the assessment or rating of the service for further information.\n\n(3) A review under this section must be conducted within 30 days after the application for review is received.\n\nSch. s. 142(4) substituted by No. 9/2017 s. 29.\n\n(4) The Regulatory Authority may extend the 30 day review period under subsection (3) in one of the following circumstances—\n\n(a) for an additional period of up to 30 days, if a request for further information is made under subsection (2);\n\n(b) for an additional period of up to 30 days, by agreement between the approved provider and the Regulatory Authority;\n\n(c) for an additional period of up to 60 days, where the Regulatory Authority considers there are special circumstances that warrant an extension of time to conduct the review.\n\n","sortOrder":198},{"sectionNumber":"143","sectionType":"section","heading":"Outcome of review by Regulatory Authority","content":"\t143 Outcome of review by Regulatory Authority\n\n(1) Following a review under section 142, the Regulatory Authority may—\n\n(a) confirm the specific rating levels or the overall rating or both; or\n\n(b) amend the specific rating levels or the overall rating or both.\n\n(2) The Regulatory Authority must give the approved provider written notice of the decision on the review within 30 days after the decision is made.\n\n(3) The notice must set out—\n\n(a) the rating levels and overall rating for the approved education and care service; and\n\n(b) the reasons for the decision.\n\n(4) Unless an application is made under Division 4 for a review of the rating levels, the rating levels set out in the notice are the rating levels for the approved education and care service for the purposes of this Law.\n\nDivision 4—Review by Ratings Review Panel\n\nSubdivision 1—Application for review\n\n\t144 Application for further review by Ratings Review Panel\n\n(1) This section applies if the Regulatory Authority has conducted a review of any rating levels of an approved education and care service under Division 3.\n\n(2) The approved provider may apply to the National Authority for a further review by a Ratings Review Panel of the rating levels confirmed or amended by the Regulatory Authority under Division 3.\n\n(3) An application may only be made on the ground that the Regulatory Authority—\n\n(a) did not appropriately apply the prescribed processes for determining a rating level; or\n\n(b) failed to take into account or give sufficient weight to special circumstances existing or facts existing at the time of the rating assessment.\n\n","sortOrder":199},{"sectionNumber":"145","sectionType":"section","heading":"Form and time of application","content":"\t145 Form and time of application\n\n(1) An application must be made under section 144 within 14 days after the decision of the Regulatory Authority is received under Division 3.\n\n(3) An application must not include information or evidence that was not given to the Regulatory Authority for the purpose of a determination under Division 1, 2 or 3.\n\n(4) The National Authority must—\n\n(a) within 7 days after receipt of the application, give written notice to the Regulatory Authority of an application under this Division to review a determination of the Regulatory Authority; and\n\n(b) invite the Regulatory Authority to make submissions to the review.\n\n","sortOrder":200},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Establishment of Ratings Review Panel","content":"Subdivision 2—Establishment of Ratings Review Panel\n\n","sortOrder":201},{"sectionNumber":"146","sectionType":"section","heading":"Establishment of Ratings Review Panel","content":"\t146 Establishment of Ratings Review Panel\n\n(1) The Board must establish a Ratings Review Panel for the purposes of conducting a review under this Division.\n\n(2) The Panel is to consist of up to 3 members appointed by the Board.\n\n(3) One of the members is to be appointed as chairperson.\n\n(4) The members are to be appointed from the Review Panel pool established under section 147.\n\n","sortOrder":202},{"sectionNumber":"147","sectionType":"section","heading":"Review Panel pool","content":"\t147 Review Panel pool\n\n(1) The Board must establish a pool of persons to act as members of a Ratings Review Panel.\n\n(2) The pool may consist of persons nominated by the Regulatory Authorities of each participating jurisdiction and the Commonwealth Minister.\n\n(3) Subject to subsection (4), the persons approved as members of the pool must have expertise or expert knowledge in one or more of the following areas—\n\n(a) early learning and development research or practice;\n\n(b) law;\n\n(c) a prescribed area.\n\n(4) A member of staff of the National Authority may be approved as a member of the pool.\n\n","sortOrder":203},{"sectionNumber":"148","sectionType":"section","heading":"Procedure of Panel","content":"\t148 Procedure of Panel\n\n(1) Subject to this Law, the procedure of a Ratings Review Panel is in its discretion.\n\n(2) The chairperson of a Panel must convene meetings of the Panel.\n\n(3) A Panel must keep minutes of its deliberations setting out—\n\n(a) the dates and duration of its deliberations; and\n\n(b) its decisions on the review.\n\n(4) The Panel must seek to make decisions by consensus.\n\n(5) In the absence of a consensus, a decision of the Panel is a decision of the majority of the members of the Panel.\n\n(6) If a majority decision is not reached, the Panel is taken to have confirmed the rating levels determined by the Regulatory Authority.\n\n","sortOrder":204},{"sectionNumber":"149","sectionType":"section","heading":"Transaction of business by alternative means","content":"\t149 Transaction of business by alternative means\n\n(1) A Ratings Review Panel may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Panel for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Panel.\n\n(2) The Panel may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n\n(3) Papers may be circulated among the members for the purposes of subsection (1) by facsimile, email or other transmission of the information in the papers concerned.\n\n","sortOrder":205},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Conduct of review","content":"Subdivision 3—Conduct of review\n\n","sortOrder":206},{"sectionNumber":"150","sectionType":"section","heading":"Conduct of review","content":"\t150 Conduct of review\n\n(1) In conducting a review, the Ratings Review Panel may consider—\n\n(a) any documents or other information or plans, photographs or video or other evidence available to the Regulatory Authority in carrying out the rating assessment; and\n\n(b) the approved provider's history of compliance with this Law as applying in any participating jurisdiction; and\n\n(c) the approved education and care service's history of compliance with this Law as applying in any participating jurisdiction; and\n\n(d) the application for review to the Regulatory Authority; and\n\n(e) any submissions made by the approved provider to the review by the Regulatory Authority; and\n\n(f) the written findings on the review by the Regulatory Authority; and\n\n(g) the application for review to the Ratings Review Panel; and\n\n(h) any written submissions or responses made to the Ratings Review Panel by the approved provider; and\n\n(i) any written submissions or responses made to the Ratings Review Panel by the Regulatory Authority relating to the stated grounds for review; and\n\n(j) any advice received from the National Authority, at the request of the Ratings Review Panel, about how the prescribed processes for rating assessments are intended to be applied that is relevant to the review.\n\n(2) The Ratings Review Panel is not required to hold an oral hearing for a review.\n\n(3) The Ratings Review Panel may ask the Regulatory Authority to provide in writing any information in relation to the assessment.\n\n(4) The Ratings Review Panel may ask the approved provider for further written information in relation to its application.\n\n(5) The Ratings Review Panel must ensure that the approved provider is provided with a copy of, and an opportunity to respond in writing to, any documents, information or evidence provided to the Panel by the Regulatory Authority.\n\n","sortOrder":207},{"sectionNumber":"151","sectionType":"section","heading":"Decision on review by Ratings Review Panel","content":"\t151 Decision on review by Ratings Review Panel\n\n(1) Following a review, the Ratings Review Panel may—\n\n(a) confirm the rating levels determined by the Regulatory Authority; or\n\n(b) amend the rating levels.\n\n(2) The Ratings Review Panel must make a decision on the review within 60 days after the application for review was made.\n\n(3) The chairperson of the Panel may extend the period for the making of a decision by a Ratings Review Panel if the chairperson considers there are special circumstances that warrant that extension.\n\n(4) The period for the making of a decision by a Ratings Review Panel may be extended by agreement between the chairperson of the Panel and the approved provider.\n\n(5) The Ratings Review Panel must give the approved provider, the Regulatory Authority and the National Authority written notice of the decision on the review within 14 days after the decision is made setting out its findings on each review ground.\n\n(6) A rating level confirmed or amended on a review under this Division by the Ratings Review Panel is the rating level for the approved education and care service for the purposes of this Law.\n\nDivision 5—Awarding of highest rating\n\n","sortOrder":208},{"sectionNumber":"152","sectionType":"section","heading":"Application for highest rating","content":"\t152 Application for highest rating\n\n(1) An approved provider may apply to the National Authority for an approved education and care service operated by that provider to be assessed for the highest rating level for the education and care service if the criteria determined by the National Authority are met.\n\n(2) The highest rating level is an overall rating of the education and care service.\n\n(3) An application must—\n\n(4) An application may be made only once every 3 years, unless the National Authority determines otherwise in a particular case.\n\nSch. s. 152(5) substituted by No. 9/2017 s. 30.\n\n(5) An application may be made for the highest rating level only if the approved education and care service holds the rating levels prescribed for the purposes of this section.\n\n","sortOrder":209},{"sectionNumber":"153","sectionType":"section","heading":"Assessment of education and care service","content":"\t153 Assessment of education and care service\n\n(1) The National Authority may determine and publish criteria that must be met by approved education and care services in respect of the award of the highest rating level.\n\n(2) The Board must assess the approved education and care service in accordance with the criteria published under subsection (1) to determine whether the service meets the highest rating level in meeting the National Quality Standard and the requirements of the national regulations.\n\n(3) The Board must ask for, and take into account, the advice of the Regulatory Authority in carrying out the assessment.\n\n(4) The advice of the Regulatory Authority may include—\n\n(a) previous rating assessments and ratings for the education and care service; and\n\n(b) information about the service's compliance history; and\n\n(c) any other relevant information.\n\n","sortOrder":210},{"sectionNumber":"154","sectionType":"section","heading":"Board may seek information and documents","content":"\t154 Board may seek information and documents\n\n(1) The Board for the purposes of the rating assessment may—\n\n(a) ask the approved provider of the approved education and care service for any information and documents; and\n\n(b) make any inquiries it considers appropriate.\n\n(2) If the Board asks the approved provider for further information and documents under subsection (1), the period from the making of the request until the provision of the further information and documents is not included in the period referred to in section 155(2) for the Board to make a decision on the application.\n\n","sortOrder":211},{"sectionNumber":"155","sectionType":"section","heading":"Decision on application","content":"\t155 Decision on application\n\n(1) After assessing the approved education and care service, the Board must—\n\n(a) if it is satisfied that it is appropriate to do so, give the approved education and care service the highest rating level; or\n\n(b) otherwise refuse to give that rating.\n\n(2) The Board must make its decision within 60 days after the application is received.\n\n(3) The period specified in subsection (2) may be extended by up to 30 days—\n\n(a) if a request for information and documents is made under section 154; or\n\n(b) by agreement between the approved provider and the Board.\n\n(4) If the Board gives the highest rating level to an approved education and care service, that rating becomes the rating level for that service.\n\nSch. s. 155(5) amended by No. 43/2022 s. 34.\n\n(5) The highest rating level awarded to an approved education and care service applies to that service for 5 years, unless sooner revoked.\n\n","sortOrder":212},{"sectionNumber":"156","sectionType":"section","heading":"Notice of decision","content":"\t156 Notice of decision\n\n(1) The Board must give written notice of its decision under section 155 in relation to an approved education and care service to—\n\n(a) the approved provider; and\n\n(b) the Regulatory Authority.\n\n(2) The notice must be given within 14 days of making the decision.\n\n","sortOrder":213},{"sectionNumber":"157","sectionType":"section","heading":"Reassessment of highest rating level","content":"\t157 Reassessment of highest rating level\n\nThe Board may at any time reassess an approved education and care service in accordance with section 153.\n\n","sortOrder":214},{"sectionNumber":"158","sectionType":"section","heading":"Revocation of highest rating level","content":"\t158 Revocation of highest rating level\n\nThe Board must revoke the highest rating level of an approved education and care service if—\n\n(a) it determines that the service no longer meets the criteria for the highest rating level; or\n\nSch. s. 158(b) substituted by No. 9/2017 s. 31.\n\n(b) the Regulatory Authority advises the Board that the service no longer meets the requirements for the rating levels prescribed for the purposes of section 152(5).\n\n","sortOrder":215},{"sectionNumber":"159","sectionType":"section","heading":"Re-application for highest rating level","content":"\t159 Re-application for highest rating level\n\n(1) An approved provider of an approved education and care service that has been awarded the highest rating level may reapply for the award of the highest rating level for the service.\n\n(2) The application must be made within 90 days before the expiry of the existing highest rating level for the approved education and care service.\n\nDivision 6—Publication of rating levels\n\n","sortOrder":216},{"sectionNumber":"160","sectionType":"section","heading":"Publication of ratings","content":"\t160 Publication of ratings\n\n(1) The National Authority must publish the rating levels for an approved education and care service in accordance with this section.\n\n(2) The National Authority must publish any rating levels determined under Division 1 or 2 at the end of the period for requesting a review of the rating levels under Division 3 if no request for review is received in that period.\n\n(3) If a review by the Regulatory Authority is requested under Division 3, the rating levels must be published at the end of the period for requesting a further review of the rating under Division 4 if no request for further review is received in that period.\n\n(4) If a further review is requested under Division 4, the rating levels must be published after the notification to the approved provider of the decision on the review.\n\n(5) The National Authority must publish notice of the giving of the highest rating level to an approved education and care service under Division 5, as soon as possible after the Regulatory Authority and the approved provider are notified of the decision of the Board under that Division.\n\nPart 6—Operating an Education and Care Service\n\nSch. s. 161 amended by Nos 9/2017 s. 32, 43/2022 s. 61, 53/2025 s. 22.\n\n","sortOrder":217},{"sectionNumber":"161","sectionType":"section","heading":"Offence to operate education and care service without nominated supervisor","content":"\t161 Offence to operate education and care service without nominated supervisor\n\nThe approved provider of an education and care service must not operate the service unless there is at least one nominated supervisor for that service.\n\nSch. s. 161A inserted by No. 9/2017 s. 33, amended by Nos 43/2022 s. 62, 53/2025 s. 23.\n\n","sortOrder":218},{"sectionNumber":"161A","sectionType":"section","heading":"Offence for nominated supervisor not to meet prescribed minimum requirements","content":"\t161A Offence for nominated supervisor not to meet prescribed minimum requirements\n\nThe approved provider of an education and care service must not nominate an individual to be a nominated supervisor of that service unless that individual meets the prescribed minimum requirements for nomination as a nominated supervisor.\n\n","sortOrder":219},{"sectionNumber":"162","sectionType":"section","heading":"Offence to operate education and care service unless responsible person is present","content":"\t162 Offence to operate education and care service unless responsible person is present\n\nSch. s. 162(1) amended by Nos 43/2022 s. 63, 53/2025 s. 24.\n\n(1) The approved provider of an education and care service must ensure that one of the following persons is present at all times that the service is educating and caring for children—\n\n(a) the approved provider, if the approved provider is an individual or, in any other case, a person with management or control of an education and care service operated by the approved provider;\n\nSch. s. 162(1)(b) substituted by No. 9/2017 s. 34.\n\nSch. s. 162(1)(c) substituted by No. 9/2017 s. 34.\n\n(c) a person in day-to-day charge of the service.\n\n(2) This section does not apply to an approved family day care service.\n\nSch. s. 162A inserted by No. 9/2017 s. 35, substituted by Nos 43/2022 s. 35, 53/2025 s. 78.\n\n","sortOrder":220},{"sectionNumber":"162A","sectionType":"section","heading":"Child protection training","content":"\t162A Child protection training\n\nAn approved provider of an education and care service must ensure that each of the following persons completes prescribed child protection training within the prescribed period—\n\n(a) a nominated supervisor of the service;\n\n(b) a person in day-to-day charge of the service;\n\n(c) a staff member of the service;\n\n(d) a volunteer at the service.\n\nSch. s. 162B inserted by No. 53/2025 s. 78.\n\n","sortOrder":221},{"sectionNumber":"162B","sectionType":"section","heading":"Child safety training","content":"\t162B Child safety training\n\nAn approved provider of an education and care service must ensure that each of the following persons completes prescribed child safety training within the prescribed period—\n\n(a) a person with management and control of the service;\n\n(c) a person in day-to-day charge of the service;\n\n(d) a staff member of the service;\n\n(e) a volunteer at the service.\n\n","sortOrder":222},{"sectionNumber":"163","sectionType":"section","heading":"Offence relating to appointment or engagement of family day care co-ordinators","content":"\t163 Offence relating to appointment or engagement of family day care co-ordinators\n\nSch. s. 163(1) amended by Nos 9/2017 s. 36, 43/2022 s. 64, 53/2025 s. 25.\n\n(1) The approved provider of a family day care service must ensure that at all times the prescribed minimum number of qualified persons are employed or engaged as family day care co‑ordinators of the family day care service—\n\n(a) to assist with the operation of the family day care service; and\n\n(b) to support, monitor and train the family day care educators of that service.\n\n(2) A person is a qualified person under this section if the person has the qualifications prescribed by the national regulations.\n\n","sortOrder":223},{"sectionNumber":"164","sectionType":"section","heading":"Offence relating to assistance to family day care educators","content":"\t164 Offence relating to assistance to family day care educators\n\nSch. s. 164(1) amended by Nos 43/2022 s. 65, 53/2025 s. 26.\n\n(1) The approved provider of a family day care service must ensure that, at all times that a family day care educator is educating and caring for a child as part of the service, one of the following persons is available to provide support to the family day care educator—\n\n(a) the approved provider, if the approved provider is an individual, or a person with management or control of the family day care service, in any other case;\n\nSch. s. 164(1)(b) substituted by No. 9/2017 s. 37.\n\nSch. s. 164(1)(c) substituted by No. 9/2017 s. 37.\n\n(c) a person in day-to-day charge of the service.\n\n(2) For the purposes of this section, the requirement to be available to provide support to a family day care educator includes being available to be contacted by telephone to provide advice and assistance to the family day care educator.\n\nSch. s. 164A inserted by No. 9/2017 s. 38.\n\n","sortOrder":224},{"sectionNumber":"164A","sectionType":"section","heading":"Offence relating to the education and care of children by family day care service","content":"\t164A Offence relating to the education and care of children by family day care service\n\nSch. s. 164A(1) amended by Nos 43/2022 s. 66(1), 53/2025 s. 27(1).\n\n(1) The approved provider of a family day care service must ensure that any child being educated and cared for as part of the service is not educated and cared for by  a person other than a family day care educator, except in the circumstances prescribed by the national regulations.\n\nSch. s. 164A(2) amended by Nos 43/2022 s. 66(2), 53/2025 s. 27(2).\n\n(2) A family day care educator must ensure that any child being educated and cared for by the educator as part of a family day care service is not educated or cared for by any other person at the family day care residence or approved family day care venue, except in the circumstances prescribed by the national regulations.\n\n","sortOrder":225},{"sectionNumber":"165","sectionType":"section","heading":"Offence to inadequately supervise children","content":"\t165 Offence to inadequately supervise children\n\nSch. s. 165(1) amended by Nos 43/2022 s. 67(1), 53/2025 s. 28(1).\n\n(1) The approved provider of an education and care service must ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service.\n\nSch. s. 165(2) amended by Nos 9/2017 s. 39(1), 43/2022 s. 67(2), 53/2025 s. 28(2).\n\n(2) A nominated supervisor of an education and care service must ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service.\n\nSch. s. 165(3) amended by Nos 43/2022 s. 67(3), 53/2025 s. 28(3).\n\n(3) A family day care educator must ensure that any child being educated and cared for by the educator as a part of a family day care service is adequately supervised.\n\n","sortOrder":226},{"sectionNumber":"166","sectionType":"section","heading":"Offence to use inappropriate discipline","content":"\t166 Offence to use inappropriate discipline\n\nSch. s. 166(1) amended by Nos 43/2022 s. 68(1), 53/2025 s. 29(1).\n\n(1) The approved provider of an education and care service must ensure that no child being educated and cared for by the service is subjected to—\n\nSch. s. 166(2) amended by Nos 9/2017 s. 39(1), 43/2022 s. 68(2), 53/2025 s. 29(2).\n\n(2) A nominated supervisor of an education and care service must ensure that no child being educated and cared for by the service is subjected to—\n\nSch. s. 166(3) amended by Nos 43/2022 s. 68(3), 53/2025 s. 29(3).\n\n(3) A staff member of, or a volunteer at, an education and care service must not subject any child being educated and cared for by the service to—\n\nSch. s. 166(4) amended by Nos 43/2022 s. 68(4), 53/2025 s. 29(4).\n\n(4) A family day care educator must not subject any child being educated and cared for by the educator as part of a family day care service to—\n\nSch. s. 166A inserted by No. 53/2025 s. 79.\n\n","sortOrder":227},{"sectionNumber":"166A","sectionType":"section","heading":"Offences relating to inappropriate conduct","content":"\t166A Offences relating to inappropriate conduct\n\n(1) An approved provider of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service.\n\n$172 000, in any other case.\n\n(2) A nominated supervisor of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service.\n\n(3) An approved provider of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\n\n(4) A nominated supervisor of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\n\n(5) A staff member of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\n\n(6) A volunteer at an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\n\n(7) For the purposes of subsections (1) to (6), whether or not a reasonable person would consider the conduct to be inappropriate in an education and care service depends on the circumstances.\n\n(8) For the purposes of subsection (7)—\n\n(a) the circumstances may include any of the following—\n\n(i) whether the conduct is generally accepted practice in the provision of education and care;\n\n(ii) whether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service;\n\n(iii) the child's age and stage of development;\n\n(iv) whether the conduct is sexual, aggressive or violent; and\n\n(b) it is immaterial whether—\n\n(i) the child has consented to being subjected to the conduct; or\n\n(ii) the person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or\n\n(iii) the person subjecting the child to the conduct is related to the child.\n\n(9) For the purposes of this section, filming, recording, taking or otherwise capturing an image of a child is subjecting a child to conduct.\n\n(10) For the purposes of this section, the conduct may be constituted by conduct—\n\n(a) engaged in on a single occasion; or\n\n(b) engaged in on a number of occasions over a period of time; or\n\n(c) that is part of an ongoing pattern.\n\n(11) In this section—\n\n***conduct*** means—\n\n(a) an act; or\n\n(b) an omission to perform an act.\n\n","sortOrder":228},{"sectionNumber":"167","sectionType":"section","heading":"Offence relating to protection of children from harm and hazards","content":"\t167 Offence relating to protection of children from harm and hazards\n\nSch. s. 167(1) amended by Nos 43/2022 s. 69(1), 53/2025 s. 30(1).\n\n(1) The approved provider of an education and care service must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.\n\nSch. s. 167(2) amended by Nos 43/2022 s. 69(2), 53/2025 s. 30(2).\n\n(2) A nominated supervisor of an education and care service must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.\n\nSch. s. 167(3) amended by Nos 43/2022 s. 69(3), 53/2025 s. 30(3).\n\n(3) A family day care educator must ensure that every reasonable precaution is taken to protect a child being educated and cared for as part of a family day care service from harm and from any hazard likely to cause injury.\n\n","sortOrder":229},{"sectionNumber":"168","sectionType":"section","heading":"Offence relating to required programs","content":"\t168 Offence relating to required programs\n\nSch. s. 168(1) amended by Nos 43/2022 s. 70(1), 53/2025 s. 31(1).\n\n(1) The approved provider of an education and care service must ensure that a program is delivered to all children being educated and cared for by the service that—\n\n(a) is based on an approved learning framework; and\n\n(b) is delivered in a manner that accords with the approved learning framework; and\n\n(c) is based on the developmental needs, interests and experiences of each child; and\n\n(d) is designed to take into account the individual differences of each child.\n\nSch. s. 168(2) amended by Nos 43/2022 s. 70(2), 53/2025 s. 31(2).\n\n(2) A nominated supervisor of an education and care service must ensure that a program is delivered to all children being educated and cared for by the service that—\n\n(a) is based on an approved learning framework; and\n\n(b) is delivered in a manner that accords with the approved learning framework; and\n\n(c) is based on the developmental needs, interests and experiences of each child; and\n\n(d) is designed to take into account the individual differences of each child.\n\nPenalty: $13 500.\n\n","sortOrder":230},{"sectionNumber":"169","sectionType":"section","heading":"Offence relating to staffing arrangements","content":"\t169 Offence relating to staffing arrangements\n\nSch. s. 169(1) amended by Nos 43/2022 s. 71(1), 53/2025 s. 32(1).\n\n(1) An approved provider of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose.\n\nSch. s. 169(2) amended by Nos 43/2022 s. 71(2), 53/2025 s. 32(2).\n\n(2) An approved provider of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator's role as prescribed by the national regulations.\n\nSch. s. 169(3) amended by Nos 43/2022 s. 71(3), 53/2025 s. 32(3).\n\n(3) A nominated supervisor of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose.\n\nSch. s. 169(4) amended by Nos 43/2022 s. 71(4), 53/2025 s. 32(4).\n\n(4) A nominated supervisor of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator's role as prescribed by the national regulations.\n\nSch. s. 169(5) amended by Nos 43/2022 s. 71(5), 53/2025 s. 32(5).\n\n(5) A family day care educator must ensure that the number of children being educated and cared for by the family day care educator at any one time is no more than the number prescribed for this purpose.\n\n(6) Subsections (1), (2), (3), (4) and (5) do not apply in respect of an education and care service—\n\n(a) to the extent that it holds a temporary waiver under Division 6 of Part 3 in respect of this requirement; or\n\n(b) to the extent that it holds a service waiver under Division 5 of Part 3 in respect of this requirement*.*\n\n(7) The National Authority may, on application, determine qualifications, including foreign qualifications, to be equivalent to the qualifications required by the national regulations.\n\n(8) If a determination is made under subsection (7), any person holding the qualification is to be taken to be qualified in accordance with the national regulations.\n\n","sortOrder":231},{"sectionNumber":"170","sectionType":"section","heading":"Offence relating to unauthorised persons on education and care service premises","content":"\t170 Offence relating to unauthorised persons on education and care service premises\n\n(1) This section applies to an education and care service operating in a participating jurisdiction that has a working with children law.\n\nSch. s. 170(2) substituted by No. 9/2017 s. 40(1), amended by Nos 43/2022 s. 72(1), 53/2025 s. 33(1).\n\n(2) The approved provider of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless—\n\n(b) the person is under the direct supervision of an educator or other staff member of the service.\n\nPenalty: $3300, in the case of an individual.\n\n17 100, in any other case.\n\nSch. s. 170(3) substituted by No. 9/2017 s. 40(1), amended by Nos 43/2022 s. 72(2), 53/2025 s. 33(2).\n\n(3) A nominated supervisor of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless—\n\n(b) the person is under the direct supervision of an educator or other staff member of the service.\n\nSch. s. 170(4) substituted by No. 9/2017 s. 40(1), amended by Nos 43/2022 s. 72(3), 53/2025 s. 33(3).\n\n(4) A family day care educator must ensure that a person does not remain at the family day care residence or approved family day care venue at which the educator is educating and caring for children, unless—\n\n(b) the person is under the direct supervision of the educator.\n\n(5) In this section—\n\n***authorised nominee***, in relation to a child, means a person who has been given permission by a parent or family member of the child to collect the child from the education and care service or the family day care educator;\n\nSch. s. 170(5) def. of *unauthorised person* amended as *authorised person* by No. 9/2017 s. 40(2).\n\n***authorised person*** means a person who is—\n\n(a) a person who holds a current working with children check or working with children card; or\n\n(b) a parent or family member of a child who is being educated and cared for by the education and care service or the family day care educator; or\n\n(c) an authorised nominee of a parent or family member of a child who is being educated and cared for by the education and care service or the family day care educator; or\n\n(d) in the case of an emergency, medical personnel or emergency service personnel; or\n\n(e) a person who is permitted under the working with children law of this jurisdiction to remain at the education and care service premises without holding a working with children check or a working with children card.\n\n(6) A reference in subsection (5) to a parent or family member of a child does not include a person—\n\n(a) whose access to the child is prohibited or restricted by an order of a court or tribunal of which the approved provider, nominated supervisor or family day care educator (as the case requires) is aware; or\n\n(b) who is an inappropriate person within the meaning of section 171.\n\n","sortOrder":232},{"sectionNumber":"171","sectionType":"section","heading":"Offence relating to direction to exclude inappropriate persons from education and care service premises","content":"\t171 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\nSch. s. 171(2) amended by Nos 43/2022 s. 73, 53/2025 s. 34.\n\n(2) A person to whom a direction is given under subsection (1)  must comply with the direction.\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\nA person who is under the influence of drugs or alcohol.\n\nSch. s. 172 amended by No. 43/2022 ss 36(1)(2) (ILA s. 39B(3)), 74.\n\n","sortOrder":233},{"sectionNumber":"172","sectionType":"section","heading":"Offence to fail to display prescribed information","content":"\t172 Offence to fail to display prescribed information\n\nSch. s. 172(1) amended by No. 53/2025 s. 35(1).