{"id":"qld:act-2013-ecsnlq","name":"Education and Care Services National Law (Queensland)","slug":"education-and-care-services-national-law-queensland","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"ecsnlq of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29741,"registerId":"qld-act-2013-ecsnlq-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Law may be cited as the Education and Care Services National Law (Queensland) .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Law commences in a participating jurisdiction as provided under the Act of that jurisdiction that applies this Law as a law of that jurisdiction.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Paramount consideration—safety, rights and best interests of children","content":"### sec.2A Paramount consideration—safety, rights and best interests of children\n\nThe safety, rights and best interests of children is the paramount consideration in the operation of an education and care service and the delivery of education and care services to children (the paramount consideration ).\nThe following persons must have regard to and apply the paramount consideration when making any decision or taking any action in relation to the operation of an education and care service or the delivery of education and care services to children—\nan approved provider of an education and care service;\na person with management or control of an education and care service;\na person in day-to-day charge of an education and care service;\na nominated supervisor of an education and care service;\na staff member of an education and care service;\na volunteer at an education and care service.\nFor the purposes of this section—\nin the case of an approved provider that is a body corporate, the constitution or rules of the body corporate is taken to include a provision requiring the body corporate to have regard to and apply the paramount consideration; and\nin the case of an approved provider that is an eligible association, the constitution or rules of the eligible association is taken to include a provision requiring the eligible association to have regard to and apply the paramount consideration; and\nin the case of an approved provider that is a partnership, the partnership agreement is taken to include a provision requiring the partnership to have regard to and apply the paramount consideration.\nSubsections (2) (a) and (b) and (3) (a) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act.\nSection 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.\ns 2A ins 2025 No. 53 (Vic) s 61\n(sec.2A-ssec.1) The safety, rights and best interests of children is the paramount consideration in the operation of an education and care service and the delivery of education and care services to children (the paramount consideration ).\n(sec.2A-ssec.2) The following persons must have regard to and apply the paramount consideration when making any decision or taking any action in relation to the operation of an education and care service or the delivery of education and care services to children— an approved provider of an education and care service; a person with management or control of an education and care service; a person in day-to-day charge of an education and care service; a nominated supervisor of an education and care service; a staff member of an education and care service; a volunteer at an education and care service.\n(sec.2A-ssec.3) For the purposes of this section— in the case of an approved provider that is a body corporate, the constitution or rules of the body corporate is taken to include a provision requiring the body corporate to have regard to and apply the paramount consideration; and in the case of an approved provider that is an eligible association, the constitution or rules of the eligible association is taken to include a provision requiring the eligible association to have regard to and apply the paramount consideration; and in the case of an approved provider that is a partnership, the partnership agreement is taken to include a provision requiring the partnership to have regard to and apply the paramount consideration.\n(sec.2A-ssec.4) Subsections (2) (a) and (b) and (3) (a) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act. Section 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.\n- (a) an approved provider of an education and care service;\n- (b) a person with management or control of an education and care service;\n- (c) a person in day-to-day charge of an education and care service;\n- (d) a nominated supervisor of an education and care service;\n- (e) a staff member of an education and care service;\n- (f) a volunteer at an education and care service.\n- (a) in the case of an approved provider that is a body corporate, the constitution or rules of the body corporate is taken to include a provision requiring the body corporate to have regard to and apply the paramount consideration; and\n- (b) in the case of an approved provider that is an eligible association, the constitution or rules of the eligible association is taken to include a provision requiring the eligible association to have regard to and apply the paramount consideration; and\n- (c) in the case of an approved provider that is a partnership, the partnership agreement is taken to include a provision requiring the partnership to have regard to and apply the paramount consideration.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objectives and guiding principles","content":"### sec.3 Objectives and guiding principles\n\nThe objective of this Law is to establish a national education and care services quality framework for the delivery of education and care services to children.