{"id":"BILL-WA-E77E17DF59A74F1648258C7B000FAB02","name":"Education and Care Services National Law Application Bill 2025","slug":"education-and-care-services-national-law-application-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-04-30","administeringDepartment":null,"currentVersion":{"id":446148,"registerId":"BILL-WA-E77E17DF59A74F1648258C7B000FAB02:current","compilationNumber":null,"startDate":"2025-04-30","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:22.393Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Education and Care Services National Law Application Bill 2025\n\n13—1 page i\nWestern Australia\nEducation and Care Services National Law\nApplication Bill 2025\nContents\nPart 1 — Preliminary\n1. Short title 2\n2. Commencement 2\n3. Terms used 2\n4. Act binds Crown 4\nPart 2 — Education and Care\nServices National Law\nDivision 1 — Application of National Law\n5. Application of National Law as law of the State 5\n6. Tabling amending Acts 5\n7. Disallowance of amending Acts 6\n8. Commencement of provisions of amending Acts 7\n9. Amending Acts enacted after 30 April 2025 but\nbefore commencement day 7\n10. Tabling of amending Act taken to be publication\nfor Standing Orders 7\nDivision 2 — Application of National\nRegulations\n11. Application of National Regulations as subsidiary\nlegislation of the State 8\n12. Tabling amending regulations 9\n13. Disallowance of amending regulations 9\n14. Commencement of provisions of amending\nregulations 10\n\nEducation and Care Services National Law Application Bill 2025\nContents\npage ii\n15. Tabling of amending regulations taken to be\npublication for Standing Orders 11\n16. Amendment of National Regulations by amending\nAct provision 11\nDivision 3 — Jurisdiction-specific matters for\nNational Law\n17. Commencement of National Law as law of the\nState 11\n18. Meaning of generic terms in Education and Care\nServices National Law (WA) for purposes of this\njurisdiction 12\n19. Children’s services law 13\n20. Children’s services regulator 13\n21. Education law 13\n22. Former education and care services law 13\n23. Infringements law 14\n24. Public sector law 14\n25. Regulatory Authority 14\n26. Relevant tribunal or court 14\n27. Working with children law 15\nDivision 4 — Relationship with other laws\n28. Interaction between Education and Care Services\nNational Law (WA) and this Act 15\n29. Exclusion of legislation of this jurisdiction 15\n30. Application of Public Sector Management\nAct 1994 to specific entities 16\nPart 3 — Modification of National\nLaw\n31. Modification of National Law 18\n32. Transitional modification regulations 18\n33. Section 3 of National Law modified 19\n34. Section 5 of National Law modified 19\n35. Section 10 of National Law modified 21\n36. Section 11 of National Law modified 21\n37. Section 17 of National Law replaced 22\n38. Section 22 of National Law modified 22\n39. Section 25 of National Law modified 22\n\nEducation and Care Services National Law Application Bill 2025\nContents\npage iii\n40. Section 37 of National Law modified 23\n41. Section 39 of National Law modified 23\n42. Section 40 of National Law modified 24\n43. Section 44 of National Law modified 24\n44. Section 51 of National Law modified 24\n45. Section 54 of National Law modified 24\n46. Section 56 of National Law modified 25\n47. Section 59 of National Law modified 25\n48. Section 62 of National Law modified 25\n49. Section 70 of National Law modified 25\n50. Section 85 of National Law modified 26\n51. Section 88 of National Law modified 26\n52. Section 95 of National Law modified 26\n53. Section 139 of National Law modified 26\n54. Section 141 of National Law modified 27\n55. Section 179A of National Law modified 27\n56. Part 7 Division 3A inserted in National Law 27\n57. Section 197 of National Law modified 30\n58. Section 204 of National Law modified 30\n59. Section 206 of National Law modified 31\n60. Section 215 of National Law modified 31\n61. Section 216 of National Law modified 31\n62. Section 219 of National Law modified 31\n63. Section 225 of National Law modified 32\n64. Section 270 of National Law modified 32\n65. Section 302 of National Law modified 33\n66. Section 303 of National Law modified 33\n67. Part 15 Divisions 1 to 6 of National Law deleted 33\n68. Section 336 of National Law modified 33\n69. Section 337 of National Law modified 33\n70. Section 338 of National Law modified 34\n71. Section 339 of National Law modified 34\n72. Schedule 1 of National Law modified 34\nPart 4 — Other matters\n73. Local regulations 35\n74. Review of Act 35\n\nEducation and Care Services National Law Application Bill 2025\nContents\npage iv\nPart 5 — Repeals and transitional\nprovisions\nDivision 1 — Repeals\n75. Written laws repealed 37\nDivision 2 — Transitional provisions\n76. Terms used 37\n77. Application of Interpretation Act 1984 38\n78. References to the Law and this Law 38\n79. New Law operates as continuation of former Law 39\n80. New regulations operate as continuation of former\nregulations 44\n81. Transitional regulations 46\nPart 6 — Consequential amendments\nDivision 1 — Amendment to this Act\n82. Act amended 48\n83. Section 29 amended 48\nDivision 2 — Parliamentary Commissioner\nAct 1971 amended\n84. Act amended 48\n85. Section 19D amended 48\n86. Schedule 2 amended 48\nDivision 3 — Privacy and Responsible\nInformation Sharing Act 2024 amended\n87. Act amended 49\n88. Part 6 Division 1 deleted 49\nDivision 4 — Spent Convictions Act 1988\namended\n89. Act amended 49\n90. Schedule 3 amended 49\nDivision 5 — Working with Children (Screening)\nAct 2004 amended\n91. Act amended 50\n92. Section 4 amended 50\n93. Section 5 amended 50\n\nEducation and Care Services National Law Application Bill 2025\nContents\npage v\nDivision 6 — Other amendments\n94. References to “Education and Care Services\nNational Law (Western Australia)” amended 50\nDefined terms\n\npage 1\nWestern Australia\nLEGISLATIVE ASSEMBLY\nEducation and Care Services National Law\nApplication Bill 2025\nA Bill for\nAn Act —\n• to apply the Education and Care Services National Law (with\nmodifications) as a law of the State; and\n• to repeal the Education and Care Services National Law (WA)\nAct 2012 and the Education and Care Services National\nRegulations 2012; and\n• to make savings and transitional arrangements; and\n• to make consequential amendments to various other Acts; and\n• for related purposes.\nThe Parliament of Western Australia enacts as follows:\n\nEducation and Care Services National Law Application Bill 2025\nPart 1 Preliminary\ns. 1\npage 2\nPart 1 — Preliminary1\n1. Short title2\nThis is the Education and Care Services National Law3\nApplication Act 2025.4\n2. Commencement5\n(1) This Act comes into operation as follows —6\n(a) Part 1 (but only sections 1 and 2) — on the day on7\nwhich this Act receives the Royal Assent;8\n(b) Part 6 Division 1 comes into operation —9\n(i) if the Privacy and Responsible Information10\nSharing Act 2024 Schedule 1 comes into11\noperation on or before the day on which12\nsection 29 of this Act comes into operation —13\nimmediately after section 29 of this Act comes14\ninto operation; or15\n(ii) otherwise — on the day on which the Privacy16\nand Responsible Information Sharing Act 202417\nSchedule 1 comes into operation;18\n(c) the rest of the Act — on a day fixed by proclamation19\n(proclamation day).20\n(2) If the Privacy and Responsible Information Sharing Act 202421\nsection 231 comes into operation before proclamation day,22\nPart 6 Division 3 of this Act —23\n(a) does not come into operation; and24\n(b) is deleted on proclamation day.25\n3. Terms used26\n(1) In this Act —27\namend, the National Law or National Regulations, means —28\n(a) add to the National Law or National Regulations; or29\n\nEducation and Care Services National Law Application Bill 2025\nPreliminary Part 1\ns. 3\npage 3\n(b) renumber, replace, substitute or repeal 1 or more1\nprovisions of the National Law or National Regulations;2\nor3\n(c) otherwise vary the National Law or National4\nRegulations;5\namending Act means a Victorian Act that —6\n(a) receives the Royal Assent after 30 April 2025; and7\n(b) amends the National Law or National Regulations;8\namending regulations means regulations that —9\n(a) are made by the Ministerial Council under section 30110\nof the National Law after commencement day; and11\n(b) amend the National Regulations;12\ncommencement day means the day on which section 5 comes13\ninto operation;14\nEducation and Care Services National Law Regulations (WA)15\nmeans the provisions applying as subsidiary legislation for the16\npurposes of the Education and Care Services National Law17\n(WA) because of section 11;18\nEducation and Care Services National Law (WA) means the19\nNational Law as it applies in the State because of section 5;20\nlocal regulations means regulations made under section 73;21\nNational Law means the Education and Care Services National22\nLaw set out in the Schedule to the Education and Care Services23\nNational Law Act 2010 (Victoria);24\nNational Regulations means the regulations made by the25\nMinisterial Council under section 301 of the National Law;26\ntransitional modification regulation has the meaning given in27\nsection 32(3).28\n(2) If a term used in this Act is given a meaning in the Education29\nand Care Services National Law (WA), it has the same meaning30\nin this Act.31\n\nEducation and Care Services National Law Application Bill 2025\nPart 1 Preliminary\ns. 4\npage 4\n4. Act binds Crown1\nThis Act binds the Crown in right of Western Australia and, so2\nfar as the legislative power of the Parliament permits, the Crown3\nin all its other capacities.4\n\nEducation and Care Services National Law Application Bill 2025\nEducation and Care Services National Law Part 2\nApplication of National Law Division 1\ns. 5\npage 5\nPart 2 — Education and Care Services National Law1\nDivision 1 — Application of National Law2\n5. Application of National Law as law of the State3\n(1) In this section —4\nEducation and Care Services National Law means the National5\nLaw as in force on 30 April 2025 —6\n(a) as amended by each amending Act that —7\n(i) has effect for the purposes of this Part under8\nsection 7; and9\n(ii) has come into operation for the purposes of this10\nPart under section 8;11\nand12\n(b) as modified by —13\n(i) Part 3; and14\n(ii) the transitional modification regulations (if any).15\n(2) The Education and Care Services National Law —16\n(a) applies as a law of the State; and17\n(b) as so applying, may be referred to as the Education and18\nCare Services National Law (WA); and19\n(c) so applies as if it were an Act.20\n6. Tabling amending Acts21\nAn amending Act must be laid before each House of Parliament22\nwithin 18 sitting days of the House after the day on which that23\nAct receives the Royal Assent.24\n\nEducation and Care Services National Law Application Bill 2025\nPart 2 Education and Care Services National Law\nDivision 1 Application of National Law\ns. 7\npage 6\n7. Disallowance of amending Acts1\n(1) In this section —2\ndisallowance period, in relation to a disallowance resolution of3\nwhich notice is given in a House of Parliament, means the4\nperiod of 30 sitting days of the House after the day on which the5\nnotice is given;6\ndisallowance resolution means a resolution that an amending7\nAct be disallowed;8\nnotice period, in relation to an amending Act laid before a9\nHouse of Parliament under section 6, means the period of10\n14 sitting days of the House after the day on which the11\namending Act is laid before it.12\n(2) An amending Act has effect for the purposes