{"id":"a-2011-42","name":"Education and Care Services National Law (ACT) Act 2011","slug":"education-and-care-services-national-law-act-act-2011","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"42 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23460,"registerId":"act-a-2011-42-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education and Care Services National Law (ACT) Act 2011","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEducation and Care Services National\nLaw (ACT) Act 2011\nA2011-42\nRepublication No 10\nEffective: 10 October 2024\nRepublication date: 10 October 2024\nLast amendment made by A2024-33\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Education and Care Services National Law (ACT) Act 2011\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 10 October 2024. It also includes any commencement, amendment, repeal or\nexpiry affecting this republished law to 10 October 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEducation and Care Services National\nLaw (ACT) Act 2011\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Terms used in Education and Care Services National Law (ACT) 2\n5 Notes 2\nPart 2 Adoption of National Law\n6 Adoption of Education and Care Services National Law 3\n7 Exclusion of territory laws 4\n8 Meaning of generic terms in Education and Care Services National\nLaw for this jurisdiction 5\n9 Relevant tribunal or court 6\n\nContents\nPage\ncontents 2 Education and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\nR10\n10/10/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Regulatory Authority 6\n11 Children’s services law 6\n12 Education law 6\n13 Former education and care services law 6\n14 Infringements law 7\n15 Public sector law 7\n16 Working with children law 7\n17 Working with vulnerable people law 7\n17A Part 4 building law and Part 4 planning law 7\n17B Application for approval in principle 8\n18 Penalty at end of provision 8\nPart 3 Miscellaneous\n19 Regulation-making power 9\nPart 10 Transitional—Applications for service\napproval\n50 Meaning of commencement day—pt 10 10\n51 Application of national law, s 49A to certain applications for approval 10\n52 Expiry—pt 10 11\nDictionary 12\nEndnotes\n1 About the endnotes 13\n2 Abbreviation key 13\n3 Legislation history 14\n4 Amendment history 15\n5 Earlier republications 17\n\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEducation and Care Services National\nLaw (ACT) Act 2011\nAn Act to apply a national law relating to the regulation of education and care\nservices for children\n\nPart 1 Preliminary\nSection 1\npage 2 Education and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\nR10\n10/10/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Education and Care Services National Law (ACT)\nAct 2011.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n4 Terms used in Education and Care Services National\nLaw (ACT)\nTerms used in this Act and also in the Education and Care Services\nNational Law set out in the schedule to the Victorian Act have the\nsame meaning in this Act as they have in that Law.\n5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nAdoption of National Law Part 2\nSection 6\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Adoption of National Law\n6 Adoption of Education and Care Services National Law\n(1) Subject to this section, the Education and Care Services National\nLaw, as in force from time to time, set out in the schedule to the\nVictorian Act—\n(a) applies as a territory law; and\n(b) as so applying may be referred to as the Education and Care\nServices National Law (ACT); and\n(c) so applies as if it were part of this Act.\n(2) For the Education and Care Services National Law (ACT),\nsection 105 (Application of Part to certain participating jurisdictions\nonly)—\n(a) the Territory is a participating jurisdiction; and\n(b) part 4 (Approval in principle for education and care service\npremises located in certain types of buildings) of that Law\napplies as a territory law.\n(3) The Education and Care Services National Law (ACT), section 49A\n(Additional ground for refusal in certain participating jurisdictions—\nmandatory approval in principle) applies as a territory law.\n(4) A law that amends the Education and Care Services National Law set\nout in the schedule to the Victorian Act and is passed by the Victorian\nParliament after this Act’s notification day must be presented to the\nLegislative Assembly.\n(5) The amending law may be disallowed by the Legislative Assembly in\nthe same way, and within the same period, that a disallowable\ninstrument may be disallowed.\nNote See the Legislation Act, s 65 (Disallowance by resolution of Assembly).