\nThe objectives of the national education and care services quality framework are—\nto ensure the safety, health and wellbeing of children attending education and care services;\nto improve the educational and developmental outcomes for children attending education and care services;\nto promote continuous improvement in the provision of quality education and care services;\nto establish a system of national integration and shared responsibility between participating jurisdictions and the Commonwealth in the administration of the national education and care services quality framework;\nto improve public knowledge, and access to information, about the quality of education and care services;\nto reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth.\nThe guiding principles of the national education and care services quality framework are as follows—\nthe paramount consideration set out in section 2A (1) ;\nthat children are successful, competent and capable learners;\nthat the principles of equity, inclusion and diversity underlie this Law;\nthat Australia’s Aboriginal and Torres Strait Islander cultures are valued;\nthat the role of parents and families is respected and supported;\nthat best practice is expected in the provision of education and care services.\ns 3 amd 2025 No. 53 (Vic) s 62\n(sec.3-ssec.1) The objective of this Law is to establish a national education and care services quality framework for the delivery of education and care services to children.\n(sec.3-ssec.2) The objectives of the national education and care services quality framework are— to ensure the safety, health and wellbeing of children attending education and care services; to improve the educational and developmental outcomes for children attending education and care services; to promote continuous improvement in the provision of quality education and care services; to establish a system of national integration and shared responsibility between participating jurisdictions and the Commonwealth in the administration of the national education and care services quality framework; to improve public knowledge, and access to information, about the quality of education and care services; to reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth.\n(sec.3-ssec.3) The guiding principles of the national education and care services quality framework are as follows— the paramount consideration set out in section 2A (1) ; that children are successful, competent and capable learners; that the principles of equity, inclusion and diversity underlie this Law; that Australia’s Aboriginal and Torres Strait Islander cultures are valued; that the role of parents and families is respected and supported; that best practice is expected in the provision of education and care services.\n- (a) to ensure the safety, health and wellbeing of children attending education and care services;\n- (b) to improve the educational and developmental outcomes for children attending education and care services;\n- (c) to promote continuous improvement in the provision of quality education and care services;\n- (d) to establish a system of national integration and shared responsibility between participating jurisdictions and the Commonwealth in the administration of the national education and care services quality framework;\n- (e) to improve public knowledge, and access to information, about the quality of education and care services;\n- (f) to reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth.\n- (a) the paramount consideration set out in section 2A (1) ;\n- (b) that children are successful, competent and capable learners;\n- (c) that the principles of equity, inclusion and diversity underlie this Law;\n- (d) that Australia’s Aboriginal and Torres Strait Islander cultures are valued;\n- (e) that the role of parents and families is respected and supported;\n- (f) that best practice is expected in the provision of education and care services.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"How functions to be exercised","content":"### sec.4 How functions to be exercised\n\nAn entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national education and care services quality framework set out in section 3 .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nIn this Law—\napproval in principle means an approval in principle granted under section 110 for a proposed education and care service premises;\ns 5 def approval in principle ins 2023 No. 33 (Vic) s 3\napproval in principle criteria means, of the national regulations that regulate the education and care service premises, those which are prescribed to be the approval in principle criteria;\ns 5 def approval in principle criteria ins 2023 No. 33 (Vic) s 3\napproval in principle holder means—\na person granted an approval in principle under section 110 ; or\nif the approval in principle is transferred to another person under section 118 or 119 , that person;\ns 5 def approval in principle holder ins 2023 No. 33 (Vic) s 3\napproved education and care service means an education and care service for which a service approval exists;\napproved family day care service means an approved education and care service that is a family day care service;\napproved family day care venue means a place (other than a residence) approved under section 50A or 54 (8A) as a family day care venue for an approved family day care service;\ns 5 def approved family day care venue sub 2017 No. 9 (Vic) s 4 (b)\napproved learning framework means a learning framework approved by the Ministerial Council;\napproved provider means a person who holds a provider approval;\nassociated children’s service means a children’s service that is operated or intended to be operated by an approved provider at the same place as an approved education and care service;\nAustralian Accounting Standards means the standards issued or pronounced by the Australian Accounting Standards Board;\nauthorised officer means a person authorised to be an authorised officer under Part 9 ;\nAuthority Fund means the Australian Children’s Education and Care Quality Authority Fund established under section 274 ;\nBoard means the Australian Children’s Education and Care Quality Authority Board established under this Law;\ncertified supervisor ...