of this Part if the13\namending Act is laid before each House of Parliament under14\nsection 6 and either —15\n(a) no notice of a disallowance resolution is given in either16\nHouse within the notice period; or17\n(b) at least 1 notice of a disallowance resolution is given in18\na House within the notice period and, for each such19\nnotice, 1 of the following applies —20\n(i) the notice is withdrawn or discharged within the21\ndisallowance period;22\n(ii) the disallowance resolution is lost in the House23\nor not agreed to within the disallowance period.24\n(3) For the purposes of this section and section 6 —25\n(a) the period specified in section 6, a notice period or a26\ndisallowance period continues to run even though a27\nHouse of Parliament is prorogued or dissolved or28\nexpires; and29\n(b) notice of a disallowance resolution given in a House of30\nParliament, or a motion that an amending Act be31\n\nEducation and Care Services National Law Application Bill 2025\nEducation and Care Services National Law Part 2\nApplication of National Law Division 1\ns. 8\npage 7\ndisallowed in the House, does not lapse even though the1\nHouse is prorogued or dissolved or expires.2\n8. Commencement of provisions of amending Acts3\n(1) If an amending Act has effect for the purposes of this Part under4\nsection 7(2), the Governor must declare that fact by5\nproclamation as soon as practicable.6\n(2) If a provision of the amending Act has come into operation in7\nVictoria before the proclamation is published —8\n(a) the proclamation must fix a day on which the provision9\ncomes into operation for the purposes of this Part, which10\nmust be after the day on which the proclamation is11\npublished; and12\n(b) the provision comes into operation for the purposes of13\nthis Part on that day.14\n(3) If a provision of the amending Act has not come into operation15\nin Victoria before the proclamation is published, the provision16\ncomes into operation for the purposes of this Part when the17\nprovision comes into operation in Victoria.18\n9. Amending Acts enacted after 30 April 2025 but before19\ncommencement day20\nIf an amending Act receives the Royal Assent after21\n30 April 2025, but before commencement day, sections 6 to 822\napply to that Act as if it received the Royal Assent on23\ncommencement day.24\n10. Tabling of amending Act taken to be publication for25\nStanding Orders26\n(1) In this section —27\nparliamentary committee means a committee established by28\neither or both of the Houses of Parliament.29\n\nEducation and Care Services National Law Application Bill 2025\nPart 2 Education and Care Services National Law\nDivision 2 Application of National Regulations\ns. 11\npage 8\n(2) If a Standing Order of a House of Parliament provides that on1\nthe publication of an instrument under a written law the2\ninstrument is referred to a parliamentary committee for3\nconsideration, the laying of an amending Act before the House4\nunder section 6 is taken to be publication of that Act for the5\npurposes of the Standing Order.6\n(3) This section does not apply if the Standing Orders of the House7\nprovide specifically for an amending Act to be considered by a8\nparliamentary committee.9\nDivision 2 — Application of National Regulations10\n11. Application of National Regulations as subsidiary legislation11\nof the State12\n(1) In this section —13\nEducation and Care Services National Law Regulations means14\nthe National Regulations as in force on commencement day —15\n(a) as amended by —16\n(i) each amending regulation that has effect under17\nsection 13, and has come into operation under18\nsection 14, for the purposes of this Part; and19\n(ii) each amending Act that has effect under20\nsection 7, and has come into operation under21\nsection 8, for the purposes of this Part;22\nand23\n(b) as modified by local regulations.24\n(2) The Education and Care Services National Law Regulations —25\n(a) apply as a law of the State; and26\n(b) as so applying, may be referred to as the Education and27\nCare Services National Law Regulations (WA); and28\n(c) apply as subsidiary legislation for the purposes of the29\nEducation and Care Services National Law (WA).30\n\nEducation and Care Services National Law Application Bill 2025\nEducation and Care Services National Law Part 2\nApplication of National Regulations Division 2\ns. 12\npage 9\n12. Tabling amending regulations1\nAmending regulations must be laid before each House of2\nParliament within 18 sitting days of the House after the day on3\nwhich the amending regulations are published on the NSW4\nLegislation website in accordance with section 302(1) of the5\nNational Law.6\nNote for this section:7\nUnder section 29(1), the Interpretation Act 1984 sections 41 and 42 do8\nnot apply to amending regulations.9\n13. Disallowance of amending regulations10\n(1) In this section —11\ndisallowance period, in relation to a disallowance resolution of12\nwhich notice is given in a House of Parliament, means the13\nperiod of 30 sitting days of the House after the day on which the14\nnotice is given;15\ndisallowance resolution means a resolution that amending16\nregulations be disallowed;17\nnotice period, in relation to amending regulations laid before a18\nHouse of Parliament under section 12, means the period of19\n14 sitting days of the House after the day on which the20\namending regulations are laid before it.21\n(2) Amending regulations have effect for the purposes of this Part if22\nthe amending regulations are laid before each House of23\nParliament under section 12 and either —24\n(a) no notice of a disallowance resolution is given in either25\nHouse within the notice period; or26\n(b) at least 1 notice of a disallowance resolution is given in27\na House within the notice period and, for each such28\nnotice, 1 of the following applies —29\n(i) the notice is withdrawn or discharged within the30\ndisallowance period;31","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Education and Care Services National Law Application Bill 2025\nPart 2 Education and Care Services National Law\nDivision 2 Application of National Regulations\ns. 14\npage 10\n(ii) the disallowance resolution is lost in the House1\nor not agreed to within the disallowance period.2\n(3) For the purposes of this section and section 12 —3\n(a) the period specified in section 12, a notice period or a4\ndisallowance period continues to run even though a5\nHouse of Parliament is prorogued or dissolved or6\nexpires; and7\n(b) notice of a disallowance resolution given in a House of8\nParliament, or a motion that amending regulations be9\ndisallowed in the House, does not lapse even though the10\nHouse is prorogued or dissolved or expires.11\n14. Commencement of provisions of amending regulations12\n(1) If amending regulations have effect for the purposes of this Part13\nunder section 13(2), the Governor must declare that fact by14\nproclamation as soon as practicable.15\n(2) If a provision of the amending regulations has come into16\noperation under the National Law before the proclamation is17\npublished —18\n(a) the proclamation must fix a day on which the provision19\ncomes into operation for the purposes of this Part, which20\nmust be after the day on which the proclamation is21\npublished; and22\n(b) the provision comes into operation for the purposes of23\nthis Part on that day.24\n(3) If a provision of the amending regulations has not come into25\noperation under the National Law before the proclamation is26\npublished, the provision comes into operation for the purposes27\nof this Part when the provision comes into operation under the28\nNational Law.29\n\nEducation and Care Services National Law Application Bill 2025\nEducation and Care Services National Law Part 2\nJurisdiction-specific matters for National Law Division 3\ns. 15\npage 11\n15. Tabling of amending regulations taken to be publication for1\nStanding Orders2\n(1) In this section —3\nparliamentary committee means a committee established by4\neither or both of the Houses of Parliament.5\n(2) If a Standing Order of a House of Parliament provides that on6\nthe publication of an instrument under a written law the7\ninstrument is referred to a parliamentary committee for8\nconsideration, the laying of amending regulations before the9\nHouse under section 12 is taken to be publication of the10\namending regulations for the purposes of the Standing Order.11\n(3) This section does not apply if the Standing Orders of the House12\nprovide specifically for amending regulations to be considered13\nby a parliamentary committee.14\n16. Amendment of National Regulations by amending Act15\nprovision16\n(1) If the National Regulations are amended by a provision of an17\namending Act, the amendment of the regulations has effect for18\nthe purposes of this Part if —19\n(a) the amending Act has effect for the purposes of this Part20\nunder section 7; and21\n(b) the provision of the amending Act comes into operation22\nfor the purposes of this Part under section 8.23\n(2) Sections 12 and 13 do not apply to an amendment of the24\nNational Regulations made by an amending Act.25\nDivision 3 — Jurisdiction-specific matters for National Law26\n17. Commencement of National Law as law of the State27\nFor the purposes of the Education and Care Services National28\nLaw (WA) section 2, the Law as it applies in the State because29\n\nEducation and Care Services National Law Application Bill 2025\nPart 2 Education and Care Services National Law\nDivision 3 Jurisdiction-specific matters for National Law\ns. 18\npage 12\nof section 5 of this Act comes into operation on commencement1\nday.2\n18. Meaning of generic terms in Education and Care Services3\nNational Law (WA) for purposes of this jurisdiction4\nIn the Education and Care Services National Law (WA) —5\nchild protection law means the Children and Community6\nServices Act 2004;7\ncourt means the Magistrates Court of Western Australia8\nestablished under the Magistrates Court Act 2004 section 4(1);9\nde facto relationship has the meaning given in the10\nInterpretation Act 1984 section 13A;11\nlocal authority means a local government established under the12\nLocal Government Act 1995;13\nmagistrate means —14\n(a) a magistrate as defined in the Magistrates Court15\nAct 2004 section 3; or16\n(b) a justice of the peace;17\npublic authority means —18\n(a) a department of the Public Service; or19\n(b) a State agency or instrumentality; or20\n(c) a local government, regional local government or21\nregional subsidiary; or22\n(d) a body, whether corporate or unincorporate, or the23\nholder of an office, post or position, established or24\ncontinued for a public purpose under a written law;25\nregistered teacher has the meaning given in the Teacher26\nRegistration Act 2012 section 3;27\nsuperior court means the Supreme Court of Western Australia;28\nthis jurisdiction means Western Australia.29\n\nEducation and Care Services National Law Application Bill 2025\nEducation and Care Services National Law Part 2\nJurisdiction-specific matters for National Law Division 3\ns. 19\npage 13\n19. Children’s services law1\nFor the purposes of the definition of children’s services law in2\nthe Education and Care Services National Law (WA)3\nsection 5(1), the Child Care Services Act 2007 and the4\nregulations made under that Act are declared to be a children’s5\nservices law in relation to this jurisdiction for the purposes of6\nthat Law.7\n20. Children’s services regulator8\nFor the purposes of the definition of children’s services9\nregulator in the Education and Care Services National Law10\n(WA) section 5(1), the chief executive officer