\n\n(1) An approved provider  of an education and care service (other than a family day care service) must ensure that the prescribed information about the following is displayed, in the prescribed form (if any), so that it is clearly visible to anyone from the main entrance to the education and care service premises*—*\n\n(a) the provider approval;\n\n(b) the service approval;\n\nSch. s. 172(1)(c) substituted by No. 9/2017 s. 41.\n\n(c) each nominated supervisor of the service;\n\n(d) the rating of the service;\n\n(e) any service waivers or temporary waivers held by the service;\n\nSch. s. 172(2) inserted by No. 43/2022 s. 36(2), amended by No. 53/2025 s. 35(2).\n\n(2) An approved provider of a family day care service must ensure that the prescribed information about the following is displayed at the education and care service premises of the family day care service in accordance with the national regulations—\n\n(a) the provider approval;\n\n(b) the service approval;\n\n(c) each nominated supervisor of the service;\n\n(d) the rating of the service;\n\n(e) any service waivers or temporary waivers held by the service;\n\n","sortOrder":234},{"sectionNumber":"173","sectionType":"section","heading":"Offence to fail to notify certain circumstances to Regulatory Authority","content":"\t173 Offence to fail to notify certain circumstances to Regulatory Authority\n\nSch. s. 173(1) amended by Nos 43/2022 s. 75(1), 53/2025 s. 36(1).\n\n(1) An approved provider must notify the Regulatory Authority of the following in relation to the approved provider or each approved education and care service operated by the approved provider—\n\n(a) a change in the name of the approved provider;\n\n(b) any appointment or removal of a person with management or control of an education and care service operated by the approved provider;\n\n(c) a failure to commence operating an education and care service within 6 months (or within the time agreed with the Regulatory Authority) after being granted a service approval for the service.\n\nSch. s. 173(1A) inserted by No. 53/2025 s. 80(1).\n\n(1A) An approved provider that is a body corporate must notify the Regulatory Authority if 50 per cent or more of the approved provider's ownership or voting rights is acquired.\n\nSch. s. 173(2) amended by Nos 43/2022 s. 75(2), 53/2025 s. 36(2).\n\n(2) An approved provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the approved provider—\n\nSch. s. 173(2)(a) amended by No. 9/2017 s. 42(1)(a).\n\n(a) if the approved provider is notified of the suspension or cancellation of a working with children card or teacher registration of, or disciplinary proceedings under an education law of a participating jurisdiction in respect of, a nominated supervisor engaged by the service;\n\nSch. s. 173(2)(b) substituted by No. 9/2017 s. 42(1)(b).\n\n(b) if a nominated supervisor of an approved education and care service—\n\n(i) ceases to be employed or engaged by the service; or\n\n(ii) is removed from the role of nominated supervisor; or\n\n(iii) withdraws consent to the nomination;\n\n(c) any proposed change to the education and care service premises of an approved education and care service (other than a family day care residence);\n\nSch. s. 173(2)(d) amended by No. 9/2017 s. 42(1)(c).\n\n(d) if the approved provider ceases to operate the education and care service;\n\n(e) in the case of an approved family day care service, a change in the location of the principal office of the service;\n\n(f) an intention to transfer a service approval, as required under section 59.\n\nSch. s. 173(3) substituted by No. 9/2017 s. 42(2), amended by No. 53/2025 s. 80(2).\n\n(3) A notice under subsection (1), (1A) or (2) must—\n\n(b) include any prescribed information.\n\nSch. s. 173(4) substituted by No. 9/2017 s. 42(2).\n\n(4) A notice under subsection (1) must be provided within the relevant prescribed time to the Regulatory Authority that granted the provider approval to which the notice relates.\n\nSch. s. 173(4A) inserted by No. 53/2025 s. 80(3).\n\n(4A) A notice under subsection (1A) must be provided to the Regulatory Authority that granted the approved provider's provider approval within 7 days after the date on which 50 per cent or more of the approved provider's ownership or voting rights is acquired.\n\nSch. s. 173(5) inserted by No. 9/2017 s. 42(2).\n\n(5) A notice under subsection (2) must be provided within the relevant prescribed time to the Regulatory Authority that granted the service approval for the education and care service to which the notice relates.\n\n","sortOrder":235},{"sectionNumber":"174","sectionType":"section","heading":"Offence to fail to notify certain information to Regulatory Authority","content":"\t174 Offence to fail to notify certain information to Regulatory Authority\n\nSch. s. 174(1) amended by Nos 43/2022 s. 76(1), 53/2025 s. 37(1).\n\n(1) An approved provider must notify the Regulatory Authority of the following information in relation to the approved provider or each approved education and care service operated by the approved provider—\n\n(a) any change relevant to whether the approved provider is a fit and proper person to be involved in the provision of an education and care service;\n\n(b) information in respect of any other prescribed matters.\n\nSch. s. 174(2) amended by Nos 43/2022 s. 76(2), 53/2025 s. 37(2).\n\n(2) An approved provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the approved provider—\n\n(a) any serious incident at the approved education and care service;\n\nSch. s. 174(2)(b) substituted by No. 9/2017 s. 43(1).\n\n(b) any complaints alleging—\n\n(i) that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the approved education and care service; or\n\n(ii) that this Law has been contravened;\n\n(c) information in respect of any other prescribed matters.\n\n(3) A notice under subsection (1) must be in writing and be provided within the relevant prescribed time to the Regulatory Authority that granted the provider approval.\n\n(4) A notice under subsection (2) must be in writing and be provided within the relevant prescribed time to—\n\n(a) the Regulatory Authority that granted the service approval for the education and care service to which the notice relates; and\n\n(b) in the case of a family day care service, the Regulatory Authority in each participating jurisdiction in which the family day care service operates.\n\nSch. s. 174(5) repealed by No. 9/2017 s. 43(2).\n\nSch. s. 174A inserted by No. 9/2017 s. 44, amended by Nos 43/2022 s. 77, 53/2025 s. 38.\n\n","sortOrder":236},{"sectionNumber":"174A","sectionType":"section","heading":"Family day care educator to notify certain information to approved provider","content":"\t174A Family day care educator to notify certain information to approved provider\n\nA family day care educator who educates and cares for children as part of a family day care service must notify the approved provider of the service of the following information—\n\n(a) any serious incident that occurs while a child is being educated and cared for by the educator as part of the service;\n\n(b) any complaints alleging—\n\n(i) that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the educator; or\n\n(ii) that this Law has been contravened;\n\n(c) information in respect of any other prescribed matters.\n\n","sortOrder":237},{"sectionNumber":"175","sectionType":"section","heading":"Offence relating to requirement to keep enrolment and other documents","content":"\t175 Offence relating to requirement to keep enrolment and other documents\n\nSch. s. 175(1) amended by Nos 43/2022 s. 78(1), 53/2025 s. 39(1).\n\n(1) An approved provider of an education and care service must keep the prescribed documents available for inspection by an authorised officer in accordance with this section.\n\n(2) Documents referred to in subsection (1)—\n\n(a) must, to the extent practicable, be kept at the education and care service premises if they relate to—\n\n(i) the operation of the service; or\n\n(ii) any staff member employed or engaged by the service; or\n\n(iii) any child cared for, or educated at, those premises—\n\nin the previous 12 months; and\n\n(b) in any other case, must be kept at a place, and in a manner, that they are readily accessible by an authorised officer.\n\nSch. s. 175(3) amended by Nos 43/2022 s. 78(2), 53/2025 s. 39(2).\n\n(3) A family day care educator who educates and cares for a child at a residence or approved family day care venue, as part of a family day care service, must keep the prescribed documents available for inspection by an authorised officer at that residence or venue.\n\nPenalty: $13 500.\n\nSch. Pt 6A (Headings and Sch. ss 175A–175J) inserted by No. 53/2025 s. 81.\n\n","sortOrder":238},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Devices in Education and Care Services","content":"Part 6A—Devices in Education and Care Services\n\nDivision 1—Interpretation\n\nSch. s. 175A inserted by No. 53/2025 s. 81.\n\n","sortOrder":239},{"sectionNumber":"175A","sectionType":"section","heading":"Definitions","content":"\t175A Definitions\n\n***capture***, in relation to an image of a child, includes to film, record or take an image of the child;\n\n***personal device*** means a device that is—\n\n(a) owned or controlled by a person; and\n\n(b) capable of—\n\n(i) capturing an image; or\n\n(ii) storing or transmitting an image—\n\nbut does not include a service-supplied device, a service-authorised device or a class of device that is prescribed not to be a personal device;\n\n**Examples**\n\nA phone, tablet computer, camera or smartwatch is a personal device that is capable of capturing an image. A USB drive, memory card or hard drive is a personal device that is capable of storing or transmitting an image.\n\n***service-authorised device*** means a device authorised under section 175C(1);\n\n***service-supplied device*** means a device supplied under section 175B(1).\n\nDivision 2—Service-supplied devices and service-authorised devices\n\nSch. s. 175B inserted by No. 53/2025 s. 81.\n\n","sortOrder":240},{"sectionNumber":"175B","sectionType":"section","heading":"Approved provider may supply device for use in education and care service","content":"\t175B Approved provider may supply device for use in education and care service\n\n(1) An approved provider of an education and care service may supply a device that is to be used by a person employed, engaged or appointed at the service exclusively for the purposes of providing education and care to children as part of that service.\n\n(2) In supplying a device under subsection (1), an approved provider must ensure that the device is configured to operate in accordance with any  policies or procedures of the education and care service that relate to child safety or the security of devices.\n\nSch. s. 175C inserted by No. 53/2025 s. 81.\n\n","sortOrder":241},{"sectionNumber":"175C","sectionType":"section","heading":"Approved provider may authorise device for use in family day care services","content":"\t175C Approved provider may authorise device for use in family day care services\n\n(1) An approved provider of a family day care service may authorise a device that is to be used by a person employed, engaged or appointed at the service exclusively for the purposes of providing education and care to children as part of that service.\n\n(2) In authorising a device under subsection (1), an approved provider must ensure that the device is configured to operate in accordance with any  policies or procedures of the family day care service that relate to child safety or the security of devices.\n\nSch. s. 175D inserted by No. 53/2025 s. 81.\n\n","sortOrder":242},{"sectionNumber":"175D","sectionType":"section","heading":"Requirement to use service-supplied device in education and care service (other than family day care service)","content":"\t175D Requirement to use service-supplied device in education and care service (other than family day care service)\n\n(1) An approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless  the person uses a service-supplied device to do so.\n\n(3) A nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless  the person uses a service-supplied device to do so.\n\n(4) The following persons are specified—\n\nSch. s. 175E inserted by No. 53/2025 s. 81.\n\n","sortOrder":243},{"sectionNumber":"175E","sectionType":"section","heading":"Requirement to use service-authorised device or service-supplied device in family day care service","content":"\t175E Requirement to use service-authorised device or service-supplied device in family day care service\n\n(1) An approved provider of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-authorised device or a service-supplied device to do so.\n\n(3) A nominated supervisor of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-authorised device or a service-supplied device to do so.\n\n(4) The following persons are specified—\n\nSch. s. 175F inserted by No. 53/2025 s. 81.\n\n","sortOrder":244},{"sectionNumber":"175F","sectionType":"section","heading":"Offences relating to capturing, storing or transmitting images of children","content":"\t175F Offences relating to capturing, storing or transmitting images of children\n\n(1) An approved provider of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the approved provider captures, stores or transmits the image of the child on a  \nservice-supplied device for the purposes of, or in connection with, the provision of education and care services.\n\n(2) An approved provider of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the approved provider captures, stores or transmits the image of the child on a service‑supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services.\n\n(3) A nominated supervisor of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the nominated supervisor captures, stores or transmits the image of the child on a service‑supplied device for the purposes of, or in connection with, the provision of education and care services.\n\n(4) A nominated supervisor of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the nominated supervisor captures, stores or transmits the image of the child on a  \nservice-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services.\n\n(5) A staff member of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services.\n\n(6) A staff member of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services.\n\n(7) A volunteer at an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services.\n\n(8) A volunteer at a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service-supplied device or service‑authorised device for the purposes of, or in connection with, the provision of education and care services.\n\n(9) This section does not apply in relation to an image of a child that is captured, stored or transmitted at an education and care service premises by an optical surveillance device within the meaning of the Surveillance Devices Act 2004 of the Commonwealth that is installed at the service premises and authorised by the approved provider for security purposes.\n\nDivision 3—Personal devices\n\nSch. s. 175G inserted by No. 53/2025 s. 81.\n\n","sortOrder":245},{"sectionNumber":"175G","sectionType":"section","heading":"Meaning of *working directly with children*","content":"\t175G Meaning of *working directly with children*\n\n(1) For the purposes of this Division, a person is ***working directly with children*** at a given time if the person is—\n\n(a) physically present with a child or children at that time; and\n\n(b) employed, engaged or appointed to provide education and care to the child or children at that time.\n\n(2) For the purposes of this Division, a person is not working directly with children at a given time if the person is taking a short break from providing education or care to children in accordance with the person's employment, engagement or appointment.\n\nSch. s. 175H inserted by No. 53/2025 s. 81.\n\n","sortOrder":246},{"sectionNumber":"175H","sectionType":"section","heading":"Offences relating to possession or control of personal devices—approved providers and nominated supervisors","content":"\t175H Offences relating to possession or control of personal devices—approved providers and nominated supervisors\n\n(1) An approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is working directly with  children  as part of the service, the person does not have a personal device in the person's possession or under the person's control.\n\n(3) Subsection (1) does not apply to an approved provider if—\n\n(a) the nominated supervisor, staff member or volunteer has the personal device in the person's possession or under the person's control—\n\n(ii) during an excursion with children being educated or cared for by the service, and  the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(iii) while the children are being transported by the service or on transportation arranged by the service, and  the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\n(i) providing support or assistance with the disability or health needs of the nominated supervisor, staff member or volunteer; or\n\n(ii) the nominated supervisor, staff member or volunteer communicating with a family member; or\n\n(c) any prescribed circumstances apply in relation to the possession or control of the personal device.\n\n(4) A nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (5) is working directly with  children  as part of the service, the person does not have a personal device in the person's possession or under the person's control.\n\n(5) The following persons are specified—\n\n(6) Subsection (4) does not apply to a nominated supervisor if—\n\n(a) the staff member or volunteer has the personal device in the person's possession or under the person's control—\n\n(ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\n(i) providing support or assistance with the disability or health needs of the staff member or volunteer; or\n\n(ii) the staff member or volunteer communicating with a family member; or\n\n(c) any prescribed circumstances apply in relation to the possession or control of the personal device.\n\nSch. s. 175I inserted by No. 53/2025 s. 81.\n\n","sortOrder":247},{"sectionNumber":"175I","sectionType":"section","heading":"Offences relating to possession or control of personal devices—persons working directly with children","content":"\t175I Offences relating to possession or control of personal devices—persons working directly with children\n\n(1) A nominated supervisor of an education and care service (other than a family day care service) must not have a personal device in the nominated supervisor's possession or under the nominated supervisor's control while the nominated supervisor is working directly with children as part of the service.\n\n(2) Subsection (1) does not apply to a nominated supervisor if—\n\n(a) the nominated supervisor has the personal device in the nominated supervisor's possession or under the nominated supervisor's control—\n\n(ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\n(i) providing support or assistance with the nominated supervisor's disability or health needs; or\n\n(ii) the nominated supervisor communicating with a family member; or\n\n(c) any prescribed circumstances apply in relation to the nominated supervisor's possession or control of the personal device.\n\n(3) A staff member of an education and care service (other than a family day care service) must not have a personal device in the staff member's possession or under the staff member's control while the staff member is working directly with children as part of the service.\n\n(4) Subsection (3) does not apply to a staff member if—\n\n(a) the staff member has the personal device in the staff member's possession or under the staff member's control—\n\n(ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\n(i) providing support or assistance with the staff member's disability or health needs; or\n\n(ii) the staff member communicating with a family member; or\n\n(c) any prescribed circumstances apply in relation to the staff member's possession or control of the personal device.\n\n(5) A volunteer at an education and care service (other than a family day care service) must not have a personal device in the volunteer's possession or under the volunteer's control while the volunteer is working directly with children as part of the service.\n\n(6) Subsection (5) does not apply to a volunteer if—\n\n(a) the volunteer has the personal device in the person's possession or under the person's control—\n\n(ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n\n(b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\n(i) providing support or assistance with the volunteer's disability or health needs; or\n\n(ii) the volunteer communicating with a family member; or\n\n(c) any prescribed circumstances apply in relation to the volunteer's possession or control of the personal device.\n\nSch. s. 175J inserted by No. 53/2025 s. 81.\n\n","sortOrder":248},{"sectionNumber":"175J","sectionType":"section","heading":"Authorisation to have possession or control of personal device while working directly with children","content":"\t175J Authorisation to have possession or control of personal device while working directly with children\n\n(1) An approved provider of an education and care service (other than a family day care service) may authorise a person to have a personal device in the person's possession or under the person's control while the person is working directly with children as part of the service if the approved provider is reasonably satisfied that the possession or control is necessary for the purposes of—\n\n(a) providing support or assistance with the person's disability or health needs; or\n\n(b) communication with a family member of the person; or\n\n(c) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n\n(d) use in an emergency; or\n\n(e) work health and safety.\n\n(2) An approved provider who authorises a personal device under subsection (1) must—\n\n(a) record the authorisation in writing; and\n\n(b) include the prescribed information in that written record.\n\n(3) An approved provider must keep a written record required to be made under subsection (2) for the prescribed period.\n\n(4) A period prescribed for the purposes of subsection (3) must be at least 3 years.\n\nPart 7—Compliance with this Law\n\nDivision 1—Notices\n\n\t176 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\nSch. s. 176(2A) inserted by No. 53/2025 s. 82(1).\n\n(2A) Without limiting subsection (2), the Regulatory Authority may give an approved provider of the education and care service a written direction (a ***compliance direction***) requiring the approved provider to take the steps specified in the direction if the Regulatory Authority is satisfied that—\n\n(b) the direction is reasonably necessary to address the systemic risk.\n\nSch. s. 176(3) amended by Nos 43/2022 s. 79, 53/2025 ss 40, 82(2).\n\n(3) An approved provider must comply with a direction under subsection (2) or (2A) within the period (being not less than 14 days) specified in the direction.\n\n","sortOrder":249},{"sectionNumber":"177","sectionType":"section","heading":"Compliance notices","content":"\t177 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\nSch. s. 177(2A) inserted by No. 53/2025 s. 83(1).\n\n(2A) Without limiting subsection (2), the Regulatory Authority may give an approved provider of the education and care service a notice (a ***compliance notice***) requiring the approved provider to take the steps specified in the notice if the Regulatory Authority is satisfied that—\n\n(b) the notice is reasonably necessary to address the systemic risk.\n\nSch. s. 177(3) amended by Nos 43/2022 s. 80, 53/2025 ss 41, 83(2).\n\n(3) An approved provider must comply with a compliance notice under subsection (2) or (2A) within the period (being not less than 14 days) specified in the notice.\n\n","sortOrder":250},{"sectionNumber":"178","sectionType":"section","heading":"Notice to suspend education and care by a family day care educator","content":"\t178 Notice to suspend education and care by a family day care educator\n\n(1) This section applies if the Regulatory Authority is satisfied that because of the conduct of, or the inadequacy of the service provided by, a family day care educator engaged by or registered with a family day care service—\n\nSch. s. 178(1)(a) amended by No. 9/2017 s. 39(2).\n\n(a) the approved provider or a nominated supervisor of an approved family day care service is not complying with any provision of this Law; or\n\n(b) there is a risk to the safety, health or wellbeing of children being educated and cared for by the family day care educator.\n\n(2) The Regulatory Authority may give the approved provider, the nominated supervisor (if applicable) and the educator a notice (***show cause notice***) stating—\n\n(a) that the Regulatory Authority intends to give the approved provider a notice directing the provider to suspend the provision of education and care by the educator; and\n\n(b) the reasons for the proposed direction; and\n\n(c) that the approved provider, nominated supervisor or educator, (as the case requires) may, within 14 days after the show cause notice is given, make submissions to the Regulatory Authority in respect of the proposed direction.\n\n(3) The show cause notice must be served by delivering it personally to the family day care educator.\n\n(4) The Regulatory Authority—\n\n(a) must consider any submissions from the approved provider, the nominated supervisor and the family day care educator received within the time allowed by subsection (2)(c); and\n\n(b) may consider any other submissions and any matters the Regulatory Authority considers relevant; and\n\n(c) may—\n\n(i) give the approved provider a notice directing the provider to suspend the provision of education and care of children by the family day care educator; or\n\n(ii) decide not to give that direction.\n\n(5) The Regulatory Authority must give the family day care educator a notice of the decision under subsection (4).\n\n(6) If the Regulatory Authority decides not to give the direction to suspend, the Regulatory Authority must give the approved provider notice of the decision.\n\nSch. s. 178(7) amended by Nos 43/2022 s. 81, 53/2025 s. 42.\n\n(7) A person must comply with a direction under subsection (4).\n\nSch. s. 178A inserted by No. 53/2025 s. 84.\n\n","sortOrder":251},{"sectionNumber":"178A","sectionType":"section","heading":"Direction to suspend education and care by staff member (other than a family day care educator) or volunteer","content":"\t178A Direction to suspend education and care by staff member (other than a family day care educator) or volunteer\n\n(1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a staff member of the service (other than a family day care educator), or by a volunteer at the service, for a period of time determined by the Regulatory Authority (a ***suspension direction***) if the Regulatory Authority is reasonably satisfied that—\n\n(a) because of the conduct of, or the inadequacy of education and care provided by, the staff member or volunteer—\n\n(i) the approved provider is not complying with any provision of this Law; or\n\n(ii) a nominated supervisor of the service is not complying with any provision of this Law; or\n\n(iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n\n(b) the staff member or volunteer has contravened or is alleged to have contravened  section 166(3) or 166A(5) or (6).\n\n(2) Before giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice (***show cause notice***) stating—\n\n(a) that the Regulatory Authority intends to give the provider a suspension direction; and\n\n(c) that the provider may, within 14 days after the show cause notice is given (the ***show cause period***), make submissions to the Regulatory Authority in respect of the proposed suspension direction.\n\n(3) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority—\n\n(i) to give the approved provider a suspension direction; or\n\n(ii)  not to give the provider a suspension direction.\n\n(4) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider  written notice of the Regulatory Authority's decision.\n\n(5) The Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that—\n\n(a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and\n\n(b) the suspension direction is necessary to protect the safety, health or wellbeing of the child or children.\n\n(6) An approved provider to whom a suspension direction is given must not contravene that direction.\n\nSch. s. 178B inserted by No. 53/2025 s. 84.\n\n","sortOrder":252},{"sectionNumber":"178B","sectionType":"section","heading":"Direction to suspend education and care by nominated supervisor","content":"\t178B Direction to suspend education and care by nominated supervisor\n\n(1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a nominated supervisor of the service for a period of time determined by the Regulatory Authority (a ***suspension direction***) if the Regulatory Authority is reasonably satisfied that—\n\n(a) because of the conduct of, or the inadequacy of education and care provided by, the nominated supervisor—\n\n(i) the nominated supervisor is not complying with any provision of this Law; or\n\n(ii) the approved provider is not complying with any provision of this Law; or\n\n(iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n\n(b) the nominated supervisor has contravened or is alleged to have contravened section 166(2) or 166A(2) or (4).\n\n(2) Before giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice (***show cause notice***) stating—\n\n(a) that the Regulatory Authority intends to give the provider a suspension direction; and\n\n(c) that the provider may, within 14 days after the show cause notice is given (the ***show cause period***), make submissions to the Regulatory Authority in respect of the proposed suspension direction.\n\n(3) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority—\n\n(i) to give the approved provider a suspension direction; or\n\n(ii)  not to give the provider a suspension direction.\n\n(4) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider  written notice of the Regulatory Authority's decision.\n\n(5) The Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that—\n\n(a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and\n\n(b) the suspension direction is necessary to protect the safety, health or wellbeing of the child or children.\n\n(6) An approved provider to whom a suspension direction is given must not contravene that direction.\n\nSch. s. 178C inserted by No. 53/2025 s. 84.\n\n","sortOrder":253},{"sectionNumber":"178C","sectionType":"section","heading":"Direction requiring supervision of staff member (other than a family day care co-ordinator) or volunteer","content":"\t178C Direction requiring supervision of staff member (other than a family day care co-ordinator) or volunteer\n\n(1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to ensure that a staff member of the service (other than a family day care co-ordinator), or a volunteer at the service, is directly supervised while providing education and care to children as part of the service (a ***supervision direction***) if the Regulatory Authority is reasonably satisfied that—\n\n(a) because of the conduct of the staff member or volunteer—\n\n(i) the approved provider is not complying with any provision of this Law; or\n\n(ii) a nominated supervisor of the service is not complying with any provision of this Law; or\n\n(b) the staff member or volunteer has contravened or is alleged to have contravened section 166(3) or 166A(5) or (6).\n\n(2) A supervision direction  must specify—\n\n(a) that the staff member of, or volunteer at, the service is to be directly supervised—\n\n(i) by a suitably qualified and experienced person specified in subsection (3); and\n\n(ii) for a period of time determined by the Regulatory Authority; and\n\n(b) details of any conditions applying to the supervision of the staff member or volunteer.\n\n(3) The following persons are specified—\n\n(a) a person in day-to-day charge of the service;\n\n(c) a staff member of the service.\n\n(4) Before giving the approved provider a supervision direction, the Regulatory Authority may give the provider a notice (***show cause notice***) stating—\n\n(a) that the Regulatory Authority intends to give the approved provider a supervision direction; and\n\n(b) the reasons for the proposed supervision direction; and\n\n(c) that the approved provider may, within 14 days after the show cause notice is given (the ***show cause period***), make submissions to the Regulatory Authority in respect of the proposed supervision direction.\n\n(5) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority—\n\n(i) to give the approved provider a supervision direction; or\n\n(ii)  not to give the provider a supervision direction.\n\n(6) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a supervision direction, the Regulatory Authority must give the provider  written notice of the Regulatory Authority's decision.\n\n(7) The Regulatory Authority may immediately give the approved provider a supervision direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that—\n\n(a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and\n\n(b) the supervision direction is necessary to protect the safety, health or wellbeing of the child or children.\n\n(8) An approved provider to whom a supervision direction is given must not contravene that direction.\n\nSch. s. 178D inserted by No. 53/2025 s. 84.\n\n","sortOrder":254},{"sectionNumber":"178D","sectionType":"section","heading":"Direction requiring nominated supervisor to complete training","content":"\t178D Direction requiring nominated supervisor to complete training\n\n(1) The Regulatory Authority may give a notice to a nominated supervisor of an education and care service that directs the nominated supervisor to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a ***training direction***) if the Regulatory Authority is reasonably satisfied that—\n\n(a) because of the conduct of the nominated supervisor—\n\n(i) the nominated supervisor is not complying with any provision of this Law; or\n\n(ii) the approved provider of the service is not complying with any provision of this Law; or\n\n(b) the nominated supervisor has contravened or is alleged to have contravened section 166(2) or 166A(2) or (4).\n\n(2) A training direction must specify details of any conditions applying to the nominated supervisor's training.