\ns 5 def certified supervisor om 2017 No. 9 (Vic) s 4 (h)\nchief executive officer means the chief executive officer of the National Authority appointed under this Law;\nchildren’s service means a service providing or intended to provide education and care on a regular basis to children under 13 years of age that is primarily regulated under a children’s services law of a participating jurisdiction and is not an education and care service;\nchildren’s services law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a children’s services law for the purposes of this Law;\nchildren’s services regulator , in relation to a participating jurisdiction, means a person declared by a law of that jurisdiction to be the children’s services regulator for the purposes of this Law;\nCommonwealth Minister means the Minister of the Commonwealth who is responsible for policies and programs relating to education and care services;\ncompliance direction means a compliance direction under section 176 ;\ncompliance notice means a compliance notice under section 177 ;\neducation and care related work means work in or as part of an education and care service involving the provision of education and care;\ns 5 def education and care related work ins 2025 No. 53 (Vic) s 3\neducation and care service means any service providing or intended to provide education and care on a regular basis to children under 13 years of age other than—\na school providing full-time education to children, including children attending in the year before grade 1 but not including a preschool program delivered in a school or a preschool that is registered as a school; or\na preschool program delivered in a school if—\nthe program is delivered in a class or classes where a full-time education program is also being delivered to school children; and\nthe program is being delivered to fewer than 6 children in the school; or\na personal arrangement; or\na service principally conducted to provide instruction in a particular activity; or\nInstruction in a particular activity could be instruction in sport, dance, music, culture or language or religious instruction.\na service providing education and care to patients in a hospital or patients of a medical or therapeutic care service; or\ncare provided under a child protection law of a participating jurisdiction; or\na prescribed class of disability service; or\na service of a prescribed class;\nEducation and care services to which this Law applies include long day care services, family day care services, outside school hours services and preschool programs including those delivered in schools, unless expressly excluded.\neducation and care service premises means—\nin relation to an education and care service other than a family day care service, each place at which an education and care service operates or is to operate; or\nin relation to a family day care service—\nan office of the family day care service; or\nan approved family day care venue; or\neach part of a residence used to provide education and care to children as part of a family day care service or used to provide access to the part of the residence used to provide that education and care;\neducation law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an education law for the purposes of this Law;\neducator means an individual who provides education and care for children as part of an education and care service;\neligible association means an association of a prescribed class;\nexcursion means an outing organised by an education and care service to and from a destination outside of the education and care service premises, but does not include an outing organised by an education and care service provided at a school if—\nthe children taking part in the excursion leave the education and care service premises in the company of an educator; and\nthe children do not leave the school;\ns 5 def excursion ins 2025 No. 53 (Vic) s 63 (1)\nfamily day care co-ordinator means a person employed or engaged by an approved provider of a family day care service to monitor and support the family day care educators who are part of the service;\nfamily day care educator means an educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue;\nfamily day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators;\ns 5 def family day care educator assistant ins 2017 No. 9 (Vic) s 4 (a)\nfamily day care residence means a residence at which a family day care educator educates and cares for children as part of a family day care service;\nfamily day care service means an education and care service that—\nis delivered through the use of 2 or more educators to provide education and care to children; and\noperates from 2 or more residences;\nA family day care service that is an approved family day care service may provide education and care to children from a family day care residence or an approved family day care venue.