of the department11\nprincipally assisting in the administration of the Child Care12\nServices Act 2007 is declared to be the children’s services13\nregulator in relation to this jurisdiction for the purposes of that14\nLaw.15\n21. Education law16\nFor the purposes of the definition of education law in the17\nEducation and Care Services National Law (WA) section 5(1),18\neach of the following laws is declared to be an education law in19\nrelation to this jurisdiction for the purposes of that Law —20\n(a) the School Education Act 1999 and the regulations made21\nunder that Act;22\n(b) the Teacher Registration Act 2012 and the regulations23\nmade under that Act.24\n22. Former education and care services law25\nFor the purposes of the definition of former education and care26\nservices law in the Education and Care Services National Law27\n(WA) section 5(1), each of the following laws is declared to be a28\n\nEducation and Care Services National Law Application Bill 2025\nPart 2 Education and Care Services National Law\nDivision 3 Jurisdiction-specific matters for National Law\ns. 23\npage 14\nformer education and care services law in relation to this1\njurisdiction for the purposes of that Law —2\n(a) the Education and Care Services National Law (Western3\nAustralia) and the regulations made under that Law;4\n(b) the Child Care Services Act 2007 and the regulations5\nmade under that Act (both as in force immediately6\nbefore the commencement of the Education and Care7\nServices National Law (Western Australia) Part 3).8\n23. Infringements law9\nFor the purposes of the definition of infringements law in the10\nEducation and Care Services National Law (WA) section 5(1),11\nthe Criminal Procedure Act 2004 Part 2 and the regulations12\nmade for the purposes of that Part of that Act are declared to be13\nan infringements law in relation to this jurisdiction for the14\npurposes of that Law.15\n24. Public sector law16\nFor the purposes of the definition of public sector law in the17\nEducation and Care Services National Law (WA) section 5(1),18\nthe Public Sector Management Act 1994 and the regulations19\nmade under that Act are declared to be a public sector law in20\nrelation to this jurisdiction for the purposes of that Law.21\n25. Regulatory Authority22\nFor the purposes of the definition of Regulatory Authority in23\nthe Education and Care Services National Law (WA)24\nsection 5(1), the chief executive officer of the department25\nprincipally assisting in the administration of the Child Care26\nServices Act 2007 is declared to be the Regulatory Authority in27\nrelation to this jurisdiction for the purposes of that Law.28\n26. Relevant tribunal or court29\nFor the purposes of the definition of relevant tribunal or court30\nin the Education and Care Services National Law (WA)31\n\nEducation and Care Services National Law Application Bill 2025\nEducation and Care Services National Law Part 2\nRelationship with other laws Division 4\ns. 27\npage 15\nsection 5(1), the State Administrative Tribunal is declared to be1\nthe relevant tribunal or court in relation to this jurisdiction for2\nthe purposes of that Law.3\n27. Working with children law4\nFor the purposes of the definition of working with children law5\nin the Education and Care Services National Law (WA)6\nsection 5(1), the Working with Children (Screening) Act 20047\nand the regulations made under that Act are declared to be a8\nworking with children law in relation to this jurisdiction for the9\npurposes of that Law.10\nDivision 4 — Relationship with other laws11\n28. Interaction between Education and Care Services National12\nLaw (WA) and this Act13\nIf a provision of this Act is inconsistent with the Education and14\nCare Services National Law (WA), the provision of this Act15\nprevails to the extent of the inconsistency.16\n29. Exclusion of legislation of this jurisdiction17\n(1) The Interpretation Act 1984 does not apply to the Education18\nand Care Services National Law (WA) or to the Education and19\nCare Services National Law Regulations (WA).20\nNote for this subsection:21\nSee the Education and Care Services National Law (WA) section 6.22\n(2) The following enactments of this jurisdiction do not apply to the23\nEducation and Care Services National Law (WA) or to the24\ninstruments made under the Law (except as applied under the25\nLaw) —26\n(a) the Auditor General Act 2006;27\n(b) the Financial Management Act 2006;28\n(c) the Freedom of Information Act 1992;29\n(d) the Parliamentary Commissioner Act 1971;30\n\nEducation and Care Services National Law Application Bill 2025\nPart 2 Education and Care Services National Law\nDivision 4 Relationship with other laws\ns. 30\npage 16\n(e) the Public Sector Management Act 1994;1\n(f) the State Records Act 2000.2\n(3) However, an Act mentioned in subsection (2) applies to a public3\nsector body as defined in the Public Sector Management4\nAct 1994 section 3(1), and an employee of the body, performing5\na function under the Education and Care Services National6\nLaw (WA).7\n30. Application of Public Sector Management Act 1994 to8\nspecific entities9\n(1) This section applies for the purposes of the Education and Care10\nServices National Law (WA) and any other Act or law.11\n(2) Each of the following bodies is not an agency as defined in the12\nPublic Sector Management Act 1994 section 3(1) —13\n(a) the Ministerial Council as defined in the Education and14\nCare Services National Law (WA) section 5(1);15\n(b) the Australian Children’s Education and Care Quality16\nAuthority (the National Authority) established under the17\nEducation and Care Services National Law (WA)18\nsection 224(1);19\n(c) the Australian Children’s Education and Care Quality20\nAuthority Board (the Board) established under the21\nEducation and Care Services National Law (WA)22\nsection 230;23\n(d) a committee established by the Board under the24\nEducation and Care Services National Law (WA)25\nsection 247(1);26\n(e) a person declared by a law of a participating jurisdiction,27\nother than this jurisdiction, to be the Regulatory28\nAuthority for that jurisdiction or for a class of education29\nand care services for that jurisdiction;30\n\nEducation and Care Services National Law Application Bill 2025\nEducation and Care Services National Law Part 2\nRelationship with other laws Division 4\ns. 30\npage 17\n(f) the Ratings Review Panel established under the1\nEducation and Care Services National Law (WA)2\nsection 146(1).3\n(3) To the extent that a person is any of the following under the4\nEducation and Care Services National Law (WA), the person is5\nnot a public service officer as defined in the Public Sector6\nManagement Act 1994 section 3(1) —7\n(a) a member of the Board;8\n(b) the chief executive officer of the National Authority;9\n(c) an employee of a body mentioned in subsection (2);10\n(d) a person engaged by the National Authority as a11\nconsultant or contractor.12\n\nEducation and Care Services National Law Application Bill 2025\nPart 3 Modification of National Law\ns. 31\npage 18\nPart 3 — Modification of National Law1\n31. Modification of National Law2\n(1) For the purposes of the definition of Education and Care3\nServices National Law in section 5(1), the National Law applies4\nas if amended as set out in this Part.5\n(2) However, if a transitional modification regulation is in effect,6\nthe National Law applies as if amended as set out in —7\n(a) this Part, other than the sections disapplied by the8\nregulation; and9\n(b) the regulation.10\n32. Transitional modification regulations11\n(1) This section applies if —12\n(a) an amending Act has effect for the purpose of Part 213\nunder section 7; and14\n(b) a modification of the National Law set out in this Part15\ncannot be given effect because of an amendment of the16\nNational Law made by the amending Act (the affected17\nmodification).18\n(2) Local regulations may —19\n(a) disapply the section that sets out the affected20\nmodification; or21\n(b) set out a modification of the National Law to the extent22\nnecessary to give effect to the affected modification; or23\n(c) provide for a matter or issue of a transitional nature that24\narises as a result of the amending Act coming into25\noperation or a local regulation setting out a modification26\nas mentioned in paragraph (b); or27\n(d) provide for a matter or issue of a savings or application28\nnature in relation to an affected modification.29\n\nEducation and Care Services National Law Application Bill 2025\nModification of National Law Part 3\ns. 33\npage 19\n(3) If a local regulation does, or provides for, a thing mentioned in1\nsubsection (2) (a transitional modification regulation), the2\nregulation expires 12 months after the day on which the3\nregulation comes into operation.4\n(4) However, if the transitional modification regulation does either5\nof the following things in relation to an affected modification,6\nthe regulation expires within the 12 months when an7\namendment of the section of this Part that sets out the affected8\nmodification comes into operation —9\n(a) disapplies the section that sets out the affected10\nmodification;11\n(b) sets out a modification of the National Law to give12\neffect to the affected modification.13\n33. Section 3 of National Law modified14\nIn section 3(3)(a) of the National Law delete “rights and”.15\n34. Section 5 of National Law modified16\n(1) In section 5(1) of the National Law delete the definitions of:17\nparent18\npreschool program19\nschool children20\n(2) In section 5(1) of the National Law insert in alphabetical order:21\n22\ncommunity kindergarten means a kindergarten23\nregistered under the School Education24\nAct 1999 Part 5;25\ndisciplinary action means disciplinary action26\nunder Part 7 Division 3A;27\n\nEducation and Care Services National Law Application Bill 2025\nPart 3 Modification of National Law\ns. 34\npage 20\neducational program means an educational1\nprogramme as defined in the School2\nEducation Act 1999 section 4;3\nexecutor, in relation to an approved provider,4\nincludes a person —5\n(a) entitled to a grant of letters of6\nadministration in relation to the estate7\nof the approved provider, including8\nwith the will annexed; or9\n(b) granted letters of administration in10\nrelation to the estate of the approved11\nprovider, including with the will12\nannexed; or13\n(c) granted probate of the will of the14\napproved provider; or15\n(d) named as executor in a valid will of the16\napproved provider;17\nparent, in relation to a child, means a person who18\nat law has responsibility for —19\n(a) the long-term care, welfare and20\ndevelopment of the child; or21\n(b) the day-to-day care, welfare and22\ndevelopment of the child;23\nschool children includes students, as defined in24\nthe School Education Act 1999 section 4,25\nattending school before grade 1;26\n27\n\nEducation and Care Services National Law Application Bill 2025\nModification of National Law Part 3\ns. 35\npage 21\n(3) In section 5(1) of the National Law in the definition of1\neducation and care service:2\n(a) delete paragraphs (a) and (b) and insert:3\n4\n(a) a school providing an educational5\nprogram to school children in6\naccordance with the School Education7\nAct 1999; or8\n(b) a community kindergarten providing an9\neducational program to children in10\naccordance with the School Education11\nAct 1999; or12\n13\n(b) after paragraph (h) in the example delete “services, outside14\nschool hours services and preschool programs including those15\ndelivered in schools,” and insert:16\n17\nservices and outside school hours services,18\n19\n35. Section 10 of National