\n\n(3) Before giving the nominated supervisor a training direction, the Regulatory Authority may give the nominated supervisor a notice (***show cause notice***) stating—\n\n(a) that the Regulatory Authority intends to give the nominated supervisor a training direction; and\n\n(b) the reasons for the proposed training direction; and\n\n(c) that the nominated supervisor  may, within 14 days after the show cause notice is given (the ***show cause period***), make submissions to the Regulatory Authority in respect of the proposed training direction.\n\n(4) After the Regulatory Authority gives the nominated supervisor a show cause notice, the Regulatory Authority—\n\n(a) must consider any submissions from the nominated supervisor received within the show cause period; and\n\n(i) to give the nominated supervisor a training direction; or\n\n(ii)  not to give the nominated supervisor a training direction.\n\n(5) If the Regulatory Authority decides to give the nominated supervisor a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority's decision.\n\n(6) If, after the show cause period, the Regulatory Authority decides not to give the nominated supervisor a training direction, the Regulatory Authority must give the nominated supervisor written notice of the Regulatory Authority's decision.\n\n(7) A nominated supervisor to whom a training direction is given must not contravene that direction.\n\nSch. s. 178E inserted by No. 53/2025 s. 84.\n\n","sortOrder":255},{"sectionNumber":"178E","sectionType":"section","heading":"Direction requiring staff member or volunteer to complete training","content":"\t178E Direction requiring staff member or volunteer to complete training\n\n(1) The Regulatory Authority may give a notice to a staff member of, or a volunteer at, an education and care service that directs the staff member or volunteer to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a ***training direction***) if the Regulatory Authority is reasonably satisfied that—\n\n(a) because of the conduct of the staff member or volunteer—\n\n(i) the approved provider of the service is not complying with any provision of this Law; or\n\n(ii) the nominated supervisor of the service is not complying with any provision of this Law; or\n\n(b) the staff member or volunteer has contravened or is alleged to have contravened section 166(3) or 166A(5) or (6).\n\n(2) A training direction must specify details of any conditions applying to the training of the staff member or volunteer.\n\n(3) Before giving the staff member or volunteer a training direction, the Regulatory Authority may give the staff member or volunteer a notice (***show cause notice***) stating—\n\n(a) that the Regulatory Authority intends to give the staff member or volunteer a training direction; and\n\n(b) the reasons for the proposed training direction; and\n\n(c) that the staff member or volunteer may, within 14 days after the show cause notice is given (the ***show cause period***), make submissions to the Regulatory Authority in respect of the proposed training direction.\n\n(4) After the Regulatory Authority gives the staff member or volunteer a show cause notice, the Regulatory Authority—\n\n(a) must consider any submissions from the staff member or volunteer received within the show cause period; and\n\n(i) to give the staff member or volunteer a training direction; or\n\n(ii)  not to give the staff member or volunteer a training direction.\n\n(5) If the Regulatory Authority decides to give the staff member or volunteer a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority's decision.\n\n(6) If, after the show cause period, the Regulatory Authority decides not to give the staff member or volunteer a training direction, the Regulatory Authority must give the staff member or volunteer  written notice of the Regulatory Authority's decision.\n\n(7) A staff member or volunteer to whom a training direction is given must not contravene that direction.\n\n","sortOrder":256},{"sectionNumber":"179","sectionType":"section","heading":"Emergency action notices","content":"\t179 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\nSch. s. 179(3) amended by Nos 43/2022 s. 82, 53/2025 s. 43.\n\n(3) An approved provider must comply with a direction given under subsection (2).\n\nSch.  \nPt 7 Div. 2 (Heading  \nand Sch. ss 180, 181) substituted  \nas Sch. Pt 7 Div. 2 (Heading  \nand Sch. ss 179A‒181) by No. 9/2017 s. 45.\n\nDivision 2—Enforceable undertakings\n\nSch. s. 179A inserted by No. 9/2017 s. 45.\n\n","sortOrder":257},{"sectionNumber":"179A","sectionType":"section","heading":"Enforceable undertakings","content":"\t179A Enforceable undertakings\n\n(1) This section applies—\n\n(a) if a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law; or\n\n(b) in the circumstances set out in section 27(a), 72(a) or 184(3).\n\n(2) If subsection (1)(a) applies, 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\nSch. s. 179A(2A) inserted by No. 53/2025 s. 85.\n\n(2A) Without limiting subsection (2), if subsection (1)(a) applies in relation to a related provider of an approved provider, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law if the Regulatory Authority is satisfied that there is a systemic risk in relation to the approved provider or the related provider.\n\n(3) If subsection (1)(b) applies in relation to the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions in relation to the education and care service.\n\n(4) If subsection (1)(b) applies in relation to a person other than the approved provider of an education and care service, 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 in relation to an education and care service.\n\n(5) A person may, with the consent of the Regulatory Authority, withdraw or amend an undertaking.\n\n(6) 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(7) The Regulatory Authority may publish on the Regulatory Authority's website an undertaking accepted under this section.\n\nSch. s. 179B inserted by No. 9/2017 s. 45.\n\n","sortOrder":258},{"sectionNumber":"179B","sectionType":"section","heading":"Certain actions prohibited while undertaking is in force","content":"\t179B Certain actions prohibited while undertaking is in force\n\nSch. s. 179B(1) amended by No. 53/2025 s. 86.\n\n(1) While an undertaking is in force under section 179A(2) or (2A), 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(2) While an undertaking is in force under section 179A(3), the Regulatory Authority must not (as the case requires)—\n\n(a) suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or\n\n(b) suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or\n\n(c) give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n\n(3) While an undertaking is in force under section 179A(4), the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n\nSch. s. 180 substituted by No. 9/2017 s. 45.\n\n","sortOrder":259},{"sectionNumber":"180","sectionType":"section","heading":"Certain actions prohibited if undertaking is complied with","content":"\t180 Certain actions prohibited if undertaking is complied with\n\n(1) If a person complies with the requirements of an undertaking under section 179A(2), 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\nSch. s. 180(1A) inserted by No. 53/2025 s. 87.\n\n(1A) If an approved provider complies with the requirements of an undertaking under section 179A(2A), no further proceeding may be commenced for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\n\n(2) If an approved provider complies with the requirements of an undertaking under section 179A(3), the Regulatory Authority must not (as the case requires)—\n\n(a) suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or\n\n(b) suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or\n\n(c) give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n\n(3) If a person complies with the requirements  \nof an undertaking under section 179A(4), the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n\nSch. s. 181 substituted by No. 9/2017 s. 45.\n\n","sortOrder":260},{"sectionNumber":"181","sectionType":"section","heading":"Failure to comply with enforceable undertakings","content":"\t181 Failure to comply with enforceable undertakings\n\n(1) If the Regulatory Authority considers that a person who gave an undertaking under section 179A 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 the 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 an undertaking under section 179A(2), proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\n\nSch. s. 181(3A) inserted by No. 53/2025 s. 88(1).\n\n(3A) If the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A(2A), a proceeding may be commenced for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\n\n(4) If the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A(3), the Regulatory Authority may without further notice—\n\n(a) if the undertaking was given in circumstances set out in section 27(a), suspend the provider approval under section 27; or\n\n(b) if the undertaking was given in circumstances set out in section 72(a), suspend the service approval under section 72; or\n\n(c) if the undertaking was given in circumstances set out in section 184(3), give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n\n(5) If the relevant tribunal or court determines that a person has failed to comply with a term of an undertaking under section 179A(4), the Regulatory Authority may, without further notice, give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n\nSch. s. 181(6) amended by No. 53/2025 s. 88(2).\n\n(6) Proceedings referred to in subsection (3) or (3A) may be brought within 6 months of the determination or within 2 years of the date of the alleged offence, whichever occurs last.\n\n\tDivision 3—Prohibition notices\n\n","sortOrder":261},{"sectionNumber":"182","sectionType":"section","heading":"Grounds for giving prohibition notice","content":"\t182 Grounds for giving 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\nSch. s. 182(2)(b) substituted by No. 9/2017 s. 46(1)(a).\n\n(b) a nominated 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\nSch. s. 182(2)(g) substituted by No. 9/2017 s. 46(1)(b).\n\n(g) a volunteer;\n\nSch. s. 182(2)(h) inserted by No. 9/2017 s. 46(1)(b).\n\n(h) a person who was formerly a person referred to in paragraphs (a) to (g) in relation to the approved education and care service—\n\nor in any other capacity.\n\nSch. s. 182(3) inserted by No. 9/2017 s. 46(2).\n\n(3) The Regulatory Authority may give a prohibition notice to a person to—\n\n(a) prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or\n\n(b) impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions.\n\nSch. s. 182(4) inserted by No. 53/2025 s. 89.\n\n(4) Without limiting subsection (1), the Regulatory Authority may give a prohibition notice to an approved provider if a related provider of the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction and the Regulatory Authority is satisfied that—\n\n(a) there is a systemic risk in relation to the approved provider or the related provider; and\n\n(b) the prohibition notice is reasonably necessary to address the systemic risk.\n\n","sortOrder":262},{"sectionNumber":"183","sectionType":"section","heading":"Show cause notice to be given before prohibition notice","content":"\t183 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.\n\n","sortOrder":263},{"sectionNumber":"184","sectionType":"section","heading":"Deciding whether to give prohibition notice","content":"\t184 Deciding whether to give prohibition notice\n\n(1) I f 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.\n\nSch. s. 184(3) inserted by No. 9/2017 s. 47.\n\n(3) The Regulatory Authority may accept an undertaking from a person under section 179A instead of giving a prohibition notice under this Division.\n\nSch. s. 185 substituted by No. 9/2017 s. 48.\n\n","sortOrder":264},{"sectionNumber":"185","sectionType":"section","heading":"Content of prohibition notice","content":"\t185 Content of prohibition notice\n\nSch. s. 185(1) amended by No. 53/2025 s. 90(1).\n\n(1) A prohibition notice given to a person under section 182(1) or (4) must state that the person is prohibited from doing one or more of the following—\n\n(a) providing education and care to children for an education and care service;\n\n(b) being engaged as an educator, family day care educator, employee, contractor or staff member of, or being a volunteer at, an education and care service;\n\n(c) carrying out any other activity relating to an education and care service.\n\n(2) A prohibition notice given to a person under section 182(3) must state that either—\n\n(a) the person is prohibited from being nominated as a nominated supervisor of an education and care service; or\n\n(b) the person may only be nominated as a nominated supervisor of an education and care service on the condition or conditions specified by the Regulatory Authority in the notice.\n\nSch. s. 185(3) amended by No. 53/2025 s. 90(2).\n\n(3) A prohibition notice given to a person under section 182(1), (3) or (4) must state—\n\n(a) that the person may apply for cancellation of the notice; and\n\n(b) how an application for cancellation must be made.\n\n","sortOrder":265},{"sectionNumber":"186","sectionType":"section","heading":"Cancellation of prohibition notice","content":"\t186 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(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\nSch. s. 186(4A) inserted by No. 9/2017 s. 49.\n\n(4A) The person may state in the application anything the person considers relevant to the Regulatory Authority's decision about whether the person  \nis a fit and proper person to be nominated as a nominated supervisor with or without conditions.\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.\n\nSch. s. 187 amended by No. 9/2017 s. 50(1)(a)(2) (ILA s. 39B(3)).\n\n","sortOrder":266},{"sectionNumber":"187","sectionType":"section","heading":"Person must not contravene prohibition notice","content":"\t187 Person must not contravene prohibition notice\n\nSch. s. 187(1) amended by Nos 43/2022 s. 83(1), 53/2025 ss 44(1), 91.\n\n(1) While a prohibition notice under section 182(1) or (4) 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\nSch. s. 187(1)(b) amended by No. 9/2017 s. 50(1)(b).\n\n(b) be engaged as an 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\nSch. s. 187(2) inserted by No. 9/2017 s. 50(2), amended by Nos 43/2022 s. 83(2), 53/2025 s. 44(2).\n\n(2) While a prohibition notice under section 182(3) is in force under this Law as applying in any participating jurisdiction for a person, the person must not—\n\n(a) in the case of a prohibition notice under section 182(3)(a), consent to a nomination of that person as a nominated supervisor of an education and care service; or\n\n(b) in the case of a prohibition notice under section 182(3)(b), consent to a nomination of that person as a nominated supervisor of an education and care service in contravention of a condition or conditions stated in the prohibition notice.\n\nSch. s. 188 amended by No. 9/2017 s. 51(1)(2) (ILA s. 39B(3)).\n\n","sortOrder":267},{"sectionNumber":"188","sectionType":"section","heading":"Offence to engage person to whom prohibition notice applies","content":"\t188 Offence to engage person to whom prohibition notice applies\n\nSch. s. 188(1) amended by Nos 43/2022 s. 84(1), 53/2025 s. 45(1).\n\n(1) An approved provider must not engage a person as an 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\nSch. s. 188(2) inserted by No. 9/2017 s. 51(2), amended by Nos 43/2022 s. 84(2), 53/2025 s. 45(2).\n\n(2) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that a prohibition notice is in force under this Law as applying in any participating jurisdiction prohibiting the nomination of that person as a nominated supervisor of an education and care service.\n\nSch. s. 188(3) inserted by No. 9/2017 s. 51(2), amended by Nos 43/2022 s. 84(3), 53/2025 s. 45(3).\n\n(3) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that the nomination would place the person in contravention of a condition of a prohibition notice in force under this Law as applying in any participating jurisdiction.\n\nSch. s. 188A (Heading) substituted by No. 53/2025 s. 4.\n\nSch. s. 188A inserted by No. 9/2017 s. 52, amended by Nos 43/2022 s. 85, 53/2025 s. 46.\n\n","sortOrder":268},{"sectionNumber":"188A","sectionType":"section","heading":"Offence to give false or misleading information to approved provider about prohibition notice","content":"\t188A Offence to give false or misleading information to approved provider about prohibition notice\n\nA person who is subject to a prohibition notice under this Law as applying in any participating jurisdiction must not give an approved provider any information about the content or existence of the prohibition notice that is false or misleading in any material particular.\n\nSch. s. 188B inserted by No. 53/2025 s. 5.\n\n","sortOrder":269},{"sectionNumber":"188B","sectionType":"section","heading":"Offence to make false or misleading statement to recruitment agency about prohibition notice","content":"\t188B Offence to make false or misleading statement to recruitment agency about prohibition notice\n\n(1) A specified person who is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction must not make a statement to a recruitment agency about the content or existence of the prohibition notice that is false or misleading in any material particular because of—\n\n(a) the inclusion in the statement of a false or misleading matter; or\n\n(b) the omission from the statement of a material matter.\n\n***specified person*** means an individual who has entered into an agreement with a recruitment agency for the agency to procure for that individual education and care related work.\n\nDivision 4—Emergency removal of children\n\n","sortOrder":270},{"sectionNumber":"189","sectionType":"section","heading":"Emergency removal of children","content":"\t189 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.\n\nPart 8—Review\n\nDivision 1—Internal review\n\n\t190 Reviewable decision—internal review\n\nA reviewable decision for internal review is a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—\n\nSch. s. 190(a) amended by No. 9/2017 s. 53(1)(a).\n\n(a) to refuse to grant a provider approval or a service approval; or\n\nSch. s. 190(b) amended by No. 9/2017 s. 53(1)(a).\n\n(b) to amend or refuse to amend a provider approval or a service approval; or\n\nSch. s. 190(c) amended by No. 9/2017 s. 53(1)(a).\n\n(c) to impose a condition on a provider approval or a service approval; or\n\n(d) to suspend—\n\nSch. s. 190(d)(i) amended by No. 80/2011 s. 70(a).\n\n(i) a provider approval under section 28; or\n\nSch. s. 190(d)(ii) amended by No. 80/2011 s. 70(b).\n\n(ii) a service approval under section 73; or\n\nSch. s. 190(d)(iii) repealed by No. 9/2017 s. 53(1)(b).\n\n(e) to refuse to consent to the transfer of a service approval; or\n\n(f) to revoke a service waiver; or\n\nSch. s. 190(fa) inserted by No. 33/2023 s. 9.\n\n(fa) to refuse to grant an approval in principle; or\n\nSch. s. 190(fb) inserted by No. 33/2023 s. 9.\n\n(fb) to amend or refuse to amend an approval in principle; or\n\nSch. s. 190(fc) inserted by No. 33/2023 s. 9.\n\n(fc) to transfer an approval in principle under section 119; or\n\nSch. s. 190(fd) inserted by No. 33/2023 s. 9.\n\n(fd) to cancel an approval in principle; or\n\nSch. s. 190(fe) inserted by No. 33/2023 s. 9.\n\n(fe) to refuse to extend an approval in principle; or\n\nSch. s. 190(ff) inserted by No. 33/2023 s. 9.\n\n(ff) to refuse to reinstate an approval in principle; or\n\n(g) to issue a compliance direction; or\n\nSch. s. 190(h) substituted by No. 53/2025 s. 92.\n\n(h) to issue a compliance notice; or\n\nSch. s. 190(i) inserted by No. 53/2025 s. 92.\n\n(i) to direct an approved provider of a family day care service to suspend the provision of education and care by a family day care educator under section 178; or\n\nSch. s. 190(j) inserted by No. 53/2025 s. 92.\n\n(j) to direct an approved provider of an education and care service to suspend the provision of education and care by a staff member (other than a family day care educator) or a volunteer under section 178A; or\n\nSch. s. 190(k) inserted by No. 53/2025 s. 92.\n\n(k) to direct an approved provider of an education and care service to suspend the provision of education and care by a nominated supervisor under section 178B; or\n\nSch. s. 190(l) inserted by No. 53/2025 s. 92.\n\n(l) to direct an approved provider of an education and care service under section 178C to ensure that a staff member (other than a family day care co-ordinator) or a volunteer is directly supervised while providing education and care; or\n\nSch. s. 190(m) inserted by No. 53/2025 s. 92.\n\n(m) to direct a nominated supervisor of an education and care service to complete training under section 178D; or  \n\nSch. s. 190(n) inserted by No. 53/2025 s. 92.\n\n(n) to direct a staff member of, or a volunteer at, an education and care service to complete training under section 178E.\n\n","sortOrder":271},{"sectionNumber":"191","sectionType":"section","heading":"Internal review of reviewable decisions","content":"\t191 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.\n\nDivision 2—External review\n\n","sortOrder":272},{"sectionNumber":"192","sectionType":"section","heading":"Reviewable decision—external review","content":"\t192 Reviewable decision—external review\n\nA 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\nSch. s. 192(b)(v) repealed by No. 9/2017 s. 53(2).\n\nSch. s. 192(b)(vi) repealed by No. 53/2025 s. 93.\n\n(vii) to give a prohibition notice or to refuse to cancel a prohibition notice.\n\nA 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.\n\n","sortOrder":273},{"sectionNumber":"193","sectionType":"section","heading":"Application for review of decision of the Regulatory Authority","content":"\t193 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.\n\nDivision 3—General\n\n","sortOrder":274},{"sectionNumber":"194","sectionType":"section","heading":"Relationship with Act establishing administrative body","content":"\t194 Relationship with Act establishing administrative body\n\nThis 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.\n\nPart 9—Monitoring and Enforcement\n\nDivision 1—Authorised officers\n\n\t195 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.\n\n","sortOrder":275},{"sectionNumber":"196","sectionType":"section","heading":"Identity card","content":"\t196 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\nSch. s. 196(3) amended by Nos 43/2022 s. 86(1), 53/2025 s. 47(1).\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(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\nSch. s. 196(5) amended by Nos 43/2022 s. 86(2), 53/2025 s. 47(2).\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\nDivision 2—Powers of entry\n\n","sortOrder":276},{"sectionNumber":"197","sectionType":"section","heading":"Powers of entry for assessing and monitoring approved education and care service","content":"\t197 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\nSch. s. 197(2)(e)(i) amended by No. 80/2011 s. 71(1).\n\n(i) to answer a question to the best of that person's knowledge, information and belief; or\n\n(ii) to take reasonable steps to provide information or produce a document.\n\nSch. s. 197(3) amended by Nos 80/2011 s. 71(2), 13/2022 s. 11.\n\n(3) A power under subsections (2)(a) 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) 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(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.\n\nSch. s. 197A inserted by No. 53/2025 s. 94.\n\n\t197A Powers of entry to family day care service premises—monitoring compliance with prescribed requirement relating to the safety, health and wellbeing of children\n\n(1) An authorised officer may exercise the powers under this section if the authorised officer reasonably believes it is necessary to do so to assess or monitor compliance of an approved provider of a family day care service with any prescribed requirement in relation to the safety, health and wellbeing of children.\n\n(2) Subject to subsections (5) and (7), an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following—\n\n(a) inspect any part of the premises;\n\n(b) inspect any plant, equipment, vehicle or other thing at the premises;\n\n(c) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;\n\n(d) inspect and make copies of, or take extracts from, any document kept at the premises;\n\n(e) take any document or any other thing at the premises;\n\n(f) ask a person at the premises—\n\n(i) to answer a question to the best of that person's knowledge, information and belief; or\n\n(ii) to take reasonable steps to provide information or produce a document.\n\n(3) An authorised officer who enters family day care service premises under this section—\n\n(a) must enter the premises during ordinary business hours; and\n\n(b) may enter the premises with such assistants as may reasonably be required.\n\n(4) Before entering the family day care service premises under this section, the authorised officer must inform the occupier of the premises of—\n\n(a) the purpose of the entry; and\n\n(b) the powers that may be exercised.\n\n(5) A power under subsection (2)(a) to (e) is limited to a document or thing that is used or likely to be used in the provision of the family day care service.\n\n(6) If the authorised officer takes any document or thing under subsection (2), the authorised officer must—\n\n(a) give notice of the taking of the document or thing to the person apparently in charge of it or to the occupier of the premises; and\n\n(7) An authorised officer must not enter any family day care service premises that is a family day care residence under this section unless—\n\n(a) the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and\n\n(b) at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\n\n(8) In this section—\n\n***family day care service premises***, in relation to a family day care service, means any of the following—\n\n(a) an approved family day care venue;\n\n(b) an area in a family day care residence whether or not that area is used to provide education and care to children as part of the service;\n\n(c) an area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service.\n\nA shed or garage at the same premises on which a family day care residence is located.\n\n","sortOrder":277},{"sectionNumber":"198","sectionType":"section","heading":"National Authority representative may enter service premises in company with Regulatory Authority","content":"\t198 National Authority representative may enter service premises in company with Regulatory Authority\n\n(1) A person authorised by the National Authority, in company with an authorised officer, may enter premises used by an approved education and care service within the usual hours of operation of the service at those premises.\n\n(2) The entry by the person authorised by the National Authority is solely for the purpose of informing the National Authority of the rating assessment processes of the Regulatory Authority under Part 5 to assist the National Authority in promoting consistency across participating jurisdictions.\n\n","sortOrder":278},{"sectionNumber":"199","sectionType":"section","heading":"Powers of entry for investigating approved education and care service","content":"\t199 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\nSch. s. 199(2) amended by No. 53/2025 s. 95(1).\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 and the education and care service premises of any related provider of the approved provider of the approved education and care service at any reasonable time and do any of the following—\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(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\nSch. s. 199(3) amended by No. 80/2011 s. 72.\n\n(3) A power under subsections (2)(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\nSch. s. 199(4)(a)  substituted by No. 9/2017 s. 54.\n\n(a) the authorised officer reasonably believes that an approved education and care service is operating at the residence at the time of entry; or\n\nSch. s. 199(4)(ab)  inserted by No. 9/2017 s. 54.\n\n(ab) the register of family day care educators records that the approved education and care service operates 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.\n\nSch. s. 199(5) inserted by No. 53/2025 s. 95(2).\n\n(5) An authorised officer must not enter the education and care service premises of a related provider of the approved provider under this section unless the authorised officer is satisfied that—\n\n(a) there is a systemic risk in relation to the approved provider; and\n\n(b) the entry is reasonably necessary to address the systemic risk.\n\nSch. s. 199A inserted by No. 53/2025 s. 96.\n\n","sortOrder":279},{"sectionNumber":"199A","sectionType":"section","heading":"Powers of entry to family day care service premises—investigation of offences","content":"\t199A Powers of entry to family day care service premises—investigation of offences\n\n(1) An authorised officer may exercise the powers under this section to investigate a family day care service if the authorised officer reasonably suspects an offence may have been or may be being committed against this Law.\n\n(2) Subject to subsections (5) and (7), an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following—\n\n(b) inspect, measure, test, photograph or film, or make audio recordings of, anything that may afford evidence of an offence against this Law at any part of the premises;\n\n(c) take for analysis, measurement or testing a thing, or a sample of or from a thing, at the premises that may afford evidence of an offence against this Law;\n\n(d) copy, or take an extract from, a document at the premises that may afford evidence of an offence against this Law;\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 section;\n\n(f) require the occupier of the premises or a person at the premises to give the authorised officer information the authorised officer reasonably requires for exercising a power under this section.\n\n(3) An authorised officer who enters family day care service premises under this section—\n\n(a) must enter the premises during ordinary business hours; and\n\n(b) may enter the premises with such assistants as may reasonably be required.\n\n(4) Before entering the family day care service premises under this section, the authorised officer must advise the occupier of the premises of—\n\n(a) the purpose of the entry; and\n\n(b) the powers that may be exercised.\n\n(5) A power under subsection (2)(b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the family day care service.\n\n(6) If the authorised officer takes any document or thing under subsection (2), the authorised officer 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(7) An authorised officer must not enter any family day care service premises that is a family day care residence under this section unless—\n\n(a) the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and\n\n(b) at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\n\n(8) An occupier of family day care service premises must not unreasonably refuse to give consent to an authorised officer under this section.\n\n(9) In this section—\n\n***family day care service premises***, in relation to a family day care service, means any of the following—\n\n(a) an approved family day care venue;\n\n(b) an area in a family day care residence whether or not that area is used to provide education and care to children as part of the service;\n\n(c) an area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service.\n\nA shed or garage at the same premises on which a family day care residence is located.\n\n","sortOrder":280},{"sectionNumber":"200","sectionType":"section","heading":"Powers of entry to business premises","content":"\t200 Powers of entry to business premises\n\nSch. s. 200(1)  amended by No. 9/2017 s. 55, substituted by No. 53/2025 s. 97(1).\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 by an approved provider of an education and care service are present at—\n\n(a) the principal office of the approved provider; or\n\n(b) any other business office of the approved provider; or\n\n(c) the principal office of a related provider of the approved provider; or\n\n(d) any other business office of a related provider of the 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(b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything 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.\n\nSch. s. 200(4) inserted by No. 53/2025 s. 97(2).\n\n(4) An authorised officer must not enter the principal office of a related provider of the approved provider or any other business office of a related provider of the approved provider under this section unless the authorised officer is satisfied that—\n\n(a) there is a systemic risk in relation to the approved provider; and\n\n(b) the entry is reasonably necessary to address the systemic risk.\n\nSch. s. 200A  inserted by No. 9/2017 s. 56.\n\n","sortOrder":281},{"sectionNumber":"200A","sectionType":"section","heading":"Entry to premises without search warrant","content":"\t200A Entry to premises without search warrant\n\n(1) An authorised officer may enter any premises (including residential or business premises) for the purpose of determining whether an education and care service is operating without a service approval at or from the premises, if—\n\n(a) the authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at the premises; and\n\n(b) the occupier of the premises has consented in writing to the entry and inspection.\n\n(2) An authorised officer must not enter and search the premises under this section unless, before the occupier consents to the entry, the authorised officer has—\n\n(a) produced the authorised officer's 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 consent to the entry and search or 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.\n\n(3) An authorised officer who exercises a power of entry under this section may for the purposes of the investigation do any of the things referred to in clause 5(2)(a) to (e) of Schedule 2 as if a reference to that Schedule included a reference to this section.\n\n","sortOrder":282},{"sectionNumber":"201","sectionType":"section","heading":"Entry to premises with search warrant","content":"\t201 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\nSch. s. 201(3)  amended by No. 9/2017 s. 57.