\ns 5 def family day care service sub 2017 No. 9 (Vic) s 4 (c)\nfamily member , in relation to a child, means—\na parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or half-blood and whether that relationship arises by marriage (including a de facto relationship) or by adoption or otherwise; or\na relative of the child according to Aboriginal or Torres Strait Islander tradition; or\na person with whom the child resides in a family-like relationship; or\na person who is recognised in the child’s community as having a familial role in respect of the child;\nformer education and care services law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a former education and care services law for the purposes of this Law;\nformer provider means a person who held a provider approval that is surrendered, suspended or cancelled under this Law;\ns 5 def former provider ins 2025 No. 53 (Vic) s 63 (1)\ngrade 1 , in relation to a school, means the first year of compulsory full-time schooling;\nguardian , in relation to a child, means the legal guardian of the child;\ninfringements law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an infringements law for the purposes of this Law;\nmandatory approval in principle jurisdiction means a Part 4 jurisdiction in which section 49A of this Law applies;\nSee section 49A .\ns 5 def mandatory approval in principle jurisdiction ins 2023 No. 33 (Vic) s 3\nMinisterial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters under this Law;\ns 5 def Ministerial Council sub 2017 No. 9 (Vic) s 4 (d) ; 2022 No. 13 (Vic) s 63\nNational Authority means the Australian Children’s Education and Care Quality Authority established under this Law;\nNational Early Childhood Worker Register means the register established under section 269B ;\ns 5 def National Early Childhood Worker Register ins 2025 No. 53 (Vic) s 63 (1)\nnational education and care services quality framework means—\nthis Law; and\nthe national regulations; and\nthe National Quality Standard; and\nthe prescribed rating system;\nNational Partnership Agreement means the National Partnership Agreement on the National Quality Agenda for Early Childhood and Care entered into by the States and Territories and the Commonwealth on 7 December 2009, as amended from time to time;\nNational Quality Framework means the national education and care services quality framework;\nNational Quality Standard means the National Quality Standard prescribed by the national regulations;\nnational regulations means the regulations made under this Law;\nnominated supervisor , in relation to an education and care service, means an individual who—\nis nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and\nunless the individual is the approved provider, has provided written consent to that nomination;\nAn individual may be both a nominated supervisor of a family day care service and a family day care co-ordinator for that service if the individual meets the criteria for each role.\ns 5 def nominated supervisor sub 2017 No. 9 (Vic) s 4 (e)\noffice , in relation to a family day care service, means—\nthe principal office of the service; or\nthe principal office of the approved provider of the service; or\nany other business office of the approved provider of the service; or\nany premises of the service from which the service’s family day care educators are co-ordinated;\ns 5 def office sub 2017 No. 9 (Vic) s 4 (f)\nparent , in relation to a child, includes—\na guardian of the child; and\na person who has parental responsibility for the child under a decision or order of a court;\nPart 4 building means—\na building that has 3 or more storeys (including the ground level and each level of a split level); or\na building of a prescribed class;\ns 5 def Part 4 building ins 2023 No. 33 (Vic) s 3\nPart 4 building law , in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 building law;\ns 5 def Part 4 building law ins 2023 No. 33 (Vic) s 3\nPart 4 jurisdiction means a participating jurisdiction in which Part 4 of this Law applies;\nSee section 105 .\ns 5 def Part 4 jurisdiction ins 2023 No. 33 (Vic) s 3\nPart 4 planning law , in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 planning law;\ns 5 def Part 4 planning law ins 2023 No. 33 (Vic) s 3\nparticipating jurisdiction means a State or Territory in which—\nthis Law applies as a Law of the State or Territory; or\na law that substantially corresponds to the provisions of this Law has been enacted;\npayment , in relation to a prescribed fee, includes payment by electronic or other means;\nperson means—\nan individual; or\na body corporate; or\nan eligible association; or\na partnership; or\na prescribed entity;\nperson in day-to-day charge , in relation to an education and care service, means a person who is placed in day-to-day charge of the service in accordance with the national regulations;\ns 5 def person in day-to-day charge ins 2017 No. 9 (Vic) s 4 (a)\nperson with management or control means a person referred to in section 5A ;\ns 5 def person with management or control sub 2022 No. 43 (Vic) s 15\npersonal arrangement means education and care provided to a child—\nby a family member or guardian of a child personally, otherwise than as a staff member of, or under an engagement with, a service providing education and care on a regular basis to children under 13 years of age; or\nby a friend of the family of the child personally under an informal arrangement where no offer to provide that education and care was advertised;\npreschool program means an early childhood educational program delivered by a qualified early childhood teacher to children in the year that is 2 years before grade 1 of school;\nprescribed ineligible person means a person in a class of persons prescribed by the national regulations to be prescribed ineligible persons;\nprohibition notice means a prohibition notice given under section 182 (1) , (3) or (4) ;\ns 5 def prohibition notice ins 2017 No. 9 (Vic) s 4 (a)\namd 2025 No. 53 (Vic) s 63 (2)\nprotected disclosure —see section 296 ;\nprovider approval means a provider approval—\ngranted under Part 2 of this Law or this Law as applying in another participating jurisdiction; and\nas amended under this Law or this Law as applying in another participating jurisdiction—\nbut does not include a provider approval that has been cancelled;\npublic sector law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a public sector law for the purposes of this Law;\nrating assessment means an assessment or reassessment of an approved education and care service under Part 5 ;\nRatings Review Panel means a Ratings Review Panel established under section 146 ;\nreceiving approved provider has the meaning set out in section 58 ;\nrecruitment agency means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring education and care related work for individuals seeking such work, whether or not the business includes procuring any other kind of work for those individuals or any other individuals;\ns 5 def recruitment agency ins 2025 No. 53 (Vic) s 3\nRegulatory Authority means a person declared by a law of a participating jurisdiction to be the Regulatory Authority for that jurisdiction or for a class of education and care services for that jurisdiction;\nrelated provider has the meaning given by section 5B ;\ns 5 def related provider ins 2025 No. 53 (Vic) s 63 (1)\nrelated provider determination means a determination made under section 5C (1) (a) or (b) ;\ns 5 def related provider determination ins 2025 No. 53 (Vic) s 63 (1)\nrelevant Commonwealth Department means the government department administered by the Commonwealth Minister;\nrelevant tribunal or court , in relation to a participating jurisdiction, means the tribunal or court declared by a law of that jurisdiction to be the relevant tribunal or court for the purposes of this Law or a provision of this Law;\nresidence means the habitable areas of a dwelling;\nschool children includes children attending school in the year before grade 1;\nschool means—\na government school; or\na non-government school that is registered or accredited under an education law of a participating jurisdiction;\nserious detrimental action —see section 296 ;\nserious incident means an incident or class of incidents prescribed by the national regulations as a serious incident;\ns 5 def serious incident ins 2017 No. 9 (Vic) s 4 (a)\nservice approval means a service approval—\ngranted under Part 3 of this Law or this Law as applying in another participating jurisdiction; and\nas amended under this Law or this Law as applying in another participating jurisdiction—\nbut does not include a service approval that has been cancelled;\nstaff member , in relation to an education and care service, means any individual (other than a nominated supervisor or a volunteer) employed, appointed or engaged to work in or as part of an education and care service, whether as family day care co-ordinator, educator or otherwise;\ns 5 def staff member amd 2017 No. 9 (Vic) s 4 (g)\nsupervisor certificate ...\ns 5 def supervisor certificate om 2017 No. 9 (Vic) s 4 (h)\nsystemic risk , in relation to an applicant for a provider approval, an approved provider, a related provider of an applicant for a provider approval or a related provider of an approved provider, has the meaning given by section 5D ;\ns 5 def systemic risk ins 2025 No. 53 (Vic) s 63 (1)\ntransferring approved provider has the meaning set out in section 58 ;\nworking with children card means a card issued to a person under a working with children law of a participating jurisdiction that permits that person to work with children;\nworking with children check means a notice, certificate or other document granted to, or with respect to, a person under a working with children law to the effect that—\nthe person has been assessed as suitable to work with children; or\nthere has been no information that if the person worked with children the person would pose a risk to the children; or\nthe person is not prohibited from attempting to obtain, undertake or remain in child-related employment;\nworking with children law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with children law for the purposes of this Law;\nworking with vulnerable people law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with vulnerable people law for the purposes of this Law.\nIn this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to the statutory instruments made or in force under the law or provision.\nIn this Law a reference to education and care includes a reference to education or care.\nIn this Law, an education and care service as defined in subsection (1) is an education and care service even if the service also provides education and care to children of or over the age of 13 years.\nIn this Law, a children’s service as defined in subsection (1) is a children’s service even if the service also provides education and care to children of or over the age of 13 years.\nIn this Law, a reference to this Law as applying in a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.