Law modified20\nIn section 10(3)(a) of the National Law after “information”21\ninsert:22\n23\nrequested under section 11(c)24\n25\n36. Section 11 of National Law modified26\nIn section 11(c) of the National Law delete “information; and”27\nand insert:28\n29\ninformation requested by the Regulatory Authority; and30\n31","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Education and Care Services National Law Application Bill 2025\nPart 3 Modification of National Law\ns. 37\npage 22\n37. Section 17 of National Law replaced1\nDelete section 17 of the National Law and insert:2\n3\n17. Duration of provider approval4\nA provider approval granted under section 155\ncontinues in force until—6\n(a) cancelled or suspended under this Law or7\nthis Law as applying in a participating8\njurisdiction; or9\n(b) if the provider approval is granted to an10\nindividual—the individual dies.11\n12\n38. Section 22 of National Law modified13\nIn section 22(2)(b) of the National Law delete “information;14\nand” and insert:15\n16\ninformation requested by the Regulatory Authority; and17\n18\n39. Section 25 of National Law modified19\nIn section 25 of the National Law:20\n(a) delete paragraph (a) and insert:21\n22\n(a) the approved provider, or a person with23\nmanagement or control of an education and24\ncare service operated by the approved25\nprovider, has been charged with an26\nindictable offence, or with an offence that if27\ncommitted in this jurisdiction would be an28\nindictable offence, or any other29\ncircumstance indicates that the approved30\n\nEducation and Care Services National Law Application Bill 2025\nModification of National Law Part 3\ns. 40\npage 23\nprovider, or a person with management or1\ncontrol of an education and care service2\noperated by the approved provider, may not3\nbe a fit and proper person to be involved in4\nthe provision of an education and care5\nservice; or6\n7\n(b) delete paragraph (g) and insert:8\n9\n(g) the approved provider has not paid—10\n(i) an amount due under an order made11\nunder, or in relation to proceedings12\ncommenced by an allegation made13\nunder, section 188AB; or14\n(ii) any outstanding prescribed fees; or15\n16\n40. Section 37 of National Law modified17\nIn section 37(2)(b) of the National Law delete “information;18\nand” and insert:19\n20\ninformation requested by the Regulatory Authority; and21\n22\n41. Section 39 of National Law modified23\nIn section 39(6)(b) of the National Law delete “information;24\nand” and insert:25\n26\ninformation requested by the Regulatory Authority; and27\n28\n\nEducation and Care Services National Law Application Bill 2025\nPart 3 Modification of National Law\ns. 42\npage 24\n42. Section 40 of National Law modified1\nIn section 40(3)(b) of the National Law delete “information;2\nand” and insert:3\n4\ninformation requested by the Regulatory Authority; and5\n6\n43. Section 44 of National Law modified7\nIn section 44(1)(c) of the National Law delete “information;8\nand” and insert:9\n10\ninformation requested by the Regulatory Authority; and11\n12\n44. Section 51 of National Law modified13\nIn section 51(4B)(a) of the National Law delete “is, or 2 or more14\nchildren from the same family are,” and insert:15\n16\nis17\n18\n45. Section 54 of National Law modified19\nIn section 54(2)(b) of the National Law delete “information;20\nand” and insert:21\n22\ninformation requested by the Regulatory Authority; and23\n24\n\nEducation and Care Services National Law Application Bill 2025\nModification of National Law Part 3\ns. 46\npage 25\n46. Section 56 of National Law modified1\nIn section 56(2)(b) of the National Law delete “information;2\nand” and insert:3\n4\ninformation requested by the Regulatory Authority; and5\n6\n47. Section 59 of National Law modified7\nIn section 59(2)(b) of the National Law delete “information;8\nand” and insert:9\n10\ninformation requested by the Regulatory Authority; and11\n12\n48. Section 62 of National Law modified13\nDelete section 62(4) of the National Law and insert:14\n15\n(4) A notification under subsection (2) must be in16\nwriting.17\n18\n49. Section 70 of National Law modified19\nDelete section 70(i) of the National Law and insert:20\n21\n(i) the approved provider has not paid—22\n(i) an amount due under an order made23\nunder, or in relation to proceedings24\ncommenced by an allegation made25\nunder, section 188AB; or26\n(ii) any outstanding prescribed fees.27\n28\n\nEducation and Care Services National Law Application Bill 2025\nPart 3 Modification of National Law\ns. 50\npage 26\n50. Section 85 of National Law modified1\nIn section 85(2)(b) of the National Law delete “information;2\nand” and insert:3\n4\ninformation requested by the Regulatory Authority; and5\n6\n51. Section 88 of National Law modified7\nIn section 88(b) of the National Law delete “information; and”8\nand insert:9\n10\ninformation requested by the Regulatory Authority; and11\n12\n52. Section 95 of National Law modified13\nIn section 95(b) of the National Law delete “information; and”14\nand insert:15\n16\ninformation requested by the Regulatory Authority; and17\n18\n53. Section 139 of National Law modified19\nIn section 139(2)(b) of the National Law delete “information;20\nand” and insert:21\n22\ninformation requested by the Regulatory Authority; and23\n24\n\nEducation and Care Services National Law Application Bill 2025\nModification of National Law Part 3\ns. 54\npage 27\n54. Section 141 of National Law modified1\nIn section 141(4)(c) of the National Law delete “information;2\nand” and insert:3\n4\ninformation requested by the Regulatory Authority; and5\n6\n55. Section 179A of National Law modified7\nDelete section 179A(1)(a) of the National Law and insert:8\n9\n(a) if—10\n(i) a person has, or a person believes the11\nperson may have, contravened a12\nprovision of this Law; or13\n(ii) the Regulatory Authority alleges a14\nperson has contravened a provision of15\nthis Law; or16\n17\n56. Part 7 Division 3A inserted in National Law18\nAfter Part 7 Division 3 of the National Law insert:19\n20\nDivision 3A — Disciplinary action21\n188AA Persons against whom disciplinary action may22\nbe taken23\nIn this Division—24\nperson linked to a WA service means any of the25\nfollowing—26\n(a) an approved provider of a WA service;27\n\nEducation and Care Services National Law Application Bill 2025\nPart 3 Modification of National Law\ns. 56\npage 28\n(b) a nominated supervisor of a1\nWA service;2\n(c) a person with management or control3\nof a WA service;4\n(d) a family day care educator engaged by5\nor registered with a WA service;6\nWA service means an education and care service7\nlocated in this jurisdiction.8\n188AB Disciplinary action9\n(1) Grounds for disciplinary action exist in respect of10\na person linked to a WA service if—11\n(a) the person has failed to comply with this12\nLaw as applying in this jurisdiction; or13\n(b) the person is a person with management or14\ncontrol of a body corporate that is itself a15\nperson linked to a WA service and—16\n(i) the body corporate has failed to comply17\nwith this law as applying in this18\njurisdiction; and19\n(ii) the person with management or control20\nof the body corporate has failed to21\nexercise due diligence to prevent that22\nfailure.23\n(2) If the Regulatory Authority of this jurisdiction24\nconsiders that grounds for disciplinary action25\nexist in respect of a person linked to a26\nWA service, the Regulatory Authority may make27\nan allegation to the relevant tribunal or court of28\nthis jurisdiction in respect of that person.29\n\nEducation and Care Services National Law Application Bill 2025\nModification of National Law Part 3\ns. 56\npage 29\n(3) In proceedings commenced by an allegation1\nunder subsection (2) in respect of a person, the2\nrelevant tribunal or court of this jurisdiction, if3\nsatisfied that grounds for disciplinary action exist,4\nmay make one or more of the following orders—5\n(a) an order reprimanding the person;6\n(b) subject to section 188AC, an order7\nrequiring the person to pay a fine not8\nexceeding $57 400;9\n(c) an order to take certain actions, or refrain10\nfrom taking certain actions, to comply with11\nthis Law.12\n(4) The relevant tribunal or court may make an order13\nunder subsection (3)(a) or (b) in respect of a14\nperson whether or not at the time when the order15\nis made the person is a person linked to a16\nWA service.17\n188AC Limitation on section 188AB(3)(b)18\n(1) The power described in section 188AB(3)(b) to19\nimpose a fine, and the power of a court to impose20\na penalty for an offence under this Law as it21\napplies in this or another participating22\njurisdiction, cannot both be exercised in respect23\nof an act or omission of a person that is24\nsubstantially the same.25\n(2) A fine that exceeds the relevant maximum fine26\ncannot be imposed under section 188AB(3)(b).27\n(3) In this section—28\nrelevant maximum fine means, if the fine is to be29\nimposed in respect of an act or omission30\nthat constitutes an offence under this Law,31\n\nEducation and Care Services National Law Application Bill 2025\nPart 3 Modification of National Law\ns. 57\npage 30\nthe maximum fine that could be imposed by1\na court for that offence.2\n3\n57. Section 197 of National Law modified4\n(1) After section 197(1)(a) of the National Law insert:5\n6\n(aa) monitoring compliance with a working with7\nchildren law by specified persons in8\nrelation to the provision of an education and9\ncare service;10\n11\n(2) In section 197(3) of the National Law delete “in the provision”12\nand insert:13\n14\nin, or in relation to, the provision15\n16\n(3) After section 197(5) of the National Law insert:17\n18\n(6) In this section—19\nspecified person has the meaning given in20\nsection 206(4).21\n22\n58. Section 204 of National Law modified23\nIn section 204(1) of the National Law:24\n(a) in paragraph (a) delete “Law; or” and insert:25\n26\nLaw or a working with children law; or27\n28\n\nEducation and Care Services National Law Application Bill 2025\nModification of National Law Part 3\ns. 59\npage 31\n(b) in paragraph (b) delete “Law.” and insert:1\n2\nLaw or a working with children law.3\n4\n59. Section 206 of National Law modified5\nAfter section 206(1)(a) of the National Law insert:6\n7\n(aa) monitoring compliance with a working with8\nchildren law by specified persons in9\nrelation to the provision of an education and10\ncare service;11\n12\n60. Section 215 of National Law modified13\n(1) In section 215(2) of the National Law delete “specified”14\n(1st occurrence).15\n(2) Delete section 215(6) of the National Law.16\n61. Section 216 of National Law modified17\n(1) In section 216(2) of the National Law delete “specified”18\n(1st occurrence).19\n(2) Delete section 216(5) of the National Law.20\n62. Section 219 of National Law modified21\n(1) In section 219(2) of the National Law after “individual” insert:22\n23\nin any disciplinary proceedings, or24\n25\n\nEducation and Care Services National Law Application Bill 2025\nPart 3 Modification of National Law\ns. 63\npage 32\n(2) Delete section 219(3) of the National Law and insert:1\n2\n(3) Despite subsection (2), any information obtained3\nfrom a document or documents required to be4\nkept under this Law, or required under5\nsection 215(2)(b) or 216(2)(b), that is produced6\nby a person is admissible in evidence against the7\nperson in disciplinary proceedings or in criminal8\nproceedings under this Law.9\n10\n(3) In section 219(4) of the National Law in the definition of11\ndisclosed information:12\n(a) in paragraph (b) delete “216; or” and insert:13\n14\n216.15\n16\n(b) delete paragraph (c).17\n63. Section 