\n\n(3) An authorised officer under the authority of a search warrant may enter the principal office of the approved provider of the service or any other business office of the approved provider of the service 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.\n\n","sortOrder":283},{"sectionNumber":"202","sectionType":"section","heading":"Seized items","content":"\t202 Seized items\n\nSch. s. 202(1)  amended by No. 9/2017 s. 58.\n\n(1) If an authorised officer has taken a thing under section 199, 200 or 200A 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\nSch. s. 202(3)  amended by No. 9/2017 s. 58.\n\n(3) If an authorised officer has taken a thing under section 199, 200 or 200A or under a search warrant under section 201, the authorised officer must provide the owner of the thing with reasonable access to the thing.\n\n","sortOrder":284},{"sectionNumber":"203","sectionType":"section","heading":"Court may extend period","content":"\t203 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.\n\nDivision 3—Other powers\n\n","sortOrder":285},{"sectionNumber":"204","sectionType":"section","heading":"Power to require name and address","content":"\t204 Power to require name and address\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.\n\n","sortOrder":286},{"sectionNumber":"205","sectionType":"section","heading":"Power to require evidence of age, name and address of person","content":"\t205 Power to require evidence of age, name and address of person\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.\n\nSch. s. 206 (Heading) substituted by No. 53/2025 s. 6.\n\n\t206 Power of authorised officers to obtain information, documents and evidence from approved providers, nominated supervisors, staff members and volunteers\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\nSch. s. 206(4) def. of *specified person* amended by No. 9/2017 s. 53(3).\n\n***specified person*** means a person who is or has been—\n\n(a) an approved provider, a nominated 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.\n\nSch. s. 206A inserted by No. 53/2025 s. 7.\n\n\t206A Power of authorised officers to obtain information, documents and evidence from recruitment agencies\n\n(1) An authorised officer, by written notice, may require a recruitment agency to provide to the authorised officer, by writing signed by a competent officer of that agency and within the time and in the manner specified in the notice, any relevant information specified in the notice for the purposes of monitoring compliance with this Law.\n\n(2) The time specified in the notice must not be less than 14 days from the date the notice is issued.\n\nSch. s. 206B inserted by No. 53/2025 s. 98.\n\n\t206B Power of authorised officers to obtain information, documents and evidence from former provider for purposes of related provider determinations\n\n(1) For the purposes of a related provider determination, an authorised officer, by written notice, may require a former provider to provide to the authorised officer any relevant information specified in the notice.\n\n(2) A former provider who is required to provide information under subsection (1) must provide that information—\n\n(a) in writing signed by that former provider or, if the former provider is not an individual, by a competent officer of that former provider; and\n\n(b) within the time specified in the notice; and\n\n(c) in the manner 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\nDivision 4—Offences relating to enforcement\n\nSch. s. 207 amended by Nos 43/2022 s. 87, 53/2025 s. 48.\n\n","sortOrder":287},{"sectionNumber":"207","sectionType":"section","heading":"Offence to obstruct authorised officer","content":"\t207 Offence to obstruct authorised officer\n\nA person must not obstruct an authorised officer in exercising his or her powers under this Law.\n\nSch. s. 208 amended by Nos 43/2022 s. 88, 53/2025 s. 49.\n\n","sortOrder":288},{"sectionNumber":"208","sectionType":"section","heading":"Offence to fail to assist authorised officer","content":"\t208 Offence to fail to assist authorised officer\n\nA 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\nSch. s. 209 amended by Nos 43/2022 s. 89, 53/2025 s. 50.\n\n","sortOrder":289},{"sectionNumber":"209","sectionType":"section","heading":"Offence to destroy or damage notices or documents","content":"\t209 Offence to destroy or damage notices or documents\n\nA person must not, without lawful authority, destroy or damage any notice or document given or prepared or kept under this Law.\n\nSch. s. 210 amended by Nos 43/2022 s. 90, 53/2025 s. 51.\n\n","sortOrder":290},{"sectionNumber":"210","sectionType":"section","heading":"Offence to impersonate authorised officer","content":"\t210 Offence to impersonate authorised officer\n\nA person must not impersonate an authorised officer.\n\nPenalty: $27 300.\n\n","sortOrder":291},{"sectionNumber":"211","sectionType":"section","heading":"Protection against self incrimination","content":"\t211 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\nSch. s. 211(2)(c) amended by No. 53/2025 s. 99.\n\n(c) anything required to be done under section 215, 216, 216A or 216B.\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.\n\n","sortOrder":292},{"sectionNumber":"212","sectionType":"section","heading":"Warning to be given","content":"\t212 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.\n\n","sortOrder":293},{"sectionNumber":"213","sectionType":"section","heading":"Occupier's consent to search","content":"\t213 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.\n\nDivision 5—Powers of Regulatory Authority\n\n","sortOrder":294},{"sectionNumber":"214","sectionType":"section","heading":"Powers of Regulatory Authority to obtain information for rating purposes","content":"\t214 Powers of Regulatory Authority to obtain information for rating purposes\n\nThe Regulatory Authority may, for the purpose of a rating assessment—\n\n(a) ask the approved provider of the approved education and care service for any information and documents; and\n\n(b) make any inquiries it considers appropriate.\n\n","sortOrder":295},{"sectionNumber":"215","sectionType":"section","heading":"Power of Regulatory Authority to obtain information, documents and evidence by notice","content":"\t215 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(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\nSch. s. 215(6) substituted by No. 53/2025 s. 8.\n\n(6) In this section, ***specified person*** means—\n\n(a) a person who is or has been an approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or\n\n(b) a person who is or has been a family day care educator; or\n\n(c) a recruitment agency.\n\n","sortOrder":296},{"sectionNumber":"216","sectionType":"section","heading":"Power of Regulatory Authority to obtain information, documents and evidence at education and care service","content":"\t216 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(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).\n\nSch. s. 216A inserted by No. 53/2025 s. 100.\n\n\t216A Power of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination\n\n(1) For the purposes of making a related provider determination in relation to an approved provider, the Regulatory Authority, by written notice, may  require the approved provider—\n\n(a) to provide to the Regulatory Authority, in writing signed by that provider or, if the provider is not an individual, by a competent officer of that provider, 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(a) warn the approved provider that failure or refusal to comply with the notice may constitute an offence; and\n\n(b) warn the provider about the effect of sections 217, 218 and 219.\n\n(3) 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 (1)(c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation.\n\n(4) The approved provider may give evidence under subsection (1)(c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the provider to give that evidence in person.\n\nSch. s. 216B inserted by No. 53/2025 s. 100.\n\n\t216B Power of Regulatory Authority to obtain information, documents and evidence from specified person at education and care service for the purposes of a related provider determination\n\n(1) For the purposes of making a related provider determination in relation to an approved provider or former provider, the Regulatory Authority, by written notice, 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 related provider determination; 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 related provider determination.\n\n(2) The Regulatory Authority must—\n\n(a) warn the person that failure or refusal to comply with the requirement may constitute an offence; and\n\n(3) The Regulatory Authority must not require a specified person to remain at the education and care service for more than a reasonable time for the purposes of providing information or producing documents under subsection (1).\n\n***specified person*** means a person who is or has been—\n\n(a) a nominated supervisor of an education and care service; or\n\n(b) a staff member of an education and care service; or\n\n(c) a volunteer at an education and care service.\n\nSch. s. 216C inserted by No. 53/2025 s. 100.\n\n","sortOrder":297},{"sectionNumber":"216C","sectionType":"section","heading":"Approved provider that is a related provider must disclose certain information to Regulatory Authority","content":"\t216C Approved provider that is a related provider must disclose certain information to Regulatory Authority\n\nAt the request of the Regulatory Authority, an approved provider who is a related provider must disclose to the Regulatory Authority within 14 days after the Regulatory Authority's request—\n\n(a) details of any arrangement entered into by the provider relating to the provider's governance or the operation of an education and care service by the provider; and\n\n(b) the prescribed information relating to the approved provider's ownership or operation.\n\nSch. s. 217 amended by Nos 43/2022 s. 91, 53/2025 ss 52, 101.\n\n","sortOrder":298},{"sectionNumber":"217","sectionType":"section","heading":"Offence to fail to comply with notice or requirement","content":"\t217 Offence to fail to comply with notice or requirement\n\nA person must not refuse or fail to comply with a requirement under section 215, 216, 216A or 216B to the extent that the person is capable of complying with that requirement.\n\nSch. s. 218 amended by Nos 43/2022 s. 92, 53/2025 ss 53, 102.\n\n","sortOrder":299},{"sectionNumber":"218","sectionType":"section","heading":"Offence to hinder or obstruct Regulatory Authority","content":"\t218 Offence to hinder or obstruct Regulatory Authority\n\nA person must not obstruct or hinder the Regulatory Authority in exercising a power under section 215, 216, 216A or 216B.\n\n","sortOrder":300},{"sectionNumber":"219","sectionType":"section","heading":"Self incrimination not an excuse","content":"\t219 Self incrimination not an excuse\n\nSch. s. 219(1) amended by No. 53/2025 s. 103(1).\n\n(1) A person is not excused from complying with a notice or requirement under section 215, 216, 216A or 216B 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\nSch. s. 219(4) def. of *disclosed information* amended by No. 53/2025 s. 103(2).\n\n***disclosed information*** means—\n\n(a) the answer by an individual to any question asked under section 215, 216, 216A or 216B; or\n\n(b) the provision by an individual of any information in compliance with section 215, 216, 216A or 216B; or\n\n(c) any information obtained directly or indirectly because of that answer or the provision of that information.\n\nPart 10—Ministerial Council\n\n","sortOrder":301},{"sectionNumber":"220","sectionType":"section","heading":"Functions of Ministerial Council","content":"\t220 Functions of Ministerial Council\n\n(1) The Ministerial Council has the following functions under this Law—\n\n(a) to oversee the implementation and administration of the National Quality Framework;\n\n(b) to promote uniformity in the application and enforcement of the National Quality Framework;\n\n(c) to review and approve the National Quality Standard and set specific standards for education and care services and classes of education and care services;\n\n(d) to review and approve the rating level system to be used in rating education and care services;\n\n(e) to review and approve the fee structure under this Law;\n\n(f) to review and approve new learning frameworks for the purposes of this Law;\n\n(g) to monitor the implementation and operation of, and recommend or approve amendments to, this Law;\n\n(h) to monitor the implementation and operation of the national regulations;\n\n(i) to review the education and care services to which this Law applies and recommend, or amend the national regulations to provide for, the inclusion of new classes of education and care services under this Law;\n\n(j) to appoint the members of the Board;\n\n(k) to monitor and review the performance of the National Authority;\n\n(l) any other functions given to the Ministerial Council by or under this Law.\n\n(2) The Ministerial Council must have regard to the objectives and guiding principles of the National Quality Framework in carrying out its functions.\n\n","sortOrder":302},{"sectionNumber":"221","sectionType":"section","heading":"Powers of Ministerial Council","content":"\t221 Powers of Ministerial Council\n\nThe Ministerial Council may—\n\n(a) make recommendations to the Board in relation to the exercise of the National Authority's functions under this Law; and\n\n(b) refer any matter to the Board for consideration and advice; and\n\n(c) make regulations in accordance with this Law; and\n\n(d) do anything necessary or convenient to be done in carrying out its functions.\n\n","sortOrder":303},{"sectionNumber":"222","sectionType":"section","heading":"Directions","content":"\t222 Directions\n\n(1) The Ministerial Council may give directions to the Board in relation to the carrying out of the National Authority's functions under this Law, including the following—\n\n(a) reporting and accountability to the Ministerial Council and Regulatory Authorities;\n\n(b) the application of the National Quality Framework;\n\n(c) the rating level system to be used in rating education and care services;\n\n(d) the collection and use of information.\n\n(2) The Ministerial Council may give directions to a Regulatory Authority with respect to the administration of the National Quality Framework.\n\n(3) A direction under this section cannot be about—\n\n(a) a particular person or education and care service; or\n\n(b) a particular application, approval, notification, assessment or proceeding; or\n\n(c) the determination of a rating for a particular education and care service.\n\n(4) A direction must be in writing.\n\n(5) A direction must not be inconsistent with this Law.\n\n(6) A direction is not a legislative instrument or an instrument of a legislative character.\n\n(7) A direction to the Board under this section must be given to the Chairperson of the Board.\n\n(8) The Board or a Regulatory Authority must comply with a direction given to the Board or the Authority by the Ministerial Council under this section.\n\n","sortOrder":304},{"sectionNumber":"223","sectionType":"section","heading":"How Ministerial Council exercises powers","content":"\t223 How Ministerial Council exercises powers\n\n(1) The Ministerial Council is to give a direction for the purposes of this Law by resolution of the Council passed in accordance with procedures determined by the Council.\n\n(2) An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council's membership.\n\nPart 11—Australian Children's Education and Care Quality Authority\n\nDivision 1—The National Authority\n\n\t224 National Authority\n\n(1) The Australian Children's Education and Care Quality Authority is established.\n\n(2) The National Authority—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) has a common seal; and\n\n(c) may sue and be sued in its corporate name.\n\n(3) The National Authority represents the State.\n\n","sortOrder":305},{"sectionNumber":"225","sectionType":"section","heading":"Functions of National Authority","content":"\t225 Functions of National Authority\n\n(1) The functions of the National Authority are as follows—\n\n(a) to guide the implementation and administration of the National Quality Framework and to monitor and promote consistency in its implementation and administration;\n\n(b) to report to and advise the Ministerial Council on the National Quality Framework;\n\n(c) to report to the Regulatory Authorities and the relevant Commonwealth Department in relation to the following—\n\n(i) the collection of information under this Law;\n\n(ii) the evaluation of the National Quality Framework;\n\n(d) to establish consistent, effective and efficient procedures for the operation of the National Quality Framework;\n\n(e) to determine the arrangements for national auditing for the purposes of this Law;\n\n(f) to keep national information on the assessment, rating and regulation of education and care services;\n\nSch. s. 225(1)(g)  substituted by No. 9/2017 s. 59(a).\n\n(g) to establish and maintain national registers of approved providers and approved education and care services and to publish those registers;\n\nSch. s. 225(1)(ga) inserted by No. 53/2025 s. 104.\n\n(ga) to establish, maintain and publish the National Early Childhood Worker Register;\n\n(h) to promote and foster continuous quality improvement by approved education and care services;\n\n(i) to publish, monitor and review ratings of approved education and care services;\n\n(j) to make determinations with respect to the highest level of rating for approved education and care services;\n\n(k) in conjunction with the Regulatory Authorities, to educate and inform education and care services and the community about the National Quality Framework;\n\n(l) to publish guides and resources—\n\n(i) to support parents and the community in understanding quality in relation to education and care services; and\n\n(ii) to support the education and care services sector in understanding the National Quality Framework;\n\n(m) to publish information about the implementation and administration of the National Quality Framework and its effect on developmental and educational outcomes for children;\n\n(n) to publish practice notes and guidelines for the application of this Law;\n\nSch. s. 225(1)(o) substituted by No. 9/2017 s. 59(b).\n\n(o) to provide support and training for staff of Regulatory Authorities;\n\n  (p) to determine the qualifications required to be held by educators, including the assessment of equivalent qualifications;\n\n(q) any other function given to the National Authority by or under this Law.\n\n(2) In carrying out its functions, the National Authority must ensure that the regulatory burden on education and care services is minimised as far as possible.\n\n(3) In carrying out its functions, the National Authority must have regard to the objectives and guiding principles of the National Quality Framework.\n\n","sortOrder":306},{"sectionNumber":"226","sectionType":"section","heading":"National Authority may advise and seek guidance of Ministerial Council","content":"\t226 National Authority may advise and seek guidance of Ministerial Council\n\nThe National Authority may provide advice to and seek the guidance of the Ministerial Council if the National Authority considers it necessary in carrying out its functions under this Law.\n\n","sortOrder":307},{"sectionNumber":"227","sectionType":"section","heading":"Powers of National Authority","content":"\t227 Powers of National Authority\n\n(1) The National Authority has all the powers of an individual and, in particular, may—\n\n(a) enter into contracts; and\n\n(b) acquire, hold, dispose of, and deal with, real and personal property; and\n\n(c) borrow and invest money; and\n\n(d) develop and supply resources and consultancy services to the education and care sector on a commercial basis; and\n\n(e) do anything necessary or convenient to be done in carrying out its functions.\n\n(2) Without limiting subsection (1), the National Authority may—\n\n(a) collect, hold and use information obtained under this Law by the National Authority or a Regulatory Authority about the provision of education and care to children including information about outcomes for children and about providers of education and care services in each participating jurisdiction; and\n\nSee section 270, which provides for the National Authority to publish information about approved providers.\n\n(b) develop protocols for communication and dispute resolution among the National Authority, the Regulatory Authorities and the relevant Commonwealth Department to provide for consistency in the implementation and administration of the National Quality Framework; and\n\n(c) collect, waive, reduce, defer and refund fees and enter into agreements in relation to fees in accordance with the national regulations; and\n\n(d) enter into agreements in relation to fees and funding with the Regulatory Authorities; and\n\n(e) undertake research and evaluation activities for the purpose of its functions under this Law.\n\n","sortOrder":308},{"sectionNumber":"228","sectionType":"section","heading":"Co-operation with participating jurisdictions and Commonwealth","content":"\t228 Co-operation with participating jurisdictions and Commonwealth\n\n(1) The National Authority may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—\n\n(a) a government agency of a participating jurisdiction or of the Commonwealth; or\n\n(b) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth; or\n\n(c) a prescribed body or body in a prescribed class of bodies.\n\n(2) In particular, the National Authority may—\n\n(a) ask a person or body referred to in subsection (1) for information that the Authority requires to carry out its functions under this Law; and\n\n(b) use the information to carry out its functions under this Law.\n\n(3) A person or body referred to in subsection (1) that receives a request for information from the National Authority is authorised to give the information to the National Authority.\n\n","sortOrder":309},{"sectionNumber":"229","sectionType":"section","heading":"National audit functions","content":"\t229 National audit functions\n\n(1) The National Authority is to undertake national audits of the administration of the National Quality Framework and—\n\n(a) review the findings of the national audit processes; and\n\n(b) evaluate trends in the administration of the National Quality Framework across participating jurisdictions; and\n\n(c) advise the Regulatory Authorities about the outcomes of the national audit processes and its evaluations; and\n\n(d) report to the Ministerial Council on the outcomes of the national audit and evaluation processes.\n\n(2) The audits are to be undertaken at the intervals, and by the means, determined by the National Authority.\n\nDivision 2—The Board of the National Authority\n\nSubdivision 1—Establishment and responsibilities\n\n\t230 National Authority Board\n\nThe National Authority has a governing body known as the Australian Children's Education and Care Quality Authority Board.\n\n","sortOrder":310},{"sectionNumber":"231","sectionType":"section","heading":"Responsibilities of Board","content":"\t231 Responsibilities of Board\n\n(1) The affairs of the National Authority are to be controlled by the Board.\n\n(2) The Board has all the powers and duties and all the functions of the National Authority.\n\n(3) All acts and things done in the name of, or on behalf of, the National Authority by or with the authority of the Board are taken to have been done by the National Authority.\n\n(4) The Board must ensure that the National Authority carries out its functions and duties and exercises its powers in a proper, effective and efficient way.\n\n(5) The Board has any other functions given to it under this Law.\n\n(6) Any report to the Ministerial Council under this Law is to be made by or through the Board.\n\n(7) The Board must act in accordance with any directions given to the National Authority by the Ministerial Council under section 222.\n\n(8) The Board must work collaboratively with the Regulatory Authorities and the relevant Commonwealth Department to support and promote the National Quality Framework.\n\n","sortOrder":311},{"sectionNumber":"232","sectionType":"section","heading":"Membership of Board","content":"\t232 Membership of Board\n\n(1) The Board consists of up to 13 members appointed by consensus of the Ministerial Council.\n\n(2) The Ministerial Council must appoint by consensus one person to be the Chairperson of the Board.\n\n(3) One member is to be appointed for each State and Territory from 2 persons nominated by each State or Territory Minister on the Ministerial Council.\n\n(4) The Commonwealth Minister may nominate up to 8 persons for appointment to the Board.\n\n(5) Four of the persons nominated under subsection (4) must be appointed to the Board.\n\n(6) The Ministerial Council must appoint by consensus one of the members referred to in subsection (3) or (5) to be the Deputy Chairperson of the Board.\n\n(7) The members appointed to the Board must have professional skills and expertise in one or more of the following areas—\n\n(a) assessment of quality in education and care services or other relevant services;\n\n(b) early childhood development;\n\n(c) labour market and workforce participation and development;\n\n(d) best practice regulation;\n\n(e) financial management and corporate governance;\n\n(f) research, evaluation and performance;\n\n(g) any other areas of skill determined by the Ministerial Council.\n\n(8) In appointing members of the Board, the Ministerial Council must have regard to the need for the Board to have an appropriate balance of skills and expertise among its members.\n\nSubdivision 2—Members\n\n","sortOrder":312},{"sectionNumber":"233","sectionType":"section","heading":"Terms of office of members","content":"\t233 Terms of office of members\n\n(1) Subject to this Subdivision, members of the Board hold office on the terms and conditions determined by the Ministerial Council.\n\n(2) Subject to this Subdivision, a member of the Board holds office for a period, being not more than 3 years, specified in the member's appointment.\n\n(3) A member may be reappointed for a further period of not more than 3 years.\n\n(4) The maximum consecutive period of appointment of a member is 2 terms.\n\n","sortOrder":313},{"sectionNumber":"234","sectionType":"section","heading":"Remuneration","content":"\t234 Remuneration\n\nThe remuneration and allowances (if any) to be paid to members of the Board are to be determined from time to time by the Ministerial Council.\n\n","sortOrder":314},{"sectionNumber":"235","sectionType":"section","heading":"Vacancy in the office of member","content":"\t235 Vacancy in the office of member\n\n(1) The office of a member of the Board becomes vacant if the member—\n\n(a) completes a term of office; or\n\n(b) resigns the office by instrument addressed to the Chairperson of the Board; or\n\n(c) is removed from office by the Ministerial Council under this section; or\n\n(d) in the case of the Chairperson of the Board, is absent, without leave first being granted by the Chairperson of the Ministerial Council, from 3 or more consecutive meetings of the Board; or\n\n(e) in the case of any other member, is absent, without leave first being granted by the Chairperson of the Board, from 3 or more consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post; or\n\n(f) dies.\n\n(2) The Chairperson of the Ministerial Council may remove a member of the Board from office if—\n\n(a) the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or\n\n(b) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit; or\n\n(c) the Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed, or is unable, to properly carry out the member's functions as a member.\n\n(3) The Chairperson of the Board may resign by written notice addressed to the Chairperson of the Ministerial Council.\n\n(4) A resignation takes effect on the day that it is received by the Chairperson of the Board or the Chairperson of the Ministerial Council (as the case requires) or a later day specified in the notice of resignation.\n\n(5) If the office of a member of the Board becomes vacant, the Chairperson of the Board must notify the Chairperson of the Ministerial Council of the vacancy.\n\n(6) If the office of the Chairperson of the Board becomes vacant, the Deputy Chairperson of the Board must notify the Chairperson of the Ministerial Council of the vacancy.\n\n","sortOrder":315},{"sectionNumber":"236","sectionType":"section","heading":"Acting positions","content":"\t236 Acting positions\n\n(1) The Deputy Chairperson of the Board is to act as the Chairperson of the Board—\n\n(a) during a vacancy in the office of Chairperson; or\n\n(b) during any period that the Chairperson—\n\n(i) is absent from duty; or\n\n(ii) is, for any reason, unable to carry out the duties of that office.\n\n(2) While the Deputy Chairperson of the Board is acting in the office of Chairperson—\n\n(a) he or she has all the powers and functions of the Chairperson; and\n\n(b) this Law and other laws apply to the Deputy Chairperson as if he or she were Chairperson.\n\n(3) Anything done by or in relation to the Deputy Chairperson when purporting to act in the office of Chairperson is not invalid merely because the occasion for the Deputy Chairperson to act had not arisen or had ceased.\n\n(4) The Ministerial Council may, by consensus, appoint a member of the Board to be the Deputy Chairperson of the Board—\n\n(a) during a vacancy in the office of Deputy Chairperson; or\n\n(b) during any period that the Deputy Chairperson—\n\n(i) is acting as the Chairperson; or\n\n(ii) is absent from duty; or\n\n(iii) is, for any reason, unable to carry out the duties of that office.\n\n(5) A person nominated by a Minister on the Ministerial Council may, with the approval of the Chairperson of the Board, act as a member of the Board in the place of the member appointed on the nomination of that Minister if that member is unable to attend a meeting of the Board.\n\n","sortOrder":316},{"sectionNumber":"237","sectionType":"section","heading":"Leave of absence","content":"\t237 Leave of absence\n\n(1) The Chairperson of the Ministerial Council may grant the Chairperson of the Board a leave of absence on the terms and conditions determined by the Chairperson of the Ministerial Council.\n\n(2) The Chairperson of the Board may grant leave of absence to any other member of the Board on the terms and conditions determined by the Chairperson of the Board.\n\n(3) The Chairperson of the Board must notify the Chairperson of the Ministerial Council if the Chairperson of the Board grants to a member a leave of absence of more than 6 months.\n\n(4) If a member of the Board has been granted a leave of absence of 3 months or more, the Ministerial Council may appoint a person nominated by the Minister who nominated the member to act as a member of the Board in the place of the member during that leave of absence.\n\n","sortOrder":317},{"sectionNumber":"238","sectionType":"section","heading":"Disclosure of conflict of interest","content":"\t238 Disclosure of conflict of interest\n\n(1) If—\n\n(a) a member of the Board has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Board; and\n\n(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter—\n\nthe member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Board.\n\n(2) Particulars of any disclosure made under subsection (1) must be recorded by the Board.\n\n(3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Board otherwise determines—\n\n(a) be present during any deliberation of the Board with respect to the matter; or\n\n(b) take part in any decision of the Board with respect to the matter; or\n\n(c) be provided with any written material in relation to the matter.\n\n(4) For the purposes of the making of a determination by the Board under subsection (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—\n\n(a) be present during any deliberation of the Board for the purpose of making the determination; or\n\n(b) take part in the making of the determination by the Board.\n\n(5) A contravention of this section does not invalidate any decision of the Board.\n\nSubdivision 3—Procedure of Board\n\n","sortOrder":318},{"sectionNumber":"239","sectionType":"section","heading":"General procedure","content":"\t239 General procedure\n\n(1) The Board must hold such meetings as are necessary for it to perform its functions.\n\n(2) Subject to this Law, the procedure for the calling of meetings of the Board and for the conduct of business at those meetings is to be as determined by the Board.\n\n(3) The Chairperson of the Board may convene any meetings of the Board that are, in his or her opinion, necessary for the efficient performance of the functions of the Board.\n\n(4) The Chairperson of the Board must convene a meeting of the Board at the written request of the Ministerial Council.\n\n(5) The Board must keep minutes of its meetings.\n\n","sortOrder":319},{"sectionNumber":"240","sectionType":"section","heading":"Quorum","content":"\t240 Quorum\n\nThe quorum for a meeting of the Board is 9 members of whom—\n\n(a) one must be the Chairperson or Deputy Chairperson; and\n\n(b) five must be members appointed on the nomination of State and Territory Ministers; and\n\n(c) one may be a member appointed on the nomination of the Commonwealth Minister.\n\n","sortOrder":320},{"sectionNumber":"241","sectionType":"section","heading":"Chief executive officer may attend meetings of the Board","content":"\t241 Chief executive officer may attend meetings of the Board\n\n(1) The chief executive officer of the National Authority, subject to the policies and procedures of the Board, may attend meetings of the Board and participate in its deliberations but—\n\n(a) is not a member of the Board; and\n\n(b) is not entitled to vote at a meeting of the Board.\n\n(2) Section 238 applies to the chief executive officer in relation to attendance at meetings of the Board as if the chief executive officer were a member of the Board.\n\n","sortOrder":321},{"sectionNumber":"242","sectionType":"section","heading":"Presiding member","content":"\t242 Presiding member\n\nThe Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson) is to preside at a meeting of the Board.