\n\nPart 2 Adoption of National Law\nSection 7\npage 4 Education and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\nR10\n10/10/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) If the amending law is not presented to the Legislative Assembly in\naccordance with subsection (4), or is disallowed under subsection (5),\nthe Education and Care Services National Law applying under\nsubsection (1) is taken—\n(a) not to include the amendments made by the amending law; and\n(b) to include any provision repealed or amended by the amending\nlaw as if the amending law had not been made.\n(7) Section 303 (4) (Parliamentary scrutiny of national regulations) and\nsection 340 (Transitional provision—approvals in principle—\napplications for service approval) of the Education and Care Services\nNational Law set out in the schedule to the Victorian Act do not apply\nas a territory law.\n(8) To remove any doubt, the Education and Care Services National\nLaw (ACT), section 303 (5) and section 304 (Effect of disallowance\nof national regulation) apply as a territory law.\n7 Exclusion of territory laws\n(1) The following territory laws do not apply to the Education and Care\nServices National Law (ACT) or to the instruments made under that\nLaw:\n(a) the Criminal Code 2002;\n(b) the Freedom of Information Act 2016;\n(c) the Information Privacy Act 2014;\n(d) the Legislation Act 2001.\n(2) Subsection (1) (d) does not limit the application of the Legislation Act\nto this Act.\n\nAdoption of National Law Part 2\nSection 8\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The following territory laws do not apply to the Education and Care\nServices National Law (ACT) or to the instruments made under that\nLaw, except to the extent that that Law and those instruments apply\nto the Regulatory Authority and the employees, decisions, actions and\nrecords of the Regulatory Authority:\n(a) the Annual Reports (Government Agencies) Act 2004;\n(b) the Auditor-General Act 1996;\n(c) the Financial Management Act 1996;\n(d) the Ombudsman Act 1989;\n(e) the Public Sector Management Act 1994;\n(f) the Territory Records Act 2002.\n8 Meaning of generic terms in Education and Care Services\nNational Law for this jurisdiction\nIn the Education and Care Services National Law (ACT):\nchild protection law means the Children and Young People Act 2008.\nNote A reference to a law includes a reference to the statutory instruments\nmade or in force under the law (see Legislation Act, s 104).\nde facto relationship means a domestic partnership.\nmagistrate means a Magistrate under the Magistrates Court\nAct 1930.\npublic authority means a body established for a public purpose under\nan Act.\nregistered teacher means a registered teacher under the ACT Teacher\nQuality Institute Act 2010.\nsuperior court means the Supreme Court.\nthis jurisdiction means the Australian Capital Territory.\n\nPart 2 Adoption of National Law\nSection 9\npage 6 Education and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\nR10\n10/10/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Relevant tribunal or court\nFor the definition of relevant tribunal or court in the Education and\nCare Services National Law (ACT), section 5—\n(a) the Magistrates Court is the relevant court or tribunal for that\nLaw, section 181; and\n(b) the ACAT is declared to be the relevant court or tribunal for that\nLaw, part 8.\n10 Regulatory Authority\nFor the definition of Regulatory Authority in the Education and Care\nServices National Law (ACT), section 5, the director-general is the\nRegulatory Authority.\n11 Children’s services law\nFor the definition of children’s services law in the Education and\nCare Services National Law (ACT) the Children and Young People\nAct 2008, chapter 20 is a children’s services law.\n12 Education law\nFor the definition of education law in the Education and Care\nServices National Law (ACT), section 5, the Education Act 2004 is an\neducation law.\n13 Former education and care services law\nFor the definition of former education and care services law in the\nEducation and Care Services National Law (ACT), section 5—\n(a) the Children and Young People Act 2008, chapter 20, is a former\neducation and care services law; and\n(b) the Education Act 2004 is a former education and care services\nlaw.\n\nAdoption of National Law Part 2\nSection 14\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Infringements law\nFor the definition of infringements law in the Education and Care\nServices National Law (ACT), section 5, the Magistrates Court\nAct 1930, part 3.8 is an infringements law.