225 of National Law modified18\nIn section 225(1)(l)(i) of the National Law delete “parents” and19\ninsert:20\n21\nparents, family members22\n23\n64. Section 270 of National Law modified24\nIn section 270(6) of the National Law:25\n(a) in paragraph (c) delete “service.” and insert:26\n27\nservice; or28\n29\n\nEducation and Care Services National Law Application Bill 2025\nModification of National Law Part 3\ns. 65\npage 33\n(b) after paragraph (c) insert:1\n2\n(d) a person against whom disciplinary action3\nhas been taken.4\n5\n65. Section 302 of National Law modified6\nDelete section 302(2) of the National Law.7\n66. Section 303 of National Law modified8\nDelete section 303(2), (3) and (4) of the National Law.9\n67. Part 15 Divisions 1 to 6 of National Law deleted10\nDelete Part 15 Divisions 1 to 6 of the National Law.11\n68. Section 336 of National Law modified12\nIn section 336(3) of the National Law delete the definition of13\ncommencement day and insert:14\n15\ncommencement day means the day on which the16\nEducation and Care Services National Law17\n(WA) section 5 comes into operation.18\n19\n69. Section 337 of National Law modified20\nIn section 337(2) of the National Law delete the definition of21\ncommencement day and insert:22\n23\ncommencement day means the day on which the24\nEducation and Care Services National Law25\n(WA) section 5 comes into operation.26\n27\n\nEducation and Care Services National Law Application Bill 2025\nPart 3 Modification of National Law\ns. 70\npage 34\n70. Section 338 of National Law modified1\nIn section 338(2) of the National Law delete the definition of2\ncommencement day and insert:3\n4\ncommencement day means the day on which the5\nEducation and Care Services National Law6\n(WA) section 5 comes into operation.7\n8\n71. Section 339 of National Law modified9\nIn section 339(2) of the National Law delete the definition of10\ncommencement day and insert:11\n12\ncommencement day means the day on which the13\nEducation and Care Services National Law14\n(WA) section 5 comes into operation.15\n16\n72. Schedule 1 of National Law modified17\nAt the end of Schedule 1 Part 2 of the National Law insert:18\n19\n11A Penalty at end of provision20\nIn this Law, a penalty specified at the end of a21\nprovision indicates that a contravention of the22\nprovision is an offence, the penalty on conviction23\nfor which is the penalty specified.24\n25\n\nEducation and Care Services National Law Application Bill 2025\nOther matters Part 4\ns. 73\npage 35\nPart 4 — Other matters1\n73. Local regulations2\n(1) The Governor may make regulations prescribing all matters —3\n(a) required or permitted by this Act to be prescribed; or4\n(b) necessary or convenient to be prescribed for giving5\neffect to this Act.6\n(2) Without limiting subsection (1), the regulations may provide7\nfor —8\n(a) modifications of the National Regulations for the9\npurpose of applying the National Regulations in10\nWestern Australia; or11\n(b) provisions of a savings or transitional nature for the12\npurpose of accommodating differences between the13\nNational Regulations and the Education and Care14\nServices National Law Regulations (WA); or15\n(c) matters to be prescribed under the Criminal Procedure16\nAct 2004 Part 2 for the purposes of the Education and17\nCare Services National Law (WA); or18\n(d) fees for things done under this Act or the Education and19\nCare Services National Law (WA).20\n(3) For the purposes of subsection (2)(c), the requirement to21\nprescribe particular matters under the Criminal Procedure22\nAct 2004 section 6 does not apply to the extent that the matter is23\nprovided for in the Education and Care Services National Law24\n(WA).25\n74. Review of Act26\n(1) The Minister must review the operation and effectiveness of this27\nAct, and prepare a report based on the review, as soon as28\npracticable after the 5th anniversary of the day on which29\nsection 5 comes into operation.30\n\nEducation and Care Services National Law Application Bill 2025\nPart 4 Other matters\ns. 74\npage 36\n(2) The Minister must cause the report to be laid before each House1\nof Parliament as soon as practicable after it is prepared, but not2\nlater than 12 months after the 5th anniversary.3\n\nEducation and Care Services National Law Application Bill 2025\nRepeals and transitional provisions Part 5\nRepeals Division 1\ns. 75\npage 37\nPart 5 — Repeals and transitional provisions1\nDivision 1 — Repeals2\n75. Written laws repealed3\n(1) The Education and Care Services National Law (WA) Act 20124\nis repealed.5\n(2) The Education and Care Services National Regulations 20126\nare repealed.7\nDivision 2 — Transitional provisions8\n76. Terms used9\n(1) In this Division —10\nformer Law means the provisions applying in this State as the11\nEducation and Care Services National Law (Western Australia)12\nbecause of section 4 of the repealed Act;13\nformer regulations means the Education and Care Services14\nNational Regulations 2012;15\nnew Law means the provisions applying in this State as the16\nEducation and Care Services National Law (WA) because of17\nsection 5 of this Act;18\nnew regulations means the provisions applying in this State as19\nthe Education and Care Services National Law Regulations20\n(WA) because of section 11 of this Act;21\nrepealed Act means the Education and Care Services National22\nLaw (WA) Act 2012 as in force immediately before23\ncommencement day.24\n(2) Also, in this Division —25\n(a) a provision of this Act corresponds to a provision of the26\nrepealed Act, and vice versa, if the 2 provisions are27\nsubstantially the same; and28","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Education and Care Services National Law Application Bill 2025\nPart 5 Repeals and transitional provisions\nDivision 2 Transitional provisions\ns. 77\npage 38\n(b) a provision of the new Law corresponds to a provision1\nof the former Law, and vice versa, if the 2 provisions are2\nsubstantially the same; and3\n(c) a provision of the new regulations corresponds to a4\nprovision of the former regulations, and vice versa, if5\nthe 2 provisions are substantially the same.6\n77. Application of Interpretation Act 19847\n(1) A provision of the Interpretation Act 1984 about the repeal of8\nenactments and the substitution of other enactments applies as9\nif —10\n(a) the provisions of the repealed Act and the former Law11\nwere repealed by this Act; and12\n(b) a provision of the repealed Act were re-enacted as the13\ncorresponding provision of this Act; and14\n(c) a provision of the former Law were re-enacted as the15\ncorresponding provision of the new Law.16\n(2) Despite subsection (1), the Interpretation Act 198417\nsections 36(d) (to the extent it relates to subsidiary legislation)18\nand 38 do not apply in relation to the repealed Act or the former19\nLaw.20\n(3) Except to the extent that this Division or regulations made for21\nthe purposes of this Division provide differently, the22\nInterpretation Act 1984 applies to and in relation to the repeals23\neffected by section 75.24\n78. References to the Law and this Law25\n(1) In the Education and Care Services National Law (WA), unless26\nthe context otherwise requires —27\n(a) a reference to the Law or this Law includes a reference28\nto the former Law; and29\n\nEducation and Care Services National Law Application Bill 2025\nRepeals and transitional provisions Part 5\nTransitional provisions Division 2\ns. 79\npage 39\n(b) a reference to something done under the Law includes a1\nreference to the thing being done under the2\ncorresponding provision of the former Law.3\n(2) In the Education and Care Services National Law Regulations4\n(WA), unless the context otherwise requires —5\n(a) a reference to the Law or this Law includes a reference6\nto the former Law; and7\n(b) a reference to something done under the Law includes a8\nreference to the thing being done under the9\ncorresponding provision of the former Law or former10\nregulations.11\n(3) This section does not limit, and is not limited by, any other12\nprovision in this Division.13\n79. New Law operates as continuation of former Law14\n(1) In this section —15\nadministrative process includes any of the following processes16\ndone under the former Law —17\n(a) the making and processing of an application;18\n(b) the giving of, and responding to, a notice;19\n(c) the making of a decision;20\ncompliance measure means —21\n(a) a compliance direction given to an approved provider22\nunder the former Law section 176; or23\n(b) a compliance notice given to an approved provider24\nunder the former Law section 177; or25\n(c) a direction given under the former Law section 178(4)26\nor 179(2); or27\n(d) an undertaking from a person or an approved provider28\naccepted under the former Law section 179A; or29\n(e) an order made by the relevant tribunal or court under the30\nformer Law section 181(2) or 188AB(3); or31\n\nEducation and Care Services National Law Application Bill 2025\nPart 5 Repeals and transitional provisions\nDivision 2 Transitional provisions\ns. 79\npage 40\n(f) a prohibition notice given to a person under the former1\nLaw section 182;2\nconduct, of a person, includes —3\n(a) an act done, or omitted to be done, by the person; or4\n(b) a failure of the person to comply with a direction or5\nrequirement applying to the person under a provision of6\nthe former Law or former regulations; or7\n(c) the person inadequately providing an education and care8\nservice;9\ndisciplinary action means any of the following actions —10\n(a) suspension of a provider approval under the former Law11\nsection 27, 28 or 33(1)(a)(ii);12\n(b) suspension of a service approval under the former Law13\nsection 72, 73 or 79(1)(a)(ii);14\n(c) cancellation of a provider approval under the former15\nLaw section 33;16\n(d) cancellation of a service approval under the former Law17\nsection 79;18\n(e) disciplinary action taken against a person linked to a19\nWA service under the former Law section 188AB;20\nnotice includes a show cause notice given under the former Law21\nsection 26, 32, 71, 78, 178 or 183;22\nrating level means a rating level for an approved education and23\ncare service determined by the Regulatory Authority after24\ncarrying out a rating assessment under the former Law25\nsection 135;26\nreview means —27\n(a) an internal review of a reviewable decision under the28\nformer Law section 191; or29\n(b) an external review of a reviewable decision under the30\nformer Law section 193; or31\n\nEducation and Care Services National Law Application Bill 2025\nRepeals and transitional provisions Part 5\nTransitional provisions Division 2\ns. 79\npage 41\n(c) a review of a rating level of an approved education and1\ncare service under the former Law section 151;2\nvoluntary suspension means —3\n(a) the voluntary suspension of a provider approval4\naccepted under the former Law section 37; or5\n(b) the voluntary suspension of a service approval accepted6\nunder the former Law section 85;7\nwaiver means —8\n(a) a service waiver granted under the former Law9\nsection 91; or10\n(b) a temporary waiver granted under the former Law11\nsection 98.12\n(2) The new Law operates as a continuation of the former Law13\nwith —14\n(a) administrative processes and proceedings that are15\npending or current under the former Law immediately16\nbefore commencement day being continued and dealt17\nwith under the new Law; and18\n(b) rights, that would have been able to be exercised after19\ncommencement day if the former Law had not been20\nrepealed, being able to be exercised under the new Law;21\nand22\n(c) obligations, that were not discharged