\n\n","sortOrder":322},{"sectionNumber":"243","sectionType":"section","heading":"Voting","content":"\t243 Voting\n\n(1) At a meeting of the Board each member will have a deliberative vote.\n\n(2) A decision supported by a majority of the votes cast at the meeting of the Board at which a quorum is present is the decision of the Board.\n\n(3) In the event of an equality of votes the Chairperson (or the Deputy Chairperson if the Chairperson is not present), will have a second or casting vote.\n\n(4) The Board must keep a record of all decisions made at a meeting.\n\n(5) If a decision of the Board to recommend a matter to the Ministerial Council is not arrived at unanimously, the Chairperson of the Board must advise the Ministerial Council of the reasons for and extent of the minority opinions.\n\n","sortOrder":323},{"sectionNumber":"244","sectionType":"section","heading":"Defects in appointment of members","content":"\t244 Defects in appointment of members\n\nA decision of the Board is not invalidated by any defect or irregularity in the appointment of any member (or acting member) of the Board.\n\n","sortOrder":324},{"sectionNumber":"245","sectionType":"section","heading":"Transaction of business by alternative means","content":"\t245 Transaction of business by alternative means\n\n(1) The Board may, if it thinks fit, transact any of its business by the provision of papers to all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of the members constituting a quorum of the Board is taken to be a decision of the Board.\n\n(2) The Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n\n(3) For the purposes of—\n\n(a) the approval of a resolution under subsection (1); or\n\n(b) a meeting held in accordance with subsection (2)—\n\nthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Board.\n\n(4) Papers may be circulated among the members for the purposes of subsection (1) by facsimile, email or other transmission of the information in the papers concerned.\n\n","sortOrder":325},{"sectionNumber":"246","sectionType":"section","heading":"Delegation by Board","content":"\t246 Delegation by Board\n\n(1) The Board may, in writing, delegate any of its functions, powers or duties to—\n\n(a) a Regulatory Authority; or\n\n(b) the chief executive of an entity or the head of a government department of a participating jurisdiction nominated by the member of the Ministerial Council who represents that jurisdiction; or\n\n(c) the chief executive officer of the National Authority; or\n\n(d) a committee established by the Board; or\n\n(e) any other entity with the approval of the Ministerial Council.\n\n(2) Subject to the delegation under subsection (1), a chief executive of an entity or head of a government department may subdelegate a delegated function, power or duty to a member of staff of the entity or department.\n\n(3) The chief executive officer of the National Authority may subdelegate a delegated power, function or duty to a member of the staff of the National Authority.\n\n","sortOrder":326},{"sectionNumber":"247","sectionType":"section","heading":"Committees","content":"\t247 Committees\n\n(1) The Board may establish committees to assist it in carrying out its functions.\n\n(2) The Board must determine—\n\nSch. s. 247(2)(a) amended by No. 80/2011 s. 73(a).\n\n(a) the membership and functions of a committee; and\n\n(b) the procedure at or in relation to meetings of the committee including—\n\n(i) the convening of meetings; and\n\n(ii) the quorum for meetings; and\n\n(iii) the selection of a committee member to be the chairperson of the committee; and\n\nSch. s. 247(2)(b)(iv) amended by No. 80/2011 s. 73(b).\n\n(iv) the manner in which questions arising at meetings of the committee are to be decided; and\n\n(c) the procedures for reporting to the Board.\n\n(3) A committee must give the Board any reports, documents and information relating to the committee's functions and activities that the Board requests.\n\n(4) The Board must report to the Ministerial Council on any committees it establishes.\n\n","sortOrder":327},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Chief executive officer of the National Authority","content":"\tSubdivision 4—Chief executive officer of the National Authority\n\n","sortOrder":328},{"sectionNumber":"248","sectionType":"section","heading":"Chief executive officer","content":"\t248 Chief executive officer\n\n(1) Subject to this section, the Chairperson of the Board is to appoint a person as chief executive officer of the National Authority.\n\n(2) The appointment may only be made after the Ministerial Council has first endorsed the appointment on the recommendation of the Board.\n\n","sortOrder":329},{"sectionNumber":"249","sectionType":"section","heading":"Functions of chief executive officer","content":"\t249 Functions of chief executive officer\n\nSch. s. 249(1)  amended by No. 9/2017 s. 60.\n\n(1) The chief executive officer is responsible for the day-to-day management of the affairs of the National Authority.\n\n(2) The chief executive officer has any other functions given to him or her or delegated to him or her under this Law.\n\n(3) Subject to this Law, the chief executive officer must comply with the directions and policies of the Board in carrying out his or her functions.\n\n(4) The chief executive officer is to report to the Board.\n\n(5) The chief executive officer must manage the affairs of the National Authority in a way that—\n\n(a) promotes the effective use of the resources of the National Authority; and\n\n(b) is consistent with this Law.\n\n(6) The chief executive officer must work collaboratively with the Regulatory Authorities and the relevant Commonwealth Department to support and promote the National Quality Framework.\n\n","sortOrder":330},{"sectionNumber":"250","sectionType":"section","heading":"Terms and conditions of appointment","content":"\t250 Terms and conditions of appointment\n\n(1) The chief executive officer of the National Authority is to be appointed for a period, not more than 3 years, specified in the officer's appointment, but is eligible for reappointment.\n\n(2) A member of the Board cannot be appointed as chief executive officer.\n\n(3) Subject to this Law, the chief executive officer holds office subject to any terms and conditions that are decided by the Board.\n\n(4) The chief executive officer must not engage in paid employment outside the duties of his or her office without the approval of the Chairperson of the Board.\n\n(5) The Chairperson of the Board must notify the Chairperson of the Ministerial Council of any approval given under subsection (4).\n\n(6) The chief executive officer of the National Authority is taken, while holding that office, to be a member of the staff of the National Authority.\n\n","sortOrder":331},{"sectionNumber":"251","sectionType":"section","heading":"Remuneration","content":"\t251 Remuneration\n\nThe chief executive officer is to be paid the remuneration and allowances decided by the Board.\n\n","sortOrder":332},{"sectionNumber":"252","sectionType":"section","heading":"Vacancy in office","content":"\t252 Vacancy in office\n\nThe office of the chief executive officer of the National Authority becomes vacant if—\n\n(a) the chief executive officer resigns from office by written notice addressed to the Chairperson of the Board; or\n\n(b) the appointment of the chief executive officer is terminated by the Board under this Law; or\n\n(c) the chief executive officer dies.\n\n","sortOrder":333},{"sectionNumber":"253","sectionType":"section","heading":"Resignation","content":"\t253 Resignation\n\n(1) The chief executive officer may resign the office by written notice addressed to the Chairperson of the Board.\n\n(2) The resignation takes effect on the day that it is received by the Chairperson of the Board or a later day specified in the notice of resignation.\n\n(3) The Chairperson of the Board must notify the Ministerial Council of that resignation.\n\n","sortOrder":334},{"sectionNumber":"254","sectionType":"section","heading":"Termination of appointment","content":"\t254 Termination of appointment\n\n(1) The Board may terminate the appointment of the chief executive officer—\n\n(a) for misconduct or for physical or mental incapacity that significantly impacts on the ability of the chief executive officer to perform the role; or\n\n(b) if the Board is satisfied that the performance of the chief executive officer has been unsatisfactory; or\n\nSch. s. 254(1)(c) amended by No. 80/2011 s. 74.\n\n(c) if the chief executive officer engages in paid employment outside the duties of his or her office without the approval of the Chairperson of the Board; or\n\n(d) if the chief executive officer has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Board, makes the chief executive officer unfit to continue to be appointed.\n\n(2) The Board must terminate the appointment of the chief executive officer if the chief executive officer—\n\n(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the chief executive officer's creditors or makes an assignment of the chief executive officer's remuneration for their benefit; or\n\n(b) is absent, except on a leave of absence approved by the Chairperson of the Board, for 14 consecutive days or for 28 days in any period of 12 months; or\n\n(c) fails, without reasonable excuse, to comply with section 256.\n\n(3) The Chairperson of the Board must notify the Chairperson of the Ministerial Council of the termination of the appointment of the chief executive officer.\n\n","sortOrder":335},{"sectionNumber":"255","sectionType":"section","heading":"Acting chief executive officer","content":"\t255 Acting chief executive officer\n\n(1) The Board may appoint a person to act as the chief executive officer—\n\n(a) during any vacancy in the office of chief executive officer; or\n\n(b) during any period that the chief executive officer—\n\n(i) is absent from duty; or\n\n(ii) is, for any reason, unable to perform the duties of that office.\n\n(2) The period of the acting appointment must not exceed 6 months.\n\n","sortOrder":336},{"sectionNumber":"256","sectionType":"section","heading":"Disclosure of interests","content":"\t256 Disclosure of interests\n\nThe chief executive officer must give written notice to the Chairperson of the Board as soon as possible of any direct or indirect personal or pecuniary interest that the chief executive officer has, or acquires, or may acquire, that conflicts or could conflict with the proper carrying out of the chief executive officer's functions.\n\n","sortOrder":337},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Staff, consultants and contractors","content":"Subdivision 5—Staff, consultants and contractors\n\n","sortOrder":338},{"sectionNumber":"257","sectionType":"section","heading":"Staff of National Authority","content":"\t257 Staff of National Authority\n\n(1) The National Authority may, for the purpose of carrying out its functions, employ staff.\n\n(2) The staff of the National Authority are to be employed on the terms and conditions determined by the National Authority from time to time.\n\n(3) Subsection (2) is subject to any relevant industrial award or agreement that applies to the staff.\n\n","sortOrder":339},{"sectionNumber":"258","sectionType":"section","heading":"Staff seconded to National Authority","content":"\t258 Staff seconded to National Authority\n\nThe National Authority may, in consultation with the relevant Regulatory Authority or the relevant Commonwealth Department, make arrangements for the secondment of staff.\n\n","sortOrder":340},{"sectionNumber":"259","sectionType":"section","heading":"Consultants and contractors","content":"\t259 Consultants and contractors\n\n(1) The National Authority may engage persons with suitable qualifications and experience as consultants or contractors.\n\n(2) The terms and conditions of engagement of consultants or contractors are as decided by the National Authority from time to time.\n\nPart 12—Regulatory Authority\n\n","sortOrder":341},{"sectionNumber":"260","sectionType":"section","heading":"Functions of Regulatory Authority","content":"\t260 Functions of Regulatory Authority\n\nThe Regulatory Authority has the following functions under this Law in relation to this jurisdiction—\n\n(a) to administer the National Quality Framework;\n\n(b) to assess approved education and care services against the National Quality Standard and the national regulations and determine the ratings of those services;\n\n(c) to monitor and enforce compliance with this Law;\n\n(d) to receive and investigate complaints arising under this Law;\n\n(e) in conjunction with the National Authority and the relevant Commonwealth Department, to educate and inform education and care services and the community in relation to the National Quality Framework;\n\n(f) to work in collaboration with the National Authority to support and promote continuous quality improvements in education and care services;\n\n(g) to undertake information collection, review and reporting for the purposes of—\n\n(i) the regulation of education and care services; and\n\n(ii) reporting on the administration of the National Quality Framework; and\n\n(iii) the sharing of information under this Law;\n\n(h) any other functions conferred on the Regulatory Authority under this Law.\n\n","sortOrder":342},{"sectionNumber":"261","sectionType":"section","heading":"Powers of Regulatory Authority","content":"\t261 Powers of Regulatory Authority\n\n(1) The Regulatory Authority has the power to do all things that are necessary or convenient to be done for, or in connection with, or that are incidental to the carrying out of its functions under this Law.\n\n(2) Without limiting subsection (1), the Regulatory Authority has the following powers under this Law in relation to this jurisdiction—\n\n(a) to collect, hold and use information obtained under this Law by the Regulatory Authority or the National Authority about the provision of education and care to children including information about outcomes for children and information about providers of education and care services in each participating jurisdiction;\n\nSch. s. 261(2)(b)  substituted by No. 9/2017 s. 53(4), amended by No. 53/2025 s. 105.\n\n(b) subject to the Privacy Act 1988 of the Commonwealth, to collect, hold and use information about providers of education and care services, nominated supervisors, staff members and volunteers;\n\nSch. s. 261(2)(c)  substituted by No. 9/2017 s. 53(4).\n\n(c) to maintain and publish registers of approved providers and approved education and care services;\n\n(d) to publish information about the National Quality Framework, including ratings and prescribed information about compliance with this Law;\n\n(e) to collect, waive, reduce, defer and refund fees (including late payment fees) and enter into agreements in relation to fees;\n\n(f) to enter into agreements relating to fees and funding with the National Authority;\n\n(g) to exercise any other powers conferred on it by this Law.\n\n","sortOrder":343},{"sectionNumber":"262","sectionType":"section","heading":"Delegations","content":"\t262 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.\n\nPart 13—Information, Records and Privacy\n\nDivision 1—Privacy\n\n\t263 Application of Commonwealth Privacy Act\n\n(1) The Privacy Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework.\n\n(2) For the purposes of subsection (1), the Privacy Act applies—\n\n(a) as if a reference to the Office of the Privacy Commissioner were a reference to the Office of the National Education and Care Services Privacy Commissioner; and\n\n(b) as if a reference to the Privacy Commissioner were a reference to the National Education and Care Services Privacy Commissioner; and\n\n(c) with any other modifications made by the national regulations.\n\n(3) Without limiting subsection (2)(c), the national regulations may—\n\n(a) provide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the national regulations were omitted; or\n\n(b) provide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or\n\n***Privacy Act*** means the Privacy Act 1988 of the Commonwealth, as in force from time to time.\n\nDivision 2—Application of Commonwealth FOI Act\n\n","sortOrder":344},{"sectionNumber":"264","sectionType":"section","heading":"Application of Commonwealth FOI Act","content":"\t264 Application of Commonwealth FOI Act\n\n(1) The FOI Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework.\n\n(2) For the purposes of subsection (1), the FOI Act applies—\n\nSch. s. 264(2)(a) amended by Nos 20/2017 s. 134(Sch. 1 item 7(a)), 13/2022 s. 12.\n\n(a) as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Education and Care Services Freedom of Information Commissioner; and\n\nSch. s. 264(2)(b) amended by No. 20/2017 s. 134(Sch. 1 item 7(b)).\n\n(b) as if a reference to the Information Commissioner were a reference to the National Education and Care Services Freedom of Information Commissioner; and\n\n(c) with any other modifications made by the national regulations.\n\n(a) provide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the national regulations were omitted; or\n\n(b) provide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or\n\n***FOI Act*** means the Freedom of Information Act 1982 of the Commonwealth, as in force from time to time.\n\nDivision 3—Application of New South Wales State Records Act\n\n","sortOrder":345},{"sectionNumber":"265","sectionType":"section","heading":"Application of State Records Act","content":"\t265 Application of State Records Act\n\n(1) The State Records Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework except to the extent that this Law applies to a Regulatory Authority and the records of a Regulatory Authority.\n\n(2) The national regulations may modify the State Records Act for the purposes of this Law.\n\n(a) provide that the State Records Act applies under subsection (1) as if a provision of the State Records Act specified in the national regulations were omitted; or\n\n(b) provide that the State Records Act applies under subsection (1) as if an amendment to the State Records Act made by a law of New South Wales, and specified in the national regulations, had not taken effect; or\n\n***State Records Act*** means the State Records Act 1998 of New South Wales, as in force from time to time.\n\nDivision 4—Registers\n\n","sortOrder":346},{"sectionNumber":"266","sectionType":"section","heading":"Register of approved providers","content":"\t266 Register of approved providers\n\n(1) The National Authority must keep a register of approved providers.\n\n(2) The register must contain—\n\n(a) the name of each approved provider; and\n\nSch. s. 266(2)(ab) inserted by No. 53/2025 s. 106.\n\n(ab) the name of each related provider of each approved provider; and\n\n(b) any other prescribed information.\n\n(3) The register of approved providers may be inspected at the office of the National Authority during normal office hours without charge.\n\n(4) A person may obtain a copy of, or extract from, the register of approved providers on payment of the prescribed fee.\n\n","sortOrder":347},{"sectionNumber":"267","sectionType":"section","heading":"Register of education and care services","content":"\t267 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.\n\n(4) A person may obtain a copy of, or extract from, the register of approved education and care services on payment of the prescribed fee.\n\n(5) The Regulatory Authority must provide a copy of the register of approved education and care services (as updated from time to time) to the National Authority and the relevant Commonwealth Department.\n\nSch. s. 268  amended by No. 80/2011 s. 75,  \nrepealed by No. 9/2017 s. 61.\n\nSch. s. 269 substituted by No. 9/2017 s. 62.\n\n","sortOrder":348},{"sectionNumber":"269","sectionType":"section","heading":"Register of family day care educators, co‑ordinators and assistants","content":"\t269 Register of family day care educators, co‑ordinators and assistants\n\nSch. s. 269(1) amended by Nos 43/2022 s. 93(1), 53/2025 s. 54(1).\n\n(1) The approved provider of a family day care service must keep a register at the principal office of the service that contains the prescribed information in respect of the following persons—\n\n(a) each family day care educator engaged by or registered with the service;\n\n(b) each family day care co-ordinator employed or engaged by the service;\n\n(c) each family day care educator assistant engaged by or registered with the service.\n\nSch. s. 269(2) amended by Nos 43/2022 s. 93(2), 53/2025 s. 54(2).\n\n(2) The approved provider must take reasonable steps to ensure that the information contained in the register is accurate.\n\nSch. s. 269(3) amended by Nos 43/2022 s. 93(3), 53/2025 s. 54(3).\n\n(3) The approved provider must provide any information on the register and any changes to the information on the register to the Regulatory Authority on request within 24 hours of the Regulatory Authority's request.\n\nSch. s. 269(4) inserted by No. 43/2022 s. 37, amended by No. 53/2025 s. 54(4).\n\n(4) The approved provider must keep the register in accordance with the prescribed requirements (if any).\n\nSch. Pt 13 Div. 4A (Heading and Sch. ss 269A–269H) inserted by No. 53/2025 s. 107.\n\n","sortOrder":349},{"sectionNumber":"Div 4A","sectionType":"division","heading":"National Early Childhood Worker Register","content":"\tDivision 4A—National Early Childhood Worker Register\n\nSch. s. 269A inserted by No. 53/2025 s. 107.\n\n","sortOrder":350},{"sectionNumber":"269A","sectionType":"section","heading":"Who is an *education and care service worker*?","content":"\t269A Who is an *education and care service worker*?\n\nIn this Division, each of the following is an ***education and care service worker***—\n\n(a) a nominated supervisor of an education and care service;\n\n(b) a staff member of an education and care service;\n\n(c) a volunteer at an education and care service.\n\nSch. s. 269B inserted by No. 53/2025 s. 107.\n\n","sortOrder":351},{"sectionNumber":"269B","sectionType":"section","heading":"National Early Childhood Worker Register","content":"\t269B National Early Childhood Worker Register\n\n(1) The National Authority must establish and maintain the National Early Childhood Worker Register.\n\n(2) The National Authority may include the following information in the National Early Childhood Worker Register about each education and care service worker—\n\n(a) the person's full name and any alias name or former name;\n\n(b) the person's address and telephone number;\n\n(c) the person's date of birth;\n\n(d) in relation to each education and care service where the education and care service worker is or has been employed, engaged or appointed—\n\n(i) the role in which the person is or has been employed, engaged or appointed in or as part of the service; and\n\n(ii) the name of the service; and\n\n(iii) the date that the person was employed, engaged or appointed in or as part of the service; and\n\n(iv) the date the person ceased to be employed, engaged or appointed in or as part of the service (if applicable); and\n\n(e) any other prescribed information.\n\nSch. s. 269C inserted by No. 53/2025 s. 107.\n\n","sortOrder":352},{"sectionNumber":"269C","sectionType":"section","heading":"National Authority may access and use information on other registers","content":"\t269C National Authority may access and use information on other registers\n\n(1) The National Authority may use any information on the register of approved providers kept under section 266 for the purposes of the National Authority establishing and maintaining the National Early Childhood Worker Register under this Law.\n\n(2) The National Authority may access and use any information on the register of approved education and care services kept under section 267 or the register of family day care educators, co-ordinators and assistants kept under section 269 for the purposes of the National Authority establishing and maintaining the National Early Childhood Worker Register under this Law.\n\nSch. s. 269D inserted by No. 53/2025 s. 107.\n\n","sortOrder":353},{"sectionNumber":"269D","sectionType":"section","heading":"Access to National Early Childhood Worker Register","content":"\t269D Access to National Early Childhood Worker Register\n\n(1) The National Authority is authorised to access the National Early Childhood Worker Register for the purposes of the National Authority—\n\n(a) maintaining the register under this Law; or\n\n(b) performing any other function of the National Authority under this Law.\n\n(2) The Regulatory Authority is authorised to access the National Early Childhood Worker Register for the purposes of the Regulatory Authority performing its functions under this Law.\n\n(3) An approved provider of an education and care service is authorised to access the National Early Childhood Worker Register to the extent that the register relates to the service for purposes related to providing information to the National Authority in accordance with section 269E.\n\nSch. s. 269E inserted by No. 53/2025 s. 107.\n\n","sortOrder":354},{"sectionNumber":"269E","sectionType":"section","heading":"Approved provider must give information to the National Authority for the National Early Childhood Worker Register","content":"\t269E Approved provider must give information to the National Authority for the National Early Childhood Worker Register\n\n(1) An approved provider of an education and care service must take reasonable steps to ensure that the information set out in section 269B(2) is provided to the National Authority—\n\n(a) within the prescribed time after an education and care service worker is employed, engaged or appointed at the service; and\n\n(b) in the manner and form approved by the Authority.\n\n(2) An approved provider of an education and care service must take reasonable steps to ensure that the National Authority is notified about any changes to information on the National Early Childhood Worker Register about an education and care service worker employed, engaged or appointed at the service—\n\n(a) within the prescribed time after the approved provider becomes aware of the change; and\n\n(b) in the manner and form approved by the Authority.\n\n(3) An approved provider of an education and care service does not contravene subsection (1) or (2) during the period beginning on the day on which Part 4 of the **Early Childhood Legislation Amendment (Child Safety) Act 2025** commences and ending on the day that is one month after that commencement.\n\nSch. s. 269F inserted by No. 53/2025 s. 107.\n\n\t269F Collection by National Authority of information for the purposes of maintaining the National Early Childhood Worker Register\n\nThe National Authority may collect information from an approved provider of an education and care service or a recruitment agency for the purposes of maintaining the National Early Childhood Worker Register.\n\nSch. s. 269G inserted by No. 53/2025 s. 107.\n\n","sortOrder":355},{"sectionNumber":"269G","sectionType":"section","heading":"Collection, use and disclosure by National Authority of information on the National Early Childhood Worker Register","content":"\t269G Collection, use and disclosure by National Authority of information on the National Early Childhood Worker Register\n\n(1) The National Authority may collect and use information on the National Early Childhood Worker Register for the purposes of the National Authority performing any of its functions under this Law.\n\n(2) The National Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to—\n\n(e) the Regulatory Authority.\n\n(3) The purposes for disclosure of information under this section are—\n\n(a) the disclosure is for the purposes of enabling or assisting the National Authority to perform any of its functions under this Law; or\n\n(b) the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\n\n(c) the disclosure is for the purposes of enabling or assisting the other entity to perform any of its functions under this Law or any other Act; or\n\n(d) the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or\n\n(e) the disclosure is for a purpose relating to the funding of education and care services; or\n\n(f) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\n\n(4) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\n(b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n\n(5) Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services 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 nominated 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\nSch. s. 269H inserted by No. 53/2025 s. 107.\n\n","sortOrder":356},{"sectionNumber":"269H","sectionType":"section","heading":"Collection, use and disclosure by Regulatory Authority of information on the National Early Childhood Worker Register","content":"\t269H Collection, use and disclosure by Regulatory Authority of information on the National Early Childhood Worker Register\n\n(1) The Regulatory Authority may collect and use information on the National Early Childhood Worker Register for the purposes of the Regulatory Authority performing any of its functions under this Law.\n\n(2) The Regulatory Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to—\n\n(e) another Regulatory Authority.\n\n(3) The purposes for disclosure of information under this section are—\n\n(a) the disclosure is for the purposes of enabling or assisting the other Regulatory Authority to perform any of its functions under this Law or any other Act; or\n\n(b) the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\n\n(c) the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions under this Law or any other Act; or\n\n(d) the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or\n\n(e) the disclosure is for a purpose relating to the funding of education and care services; or\n\n(f) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\n\n(4) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\n(b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n\n(5) Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services 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 nominated 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\nDivision 5—Publication of information\n\n","sortOrder":357},{"sectionNumber":"270","sectionType":"section","heading":"Publication of information","content":"\t270 Publication of information\n\nSch. s. 270(1) amended by No. 9/2017 s. 63(1).\n\n(1) The National Authority and the Regulatory Authority may publish the following information about approved providers, approved education and care services and nominated 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\nSch. s. 270(1)(da) inserted by No. 53/2025 s. 108.\n\n(da) any prescribed information in relation to a related provider determination made in respect of an approved provider;\n\n(e) other prescribed information in respect of approved education and care services.\n\n(2) The National Authority—\n\nSch. s. 270(2)(a) substituted by No. 9/2017 s. 63(2).\n\n(a) must publish on its website the register of approved providers; 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\nSch. s. 270(5)(a) amended by No. 9/2017 s. 63(3).\n\n(a) enforcement actions taken under this Law, including information about compliance notices, prosecutions, enforceable undertakings, suspension or cancellation of approvals; 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\nSch. s. 270(6)(a) amended by No. 9/2017 s. 63(4)(a).\n\n(a) an approved provider or nominated supervisor; or\n\nSch. s. 270(6)(b) amended by No. 9/2017 s. 63(4)(b).\n\n(b) a person who is being prosecuted for an offence against this Law; or\n\nSch. s. 270(6)(c) inserted by No. 9/2017 s. 63(4)(c).\n\n(c) if the Regulatory Authority is satisfied that it is in the public interest to do so, a person with management or control of an education and care service.\n\nDivision 6—Disclosure of information\n\nSch. s. 271 substituted by No. 9/2017 s. 64.\n\n","sortOrder":358},{"sectionNumber":"271","sectionType":"section","heading":"Disclosure of information to other authorities","content":"\t271 Disclosure of information to other authorities\n\n(1) The National Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4), to—\n\n(e) a Regulatory Authority of a participating jurisdiction.\n\n(2) The Regulatory Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4), to—\n\n(e) a Regulatory Authority of another participating jurisdiction.\n\n(3) The National Authority, the Regulatory Authority and any Government Department, public authority or local authority may disclose information to each other in respect of an education and care service for a purpose listed in subsection (4).\n\nSch. s. 271(3A) inserted by No. 53/2025 s. 109(1).\n\n(3A) The National Authority and the Regulatory Authority may disclose to each other information about a related provider of an approved provider or a related provider determination if the disclosure is reasonably necessary for the purposes of monitoring compliance with this Law.\n\n(4) The purposes for disclosure of information under this section are—\n\n(a) the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\n\n(b) the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions or powers under this Law; or\n\n(c) the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or\n\n(d) the disclosure is for a purpose relating to the funding of education and care services; or\n\n(e) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\n\n(5) 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 of which it is notified under this Law.\n\n(6) 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 given under this Law as applying in any participating jurisdiction in respect of the person.\n\n(7) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\n(b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n\n(8) Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than—\n\nSch. s. 271(8)(a) amended by No. 53/2025 s. 109(2).\n\n(a) an approved provider (including any related provider of an approved provider) or a nominated 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\nSch. s. 272 (Heading) amended by No. 13/2022 s. 13.\n\nSch. s. 272 substituted by No. 9/2017 s. 64.\n\n","sortOrder":359},{"sectionNumber":"272","sectionType":"section","heading":"Disclosure of information to approved providers","content":"\t272 Disclosure of information to approved providers\n\nSch. s. 272(1) substituted by No. 53/2025 s. 9.