\ns 5 amd 2011 No. 80 (Vic) s 62\n(sec.5-ssec.1) In this Law— approval in principle means an approval in principle granted under section 110 for a proposed education and care service premises; s 5 def approval in principle ins 2023 No. 33 (Vic) s 3 approval in principle criteria means, of the national regulations that regulate the education and care service premises, those which are prescribed to be the approval in principle criteria; s 5 def approval in principle criteria ins 2023 No. 33 (Vic) s 3 approval in principle holder means— a person granted an approval in principle under section 110 ; or if the approval in principle is transferred to another person under section 118 or 119 , that person; s 5 def approval in principle holder ins 2023 No. 33 (Vic) s 3 approved education and care service means an education and care service for which a service approval exists; approved family day care service means an approved education and care service that is a family day care service; approved family day care venue means a place (other than a residence) approved under section 50A or 54 (8A) as a family day care venue for an approved family day care service; s 5 def approved family day care venue sub 2017 No. 9 (Vic) s 4 (b) approved learning framework means a learning framework approved by the Ministerial Council; approved provider means a person who holds a provider approval; associated children’s service means a children’s service that is operated or intended to be operated by an approved provider at the same place as an approved education and care service; Australian Accounting Standards means the standards issued or pronounced by the Australian Accounting Standards Board; authorised officer means a person authorised to be an authorised officer under Part 9 ; Authority Fund means the Australian Children’s Education and Care Quality Authority Fund established under section 274 ; Board means the Australian Children’s Education and Care Quality Authority Board established under this Law; certified supervisor ... s 5 def certified supervisor om 2017 No. 9 (Vic) s 4 (h) chief executive officer means the chief executive officer of the National Authority appointed under this Law; children’s service means a service providing or intended to provide education and care on a regular basis to children under 13 years of age that is primarily regulated under a children’s services law of a participating jurisdiction and is not an education and care service; children’s services law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a children’s services law for the purposes of this Law; children’s services regulator , in relation to a participating jurisdiction, means a person declared by a law of that jurisdiction to be the children’s services regulator for the purposes of this Law; Commonwealth Minister means the Minister of the Commonwealth who is responsible for policies and programs relating to education and care services; compliance direction means a compliance direction under section 176 ; compliance notice means a compliance notice under section 177 ; education and care related work means work in or as part of an education and care service involving the provision of education and care; s 5 def education and care related work ins 2025 No. 53 (Vic) s 3 education and care service means any service providing or intended to provide education and care on a regular basis to children under 13 years of age other than— a school providing full-time education to children, including children attending in the year before grade 1 but not including a preschool program delivered in a school or a preschool that is registered as a school; or a preschool program delivered in a school if— the program is delivered in a class or classes where a full-time education program is also being delivered to school children; and the program is being delivered to fewer than 6 children in the school; or a personal arrangement; or a service principally conducted to provide instruction in a particular activity; or Instruction in a particular activity could be instruction in sport, dance, music, culture or language or religious instruction. a service providing education and care to patients in a hospital or patients of a medical or therapeutic care service; or care provided under a child protection law of a participating jurisdiction; or a prescribed class of disability service; or a service of a prescribed class; Education and care services to which this Law applies include long day care services, family day care services, outside school hours services and preschool programs including those delivered in schools, unless expressly excluded. education and care service premises means— in relation to an education and care service other than a family day care service, each place at which an education and care service operates or is to operate; or in relation to a family day care service— an office of the family day care service; or an approved family day care venue; or each part of a residence used to provide education and care to children as part of a family day care service or used to provide access to the part of the residence used to provide that education and care; education law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an education law for the purposes of this Law; educator means an individual who provides education and care for children as part of an education and care service; eligible association means an association of a prescribed class; excursion means an outing organised by an education and care service to and from a destination outside of the education and care service premises, but does not include an outing organised by an education and care service provided at a school if— the children taking part in the excursion leave the education and care service premises in the company of an educator; and the children do not leave the school; s 5 def excursion ins 2025 No. 53 (Vic) s 63 (1) family day care co-ordinator means a person employed or engaged by an approved provider of a family day care service to monitor and support the family day care educators who are part of the service; family day care educator means an educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue; family day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators; s 5 def family day care