\n15 Public sector law\nFor the definition of public sector law in the Education and Care\nServices National Law (ACT), section 5, the Public Sector\nManagement Act 1994 is a public sector law.\n16 Working with children law\nFor the definition of working with children law in the Education and\nCare Services National Law (ACT), in section 5, the Working with\nVulnerable People (Background Checking) Act 2011 is a working\nwith children law.\n17 Working with vulnerable people law\nFor the definition of working with vulnerable people law in the\nEducation and Care Services National Law (ACT), section 5, the\nWorking with Vulnerable People (Background Checking) Act 2011 is\na working with vulnerable people law.\n17A Part 4 building law and Part 4 planning law\n(1) For the definition of Part 4 building law in the Education and Care\nServices National Law (ACT), section 5, the Building Act 2004 is a\nPart 4 building law.\n(2) For the definition of Part 4 planning law in the Education and Care\nServices National Law (ACT), section 5, the Planning Act 2023 is a\nPart 4 planning law.\n\nPart 2 Adoption of National Law\nSection 17B\npage 8 Education and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\nR10\n10/10/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17B Application for approval in principle\nFor the Education and Care Services National Law (ACT),\nsection 107 (2), an application for an approval in principle must be\nmade to the Regulatory Authority not later than—\n(a) if, under the Planning Act 2023, a development approval is\nrequired for the education and care service premises—the day\nbefore the application for development approval is made; or\n(b) in any other case—the day before an application for building\napproval for the education and care service premises is made\nunder the Building Act 2004.\n18 Penalty at end of provision\nIn the Education and Care Services National Law (ACT) a penalty\nspecified at the end of a provision indicates that a contravention of\nthe provision is punishable on conviction by a penalty not more than\nthe specified penalty.\n\nMiscellaneous Part 3\nSection 19\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Miscellaneous\n19 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nPart 10 Transitional—Applications for service approval\nSection 50\npage 10 Education and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\nR10\n10/10/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 10 Transitional—Applications for\nservice approval\n50 Meaning of commencement day—pt 10\nIn this part:\ncommencement day means the day the Education and Care Services\nNational Law (ACT) Amendment Act 2024, section 5 commences.\n51 Application of national law, s 49A to certain applications\nfor approval\n(1) This section applies if—\n(a) before, on or after the commencement day, an application for\nservice approval for an education and care service is made under\nthe Education and Care Services National Law (ACT),\nsection 43 (Application for service approval); and\n(b) before the commencement day—\n(i) if, under the Planning Act 2023, a development approval is\nrequired for the education and care service premises—\nan application for a development approval for the premises\nis made; or\n(ii) in any other case—an application for building approval for\nthe education and care service premises is made under the\nBuilding Act 2004.\n(2) The Education and Care Services National Law (ACT), section 49A\n(Additional ground for refusal in certain participating jurisdictions—\nmandatory approval in principle) does not apply to the application for\nservice approval.\n\nTransitional—Applications for service approval Part 10\nSection 52\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n52 Expiry—pt 10\nThis part expires 5 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nDictionary\npage 12 Education and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\nR10\n10/10/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• director-general (see s 163)\n• domestic partnership (see s 169 (2))\n• Magistrates Court\n• Supreme Court\n• territory law.\nEducation and Care Services National Law (ACT) means the\nprovisions applying in this jurisdiction because of section 6.\nVictorian Act means the Education and Care Services National Law\nAct 2010 (Vic).\nNote A reference to a law (including a Victorian Act) includes a reference to\nthe law as originally made and as amended (see Legislation Act, s 102).