\n\n(1) The National Authority or the Regulatory Authority may disclose the following information to an approved provider if the National Authority or Regulatory Authority considers on reasonable grounds that the information may assist the provider to comply with this Law—\n\n(a) whether an individual who is employed, appointed or engaged by the approved provider has given an enforceable undertaking under section 179A that is in force, including information about the following—\n\n(i) the provisions of this Law that the individual has contravened or is alleged to have contravened;\n\n(ii) the actions that the individual must take or refrain from taking to comply with the enforceable undertaking;\n\n(iii) whether the individual is complying with the enforceable undertaking;\n\n(b) whether an individual who is employed, appointed or engaged by the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction;\n\n(c) whether a family day care educator employed, appointed or engaged by the approved provider has been suspended from providing education and care to children under section 178.\n\n(2) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\n(b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n\nSch. s. 272A inserted by No. 53/2025 s. 10.\n\n","sortOrder":360},{"sectionNumber":"272A","sectionType":"section","heading":"Disclosure of information to recruitment agencies","content":"\t272A Disclosure of information to recruitment agencies\n\n(1) The National Authority or the Regulatory Authority may disclose the following information to a recruitment agency  for the purposes of promoting the objectives of the National Quality Framework—\n\n(a) whether a specified person has given an enforceable undertaking under section 179A that is in force, including information about the following—\n\n(i) the provisions of this Law that the specified person has contravened or is alleged to have contravened;\n\n(ii) the actions that the specified person must take or refrain from taking to comply with the enforceable undertaking;\n\n(iii) whether the specified person is complying with the enforceable undertaking;\n\n(b) whether a specified person is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction;\n\n(c) whether a specified person has been suspended from providing education and care to children as part of a family day care service under section 178.\n\n(2) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\n(b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n\n***specified person*** means an individual who has entered into an agreement with a recruitment agency for the agency to procure for that individual education and care related work.\n\n","sortOrder":361},{"sectionNumber":"273","sectionType":"section","heading":"Duty of confidentiality","content":"\t273 Duty of confidentiality\n\nSch. s. 273(1) amended by Nos 43/2022 s. 94, 53/2025 s. 55.\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\nPenalty: $17 100.\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***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.\n\nPart 14—Miscellaneous\n\nDivision 1—Finance\n\n\t274 Australian Children's Education and Care Quality Authority Fund\n\n(1) The Australian Children's Education and Care Quality Authority Fund is established.\n\n(2) The Authority Fund is a fund to be administered by the National Authority.\n\n(3) The National Authority may establish accounts with any financial institution for money in the Authority Fund.\n\n(4) The Authority Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.\n\n","sortOrder":362},{"sectionNumber":"275","sectionType":"section","heading":"Payments into Authority Fund","content":"\t275 Payments into Authority Fund\n\nThere is payable into the Authority Fund—\n\n(a) all money provided by a participating jurisdiction or the Commonwealth for the purposes of the Fund; and\n\n(b) the proceeds of the investment of money in the Fund; and\n\n(c) all grants, gifts and donations made to the National Authority, but subject to any trusts declared in relation to the grants, gifts or donations; and\n\n(d) all money directed or authorised to be paid into the Fund by or under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and\n\n(e) any other money and property prescribed by the national regulations; and\n\n(f) any other money or property received by the National Authority in connection with the exercise of its functions.\n\n","sortOrder":363},{"sectionNumber":"276","sectionType":"section","heading":"Payments out of Authority Fund","content":"\t276 Payments out of Authority Fund\n\nPayments may be made from the Authority Fund for the purpose of—\n\n(a) paying any costs or expenses, or discharging any liabilities, incurred by the National Authority in the administration or enforcement of this Law or in the performance of its functions or duties or the exercise of its powers; and\n\n(b) paying any remuneration or allowances payable under this Law by the National Authority; and\n\n(c) allocating, transferring or reimbursing money to a participating jurisdiction in accordance with the national regulations; and\n\n(d) any other payments recommended by the National Authority and approved by the Ministerial Council.\n\n","sortOrder":364},{"sectionNumber":"277","sectionType":"section","heading":"Investment of money in Authority Fund","content":"\t277 Investment of money in Authority Fund\n\nThe National Authority may invest money in the Authority Fund in accordance with the national regulations.\n\n","sortOrder":365},{"sectionNumber":"278","sectionType":"section","heading":"Financial management duties of National Authority","content":"\t278 Financial management duties of National Authority\n\nThe National Authority must—\n\n(a) ensure that its operations are carried out efficiently, effectively and economically; and\n\n(b) keep proper books and records in relation to the Authority Fund; and\n\n(c) ensure that expenditure is made from the Authority Fund for lawful purposes only and, as far as possible, reasonable value is obtained for money expended from the Fund; and\n\n(d) ensure that its procedures, including internal control procedures, afford adequate safeguards with respect to—\n\n(i) the correctness, regularity and propriety of payments made from the Authority Fund; and\n\n(ii) receiving and accounting for payments made to the Authority Fund; and\n\n(iii) prevention of fraud or mistake; and\n\n(e) take any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and\n\n(f) take any action necessary to facilitate the audit of those financial statements in accordance with this Law; and\n\n(g) arrange for any further audit by a qualified person of the books and records kept by the National Authority in relation to the Authority Fund, if directed to do so by the Ministerial Council.\n\nDivision 2—Reporting\n\n","sortOrder":366},{"sectionNumber":"279","sectionType":"section","heading":"Annual report","content":"\t279 Annual report\n\n(1) The Board must, within 4 months after the end of each financial year, submit an annual report of the National Authority for the financial year to the Ministerial Council.\n\n(2) The annual report must include—\n\n(a) an audited financial statement for the period to which the report relates; and\n\n(b) a report about the National Authority's performance of its functions under this Law during the period to which the annual report relates; and\n\n(c) an assessment of the implementation and administration of the National Quality Framework; and\n\n(d) all directions given to the National Authority by the Ministerial Council and the Authority's response; and\n\n(e) all directions given to the Regulatory Authorities by the Ministerial Council and the Regulatory Authorities' responses; and\n\n(f) a report on any committees established by the Board; and\n\n(g) any other matter determined by the Ministerial Council.\n\n(3) The financial statement is to be prepared in accordance with Australian Accounting Standards.\n\n(4) The financial statement is to be audited by a public sector auditor and a report is to be provided by the auditor.\n\n(5) The Ministerial Council may extend, or further extend, the period for submission of an annual report to the Council by a total period of up to 3 months.\n\n(6) In this section—\n\n***public sector auditor*** means—\n\n(a) the Auditor-General (however described) of a participating jurisdiction or the Commonwealth; or\n\n(b) an auditor employed, appointed or otherwise engaged by an Auditor-General of a participating jurisdiction or the Commonwealth.\n\n","sortOrder":367},{"sectionNumber":"280","sectionType":"section","heading":"Tabling and publication of annual report","content":"\t280 Tabling and publication of annual report\n\n(1) The Ministerial Council must make arrangements for the tabling of the annual report of the National Authority, and the report of the public sector auditor with respect to the financial statement in the report, in the Parliament of a participating jurisdiction determined by the Ministerial Council.\n\n(2) As soon as practicable after the annual report has been tabled in the Parliament determined under subsection (1), the National Authority must publish a copy of the report on its website.\n\n","sortOrder":368},{"sectionNumber":"281","sectionType":"section","heading":"Other reporting","content":"\t281 Other reporting\n\n(1) The National Authority may make any reports to the Ministerial Council that it considers necessary in the performance of its functions.\n\n(2) The Chairperson of the Board must provide to the Ministerial Council any other reports and documents and information relating to the operations of the National Authority that the Ministerial Council requires.\n\n(3) The Chairperson of the Board may provide to the responsible Minister of a participating jurisdiction and the Commonwealth Minister any reports and documents and information relating to the operations of the National Authority that the responsible Minister requires.\n\n(4) The reports, documents and information referred to in subsection (2) must be provided within the time set by the Ministerial Council.\n\nDivision 3—Application of Commonwealth Ombudsman Act\n\n","sortOrder":369},{"sectionNumber":"282","sectionType":"section","heading":"Application of Commonwealth Ombudsman Act","content":"\t282 Application of Commonwealth Ombudsman Act\n\n(1) The Ombudsman Act applies as a law of a participating jurisdiction for the purposes of this Law except to the extent that this Law applies to a Regulatory Authority and the employees, decisions, actions and records of a Regulatory Authority.\n\n(2) For the purposes of subsection (1), the Ombudsman Act applies—\n\n(a) as if a reference to the Commonwealth Ombudsman were a reference to the Education and Care Services Ombudsman; and\n\n(b) with any other modifications made by the national regulations.\n\n(a) provide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or\n\n(b) provide that the Ombudsman Act applies under subsection (1) as if an amendment to the Ombudsman Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\n\n***Ombudsman Act*** means the Ombudsman Act 1976 of the Commonwealth, as in force from time to time.\n\nDivision 4—Legal proceedings\n\n","sortOrder":370},{"sectionNumber":"283","sectionType":"section","heading":"Who may bring proceedings for an offence?","content":"\t283 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.\n\nSch. s. 284 (Heading) amended by No. 53/2025 s. 11(1).\n\nSch. s. 284 amended by Nos 9/2017 s. 65, 53/2025 s. 11(2)(3) (ILA s. 39B(1)).\n\n","sortOrder":371},{"sectionNumber":"284","sectionType":"section","heading":"When proceedings may be commenced","content":"\t284 When proceedings may be commenced\n\n(1) Subject to section 181(6) and subsection (3), proceedings for an offence under this Law must be commenced by a person referred to in section 283(1) within 2 years after the date on which the person becomes aware of the alleged offence.\n\nSch. s. 284(2) inserted by No. 53/2025 s. 11(3).\n\n(2) Subsection (1) applies whether the date on which the person referred to in section 283(1) becomes aware of the alleged offence is before, on or after the commencement of section 11 of the **Early Childhood Legislation Amendment (Child Safety) Act 2025**.\n\nSch. s. 284(3) inserted by No. 53/2025 s. 11(3).\n\n(3) If the Regulatory Authority becomes aware of an alleged offence but is required to suspend taking action under this Law in relation to the alleged offence because of a concurrent investigation or proceeding in relation to the same conduct under another Act, proceedings for the offence against this Law must be commenced within 2 years after any investigation or proceeding (as the case requires) in relation to the conduct under the other Act have been finalised.\n\n","sortOrder":372},{"sectionNumber":"285","sectionType":"section","heading":"Offences by bodies corporate","content":"\t285 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.\n\n","sortOrder":373},{"sectionNumber":"286","sectionType":"section","heading":"Application of Law to partnerships and eligible associations and other entities","content":"\t286 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.\n\n","sortOrder":374},{"sectionNumber":"287","sectionType":"section","heading":"Multiple holders of an approval","content":"\t287 Multiple holders of an approval\n\nIf 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.\n\n","sortOrder":375},{"sectionNumber":"288","sectionType":"section","heading":"Double jeopardy","content":"\t288 Double jeopardy\n\nIf 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.\n\n","sortOrder":376},{"sectionNumber":"289","sectionType":"section","heading":"Immunity","content":"\t289 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.\n\n","sortOrder":377},{"sectionNumber":"290","sectionType":"section","heading":"Immunity—education law","content":"\t290 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.\n\n","sortOrder":378},{"sectionNumber":"291","sectionType":"section","heading":"Infringement offences","content":"\t291 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\nSch. s. 291(1)(a) amended by No. 9/2017 s. 66, substituted by No. 53/2025 s. 56.\n\n(a) section 36(3), 68(1), 69(1), 84(3), 161, 161A, 162(1), 163(1), 170(2), (3) or (4), 172, 173, 174(1) or (2), 175(1) or (3), 176(3), 177(3), 178(7), 179(3), 217 or 269; 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.\n\n","sortOrder":379},{"sectionNumber":"292","sectionType":"section","heading":"Evidentiary certificates","content":"\t292 Evidentiary certificates\n\nA 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\nSch. s. 292(a)(iii)  repealed by No. 9/2017 s. 53(5)(a).\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\nSch. s. 292(d)  amended by No. 9/2017 s. 53(5)(b).\n\n(d) on a stated day, or during a stated period, a stated person was or was not an approved provider;\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\nSch. s. 292(g)  amended by No. 9/2017 s. 53(5)(c).\n\n(g) on a stated day, an approval 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.\n\nDivision 5—Service of notices\n\n","sortOrder":380},{"sectionNumber":"293","sectionType":"section","heading":"Service of notices","content":"\t293 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.\n\n","sortOrder":381},{"sectionNumber":"294","sectionType":"section","heading":"Service by post","content":"\t294 Service by post\n\nIf 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.\n\nDivision 6—False or misleading information\n\n","sortOrder":382},{"sectionNumber":"295","sectionType":"section","heading":"False or misleading information or documents","content":"\t295 False or misleading information or documents\n\nSch. s. 295(1) amended by Nos 43/2022 s. 95, 53/2025 s. 57.\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(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.\n\nDivision 7—Protection from reprisal\n\n","sortOrder":383},{"sectionNumber":"296","sectionType":"section","heading":"Definitions","content":"\t296 Definitions\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.\n\n","sortOrder":384},{"sectionNumber":"297","sectionType":"section","heading":"Protection from reprisal","content":"\t297 Protection from reprisal\n\nSch. s. 297(1) amended by Nos 43/2022 s. 96, 53/2025 s. 58.\n\n(1) A person must not take serious detrimental action against a person in reprisal for a protected disclosure.\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.\n\n","sortOrder":385},{"sectionNumber":"298","sectionType":"section","heading":"Proceedings for damages for reprisal","content":"\t298 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.\n\n","sortOrder":386},{"sectionNumber":"299","sectionType":"section","heading":"Application for injunction or order","content":"\t299 Application for injunction or order\n\nA 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.\n\n","sortOrder":387},{"sectionNumber":"300","sectionType":"section","heading":"Injunction or order","content":"\t300 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.\n\nDivision 8—National regulations\n\n","sortOrder":388},{"sectionNumber":"301","sectionType":"section","heading":"National regulations","content":"\t301 National regulations\n\n(1) The Ministerial Council may make regulations for the purposes of this Law.\n\n(2) The national regulations may provide for any matter that is required or permitted to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Law.\n\n(3) Without limiting subsection (1), the national regulations may provide for the following—\n\nSch. s. 301(3)(a)  amended by No. 9/2017 s. 53(6).\n\n(a) fees (including application fees and annual fees) for approvals and other things done under this Law;\n\n(b) the indexation of fees;\n\n(c) standards for education and care services;\n\n(d) requirements for educational programs, including the quality of those programs and their development, documentation and delivery;\n\n(e) requirements and standards to be complied with for the safety, health and wellbeing of children being educated and cared for by an education and care service;\n\n(f) requirements and standards to be complied with for safety, security, cleanliness, comfort, hygiene and repair of premises, outdoor spaces, fencing, gates, resources and equipment used for providing education and care services;\n\n(g) requirements and standards about the premises to be used to provide an education and care service including siting, design, layout, space, security and entitlement to occupy;\n\n(h) requirements and standards for the staffing of education and care services including the recruitment (and conduct of criminal history or other security checks) and the appointment of staff, performance improvement, professional standards, professional development, numbers and qualifications of educators (including minimum age and requirements concerning groups of children of different ages and composition) and staffing rosters and arrangements;\n\n(i) requirements and standards about educators' relationships with children, interactions and behaviour guidance and inclusion policies and practice for education and care services;\n\n(j) requirements and standards for partnerships between education and care services and the community in which they are located and the families of children being educated and cared for by education and care services, including requirements for services to link to other support services for children and families;\n\n(k) requirements and standards as to the leadership and management of education and care services including governance and fitness and propriety of all staff members and volunteers, management of grievances and complaints and the provision of information to families;\n\n(l) the records, policies and procedures to be kept by approved providers and family day care educators including enrolment and attendance information;\n\n(m) requirements and standards about first aid and management of children's medical conditions including—\n\n(i) the training of educators and staff members; and\n\n(ii) plans, policies and procedures used to manage medical conditions and first aid; and\n\n(iii) the keeping and storage of first aid kits and medications;\n\n(n) information required to be submitted for applications made under this Law;\n\n(o) requirements and standards for the provision and display of information by approved providers;\n\n(p) the publication of information about enforcement actions taken under this Law, including notice and review of proposals to publish information;\n\n(q) matters relating to the application of this Law to partnerships, eligible associations or prescribed entities;\n\n(r) requirements relating to the receipt and payment and distribution of fees and monetary penalties payable under this Law.\n\n(4) The national regulations—\n\nSch. s. 301(4)(a) amended by No. 80/2011 s. 76(a).\n\n(a) may be of a general or limited application; and\n\nSch. s. 301(4)(b) amended by No. 80/2011 s. 76(b).\n\n(b) may differ according to differences in time, place (including jurisdiction) or circumstances; and\n\nSch. s. 301(4)(c) amended by No. 80/2011 s. 76(c).\n\n(c) may differ according to the type or class of education and care service and the ages of children being educated and cared for by a service; and\n\nSch. s. 301(4)(d) amended by No. 80/2011 s. 76(d).\n\n(d) may exempt any education and care service or any type or class of education and care service from complying with all or any of the regulations; and\n\nSch. s. 301(4)(e) amended by No. 80/2011 s. 76(e).\n\n(e) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a Regulatory Authority; and\n\n(f) may apply, adopt or incorporate by reference any document either—\n\n(i) as in force at the date the national regulations come into operation or at any date before then; or\n\nSch. s. 301(4)(f)(ii) amended by No. 80/2011 s. 76(f).\n\n(ii) wholly or in part or as amended by the national regulations; and\n\nSch. s. 301(4)(g) amended by Nos 43/2022 s. 97, 53/2025 s. 59.\n\n(g) may impose penalties not exceeding $6600 for offences against the national regulations.\n\n","sortOrder":389},{"sectionNumber":"302","sectionType":"section","heading":"Publication of national regulations","content":"\t302 Publication of national regulations\n\n(1) The national regulations are to be published on the NSW Legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales.\n\n(2) A regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).\n\n","sortOrder":390},{"sectionNumber":"303","sectionType":"section","heading":"Parliamentary scrutiny of national regulations","content":"\t303 Parliamentary scrutiny of national regulations\n\n(1) The member of the Ministerial Council representing a participating jurisdiction is to make arrangements for the tabling of a regulation made under this Law in each House of the Parliament of the participating jurisdiction.\n\n(2) A committee of the Parliament of a participating jurisdiction may consider, and report to the Parliament about, the regulation in the same way the committee may consider and report to the Parliament about regulations made under Acts of that jurisdiction.\n\n(3) A regulation made under this Law may be disallowed in a participating jurisdiction by a House of the Parliament of that jurisdiction in the same way, and within the same period, that a regulation made under an Act of that jurisdiction may be disallowed.\n\n(4) A regulation disallowed under subsection (3) does not cease to have effect in the participating jurisdiction, or any other participating jurisdiction, unless the regulation is disallowed in a majority of the participating jurisdictions.\n\n(5) If a regulation is disallowed in a majority of the participating jurisdictions, it ceases to have effect in all participating jurisdictions on the day of its disallowance in the last of the jurisdictions forming the majority.\n\n(6) In this section—\n\n***regulation*** includes a provision of a regulation.\n\n","sortOrder":391},{"sectionNumber":"304","sectionType":"section","heading":"Effect of disallowance of national regulation","content":"\t304 Effect of disallowance of national regulation\n\n(1) The disallowance of a regulation in a majority of jurisdictions has the same effect as a repeal of the regulation.\n\n(2) If a regulation ceases to have effect under section 303 any law or provision of a law repealed or amended by the regulation is revived as if the disallowed regulation had not been made.\n\n(3) The restoration or revival of a law under subsection (2) takes effect at the beginning of the day on which the disallowed regulation by which it was amended or repealed ceases to have effect.\n\n***regulation*** includes a provision of a regulation.\n\nPart 15—Transitional Provisions\n\nDivision 1—Introductory\n\n\t305 Definitions\n\n***declared approved family day care service***, in relation to a participating jurisdiction, means an education and care service that is declared by a law of that jurisdiction to be a declared approved family day care service for the purposes of this Law;\n\n***declared approved family day care venue***, in relation to a participating jurisdiction, means a place other than a residence that is declared by a law of that jurisdiction to be a declared approved family day care venue for the purposes of this Law;\n\n***declared approved provider***, in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared approved provider for the purposes of this Law;\n\n***declared approved service***, in relation to a participating jurisdiction, means an education and care service that is declared by a law of that jurisdiction to be a declared approved service for the purposes of this Law;\n\n***declared certified supervisor***, in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared certified supervisor for the purposes of this Law;\n\n***declared compliance notice***, in relation to a participating jurisdiction, means an order or notice under a former education and care services law that is declared by a law of that jurisdiction to be a declared compliance notice for the purposes of this Law;\n\n***declared enforceable undertaking***, in relation to a participating jurisdiction, means an undertaking entered into under a former education and care services law that is declared by a law of that jurisdiction to be a declared enforceable undertaking under this Law;\n\n***declared nominated supervisor***, in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared nominated supervisor for the purposes of this Law;\n\n***declared out of scope service***, in relation to a participating jurisdiction, means an education and care service—\n\n(a) for which a former approval was not required under a former education and care services law; and\n\n(b) that is declared by a law of that jurisdiction to be a declared out of scope service for the purposes of this Law;\n\n***former approval***, in relation to a participating jurisdiction, means an approval, licence or other authorisation under a former education and care services law that is declared by a law of that jurisdiction to be a former approval for the purposes of this Law;\n\n***scheme commencement day*** means the day on which Parts 2, 3 and 4 of this Law commence.\n\nDivision 2—Education and care services\n\n","sortOrder":392},{"sectionNumber":"306","sectionType":"section","heading":"Approved provider","content":"\t306 Approved provider\n\n(1) Any person who immediately before the scheme commencement day was a declared approved provider is taken to be an approved provider under this Law.\n\n(2) Subsection (1) does not apply if the declared approved provider is a prescribed ineligible person.\n\n(3) Subsection (1) does not apply to a declared approved provider whose former approval was suspended under the former education and care services law immediately before the scheme commencement day because the provider was not a fit and proper person (however described) to operate the declared approved service.\n\n(4) If a declared approved provider is a trust, the trustee or trustees of the trust are taken to be an approved provider under this Law.\n\n(5) The trust must, within 30 days after the scheme commencement day, notify the Regulatory Authority of the identity of the trustees of the trust.\n\n(6) If a notice is not given under subsection (5) within the required period, each trustee of the trust ceases to be an approved provider under this Law at the end of that period.\n\n(7) If a person is taken under this section to be an approved provider, the person is taken to be the holder of a provider approval for the purposes of this Law.\n\n(8) If a person is taken under this section to hold a provider approval, any conditions of the former approval relating to that person are taken to be conditions of the provider approval unless they are inconsistent with this Law.\n\n(9) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to be the holder of a provider approval with a copy of the provider approval setting out the relevant matters in section 20.\n\n","sortOrder":393},{"sectionNumber":"307","sectionType":"section","heading":"Service approvals","content":"\t307 Service approvals\n\n(1) Any person who immediately before the scheme commencement day held a former approval in respect of a declared approved service (other than a declared approved family day care service) is taken to hold a service approval in respect of that service under this Law.\n\n(2) Any person who immediately before the scheme commencement day held a former approval with respect to a declared approved family day care service is taken to hold a service approval for that family day care service under this Law.\n\nSch. s. 307(3) amended by No. 80/2011 s. 77.\n\n(3) Subsections (1) and (2) do not apply if the person is a prescribed ineligible person.\n\n(4) If subsection (1) or (2) applies, the declared approved service is taken from the scheme commencement day to be an approved education and care service.\n\n(5) This section does not apply to a former approval that was under suspension under the former education and care services law immediately before the scheme commencement day because the person who held that approval was not a fit and proper person (however described) to operate the declared approved service.\n\n(6) If a former approval was under suspension under the former education and care services law immediately before the scheme commencement day for a reason other than the reason in subsection (5), the service approval for the education and care service under this Law is taken to be suspended under this Law for the period of the suspension.\n\n(7) The Regulatory Authority must determine before the expiry of the period of suspension referred to in subsection (6) (other than for a voluntary suspension) whether—\n\n(a) the suspension should be cancelled or a further period of suspension should be imposed; or\n\n(b) the service approval should be cancelled.\n\n(8) Any conditions imposed on the former approval under the former education and care services law are taken to be conditions on the service approval unless the conditions are inconsistent with this Law.\n\n(9) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to hold a former approval in respect of a declared approved service with a copy of the service approval for the service setting out the relevant matters in section 52.\n\n","sortOrder":394},{"sectionNumber":"308","sectionType":"section","heading":"Approved family day care venues","content":"\t308 Approved family day care venues\n\nA declared approved family day care venue existing under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be an approved family day care venue under this Law.\n\n","sortOrder":395},{"sectionNumber":"309","sectionType":"section","heading":"Approval of declared out of scope services","content":"\t309 Approval of declared out of scope services\n\nA person who operated a declared out of scope service immediately before the scheme commencement day is taken under this Law to hold a provider approval and a service approval for the declared out of scope service for the period from and including 1 January 2012—\n\n(a) to 30 June 2012, unless paragraph (b) applies; or\n\n(b) if the person applies under this Law to the Regulatory Authority for a provider approval and for a service approval and the applications are received by the Regulatory Authority on or before 30 June 2012, to the date on which those applications are finally determined under this Law.\n\n","sortOrder":396},{"sectionNumber":"310","sectionType":"section","heading":"Application for service waiver or temporary waiver","content":"\t310 Application for service waiver or temporary waiver\n\n(1) This section applies to an education and care service that was exempt under a former education and care services law from a requirement of that law.\n\n(2) The education and care service is taken to comply with an equivalent requirement under this Law for the period from and including 1 January 2012—\n\n(a) to 31 March 2012, unless paragraph (b) applies; or\n\n(b) if the provider of the education and care service applies to the Regulatory Authority under this Law for a temporary waiver or service waiver under this Law in respect of that requirement and the application is received by the Regulatory Authority on or before 31 March 2012, to the date on which the application is finally determined under this Law.\n\n","sortOrder":397},{"sectionNumber":"311","sectionType":"section","heading":"Existing applicants","content":"\t311 Existing applicants\n\n(1) This section applies if a person has made an application for a former approval under a former education and care services law in respect of an education and care service before the scheme commencement day.\n\n(2) The applicant is taken to be an applicant for a provider approval and a service approval under this Law.\n\n(3) The Regulatory Authority may—\n\n(a) ask the applicant for more information; and\n\n(b) inspect—\n\n(i) the premises of the service and the offices of the applicant; and\n\n(ii) any documents relating to the applicant; and\n\n(c) exercise any power under section 14 or section 46 in relation to the application.\n\n(4) This section does not apply if the applicant is a prescribed ineligible person.\n\n","sortOrder":398},{"sectionNumber":"312","sectionType":"section","heading":"Existing multiple approvals to merge","content":"\t312 Existing multiple approvals to merge\n\n(1) If the holder of a former approval held more than one former approval in respect of the same premises, the former approvals are taken to be one service approval in respect of those premises for the purposes of this Law.