in accordance with23\nthe former Law before commencement day, being24\ncontinued and enforceable under the new Law.25\n(3) Without limiting subsection (2) —26\n(a) anything done or omitted to be done for the purposes of27\na provision of the former Law before commencement28\nday is taken to have been done or omitted to be done for29\nthe purposes of the corresponding provision of the new30\nLaw; and31\n\nEducation and Care Services National Law Application Bill 2025\nPart 5 Repeals and transitional provisions\nDivision 2 Transitional provisions\ns. 79\npage 42\n(b) if, before commencement day, a person engaged in1\nconduct that could have been considered by a person in2\nmaking a decision, or in exercising a power, under a3\nprovision of the former Law, the conduct may be4\nconsidered under the corresponding provision of the5\nnew Law; and6\n(c) compliance with a provision of the former Law during a7\nperiod before commencement day is taken to be8\ncompliance with the corresponding provision of the new9\nLaw for the same period; and10\n(d) a requirement made of an entity, and not complied with,11\nunder a provision of the former Law before12\ncommencement day, continues in effect as if it were13\nmade under the corresponding provision of the new14\nLaw; and15\n(e) a notice given in accordance with the former Law, and16\nstill in effect immediately before commencement day,17\ncontinues in effect and must be dealt with under the new18\nLaw; and19\n(f) an administrative process or proceeding commenced,20\nbut not concluded, under the former Law before21\ncommencement day is continued and must be concluded22\nunder the new Law; and23\n(g) a rating level for an approved education and care service24\nin effect under the former Law immediately before25\ncommencement day continues in effect and is taken to26\nhave been determined by the Regulatory Authority27\nunder the corresponding provision of the new Law; and28\n(h) an application made in accordance with a provision of29\nthe former Law, and not decided or withdrawn before30\ncommencement day, continues in effect and must be31\ndealt with under the corresponding provision of the new32\nLaw; and33\n\nEducation and Care Services National Law Application Bill 2025\nRepeals and transitional provisions Part 5\nTransitional provisions Division 2\ns. 79\npage 43\n(i) the right of a person to apply for a review under a1\nprovision of the former Law continues under the2\ncorresponding provision of the new Law; and3\n(j) any amount payable or recoverable under a provision of4\nthe former Law that is unpaid or not recovered before5\ncommencement day is payable or recoverable under the6\ncorresponding provision of the new Law; and7\n(k) a provider approval or service approval in force under8\nthe former Law immediately before commencement day9\ncontinues in force and is taken to have been granted10\nunder the corresponding provision of the new Law; and11\n(l) a person who, immediately before commencement day,12\nwas a nominated supervisor in relation to an education13\nand care service continues to be a nominated supervisor14\nfor the service; and15\n(m) a waiver in effect under the former Law immediately16\nbefore commencement day continues in effect and is17\ntaken to have been granted under the corresponding18\nprovision of the new Law; and19\n(n) a compliance measure imposed under a provision of the20\nformer Law and in force immediately before21\ncommencement day continues in force under the22\ncorresponding provision of the new Law; and23\n(o) disciplinary action that is pending or unresolved under24\nthe former Law immediately before commencement day25\nmay be started, continued and resolved under the new26\nLaw; and27\n(p) a voluntary suspension in force immediately before28\ncommencement day continues in force under the new29\nLaw; and30\n(q) a search warrant issued by a magistrate under the former31\nLaw and in effect immediately before commencement32\nday continues in effect under the new Law; and33\n\nEducation and Care Services National Law Application Bill 2025\nPart 5 Repeals and transitional provisions\nDivision 2 Transitional provisions\ns. 80\npage 44\n(r) a reference in a document to the former Law may, if the1\ncontext permits, be taken to be a reference to the new2\nLaw.3\n(4) If a thing is continued in force or effect under subsection (2)4\nor (3) —5\n(a) the thing is taken to have been made or granted under6\nthe new Law; and7\n(b) the thing may be dealt with under the new Law.8\n(5) To the extent that a thing continued under subsection (2) or (3)9\nis subject to terms and conditions —10\n(a) the thing continues to be subject to those same terms and11\nconditions; and12\n(b) the terms and conditions may be amended or removed13\nunder the new Law.14\n80. New regulations operate as continuation of former15\nregulations16\n(1) In this section —17\nconduct, of a person, includes —18\n(a) an act done, or omitted to be done, by the person; or19\n(b) a failure of the person to comply with a direction or20\nrequirement applying to the person under a provision of21\nthe former Law or former regulations; or22\n(c) the person inadequately providing an education and care23\nservice.24\n(2) The new regulations operate as a continuation of the former25\nregulations with —26\n(a) rights, that would have been able to be exercised after27\ncommencement day if the former regulations had not28\nbeen repealed, being able to be exercised under the new29\nregulations; and30\n\nEducation and Care Services National Law Application Bill 2025\nRepeals and transitional provisions Part 5\nTransitional provisions Division 2\ns. 80\npage 45\n(b) obligations, that were not discharged in accordance with1\nthe former regulations before commencement day, being2\ncontinued and enforceable under the new regulations.3\n(3) Without limiting subsection (2) —4\n(a) anything done or omitted to be done for the purposes of5\na provision of the former regulations before6\ncommencement day is taken to have been done or7\nomitted to be done for the purposes of the corresponding8\nprovision of the new regulations; and9\n(b) if, before commencement day, a person engaged in10\nconduct that could have been considered by a person in11\nmaking a decision, or in exercising a power, under a12\nprovision of the former regulations, the conduct may be13\nconsidered under the corresponding provision of the14\nnew regulations; and15\n(c) compliance with a provision of the former regulations16\nduring a period before commencement day is taken to be17\ncompliance with the corresponding provision of the new18\nregulations for the same period; and19\n(d) a requirement made of an entity, and not complied with,20\nunder a provision of the former regulations before21\ncommencement day, continues in effect as if it were22\nmade under the corresponding provision of the new23\nregulations; and24\n(e) a reference in a document to the former regulations may,25\nif the context permits, be taken to be a reference to the26\nnew regulations.27\n(4) The Interpretation Act 1984 sections 36 (except section 36(d) to28\nthe extent it relates to subsidiary legislation) and 37 apply and29\nhave effect as if the former regulations were repealed and30\nre-enacted as the new regulations.31\n(5) Subsection (2) does not affect the operation of section 11.32\n\nEducation and Care Services National Law Application Bill 2025\nPart 5 Repeals and transitional provisions\nDivision 2 Transitional provisions\ns. 81\npage 46\n81. Transitional regulations1\n(1) In this section —2\npublication day, in relation to transitional regulations, means3\nthe day on which the transitional regulations are published in4\naccordance with the Interpretation Act 1984 section 41(1)(a);5\ntransitional matter —6\n(a) means a matter or issue of a transitional nature that7\narises as a result of —8\n(i) the repeal of the repealed Act and the former9\nLaw, the enactment of this Act and the coming10\ninto operation of the new Law; or11\n(ii) the repeal of the former regulations and the12\ncoming into operation of the new regulations;13\nand14\n(b) includes a matter or issue of a savings or application15\nnature;16\ntransitional regulations means local regulations made for the17\npurposes of subsection (2).18\n(2) If there is not sufficient provision in this Division for dealing19\nwith a transitional matter, local regulations may prescribe20\nanything required, necessary or convenient to be prescribed in21\nrelation to that matter.22\n(3) Without limiting subsection (2), transitional regulations may23\nprovide that —24\n(a) specified provisions of this Act or the new Law —25\n(i) do not apply in relation to a specified matter; or26\n(ii) apply with specified modifications to or in27\nrelation to a specified matter;28\nand29\n\nEducation and Care Services National Law Application Bill 2025\nRepeals and transitional provisions Part 5\nTransitional provisions Division 2\ns. 81\npage 47\n(b) specified provisions of the repealed Act or the former1\nLaw continue to apply (with or without specified2\nmodifications) to, or in relation to, a specified matter as3\nif the repealed Act were not repealed.4\n(4) Transitional regulations cannot be made after the end of the5\nperiod of 2 years beginning on commencement day.6\n(5) If transitional regulations provide that a state of affairs is taken7\nto have existed, or not to have existed, on and from a day that is8\nearlier than publication day, but not earlier than commencement9\nday, the regulations have effect according to their terms.10\n(6) If transitional regulations contain a provision referred to in11\nsubsection (5), the provision does not operate so as to —12\n(a) affect in a manner prejudicial to any person (other than13\nthe State or an authority of the State), the rights of that14\nperson existing before publication day; or15\n(b) impose liabilities on any person (other than the State or16\nan authority of the State) in respect of anything done or17\nomitted to be done before publication day.18\n\nEducation and Care Services National Law Application Bill 2025\nPart 6 Consequential amendments\nDivision 1 Amendment to this Act\ns. 82\npage 48\nPart 6 — Consequential amendments1\nDivision 1 — Amendment to this Act2\n82. Act amended3\nThis Division amends this Act.4\n83. Section 29 amended5\nAfter section 29(2)(d) insert:6\n7\n(da) the Privacy and Responsible Information8\nSharing Act 2024 Part 2 and Schedule 1;9\n10\nDivision 2 — Parliamentary Commissioner Act 1971 amended11\n84. Act amended12\nThis Division amends the Parliamentary Commissioner13\nAct 1971.14\n85. Section 19D amended15\nIn section 19D(1)(e) delete “Education and Care Services16\nNational Law (Western Australia)” and insert:17\n18\nEducation and Care Services National Law (WA)19\n20\n86. Schedule 2 amended21\nIn Schedule 2 in the item relating to Providers of child care22\nservices delete “Education and Care Services National Law23\n(Western Australia)” and insert:24\n25\nEducation and Care Services National Law (WA)26\n27\n\nEducation and Care Services National Law Application Bill 2025\nConsequential amendments Part 6\nPrivacy and Responsible Information Sharing Act 2024\namended\nDivision 3\ns. 87\npage 49\nDivision 3 — Privacy and Responsible Information Sharing1\nAct 2024 amended2\n87. Act amended3\nThis Division amends the Privacy and Responsible Information4\nSharing Act 2024.5\n88. Part 6 Division 1 deleted6\nDelete Part 6 Division 1.7\nDivision 4 — Spent Convictions Act 1988 amended8\n89. Act amended9\nThis Division amends the Spent Convictions Act 1988.10\n90. Schedule 3 amended11\nIn Schedule 3 clause 1(5) in the Table