\n\nEndnotes\nAbout the endnotes 1\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 14 Education and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\nR10\n10/10/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nEducation and Care Services National Law (ACT) Act 2011 A2011-42\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nremainder commenced 1 January 2012 (s 2 and CN2011-16)\nas amended by\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 1 pt 1.1\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 1 pt 1.1 commenced 25 November 2013 (s 2)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.9 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.9 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.12\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.12 commenced 23 June 2021 (s 2 (1))\nEducation and Care Services National Law (ACT) Amendment\nAct 2024 A2024-33\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\ns 5, s 7, s 8, s 13 commenced 10 October 2024 (s 2 (2))\nremainder commenced 11 July 2024 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nAdoption of Education and Care Services National Law\ns 6 am A2013-44 amdt 1.1\n(6), (7) exp 25 November 2013 (s 6 (7))\nam A2024-33 s 4, s 6, s 9\n(7), (8) exp 11 July 2024 (s 6 (8))\nam A2024-33 s 5, s 7, s 8; ss renum R10 LA\nExclusion of territory laws\ns 7 am A2016-55 amdt 4.11; A2024-33 s 10, s 11; pars, ss renum\nR8 LA\nRegulatory Authority\ns 10 am A2021-12 amdt 3.28\nPart 4 building law and Part 4 planning law\ns 17A ins A2024-33 s 12\nApplication for approval in principle\ns 17B ins A2024-33 s 12\nTransitional\npt 4 hdg exp 1 January 2015 (s 23)\nDefinitions—pt 4\ns 20 exp 1 January 2015 (s 23)\ndef childcare services standards exp 1 January 2015 (s 23)\ndef government preschool exp 1 January 2015 (s 23)\ndef licensed childcare service exp 1 January 2015 (s 23)\nTransitional definitions\ns 21 exp 1 January 2015 (s 23)\nTransitional regulations\ns 22 exp 1 January 2013 (s 22 (4))\nExpiry—pt 4\ns 23 exp 1 January 2015 (s 23)\nTransitional—Applications for service approval\npt 10 hdg ins A2024-33 s 13\nexp 10 October 2029 (s 52)\nMeaning of commencement day—pt 10\ns 50 ins A2024-33 s 13\nexp 10 October 2029 (s 52)\n\nEndnotes\n4 Amendment history\npage 16 Education and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\nR10\n10/10/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nApplication of national law, s 49A to certain applications for approval\ns 51 ins A2024-33 s 13\nexp 10 October 2029 (s 52)\nExpiry—pt 10\ns 52 ins A2024-33 s 13\nexp 10 October 2029 (s 52)\nDictionary\ndict am A2021-12 amdt 3.29, amdt 3.30\n\nEndnotes\nEarlier republications 5\nR10\n10/10/24\nEducation and Care Services National Law (ACT)\nAct 2011\nEffective: 10/10/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 Jan 2012\n1 Jan 2012–\n1 Jan 2013\nnot amended new Act\nR2\n2 Jan 2013\n2 Jan 2013–\n24 Nov 2013\nnot amended expiry of\ntransitional\nprovision (s 22)\nR3\n25 Nov 2013\n25 Nov 2013–\n25 Nov 2013\nA2013-44 amendments by\nA2013-44\nR4\n26 Nov 2013\n26 Nov 2013–\n1 Jan 2015\nA2013-44 expiry of provision\n(s 6 (6), (7))\nR5\n2 Jan 2015\n2 Jan 2015–\n31 Dec 2017\nA2013-44 expiry of\ntransitional\nprovision (pt 4)\nR6\n1 Jan 2018\n1 Jan 2018–\n22 June 2021\nA2017-14 amendments by\nA2016-55 (as\namended by\nA2017-14)\nR7\n23 June 2021\n23 June 2021–\n10 July 2024\nA2021-12 amendments by\nA2021-12\nR8\n11 July 2024\n11 July 2024–\n11 July 2024\nA2024-33 amendments by\nA2024-33\nR9\n12 July 2024\n12 July 2024–\n9 Oct 2024\nA2024-33 expiry of provision\n(s 6 (7), (8))\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Since the original adoption, the Act’s scope has been modified by later amendments (notably A2024‑33). Changes include explicit incorporation of Part 4 building and planning law definitions (s 17A) and a procedural requirement for approval in principle to be sought before lodging development or building approval applications (s 17B). The 2024 amendments also inserted transitional Part 10 (ss 50–52) with a limited expiry, so which applications are subject to the new mandatory approval‑in‑principle rule depends on application timing. See amendment history (Endnotes; A2024‑33) and ss 17A, 17B, 50–52."