\n\n(2) This section does not apply to a former approval for a family day care service.\n\n(3) This section does not apply to a former approval to which section 311 applies.\n\n","sortOrder":399},{"sectionNumber":"313","sectionType":"section","heading":"Display of accreditation and rating","content":"\t313 Display of accreditation and rating\n\n(1) This section applies to a declared approved service that is taken under this Part to be an approved education and care service.\n\n(2) The approved provider must display the provisional rating of that approved education and care service in accordance with section 172 until a first rating assessment is completed and a rating level given to the service after that assessment is published under Part 5.\n\n(3) If the education and care service was accredited by the National Child Care Accreditation Council before the scheme commencement day, the approved provider of the education and care service must continue to display that accreditation at the service together with the provisional rating until a first rating assessment is completed and a rating (other than a provisional rating) given to the service after that assessment is published under Part 5.\n\n","sortOrder":400},{"sectionNumber":"314","sectionType":"section","heading":"Effect of non-compliance in 3 years before scheme commencement day","content":"\t314 Effect of non-compliance in 3 years before scheme commencement day\n\n(1) In determining whether to suspend or cancel under Part 2 a provider approval referred to in section 306, the Regulatory Authority —\n\n(a) may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but\n\n(b) must not suspend or cancel the provider approval solely on the basis of that non-compliance.\n\n(2) In determining whether to suspend or cancel under Part 3 a service approval referred to in section 307(1), the Regulatory Authority—\n\n(a) may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but\n\n(b) must not suspend or cancel the service approval solely on the basis of that non-compliance.\n\n","sortOrder":401},{"sectionNumber":"315","sectionType":"section","heading":"Certified supervisors","content":"\t315 Certified supervisors\n\n(1) A person who was a declared certified supervisor immediately before the scheme commencement day is taken to be a certified supervisor under this Law.\n\n(2) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to be a certified supervisor with a copy of the supervisor certificate setting out the relevant matters in section 116.\n\n(3) Subsection (1) applies even if the declared certified supervisor was suspended immediately before the scheme commencement day but the person's supervisor certificate under this Law is taken to be suspended for the remaining period that the person was suspended as a declared certified supervisor.\n\n","sortOrder":402},{"sectionNumber":"316","sectionType":"section","heading":"Nominated supervisors","content":"\t316 Nominated supervisors\n\n(1) A person who immediately before the scheme commencement day was a declared nominated supervisor for a declared approved service that is taken under section 307 to be an approved education and care service is taken to be the nominated supervisor for that approved education and care service.\n\n(2) Subsection (1) ceases to apply if—\n\n(a) the approved provider does not confirm the nomination within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority; or\n\n(b) the person advises the Regulatory Authority in writing that the person does not consent to being the nominated supervisor of the education and care service.\n\n","sortOrder":403},{"sectionNumber":"317","sectionType":"section","heading":"Notices and undertakings","content":"\t317 Notices and undertakings\n\n(1) A declared compliance notice in force under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be a compliance notice under this Law.\n\n(2) A declared enforceable undertaking in force under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be an enforceable undertaking under this Law.\n\n","sortOrder":404},{"sectionNumber":"318","sectionType":"section","heading":"Offences","content":"\t318 Offences\n\nThe Regulatory Authority may bring or continue a prosecution for any offence under a former education and care services law in relation to a service that is taken to be an education and care service.\n\nDivision 3—National Authority\n\n","sortOrder":405},{"sectionNumber":"319","sectionType":"section","heading":"First meeting of National Authority","content":"\t319 First meeting of National Authority\n\nDespite section 239, the Ministerial Council is to convene the first meeting of the Board of the National Authority.\n\n","sortOrder":406},{"sectionNumber":"320","sectionType":"section","heading":"First chief executive officer of National Authority","content":"\t320 First chief executive officer of National Authority\n\n(1) Despite section 248, the first chief executive officer of the National Authority is to be appointed by the Chairperson of the Ministerial Council on the basis of a consensus recommendation of the Ministerial Council.\n\n(2) The appointment is to be on the remuneration and other terms and conditions set out in the appointment.\n\n(3) Any amount payable to the first chief executive officer under the appointment is payable from the Authority Fund.\n\n","sortOrder":407},{"sectionNumber":"321","sectionType":"section","heading":"First annual report of National Authority","content":"\t321 First annual report of National Authority\n\nDespite section 279, the first annual report of the National Authority—\n\n(a) is to be made within 4 months after the end of the financial year ending 30 June 2012; and\n\n(b) is to cover the period from the first meeting of the National Authority until 30 June 2012.\n\nDivision 4—General\n\n","sortOrder":408},{"sectionNumber":"322","sectionType":"section","heading":"Information retention and sharing","content":"\t322 Information retention and sharing\n\n(1) The Regulatory Authority must, in accordance with the national regulations, keep all prescribed information held by the Regulatory Authority (or any regulatory body under the former education and care services law) in relation to—\n\n(a) the licensing or approval of education and care services under the former education and care services law; and\n\n(b) the monitoring and enforcement of the former education and care services law in relation to education and care services.\n\n(2) Information referred to in subsection (1) may be—\n\n(a) used for information purposes under this Law; and\n\n(b) held by the Regulatory Authority in any form; and\n\n(c) made available to the Regulatory Authorities of other participating jurisdictions and the National Authority.\n\nSch. s. 322(3) amended by Nos 43/2022 s. 987, 53/2025 s. 60.\n\n(3) A provider of an education and care service existing immediately before the scheme commencement day must, in accordance with the national regulations—\n\n(a) continue to keep all documents required under the former education and care services law to be kept in respect of the service; and\n\n(b) make those documents available to the Regulatory Authority on request.\n\n","sortOrder":409},{"sectionNumber":"323","sectionType":"section","heading":"Approved learning framework","content":"\t323 Approved learning framework\n\nA declared approved learning framework is taken to be an approved learning framework under this Law.\n\n","sortOrder":410},{"sectionNumber":"324","sectionType":"section","heading":"Savings and transitional regulations","content":"\t324 Savings and transitional regulations\n\n(1) The national regulations may contain provisions (***savings and transitional provisions***) of a savings or transitional nature—\n\n(a) consequential on the enactment of this Law in a participating jurisdiction; or\n\n(b) to otherwise allow or facilitate the change from the operation of a former education and care services law of a participating jurisdiction to the operation of this Law.\n\n(2) Savings and transitional regulations may have retrospective operation to a day not earlier than the day on which section 1 of this Law commences.\n\nSch. s. 324A inserted by No. 53/2025 s. 12.\n\n","sortOrder":411},{"sectionNumber":"324A","sectionType":"section","heading":"Regulations dealing with transitional matters—Early Childhood Legislation Amendment (Child Safety) Act 2025","content":"\t324A Regulations dealing with transitional matters—Early Childhood Legislation Amendment (Child Safety) Act 2025\n\n(1) The Ministerial Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the **Early Childhood Legislation Amendment (Child Safety) Act 2025**, including any repeals and amendments made by, or as a result of, the enactment of that Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to the day on which the **Early Childhood Legislation Amendment (Child Safety) Act 2025** receives the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) differ according to time, place or circumstances; and\n\n(d) leave any matter or thing to be decided by a specified person or class of person.\n\n(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Law) or in any subordinate instrument.\n\n(4) This section is **repealed** on the second anniversary of its commencement.\n\nSch.  \nPt 15 Div. 5 (Heading  \nand Sch. ss 325‒331) inserted by No. 9/2017 s. 67.\n\nDivision 5—Transitional provisions—Education and Care Services National Law Amendment Act 2017\n\nSch. s. 325 inserted by No. 9/2017 s. 67.\n\n","sortOrder":412},{"sectionNumber":"325","sectionType":"section","heading":"Definitions","content":"\t325 Definitions\n\n***2017 Act*** means the **Education and Care Services National Law Amendment Act 2017**;\n\n***commencement day***, in relation to a participating jurisdiction, means the date of commencement of this Division in that jurisdiction.\n\nSch. s. 326 inserted by No. 9/2017 s. 67.\n\n","sortOrder":413},{"sectionNumber":"326","sectionType":"section","heading":"Approved family day care venues","content":"\t326 Approved family day care venues\n\n(1) In this section—\n\n***appointed day*** means the day that is 6 months after the commencement day;\n\n***formerly approved family day care venue*** means a family day care venue that, immediately before the commencement day, was an approved family day care  \nvenue.\n\n(2) Subject to subsection (3), a formerly approved family day care venue ceases to be an approved family day care venue on the appointed day unless, before the appointed day the Regulatory Authority, on application by the approved provider under section 54 (as amended by the 2017 Act), approves the venue as a family day care venue.\n\n(3) If, before the appointed day, the Regulatory Authority had not determined an application by an approved provider under section 54 (as amended by the 2017 Act) for approval of the venue, the formerly approved family day care venue continues to be an approved family day care venue until the application is determined.\n\n(4) Despite section 54(5), the Regulatory Authority must make a decision on an application made under section 54 for approval of a formerly approved family day care venue within 6 months of receiving the application.\n\nSch. s. 327 inserted by No. 9/2017 s. 67.\n\n","sortOrder":414},{"sectionNumber":"327","sectionType":"section","heading":"Declared approved family day care venues continue to be approved","content":"\t327 Declared approved family day care venues continue to be approved\n\nDespite section 326, a declared approved family day care venue that was taken under section 308 to be an approved family day care venue continues, on and after the commencement day, to be an approved family day care venue for the purposes of this Law.\n\nSch. s. 328 inserted by No. 9/2017 s. 67.\n\n","sortOrder":415},{"sectionNumber":"328","sectionType":"section","heading":"Service approval condition requiring sufficient family day care co-ordinators","content":"\t328 Service approval condition requiring sufficient family day care co-ordinators\n\n(1) In this section—\n\n***appointed day*** means the day that is 12 months after the commencement day.\n\n(2) This section applies to a family day care service if, immediately before the commencement day—\n\n(a) the service was an approved family day care service; and\n\n(b) the service approval included a condition referred to in section 51(2).\n\n(3) Despite the commencement of the 2017 Act, sections 51(2) and 163, as in force immediately before the commencement day, continue to apply to the approved family day care service until the appointed day, unless the Regulatory Authority earlier amends the service approval to impose a condition under section 55A.\n\nSch. s. 329 inserted by No. 9/2017 s. 67.\n\n","sortOrder":416},{"sectionNumber":"329","sectionType":"section","heading":"Service approval condition requiring minimum number of family day care co‑ordinators","content":"\t329 Service approval condition requiring minimum number of family day care co‑ordinators\n\n(1) This section applies to a family day care service if, immediately before the commencement day—\n\n(a) the service was an approved family day care service; and\n\n(b) the service approval included a condition requiring the service provide a specified minimum number of family day care co‑ordinators.\n\n(2) Despite the commencement of the 2017 Act, section 163, as in force immediately before the commencement day, and the condition requiring the service provide a specified minimum number of family day care co‑ordinators continue to apply to the approved family day care service until the condition is amended under section 54 or 55.\n\nSch. s. 330 inserted by No. 9/2017 s. 67, expired by force of No. 69/2010 Sch. s. 330(2).\n\nSch. s. 331 inserted by No. 9/2017 s. 67, expired by force of No. 69/2010 Sch. s. 331(2).\n\nSch.  \nPt 15 Div. 6 (Heading  \nand Sch.  \nss 332–335) inserted by No. 9/2017 s. 68.\n\nDivision 6—Further transitional provisions—Education and Care Services National Law Amendment Act 2017\n\nSch. s. 332 inserted by No. 9/2017 s. 68.\n\n","sortOrder":417},{"sectionNumber":"332","sectionType":"section","heading":"Definitions","content":"\t332 Definitions\n\n***2017 Act*** means the **Education and Care Services National Law Amendment Act 2017**;\n\n***commencement day***, in relation to a participating jurisdiction, means the date of commencement of this Division in that jurisdiction.\n\nSch. s. 333 inserted by No. 9/2017 s. 68.\n\n","sortOrder":418},{"sectionNumber":"333","sectionType":"section","heading":"Partial assessment and re-rating","content":"\t333 Partial assessment and re-rating\n\n(1) This section applies to an approved education and care service that has been assessed and rated against the National Quality Standard, as in force immediately before the commencement day, whether that assessment and rating occurred before, on or after the commencement day.\n\n(2) Despite section 138, the Regulatory Authority may only reassess an aspect or element of the approved education and care service after the relevant day if the approved education and care service has been reassessed against the National Quality Standard as in force on and after the commencement day.\n\n(3) Despite section 139(1), an approved provider may only apply for reassessment and rerating of an aspect or element of the approved education and care service after the relevant day if the approved education and care service has been reassessed against the National Quality Standard, as in force on and after the commencement day.\n\n***relevant day*** means—\n\n(a) in relation to an approved education and care service that was assessed and rated before the commencement day, the day that is 6 months after the commencement day; or\n\n(b) in relation to an approved education and care service that was assessed and rated after the commencement day, the day that is 6 months after the day on which the rating for the service is published under section 160.\n\nSch. s. 334 inserted by No. 9/2017 s. 68.\n\n","sortOrder":419},{"sectionNumber":"334","sectionType":"section","heading":"Application for highest rating level made before commencement day","content":"\t334 Application for highest rating level made before commencement day\n\n(1) This section applies if before the commencement day—\n\n(a) an approved provider had applied for an education and care service to be assessed for the highest rating level under section 152; and\n\n(b) the application had not been determined.\n\n(2) Despite its substitution by the 2017 Act, section 152(5), as in force immediately before the commencement day, continues to apply in respect of the application.\n\n(3) Section 153(2) applies for the purposes of the assessment of the approved education and care service, as if a reference—\n\n(a) to the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and\n\n(b) to the National Quality Standard and the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.\n\nSch. s. 335 inserted by No. 9/2017 s. 68.\n\n","sortOrder":420},{"sectionNumber":"335","sectionType":"section","heading":"Highest rating level awarded before, or on application made before, commencement day","content":"\t335 Highest rating level awarded before, or on application made before, commencement day\n\n(1) This section applies in relation to an approved education and care service that was awarded the highest rating level—\n\n(a) before the commencement day; or\n\n(b) after the commencement day on an application referred to in section 334.\n\n(2) Section 153(2) applies for the purposes of a reassessment under section 157 of the approved education and care service, as if a reference—\n\n(a) to the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and\n\n(b) to the National Quality Standard and the requirements of the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.\n\n(3) Despite its amendment by the 2017 Act, section 158 as in force immediately before the commencement day continues to apply to the revocation of the highest rating level and for the purposes of that section—\n\n(a) the criteria to be met are the criteria published under section 153(1) immediately before the commencement day; and\n\n(b) the overall rating level is to be determined in accordance with the National Quality Standard as in force immediately before the commencement day.\n\nSch. Pt 15 Div. 7 (Heading and Sch. ss 336–339) inserted by No. 43/2022 s. 38.\n\nDivision 7—Transitional provisions—Early Childhood Legislation Amendment Act 2022\n\nSch. s. 336 inserted by No. 43/2022 s. 38.\n\n","sortOrder":421},{"sectionNumber":"336","sectionType":"section","heading":"Transitional provision—notification of persons with management or control of an education and care service","content":"\t336 Transitional provision—notification of persons with management or control of an education and care service\n\n(1) For the purposes of section 173(1)(b), a person who is a person with management or control on the commencement day is taken to be appointed as a person with management or control on that day.\n\n(2) Subsection (1) does not apply to a person who, immediately before the commencement day, was a person with management or control within the meaning of this Law as in force immediately before the commencement day.\n\n***commencement day***, in relation to a participating jurisdiction, means the day on which section 16 of the **Early Childhood Legislation Amendment Act 2022** comes into operation in that jurisdiction.\n\nSch. s. 337 inserted by No. 43/2022 s. 38.\n\n","sortOrder":422},{"sectionNumber":"337","sectionType":"section","heading":"Transitional provision—assessment of provider approval applications","content":"\t337 Transitional provision—assessment of provider approval applications\n\n(1) Section 14, as amended by section 17 of the **Early Childhood Legislation Amendment Act 2022**, applies in relation to—\n\n(a) an application for a provider approval that was made but had not been determined before the commencement day; and\n\n(b) a reassessment that had commenced but had not yet been completed before the commencement day.\n\n***commencement day***, in relation to a participating jurisdiction, means the day on which section 17 of the **Early Childhood Legislation Amendment Act 2022** comes into operation in that jurisdiction.\n\nSch. s. 338 inserted by No. 43/2022 s. 38.\n\n","sortOrder":423},{"sectionNumber":"338","sectionType":"section","heading":"Transitional provision—service waivers","content":"\t338 Transitional provision—service waivers\n\n(1) Despite the commencement of section 27 of the **Early Childhood Legislation Amendment Act 2022**—\n\n(a) this Law as in force immediately before the commencement day continues to apply in respect of a service waiver that was in force immediately before the commencement day; and\n\n(b) the service waiver continues in force on and after the commencement day until it is revoked by the Regulatory Authority.\n\n***commencement day***, in relation to a participating jurisdiction, means the day on which section 27 of the **Early Childhood Legislation Amendment Act 2022** comes into operation in that jurisdiction.\n\nSch. s. 339 inserted by No. 43/2022 s. 38.\n\n","sortOrder":424},{"sectionNumber":"339","sectionType":"section","heading":"Transitional provision—temporary waivers","content":"\t339 Transitional provision—temporary waivers\n\n(1) Despite the commencement of section 31 of the **Early Childhood Legislation Amendment Act 2022**—\n\n(a) this Law as in force immediately before the commencement day continues to apply in respect of a temporary waiver that was in force immediately before the commencement day; and\n\n(b) the temporary waiver continues in force on and after the commencement day until the earliest of the following—\n\n(i) the temporary waiver expires;\n\n(ii) the temporary waiver is revoked by the Regulatory Authority.\n\n***commencement day***, in relation to a participating jurisdiction, means the day on which section 31 of the **Early Childhood Legislation Amendment Act 2022** comes into operation in that jurisdiction.\n\nSch. Pt 15 Div. 8 (Heading and Sch. s. 340) inserted by No. 33/2023 s. 10.\n\nDivision 8—Transitional provisions—Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023\n\nSch. s. 340 inserted by No. 33/2023 s. 10.\n\n","sortOrder":425},{"sectionNumber":"340","sectionType":"section","heading":"Transitional provision—approvals in principle—applications for service approval","content":"\t340 Transitional provision—approvals in principle—applications for service approval\n\n(a) a participating jurisdiction declares that section 49A applies to, and in relation to, that jurisdiction; and\n\n(b) before, on or after the commencement day , a person makes an application for a service approval in respect of education and care service premises located in a Part 4 building; and\n\n(c) before the commencement day, a permit or approval under a Part 4 planning law or Part 4 building law was issued for the premises.\n\n(2) Despite section 49A(2)—\n\n(a) the applicant for the service approval is not required to be an approval in principle holder for the premises; and\n\n(b) the Regulatory Authority must not refuse to grant a service approval on the ground that the applicant is not an approval in principle holder for the premises.\n\n(3) In this Division—\n\n***commencement day***, in relation to a mandatory approval in principle jurisdiction, means the day on which section 49A is declared to come into operation in that jurisdiction.\n\nSCHEDULES\n\nSCHEDULE 1\n\nMiscellaneous provision relating to interpretation\n\n(Section 6)\n\n**Part 1 Preliminary**\n\n**1 Displacement of Schedule by contrary intention**\n\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.\n\n**Part 2 General**\n\n**2 Law to be construed not to exceed legislative power of Legislature**\n\n(1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\n\n(2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction—\n\n(a) it is a valid provision to the extent to which it is not in excess of the power; and\n\n(b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n\n(3) This clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n\n**3 Every section to be a substantive enactment**\n\nEvery section of this Law has effect as a substantive enactment without introductory words.\n\n**4 Material that is, and is not, part of this Law**\n\n(1) The heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\n\n(2) A Schedule to this Law is part of this Law.\n\n(3) Punctuation in this Law is part of this Law.\n\n(4) A heading to a section or subsection of this Law does not form part of this Law.\n\n(5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law.\n\n**5 References to particular Acts and to enactments**\n\nIn this Law—\n\n(a) an Act of this jurisdiction may be cited—\n\n(ii) by reference to the year in which it was passed and its number; and\n\n(b) a Commonwealth Act may be cited—\n\n(ii) in another way sufficient in a Commonwealth Act for the citation of such an Act;\n\ntogether with a reference to the Commonwealth; and\n\n(c) an Act of another jurisdiction may be cited—\n\n(ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act;\n\ntogether with a reference to the jurisdiction.\n\n**6 References taken to be included in Act or Law citation etc**\n\n(1) A reference in this Law to an Act includes a reference to—\n\n(a) the Act as originally enacted, and as amended from time to time since its original enactment; and\n\n(b) if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re-enacted, and as amended from time to time since its re‑enactment.\n\n(2) A reference in this Law to a provision of this Law or of an Act includes a reference to—\n\n(a) the provision as originally enacted, and as amended from time to time since its original enactment; and\n\n(b) if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.\n\n(3) Subclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n\n**7 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.\n\n**8 Use of extrinsic material in interpretation**\n\n(1) In this clause—\n\n***extrinsic material*** means relevant material not forming part of this Law, including, for example—\n\n(a) material that is set out in the document containing the text of this Law as printed by the Government Printer; and\n\n(b) a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and\n\n(c) a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\n\n(d) a treaty or other international agreement that is mentioned in this Law; and\n\n(e) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and\n\n(f) the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and\n\n(g) material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and\n\n(h) a document that is declared by this Law to be a relevant document for the purposes of this clause.\n\n***ordinary meaning*** means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\n\n(2) Subject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation—\n\n(a) if the provision is ambiguous or obscure—to provide an interpretation of it; or\n\n(b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\n\n(c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\n(3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to—\n\n(a) the desirability of a provision being interpreted as having its ordinary meaning; and\n\n(b) the undesirability of prolonging proceedings without compensating advantage; and\n\n(c) other relevant matters.\n\n**9 Effect of change of drafting practice and use of examples**\n\nIf—\n\n(a) a provision of this Law expresses an idea in particular words; and\n\n(b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example—\n\n(i) the use of a clearer or simpler style; or\n\n(ii) the use of gender-neutral language;\n\nthe ideas must not be taken to be different merely because different words are used.\n\n**10 Use of examples**\n\nIf this Law includes an example of the operation of a provision—\n\n(a) the example is not exhaustive; and\n\n(b) the example does not limit, but may extend, the meaning of the provision; and\n\n(c) the example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.\n\n**11 Compliance with forms**\n\n(1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\n\n(2) If a form prescribed or approved by or for the purpose of this Law requires—\n\n(a) the form to be completed in a specified way; or\n\n(b) specified information or documents to be included in, attached to or given with the form; or\n\n(c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way,\n\nthe form is not properly completed unless the requirement is complied with.\n\n**Part 3 Terms and references**\n\n**12 Definitions**\n\n(1) In this Law—\n\n***Act*** means an Act of the Legislature of this jurisdiction.\n\n***adult*** means an individual who is 18 or more.\n\n***affidavit***, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.\n\n***amend*** includes—\n\n(a) omit or omit and substitute; or\n\n(b) alter or vary; or\n\n(c) amend by implication.\n\n***appoint*** includes reappoint.\n\n***Australia*** means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\n\n***business day*** means a day that is not—\n\n(a) a Saturday or Sunday; or\n\n(b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\n\n***calendar month*** means a period starting at the beginning of any day of one of the 12 named months and ending—\n\n(a) immediately before the beginning of the corresponding day of the next named month; or\n\n(b) if there is no such corresponding day—at the end of the next named month.\n\n***calendar year*** means a period of 12 months beginning on 1 January.\n\n***commencement***, in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation.\n\n***Commonwealth*** means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\n\n***confer***, in relation to a function, includes impose.\n\n***contravene*** includes fail to comply with.\n\n***country*** includes—\n\n(a) a federation; or\n\n(b) a state, province or other part of a federation.\n\n***date of assent***, in relation to an Act, means the day on which the Act receives the Royal Assent.\n\n***definition*** means a provision of this Law (however expressed) that—\n\n(a) gives a meaning to a word or expression; or\n\n(b) limits or extends the meaning of a word or expression.\n\n***document*** includes—\n\n(a) any paper or other material on which there is writing; or\n\n(b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or\n\n(c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device).\n\n***electronic communication*** means—\n\n(a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\n\n(b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.\n\n***estate*** includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity.\n\n***expire*** includes lapse or otherwise cease to have effect.\n\n***external Territory*** means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act.\n\n***fail*** includes refuse.\n\n***financial year*** means a period of 12 months beginning on 1 July.\n\n***foreign country*** means a country (whether or not an independent sovereign State) outside Australia and the external Territories.\n\n***function*** includes a power, authority or duty.\n\n***Gazette*** means the Government Gazette of this jurisdiction.\n\n***gazetted*** means published in the Gazette.\n\n***Gazette notice*** means notice published in the Gazette.\n\n***Government Printer*** means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument.\n\n***individual*** means a natural person.\n\n***information system*** means a system for generating, sending, receiving, storing or otherwise processing electronic communications.\n\n***insert***, in relation to a provision of this Law, includes substitute.\n\n***instrument*** includes a statutory instrument.\n\n***interest***, in relation to land or other property, means—\n\n(a) a legal or equitable estate in the land or other property; or\n\n(b) a right, power or privilege over, or in relation to, the land or other property.\n\n***internal Territory*** means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.\n\n***Jervis Bay Territory*** means the Territory mentioned in the *Jervis Bay Territory Acceptance Act 1915* (Cwlth).\n\n***make*** includes issue or grant.\n\n***minor*** means an individual who is under 18.\n\n***modification*** includes addition, omission or substitution.\n\n***month*** means a calendar month.\n\n***named month*** means 1 of the 12 months of the year.\n\n***Northern Territory*** means the Northern Territory of Australia.\n\n***number*** means—\n\n(a) a number expressed in figures or words; or\n\n(b) a letter; or\n\n(c) a combination of a number so expressed and a letter.\n\n***oath***, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise.\n\n***office*** includes position.\n\n***omit***, in relation to a provision of this Law or an Act, includes repeal.\n\n***party*** includes an individual or a body politic or corporate.\n\n***penalty*** includes forfeiture or punishment.\n\n***power*** includes authority.\n\n***prescribed*** means prescribed by, or by regulations made or in force for the purposes of or under, this Law.\n\n***printed*** includes typewritten, lithographed or reproduced by any mechanical means.\n\n***proceeding*** means a legal or other action or proceeding.\n\n***property*** means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.\n\n***provision***, in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act, and includes—\n\n(a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act; or\n\n(b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; or\n\n(c) the long title and any preamble to the Act.\n\n***record*** includes information stored or recorded by means of a computer.\n\n***repeal*** includes—\n\n(a) revoke or rescind; or\n\n(b) repeal by implication; or\n\n(c) abrogate or limit the effect of this Law or instrument concerned; or\n\n(d) exclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance.\n\n***sign*** includes the affixing of a seal or the making of a mark.\n\n***statutory declaration*** means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding.\n\n***statutory instrument*** means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument.\n\n***swear***, in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise.\n\n***word*** includes any symbol, figure or drawing.\n\n***writing*** includes any mode of representing or reproducing words in a visible form.\n\n(2) In a statutory instrument—\n\n***the Law*** means this Law.