item 6A:12\n(a) in paragraph (a) delete “Education and Care Services13\nNational Law (Western Australia); or” and insert:14\n15\nEducation and Care Services National Law (WA); or16\n17\n(b) in paragraph (b)(ii) delete “Education and Care Services18\nNational Law (Western Australia).” and insert:19\n20\nEducation and Care Services National Law (WA).21\n22","sortOrder":3},{"sectionNumber":"retrieval-0005","sectionType":"document_chunk","heading":"Document excerpt 5","content":"Education and Care Services National Law Application Bill 2025\nPart 6 Consequential amendments\nDivision 5 Working with Children (Screening) Act 2004 amended\ns. 91\npage 50\nDivision 5 — Working with Children (Screening) Act 20041\namended2\n91. Act amended3\nThis Division amends the Working with Children (Screening)4\nAct 2004.5\n92. Section 4 amended6\nIn section 4 in the definition of child care service paragraph (a)7\ndelete “Education and Care Services National Law (Western8\nAustralia)” and insert:9\n10\nEducation and Care Services National Law (WA)11\n12\n93. Section 5 amended13\nIn section 5(1) in the definition of managerial officer14\nparagraph (b) delete “Education and Care Services National15\nLaw (Western Australia) section 5(1),” and insert:16\n17\nEducation and Care Services National Law (WA) section 5A,18\n19\nDivision 6 — Other amendments20\n94. References to “Education and Care Services National Law21\n(Western Australia)” amended22\n(1) This section amends the Acts listed in the Table.23\n(2) In the provisions listed in the Table delete “Education and Care24\nServices National Law (Western Australia)” and insert:25\n26\nEducation and Care Services National Law (WA)27\n28\n\nEducation and Care Services National Law Application Bill 2025\nConsequential amendments Part 6\nOther amendments Division 6\ns. 94\npage 51\nTable1\nChild Care Services Act 2007 s. 3 def. of national child care\nlaw\nChildren and Community\nServices Act 2004\ns. 3 def. of child care services\npar. (a)\ns. 124A def. of early childhood\nworker par. (a)\nCivil Liability Act 2002 s. 5AAA def. of child care\nservice par. (a)\ns. 5AAA def. of staff member\npar. (da)\nThe Criminal Code s. 557K(1) def. of child care\ncentre par. (a)\nEvidence Act 1906 s. 19L(5A)(b)\nHealth (Miscellaneous\nProvisions) Act 1911\ns. 337(2A) def. of child care\ncentre par. (a)\nPublic Health Act 2016 s. 4(1) def. of child care service\npar. (a)(i)\nSchool Education Act 1999 s. 154(2) def. of school par. (cb)\nTeacher Registration Act 2012 s. 3 def. of centre-based service\n(each occurrence)\ns. 37(1) def. of nominated\nsupervisor\n\nEducation and Care Services National Law Application Bill 2025\nDefined terms\npage 52\nDefined terms\n[This is a list of terms defined and the provisions where they are defined.\nThe list is not part of the law.]\nDefined term Provision(s)\nadministrative process .................................................................................... 79(1)\naffected modification ..................................................................................... 32(1)\namend ............................................................................................................... 3(1)\namending Act ................................................................................................... 3(1)\namending regulations ....................................................................................... 3(1)\nBoard.............................................................................................................. 30(2)\nchild protection law ............................................................................................ 18\ncommencement day ......................................................................................... 3(1)\ncompliance measure ....................................................................................... 79(1)\nconduct................................................................................................ 79(1), 80(1)\ncorresponds .................................................................................................... 76(2)\ncourt .................................................................................................................... 18\nde facto relationship ............................................................................................ 18\ndisallowance period .............................................................................. 7(1), 13(1)\ndisallowance resolution ......................................................................... 7(1), 13(1)\ndisciplinary action .......................................................................................... 79(1)\nEducation and Care Services National Law ..................................................... 5(1)\nEducation and Care Services National Law Regulations ............................... 11(1)\nEducation and Care Services National Law Regulations (WA) ....................... 3(1)\nEducation and Care Services National Law (WA) ........................................... 3(1)\nformer Law .................................................................................................... 76(1)\nformer regulations .......................................................................................... 76(1)\nlocal authority ..................................................................................................... 18\nlocal regulations ............................................................................................... 3(1)\nmagistrate ............................................................................................................ 18\nNational Authority ......................................................................................... 30(2)\nNational Law.................................................................................................... 3(1)\nNational Regulations ........................................................................................ 3(1)\nnew Law......................................................................................................... 76(1)\nnew regulations .............................................................................................. 76(1)\nnotice.............................................................................................................. 79(1)\nnotice period ......................................................................................... 7(1), 13(1)\nparliamentary committee .................................................................... 10(1), 15(1)\nproclamation day.............................................................................................. 2(1)\npublication day ............................................................................................... 81(1)\npublic authority ................................................................................................... 18\nrating level ..................................................................................................... 79(1)\nregistered teacher ................................................................................................ 18\nrepealed Act ................................................................................................... 76(1)\n\nEducation and Care Services National Law Application Bill 2025\nDefined terms\npage 53\nreview ............................................................................................................ 79(1)\nsuperior court ...................................................................................................... 18\nthis jurisdiction ................................................................................................... 18\ntransitional matter .......................................................................................... 81(1)\ntransitional modification regulation ...................................................... 3(1), 32(3)\ntransitional regulations ................................................................................... 81(1)\nvoluntary suspension ...................................................................................... 79(1)\nwaiver ............................................................................................................ 79(1)","sortOrder":4}],"analysis":{"summary":{"status_summary":"The Education and Care Services National Law Application Bill 2025 has received Royal Assent and is now an Act of the Western Australian Parliament, with most provisions to commence on a day fixed by proclamation.","complexity_score":7,"likely_questions":["How will the new disciplinary action provisions (fines up to $57,400) be enforced, and what rights of appeal exist?","What is the process for future amendments to the National Law made in Victoria to take effect in Western Australia?","Which specific modifications in Part 3 differ from the standard National Law, and how do they affect education and care service providers?","How does the transitional period affect existing provider approvals, service approvals, and compliance measures?","What are the practical implications of the exclusion of certain Western Australian laws (e.g., Freedom of Information Act) from applying to the new National Law?"],"complexity_factors":["The Act incorporates a large body of external law (the Victorian National Law) by reference, with numerous modifications and deletions specific to Western Australia.","Detailed transitional provisions govern the continuation of existing approvals, compliance measures, and disciplinary actions, requiring careful interpretation.","The disallowance mechanism for future amending Acts and regulations adds procedural complexity for adoption of national changes.","Consequential amendments to multiple other Western Australian Acts require cross-referencing.","The interaction between the new law and existing Western Australian legislation (e.g., exclusion of Interpretation Act, specific Public Sector Management Act provisions) is intricate."],"plain_english_summary":"This Act adopts the Education and Care Services National Law (as in force 30 April 2025) as Western Australian law, repealing the 2012 WA law and regulations but modifying the text for WA needs. It preserves the National Quality Framework while redefining terms, removing some preschool provisions, and creating WA-specific disciplinary powers (including fines up to $57,400) affecting approved providers, nominated supervisors and family day care educators. It adds transitional continuity, a five‑year ministerial review, and a parliamentary disallowance process for future national amendments."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Bill goes beyond merely transplanting the National Law into WA: it repeals the prior WA application Act and Regulations and re‑enacts the National Law as a WA statute with significant local modifications. Notable scope additions include the creation of a WA disciplinary pathway (new Division 3A allowing the State tribunal to impose fines and orders — s.56), repeated drafting to centralise information requests through the WA Regulatory Authority (multiple amendments in Part 3), express exclusions of several WA oversight Acts from applying to the National Law (s.29), and a broad power for the Governor to make local regulations that can modify the National Regulations for WA (s.73). The Bill therefore shifts regulatory architecture (who enforces and how), reassigns some accountability routes, and embeds transitional machinery to continue legacy approvals and proceedings (ss.76–81). Those changes materially expand and reshape how the National Law operates in WA compared with the earlier, more administrative application model."