},"complexity_factors":["Cross‑jurisdictional adoption: the Act applies a separate Victorian schedule (Education and Care Services National Law) as ACT law, creating dependence on amendments passed in another Parliament (see s 6).","Amendment and parliamentary oversight: Victorian amendments must be presented to, and may be disallowed by, the ACT Legislative Assembly (s 6(4)–(6)), adding an inter‑parliamentary scrutiny step.","Selective non‑application of Territory laws: multiple ACT statutes are excluded from applying to the national law or instruments under it (s 7), complicating interactions with local statutory regimes.","Local term mapping: many defined terms in the national law are mapped to ACT statutes or offices (s 8, ss 10–17A), requiring readers to consult several Acts (e.g. Building Act 2004, Planning Act 2023, Working with Vulnerable People Act 2011).","Approval timing linkage: a new timing rule requires applicants to seek an approval in principle before lodging planning or building approval applications (s 17B), creating a procedural sequencing obligation for developers/providers.","Transitional arrangements and expiries: Part 10 (ss 50–52) creates time‑limited transitional rules with an expiry date, so regulatory obligations vary by application timing.","Delegation and discretion: the director‑general is designated Regulatory Authority (s 10) and the Executive can make regulations (s 19), concentrating decision and rule‑making power in the executive branch.","Omitted national provisions: the Act excludes certain national provisions from applying in the Territory (s 6(7)), requiring careful reading to know which national rules are in force.","Penalty framing and enforcement: penalties are specified by reference to penalty units and offences carry convictions (introductory notes; s 18), linking enforcement to other financial and procedural frameworks."],"plain_english_summary":"This Act adopts the Education and Care Services National Law (the Victorian schedule) so it operates as the ACT’s law regulating early childhood and care services. It maps national terms to ACT laws and agencies (for example, the director-general is the Regulatory Authority), excludes some Territory statutes from applying to the national law, and sets timing rules for approval‑in‑principle tied to ACT planning and building approvals. The primary parties affected are service providers (applicants for approval), the Regulatory Authority (decision‑maker) and applicants who must meet planning/building and working‑with‑vulnerable‑people checks."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2011 Act was a straightforward 'application statute' that adopted the national childcare law with minimal local machinery. However, the 2024 amendments significantly expanded its scope by adding Part 4 building and planning law integration (ss 17A-17B) and a new Part 10 transitional scheme. These changes transformed the Act from a simple 'pass-through' mechanism into an active gatekeeper for building safety in childcare premises, creating new mandatory pre-approval requirements and complex timing rules that didn't exist in the original scheme."},"complexity_factors":["The Act is short (19 sections plus dictionary) but functionally complex because it 'imports' an entire external statute (the Victorian Education and Care Services National Law) by reference, meaning the full regulatory scheme is not visible in this document","Extensive cross-referencing to external legislation—maps terms to at least 10 other ACT statutes (Children and Young People Act, Education Act, Building Act, Planning Act, etc.)","Conditional application of excluded laws (s 7) with specific exceptions (e.g., Legislation Act still applies to the application Act itself but not the imported National Law)","Disallowance mechanism (s 6(4)-(6)) creates a conditional legislative procedure where Victorian amendments can be blocked by the ACT Legislative Assembly","Transitional provisions (Part 10) with sunset clauses (5-year expiry) and conditional triggers based on commencement dates and prior application statuses","Recent amendments (2024) added nested timing requirements for 'approval in principle' applications relative to development/building approvals (s 17B)"],"plain_english_summary":"This Act adopts the Victorian Education and Care Services National Law for the ACT so national regulations for childcare and early education apply here, while mapping key roles and courts to ACT bodies and keeping certain local laws excluded. It affects childcare operators, staff, parents, the ACT regulatory authority and developers. The result: consistent national standards across jurisdictions with local administrative control over approvals, inspections and appeals."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-care-services-national-law-act-act-2011","history":"/api/acts/education-and-care-services-national-law-act-act-2011/history","analysis":"/api/acts/education-and-care-services-national-law-act-act-2011/analysis","conflicts":"/api/acts/education-and-care-services-national-law-act-act-2011/conflicts","importantCases":"/api/acts/education-and-care-services-national-law-act-act-2011/important-cases","documents":"/api/acts/education-and-care-services-national-law-act-act-2011/documents"}}