\n\n**13 Provisions relating to defined terms and gender and number**\n\n(1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n\n(2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n\n(3) In this Law, words indicating a gender include each other gender.\n\n(4) In this Law—\n\n(a) words in the singular include the plural; and\n\n(b) words in the plural include the singular.\n\n**14 Meaning of \"may\" and \"must\" etc**\n\n(1) In this Law, the word ***may***, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n\n(2) In this Law, the word ***must***, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n\n(3) This clause has effect despite any rule of construction to the contrary.\n\n**15 Words and expressions used in statutory instruments**\n\n(1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\n\n(2) This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n\n**16 Effect of express references to bodies corporate and individuals**\n\nIn this Law, a reference to a person generally (whether the expression \"person\", \"party\", \"someone\", \"anyone\", \"no-one\", \"one\", \"another\" or \"whoever\" or another expression is used)—\n\n(a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and\n\n(b) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).\n\n**17 Production of records kept in computers etc**\n\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—\n\n(a) to produce the information or a document containing the information to a court, tribunal or person; or\n\n(b) to make a document containing the information available for inspection by a court, tribunal or person;\n\nthen, unless the court, tribunal or person otherwise directs—\n\n(c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n\n(d) the production to the court, tribunal or person of the document in that form complies with the requirement.\n\n**18 References to this jurisdiction to be implied**\n\nIn this Law—\n\n(a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\n\n(b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.\n\n**19 References to officers and holders of offices**\n\nIn this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.\n\n**20 Reference to certain provisions of Law**\n\nIf a provision of this Law refers—\n\n(a) to a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or\n\n(b) to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or\n\n(c) to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—\n\n(i) the Division, designated by the number, of the Part in which the reference occurs; and\n\n(ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and\n\n(iii) the subsection, designated by the number, of the section in which the reference occurs; and\n\n(iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n\n(v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n\n(vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n\n(vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n\n(viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;\n\n**21 Reference to provisions of this Law or an Act is inclusive**\n\nIn this Law, a reference to a portion of this Law or an Act includes—\n\n(a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and\n\n(b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.\n\n**Example.**\n\nA reference to \"sections 5 to 9\" includes both section 5 and section 9.\n\nIt is not necessary to refer to \"sections 5 to 9 (both inclusive)\" to ensure that the reference is given an inclusive interpretation.\n\n**Part 4 Functions and powers**\n\n**22 Performance of statutory functions**\n\n(1) If this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\n\n(2) If this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\n\n(3) If this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.\n\n**23 Power to make instrument or decision includes power to amend or repeal**\n\nIf this Law authorises or requires the making of an instrument or decision—\n\n(a) the power includes power to amend or repeal the instrument or decision; and\n\n(b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.\n\n**24 Matters for which statutory instruments may make provision**\n\n(1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—\n\n(a) an Act or statutory instrument; or\n\n(b) another document (whether of the same or a different kind);\n\nas in force at a particular time or as in force from time to time.\n\n(2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\n\n(3) A statutory instrument may—\n\n(a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\n\n(b) apply generally to all persons, matters or things or be limited in its application to—\n\n(i) particular persons, matters or things; or\n\n(ii) particular classes of persons, matters or things; or\n\n(c) otherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n\n(4) A statutory instrument may—\n\n(a) apply differently according to different specified factors; or\n\n(b) otherwise make different provision in relation to—\n\n(i) different persons, matters or things; or\n\n(ii) different classes of persons, matters or things.\n\n(5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\n\n(6) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\n\n(7) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\n\n(8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\n\n(9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n\n**25 Presumption of validity and power to make**\n\n(1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\n\n(2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.\n\n**26 Appointments may be made by name or office**\n\n(1) If this Law authorises or requires a person or body—\n\n(a) to appoint a person to an office; or\n\n(b) to appoint a person or body to exercise a power; or\n\n(c) to appoint a person or body to do another thing;\n\nthe person or body may make the appointment by—\n\n(d) appointing a person or body by name; or\n\n(e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\n(2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n\n**27 Acting appointments**\n\n(1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—\n\n(a) a person by name; or\n\n(b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned;\n\nto act in the office.\n\n(2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n\n(3) The appointer may—\n\n(a) determine the terms and conditions of the appointment, including remuneration and allowances; and\n\n(b) terminate the appointment at any time.\n\n(4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n\n(5) The appointee must not act for more than 1 year during a vacancy in the office.\n\n(6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—\n\n(a) the appointer otherwise directs; or\n\n(b) the vacancy is filled; or\n\n(c) the end of a year from the day of the vacancy;\n\nwhichever happens first.\n\n(7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n\n(8) While the appointee is acting in the office—\n\n(a) the appointee has all the powers and functions of the holder of the office; and\n\n(b) this Law and other laws apply to the appointee as if the appointee were the holder of the office.\n\n(9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because—\n\n(a) the occasion for the appointment had not arisen; or\n\n(b) the appointment had ceased to have effect; or\n\n(c) the occasion for the person to act had not arisen or had ceased.\n\n(10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n\n**28 Powers of appointment imply certain incidental powers**\n\n(1) If this Law authorises or requires a person or body to appoint a person to an office—\n\n(a) the power may be exercised from time to time as occasion requires; and\n\n(b) the power includes—\n\n(i) power to remove or suspend, at any time, a person appointed to the office; and\n\n(ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n\n(iii) power to reinstate or reappoint a person removed or suspended; and\n\n(iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n\n(v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n\n(2) The power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n\n(3) The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n\n(4) An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n\n**29 Delegation of functions**\n\n(1) If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—\n\n(a) a person or body by name; or\n\n(b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n\n(2) The delegation may be—\n\n(a) general or limited; and\n\n(b) made from time to time; and\n\n(c) revoked, wholly or partly, by the delegator.\n\n(3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\n\n(4) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n\n(5) The delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\n\n(6) A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\n\n(7) A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n\n(8) If, when exercised by the delegator, a function is dependent on the delegator's opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate's opinion, belief or state of mind.\n\n(9) If—\n\n(a) the delegator is a specified officer or the holder of a specified office; and\n\n(b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;\n\n(c) the delegation continues in force; and\n\nSch. 1 to Sch. cl. 29(9)(d) amended by No. 80/2011 s. 78(a).\n\n(d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.\n\n(10) If—\n\n(a) the delegator is a body; and\n\n(b) there is a change in the membership of the body;\n\n(c) the delegation continues in force; and\n\nSch. 1 to Sch. cl. 29(10)(d) amended by No. 80/2011 s. 78(b).\n\n(d) the body as constituted for the time being is taken to be the delegator for the purposes of this clause.\n\n(11) If a function is delegated to a specified officer or the holder of a specified office—\n\n(a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and\n\n(b) the function may be exercised by the person for the time being occupying or acting in the office concerned.\n\n(12) A function that has been delegated may, despite the delegation, be exercised by the delegator.\n\n(13) The delegation of a function does not relieve the delegator of the delegator's obligation to ensure that the function is properly exercised.\n\nSch. 1 to Sch. cl. 29(14) amended by No. 80/2011 s. 78(c).\n\n(14) Subject to subclause (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\n\n(15) If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n\n**30 Exercise of powers between enactment and commencement**\n\n(1) If a provision of this Law (the ***empowering provision***) that does not commence on its enactment would, had it commenced, confer a power—\n\n(a) to make an appointment; or\n\n(b) to make a statutory instrument of a legislative or administrative character; or\n\n(c) to do another thing;\n\n(d) the power may be exercised; and\n\n(e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\n\nbefore the empowering provision commences.\n\n(2) If a provision of a Victorian Act (the ***empowering provision***) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—\n\n(a) to make an appointment; or\n\n(b) to make a statutory instrument of a legislative or administrative character; or\n\n(c) to do another thing;\n\n(d) the power may be exercised; and\n\n(e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\n\nbefore the empowering provision commences.\n\n(3) If—\n\n(a) this Law has commenced and confers a power to make a statutory instrument (the ***basic instrument-making power***); and\n\n(b) a provision of a Victorian Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the ***additional instrument-making power***);\n\n(c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and\n\n(d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\n\n(4) If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—\n\n(a) enabling the exercise of a power mentioned in the subclause; or\n\n(b) bringing an appointment, instrument or other thing made or done under such a power into effect;\n\nthe instrument or provision takes effect—\n\n(c) on the making of the instrument; or\n\n(d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n\n(5) If—\n\n(a) an appointment is made under subclause (1) or (2); or\n\n(b) an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4);\n\nthe appointment, instrument or provision takes effect—\n\n(c) on the commencement of the relevant empowering provision; or\n\n(d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\n\n(6) Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n\n(7) After the enactment of a provision mentioned in subclause (2) but before the provision's commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\n\n(8) In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n\n**Part 5 Distance, time and age**\n\n**31 Matters relating to distance, time and age**\n\n(1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\n\n(2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—\n\n(a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\n\n(b) in any other case—by including the day on which the purpose is to be fulfilled.\n\n(3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\n\n(4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\n\n(5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\n\n(6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\n\n(7) For the purposes of this Law, a person attains an age in years at the beginning of the person's birthday for the age.\n\n**Part 6 Effect of repeal, amendment or expiration**\n\n**32 Time of Law ceasing to have effect**\n\nIf a provision of this Law is expressed—\n\n(a) to expire on a specified day; or\n\n(b) to remain or continue in force, or otherwise have effect, until a specified day;\n\nthis provision has effect until the last moment of the specified day.\n\n**33 Repealed Law provisions not revived**\n\nIf a provision of this Law is repealed or amended by a Victorian Act, or a provision of a Victorian Act, the provision is not revived merely because the Victorian Act or the provision of the Victorian Act—\n\n(a) is later repealed or amended; or\n\n(b) later expires.\n\n**34 Saving of operation of repealed Law provisions**\n\n(1) The repeal, amendment or expiry of a provision of this Law does not—\n\n(a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n\n(b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or\n\n(c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or\n\n(d) affect a penalty incurred in relation to an offence arising under the provision; or\n\n(e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n\n(2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n\n**35 Continuance of repealed provisions**\n\nIf a Victorian Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.\n\n**36 Law and amending Acts to be read as one**\n\nThis Law and all Victorian Acts amending this Law are to be read as one.\n\n**Part 7 Instruments under Law**\n\n**37 Schedule applies to statutory instruments**\n\n(1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\n\n(2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\n\n**Part 8 Application to coastal sea**\n\n**38 Application**\n\nThis Law has effect in and relation to the coastal sea of this jurisdiction as if that coastal sea were part of this jurisdiction.\n\nSCHEDULE 2\n\nPowers of Entry by search warrant\n\n\t1 Application for warrant\n\n(1) An authorised officer may apply to a magistrate of a participating jurisdiction for a search warrant in relation to premises if the officer believes on reasonable grounds that—\n\n(a) a person is or has been operating an education and care service at the premises in contravention of this Law; or\n\n(b) documents or other evidence relevant to the possible commission of an offence against this Law are present at the premises.\n\n(2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.\n\n(3) The written application must be sworn.\n\n(4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\n\n\t2 Issue of warrant\n\n(1) The magistrate may issue the warrant in respect of premises only if the magistrate is satisfied there are reasonable grounds to believe that—\n\n(a) a person is operating an education and care service at the premises in contravention of this Law; or\n\n(b) documents or other evidence relevant to the possible commission of an offence against this Law are present at the premises.\n\n(2) The warrant must state—\n\n(a) that a stated authorised officer may, with necessary and reasonable help and force—\n\n(i) enter the premises and any other premises necessary for entry; and\n\n(ii) exercise the authorised officer's powers under this Schedule; and\n\n(b) the matter for which the warrant is sought; and\n\n(c) the evidence that may be seized under the warrant; and\n\n(d) the hours of the day or night when the premises may be entered; and\n\n(e) the date, within 14 days after the warrant's issue, the warrant ends.\n\n\t3 Application by electronic communication\n\n(1) An authorised officer may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the authorised officer considers it necessary because of—\n\n(a) urgent circumstances; or\n\n(b) other special circumstances, including the authorised officer's remote location.\n\n(2) The application—\n\n(a) may not be made before the authorised officer prepares the written application under clause 1(2); but\n\n(b) may be made before the written application is sworn.\n\n(3) The magistrate may issue the warrant (the ***original warrant***) only if the magistrate is satisfied—\n\n(a) it was necessary to make the application under subclause (1); and\n\n(b) the way the application was made under subclause (1) was appropriate.\n\n(4) After the magistrate issues the original warrant—\n\n(a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\n\n(b) otherwise—\n\n(i) the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and\n\n(ii) the authorised officer must complete a form of warrant including by writing on it—\n\n(A) the magistrate's name; and\n\n(B) the date and time the magistrate issued the warrant; and\n\n(C) the other terms of the warrant.\n\n(5) The copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the ***duplicate warrant***), is a duplicate of, and as effectual as, the original warrant.\n\n(6) The authorised officer must, at the first reasonable opportunity, send to the magistrate—\n\n(a) the written application complying with clause 1(2) and (3); and\n\n(b) if the authorised officer completed a form of warrant under subclause (4)(b), the completed form of warrant.\n\n(7) The magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court.\n\n(8) Despite subclause (5), if—\n\n(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and\n\n(b) the original warrant is not produced in evidence—\n\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n\n(9) This clause does not limit clause 1.\n\n\t4 Procedure before entry under warrant\n\n(1) Before entering premises under a warrant, an authorised officer must do or make a reasonable attempt to do the following—\n\n(a) identify himself or herself to a person present at the premises who is an occupier of the premises by producing the authorised officer's identity card;\n\n(b) give the person a copy of the warrant;\n\n(c) tell the person the authorised officer is permitted by the warrant to enter the premises;\n\n(d) give the person an opportunity to allow the authorised officer immediate entry to the premises without using force.\n\n(2) However, the authorised officer need not comply with subclause (1) if the authorised officer reasonably believes that immediate entry to the premises is required to ensure the effective execution of the warrant is not frustrated.\n\n\t5 Powers after entering premises\n\n(1) This clause applies if an authorised officer enters premises under clause 4.\n\n(2) The authorised officer may for the purposes of the investigation do the following—\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(e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this Schedule;\n\n(f) require the occupier of the premises, or a person at the premises, to give the authorised officer reasonable help to exercise the authorised officer's powers under paragraphs (a) to (e);\n\n(g) 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\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 2 September 2010*\n\n *Legislative Council: 12 September 2010*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for a National Law to regulate education and care services for children and for other purposes.\"\n\nThe **Education and Care Services National Law Act 2010** was assented to on 12 October 2010 and came into operation as follows:\n\nPart 1 (sections 1–3), sections 4, 5, 6, 8, 18 and the Schedule (*except*  \nParts 2–9, section 229, Part 12, Divisions 1–5 of Part 13, sections 271, 272, 279, 280, Division 3 of Part 14, sections 285–288, 289(3)(4), 290–292, Divisions 5–7 of Part 14, Divisions 1 and 2 of Part 15, sections 322, 323 and Schedule 2 of the National Law set out in the Schedule) on 1 January 2011: Special Gazette (No. 502) 20 December 2010 pages 1, 2.\n\nSections 7, 9–16, 17, 19 and the remaining provisions of the Schedule (*except* sections 70(d), 152, 153(2)–(4), 154–159, Division 6 of Part 5, sections 172(d), 266–268 and 270(1)(d), (2), (3) and (4) of the National Law set out in the Schedule) on 1 January 2012: Special Gazette (No. 423) 21 December 2011 page 1.\n\nSections 70(d), 152, 153(2)–(4), 154–159, Division 6 of Part 5, sections 172(d), 266–268 and 270(1)(d), (2), (3) and (4) of the National Law set out in the Schedule on 1 May 2013: Special Gazette (No. 156) 23 April 2013 page 1.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Education and Care Services National Law Act 2010** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Education and Care Services National Law Act 2010, No. 69/2010**\n\n| Assent Date: | 12.10.10 |\n| Commencement Date: | S. 18(5) on 1.11.11: Special Gazette (No. 502) 20.12.10 pp 1, 2; Sch. ss 330(2), 331(2) inserted on 1.10.17 by No. 9/2017: Special Gazette (No. 303) 12.9.17 p. 1 |\n| Note: | S. 18(5) repealed s. 18 on 31.12.12; Sch. s. 330(2) provided that Sch. s. 330 expired on 31.12.21; Sch. s. 331(2) provided that Sch. s. 331 expired on 31.12.21 |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Children's Services Amendment Act 2011, No. 80/2011**\n\n| Assent Date: | 21.12.11 |\n| Commencement Date: | Ss 60–78 on 22.12.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Fines Reform Act 2014, No. 47/2014**\n\n| *Assent Date:* | 1.7.14 |\n| *Commencement Date:* | S. 263 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| Assent Date: | 2.9.14 |\n| Commencement Date: | S. 140(Sch. 3 item 14) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Education and Care Services National Law Amendment Act 2017, No. 9/2017**\n\n| Assent Date: | 27.3.17 |\n| Commencement Date: | Ss 4−29, 32–67 on 1.10.17: Special Gazette (No. 303) 12.9.17 p. 1; ss 30, 31, 68 on 1.2.18: Special Gazette (No. 303) 12.9.17 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017**\n\n| Assent Date: | 16.5.17 |\n| Commencement Date: | S. 134(Sch. 1 item 7) on 1.9.17: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Worker Screening Act 2020, No. 34/2020**\n\n| Assent Date: | 4.11.20 |\n| Commencement Date: | S. 206 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022**\n\n| Assent Date: | 29.3.22 |\n| *Commencement Date:* | Ss 6–14, 63 on 30.3.22: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Early Childhood Legislation Amendment Act 2022, No. 43/2022**\n\n| Assent Date: | 27.9.22 |\n| Commencement Date: | S. 99 on 28.9.22: s. 2(1); ss 3–6 on 1.1.23: s. 2(2); ss 15–21, 34, 38 on 1.7.23: Special Gazette (No. 253) 23.5.23 p. 1; ss 22–33, 35–37, 52–98 on 1.10.23: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023, No. 33/2023**\n\n| Assent Date: | 21.11.23 |\n| Commencement Date: | Ss 3−10 on 22.11.23: s. 2(1); ss 11, 12 on 1.10.24: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Victorian Early Childhood Regulatory Authority Act 2025, No. 49/2025**\n\n| Assent Date: | 25.11.25 |\n| Commencement Date: | Ss 55–58 on 1.1.26: Special Gazette (No. 672) 2.12.25 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Early Childhood Legislation Amendment (Child Safety) Act 2025, No. 53/2025**\n\n| Assent Date: | 9.12.25 |\n| Commencement Date: | Ss 3–12, 110, 124 on 10.12.25: s. 2(1); ss 13–60, 111–115 on 2.1.26: s. 2(2); ss 61–109, 116–123 on 27.2.26: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n**Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025**\n\n| Assent Date: | 16.12.25 |\n| Commencement Date: | Ss 60, 61 on 23.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":426}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since it was first made in 2010. Initially focused on establishing the basic national framework, subsequent amendments have broadened coverage, tightened educator qualification requirements, adjusted staff-to-child ratios, and strengthened enforcement mechanisms. The national quality framework it underpins has also evolved through regulatory changes that effectively extend the practical reach of the legislation beyond its original design."},"complexity_factors":["Cooperative national legislative scheme involving multiple jurisdictions — Victoria 'hosts' the law which other states and territories adopt by reference, creating layered legal complexity","Interaction between this Act and subordinate regulations (the National Regulations) which carry much of the operational detail","Multiple regulatory bodies involved (ACECQA at national level plus state/territory regulatory authorities), creating overlapping jurisdiction","Detailed licensing and approval frameworks with multiple categories of service types, each with different requirements","Extensive compliance and enforcement provisions including infringement notices, prosecution, suspension and cancellation of approvals","Provisions affecting constitutional validity across different jurisdictions require careful drafting and interpretation","The version information provided in the source material is incomplete, limiting full analysis of current provisions and amendments","Significant volume of defined terms that carry precise legal meanings distinct from everyday usage"],"plain_english_summary":"## Education and Care Services National Law Act 2010\n\nThis Victorian Act is part of a **national cooperative scheme** that regulates childcare and early education services across Australia.\n\n### What does it do?\nIt establishes the legal framework for regulating services that look after and educate children — including **long day care centres, family day care, kindergartens, preschools, and outside school hours care**.\n\n### Who does it affect?\n- **Parents and families** who use childcare or early education services\n- **Childcare providers and operators** who run these services\n- **Educators and staff** working in early childhood settings\n- **Regulators** (state/territory authorities and the national body, ACECQA — the Australian Children's Education and Care Quality Authority)\n\n### Why does it matter?\nThis law sets the **minimum standards** that childcare and education services must meet, covering things like:\n- **Staff-to-child ratios** (how many adults must supervise a given number of children)\n- **Qualifications** educators must hold\n- **Physical safety** of premises\n- **Approval and licensing** requirements for services\n- **Penalties** for breaches of the rules\n\nIt creates a **nationally consistent** system so that standards are the same whether you're in Victoria, Queensland, or anywhere else in Australia. Before this law, each state had its own rules, which made things inconsistent.\n\n### Note on this version\nThe version metadata provided is incomplete, so a full assessment of all specific provisions could not be made. The analysis is based on the known scope of this legislation."},"kimi_summary":{"_metrics":{"completionTokens":753},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2010 scope. Major additions include: Part 2A (Child Safe Standards integration, 2022); Part 2B with 40+ Victorian modifications (2025) covering disciplinary proceedings, emergency closures, device restrictions, insurance prohibitions, and large provider penalties; Part 4 approval-in-principle for high-rise buildings (2023); and Part 6A device controls (2025). The 2025 amendments alone added systemic risk provisions, related provider determinations, and a national worker register, transforming a quality assurance scheme into a comprehensive child safety and corporate accountability framework."},"complexity_factors":["Extensive cross-referencing between the Victorian Act and the Schedule (National Law), with modifications applied via 'as if' provisions","47+ defined terms in section 5(1) of the National Law, plus additional Victorian-specific definitions","Nested conditional logic throughout – e.g., penalties vary by offender type (individual, large provider, other entity)","Multiple amendment layers with version 026 incorporating changes from 2010 through 2026","Part 2B contains 40+ Victorian-specific modifications that must be read as if part of the National Law","Complex enforcement hierarchy: show cause notices → directions → suspension → cancellation → prohibition notices → disciplinary proceedings","Systemic risk provisions creating related provider determinations with cross-jurisdictional effects","Emergency powers and ministerial directions operating alongside regulatory authority powers","Device restrictions in Part 6A with multiple exceptions and authorisation pathways","Large provider penalty modifications creating three-tier penalty structures across 20+ offence provisions"],"plain_english_summary":"This is the **Education and Care Services National Law Act 2010** (Victoria), which establishes a comprehensive national framework for regulating early childhood education and care services in Australia.\n\n**What it does:**\n\nThe Act creates a two-tier approval system for anyone wanting to run childcare or early education services:\n- **Provider approval** – for the organisation or person running services\n- **Service approval** – for each individual centre or facility\n\nIt sets national standards for safety, staffing, educational programs, and physical premises. The law covers long day care, family day care, outside school hours care, and preschools.\n\n**Key requirements:**\n- Services must meet the **National Quality Standard** and are rated against it\n- Staff need working with children checks and minimum qualifications\n- Services must have a **nominated supervisor** present when operating\n- There are strict rules about supervision, child protection, and prohibited behaviour\n- **Child Safe Standards** are mandatory conditions on all service approvals in Victoria\n\n**Enforcement powers:**\n- The **Victorian Early Childhood Regulatory Authority** can inspect services, issue compliance notices, suspend or cancel approvals, and issue prohibition notices banning individuals from working with children\n- Authorised officers can enter premises, seize documents, and require information\n- There are significant penalties for breaches, with higher penalties for **large providers** (major childcare chains)\n\n**Recent additions (2025):**\n- New rules restricting **personal devices** (phones, cameras) when staff are working directly with children\n- **Disciplinary proceedings** against providers and supervisors\n- **Emergency powers** to close services during emergencies\n- **Mandatory reporting** of sexual misconduct by staff\n- **Insurance restrictions** – providers can't insure against fines\n\n**Who it affects:**\n- Anyone operating or working in childcare or early education\n- Parents using these services\n- The Regulatory Authority and National Authority that administer the scheme"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act (2010) established a basic national quality framework for education and care services. Subsequent amendments—especially the 2022 and 2025 child safety reforms—have significantly expanded its scope. It now includes detailed child safe standards, mandatory approval in principle for buildings, a National Early Childhood Worker Register, new offences for device use and inappropriate conduct, enhanced powers to issue directions and emergency closures, and a concept of 'related providers' allowing regulatory action based on risks from connected entities. The law has shifted from a quality assurance system to a comprehensive child safety regulatory regime."},"complexity_factors":["Extremely long (over 400 pages) with hundreds of sections and multiple schedules","Numerous defined terms (over 100 in section 5 alone) with cross-references across parts","Heavily amended (over 15 amendment acts, many adding whole new parts)","Multiple layers of modifications: Victoria modifies the National Law via Parts 2A and 2B, creating conditional application","Complex enforcement hierarchy: internal review, external review, disciplinary proceedings, court orders","Nested exceptions and conditional provisions (e.g., suspension without show cause, immediate risk tests)","Interactions with other Acts (e.g., Building Act, Corporations Act, Family Assistance Act) increase complexity","Transitional provisions across multiple amendment acts add historical layers"],"plain_english_summary":"This law creates a uniform national system for regulating child care and early education services (like long day care, family day care, and preschools) for children under 13. It sets out who can run these services (providers must be approved), what standards they must meet (quality and safety), and how they are rated and monitored. The law also gives authorities power to investigate complaints, issue fines, and suspend or cancel approvals if services don't comply. Over time, Victoria has added extra rules—like requiring services to follow Child Safe Standards, banning staff from using personal phones while with children, and creating a national worker register. It affects anyone operating a child care service, staff working in them, and families using them."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-care-services-national-law-act-2010","history":"/api/acts/education-and-care-services-national-law-act-2010/history","analysis":"/api/acts/education-and-care-services-national-law-act-2010/analysis","conflicts":"/api/acts/education-and-care-services-national-law-act-2010/conflicts","importantCases":"/api/acts/education-and-care-services-national-law-act-2010/important-cases","documents":"/api/acts/education-and-care-services-national-law-act-2010/documents"}}