},"complexity_factors":["Extensive Part 3 modifications: 40+ specific amendments, insertions and deletions to the National Law (see ss.33–72), including a brand new disciplinary Division 3A (s.56).","Lengthy transitional and savings regime spanning multiple sections (ss.75–81) with detailed continuations of rights, obligations, approvals and pending processes.","Cross‑jurisdictional incorporation: the National Law is adopted as the law of the State but is to be read with Victorian amending Acts and Ministerial Council regulations (ss.5, 16), requiring coordination between jurisdictions.","Complex commencement and dependency rules (s.2) tying parts of this Act to the operation of an external WA Privacy Act schedule and to proclamation, adding conditional timing paths.","New tabling and disallowance procedures for Victorian amending Acts and Ministerial Council regulations (ss.6–14) create multi‑step parliamentary processes and non‑standard publication rules.","Multiple explicit exclusions of WA statutes from applying to the National Law (s.29), with carve‑outs (s.29(3)) that create conditional applicability.","Broad local regulations power (s.73) including the capacity to modify the National Regulations and make transitional regulations — shifts detail to delegated legislation.","Insertion and amendment of numerous ‘information’ and regulatory cooperation clauses across the National Law (multiple sections amended to reference information requested by the Regulatory Authority), increasing node points for discretion and information flows.","Removal of substantial parts of the original National Law (deletion of Part 15 Divisions 1–6, s.67) which changes the structural map and requires careful legal mapping.","Numerous defined terms and mutual cross‑references between this Act, the National Law as applied, previous WA law, and other WA Acts (e.g. School Education Act, Child Care Services Act), increasing interpretive load."],"plain_english_summary":"**What this Bill does (mechanically)\n\n- Applies the Education and Care Services National Law (the National Law, originally a Victorian Act) as the law of Western Australia, with specified local modifications (see s.5 and Part 3).  The National Regulations likewise apply as WA subsidiary legislation, again subject to local modification (see s.11).\n\n- Repeals the existing WA enactments that previously applied the National Law in WA (the Education and Care Services National Law (WA) Act 2012 and the 2012 Regulations) and establishes transition rules so existing approvals, ratings, notices and ongoing processes continue under the new arrangement (see ss.75 and 76–81).\n\n- Sets out how future changes made in Victoria (amending Acts) or to the National Regulations by the Ministerial Council will be brought into effect in WA, including rules for tabling those Victorian amending Acts or Ministerial Council regulations in WA Parliament, and for parliamentary disallowance and proclamation (see ss.6–14 and 16).\n\n- Makes a range of jurisdiction‑specific definitions and declarations so references in the National Law work in a WA context (for example, declaring the Child Care Services Act 2007 and certain WA education Acts to be \"children’s services law\" or \"education law\" for WA purposes; see ss.18–26, 19–22).\n\n- Creates a WA disciplinary pathway: inserts a Division 3A into the National Law enabling the WA Regulatory Authority to allege disciplinary issues and the State tribunal or court to make orders including reprimands, compliance orders and fines up to $57,400 (see s.56, new ss.188AA–188AC).  The State Administrative Tribunal is specified as the relevant tribunal (see s.26).\n\n- Gives the Governor power to make local regulations to modify the National Regulations for WA, to deal with transitional matters, to prescribe fees and criminal‑procedure matters, and to make other consequential provisions (see s.73).\n\n- Excludes some WA statutes from applying to the National Law as applied in WA (for example, the Freedom of Information Act, Auditor General Act, Financial Management Act), while preserving those Acts’ application to public sector bodies performing functions under the National Law (see s.29(2)–(3)).\n\n- Requires a formal Ministerial review of how the Act is working within 5 years of commencement (see s.74).\n\nWho is affected\n\n- Approved providers and operators of education and care services (including centre‑based services, family day care educators, school kindergarten programs): their approvals, obligations, recordkeeping and compliance are regulated under the National Law as it now operates in WA (see s.5 and many amendments in Part 3).\n\n- Children and families who use regulated education and care services: the legal framework that governs service quality, notifications and ratings will now be the National Law as applied in WA (see ss.5, 79(3)(g)).\n\n- The WA Regulatory Authority (the chief executive of the department administering Child Care Services Act 2007) and the State Administrative Tribunal: the Authority enforces the Law in WA and can bring disciplinary allegations; the Tribunal is the decision‑maker for disciplinary orders (see ss.20, 25, 26, 56).\n\n- WA government agencies and oversight bodies: some WA oversight laws will be excluded from application to the National Law in WA (see s.29), which changes how accountability and information access interact with the National Law regime.\n\nWhy it matters (official purpose and practical effects)\n\n- The Bill’s stated purpose is to make the National Law operate directly in WA, with specific modifications so it fits local institutions and processes (see s.5 and Part 3).  That delivers legal consistency with the national scheme while letting WA tailor technical points.\n\n- Practical effects and implementation trade‑offs:\n  - Compliance and reporting: providers will operate under the National Law text (as modified). That means changes in definitions, obligations and enforcement tools; many provisions are changed to make information exchange expressly \"requested by the Regulatory Authority\" (see multiple amendments in Part 3 such as ss.36, 38–41, 45–55), which centralises the Authority’s ability to ask for records.\n  - Disciplinary enforcement in WA: the Bill introduces a WA disciplinary pathway (Division 3A) enabling the State tribunal to impose fines and orders (see s.56 new ss.188AA–188AC). That creates a State enforcement option parallel to criminal penalties under the National Law; the Bill caps overlap so both a disciplinary fine and a criminal penalty are not imposed for substantially the same act (see s.188AC).\n  - Oversight and transparency: the Bill expressly excludes some WA accountability statutes (e.g. FOI, Auditor General) from applying to the National Law as applied in WA (see s.29(2)), but preserves those statutes for public sector bodies acting under the National Law (s.29(3)). The net effect is a change in the routes by which Parliament, auditors or FOI applicants access information about nationally regulated services in WA; detailed interaction will depend on how agencies and the Regulatory Authority operate.\n  - Local modification and administrative discretion: the Governor may make broad local regulations (s.73), including transitional rules and fee settings, which shifts some detail from primary legislation to regulation and gives the WA Executive scope to tailor technical points.\n  - Transition and continuity: ongoing approvals, ratings, pending reviews and enforcement measures under the old WA enactment continue under the new Law (see ss.76–81). That reduces immediate disruption but requires careful administrative mapping of legacy decisions.\n\nCosts, incentives and trade‑offs (mechanisms, not judgements)\n\n- Who pays: regulated entities (approved providers and services) face compliance costs — administrative (recordkeeping, reporting), regulatory fees (per s.73(2)(d)) and potential disciplinary fines (s.56 (new s.188AB)). The State bears administrative costs of enforcement (Regulatory Authority, tribunal, transitional administration) and may change fee settings by regulation.\n\n- Who decides: the WA Regulatory Authority drives compliance monitoring and requests for information (see ss.36–55 and s.197 additions); the Governor (Executive) makes local regulations (s.73); the State Administrative Tribunal (or court) decides disciplinary proceedings (see s.26 and s.56).\n\n- Behavioural incentives: providers are steered toward stricter recordkeeping and responsiveness to information requests because the text repeatedly makes information producible when requested by the Regulatory Authority (see amendments throughout Part 3). The insertion of a WA disciplinary route (s.56) increases non‑criminal enforcement options and creates an incentive to resolve compliance issues before tribunal action.\n\n- Trade‑offs and risks:\n  - National consistency vs local tailoring: adopting the National Law preserves a nationally consistent substantive regime, but extensive local modifications and local regulations give WA specific deviations — that can create complexity for providers operating across jurisdictions (see Part 3 and s.73).\n  - Oversight balance: excluding certain WA oversight Acts (s.29) can simplify the legal map for the National Law, but it may narrow direct routes for public scrutiny unless public sector bodies remain subject to those Acts (s.29(3)).\n  - Implementation complexity: the commencement regime depends on proclamations and the operation of an external Privacy and Responsible Information Sharing Act (see s.2), and Victorian amending Acts and Ministerial Council regulations are incorporated subject to tabling/disallowance rules (ss.6–16). That creates administrative and legal coordination tasks.\n\nKey implementation details to note (section pointers)\n\n- National Law and Regulations applied: s.5 (Law), s.11 (Regulations).\n- Parliamentary tabling and disallowance of Victorian amending Acts and of Ministerial Council regulations: ss.6–14 and 16.\n- WA definitions and declarations linking WA statutes to the National Law: ss.18–26 (e.g. School Education Act, Child Care Services Act).\n- New disciplinary Division 3A and fines: s.56 (new ss.188AA–188AC).\n- Exclusions of WA oversight Acts: s.29(2)–(3).\n- Local regulations and transitional regulations powers: ss.73 and 81.\n- Repeal and transition continuity of existing approvals/ratings/ongoing proceedings: ss.75 and 76–81.\n\nBottom line (mechanical summary): the Bill replaces the existing WA vehicle for delivering the national scheme with a direct application of the Victorian National Law text into WA law, preserves continuity for existing regulatory decisions, creates WA‑specific definitions and a State disciplinary route, provides for local regulation and transitional adjustments, and sets parliamentary tabling/disallowance processes for future national amendments."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-care-services-national-law-application-bill-2025","history":"/api/acts/education-and-care-services-national-law-application-bill-2025/history","analysis":"/api/acts/education-and-care-services-national-law-application-bill-2025/analysis","conflicts":"/api/acts/education-and-care-services-national-law-application-bill-2025/conflicts","importantCases":"/api/acts/education-and-care-services-national-law-application-bill-2025/important-cases","documents":"/api/acts/education-and-care-services-national-law-application-bill-2025/documents"}}