educator assistant ins 2017 No. 9 (Vic) s 4 (a) family day care residence means a residence at which a family day care educator educates and cares for children as part of a family day care service; family day care service means an education and care service that— is delivered through the use of 2 or more educators to provide education and care to children; and operates from 2 or more residences; A family day care service that is an approved family day care service may provide education and care to children from a family day care residence or an approved family day care venue. s 5 def family day care service sub 2017 No. 9 (Vic) s 4 (c) family member , in relation to a child, means— a parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or half-blood and whether that relationship arises by marriage (including a de facto relationship) or by adoption or otherwise; or a relative of the child according to Aboriginal or Torres Strait Islander tradition; or a person with whom the child resides in a family-like relationship; or a person who is recognised in the child’s community as having a familial role in respect of the child; former education and care services law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a former education and care services law for the purposes of this Law; former provider means a person who held a provider approval that is surrendered, suspended or cancelled under this Law; s 5 def former provider ins 2025 No. 53 (Vic) s 63 (1) grade 1 , in relation to a school, means the first year of compulsory full-time schooling; guardian , in relation to a child, means the legal guardian of the child; infringements law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an infringements law for the purposes of this Law; mandatory approval in principle jurisdiction means a Part 4 jurisdiction in which section 49A of this Law applies; See section 49A . s 5 def mandatory approval in principle jurisdiction ins 2023 No. 33 (Vic) s 3 Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters under this Law; s 5 def Ministerial Council sub 2017 No. 9 (Vic) s 4 (d) ; 2022 No. 13 (Vic) s 63 National Authority means the Australian Children’s Education and Care Quality Authority established under this Law; National Early Childhood Worker Register means the register established under section 269B ; s 5 def National Early Childhood Worker Register ins 2025 No. 53 (Vic) s 63 (1) national education and care services quality framework means— this Law; and the national regulations; and the National Quality Standard; and the prescribed rating system; National Partnership Agreement means the National Partnership Agreement on the National Quality Agenda for Early Childhood and Care entered into by the States and Territories and the Commonwealth on 7 December 2009, as amended from time to time; National Quality Framework means the national education and care services quality framework; National Quality Standard means the National Quality Standard prescribed by the national regulations; national regulations means the regulations made under this Law; nominated supervisor , in relation to an education and care service, means an individual who— is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and unless the individual is the approved provider, has provided written consent to that nomination; An individual may be both a nominated supervisor of a family day care service and a family day care co-ordinator for that service if the individual meets the criteria for each role. s 5 def nominated supervisor sub 2017 No. 9 (Vic) s 4 (e) office , in relation to a family day care service, means— the principal office of the service; or the principal office of the approved provider of the service; or any other business office of the approved provider of the service; or any premises of the service from which the service’s family day care educators are co-ordinated; s 5 def office sub 2017 No. 9 (Vic) s 4 (f) parent , in relation to a child, includes— a guardian of the child; and a person who has parental responsibility for the child under a decision or order of a court; Part 4 building means— a building that has 3 or more storeys (including the ground level and each level of a split level); or a building of a prescribed class; s 5 def Part 4 building ins 2023 No. 33 (Vic) s 3 Part 4 building law , in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 building law; s 5 def Part 4 building law ins 2023 No. 33 (Vic) s 3 Part 4 jurisdiction means a participating jurisdiction in which Part 4 of this Law applies; See section 105 . s 5 def Part 4 jurisdiction ins 2023 No. 33 (Vic) s 3 Part 4 planning law , in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 planning law; s 5 def Part 4 planning law ins 2023 No. 33 (Vic) s 3 participating jurisdiction means a State or Territory in which— this Law applies as a Law of the State or Territory; or a law that substantially corresponds to the provisions of this Law has been enacted; payment , in relation to a prescribed fee, includes payment by electronic or other means; person means— an individual; or a body corporate; or an eligible association; or a partnership; or a prescribed entity; person in day-to-day charge , in relation to an education and care service, means a person who is placed in day-to-day charge of the service in accordance with the national regulations; s 5 def person in day-to-day charge ins 2017 No. 9 (Vic) s 4 (a) person with management or control means a person referred to in section 5A ; s 5 def person with management or control sub 2022 No. 43 (Vic) s 15 personal arrangement means education and care provided to a child— by a family member or guardian of a child personally, otherwise than as a staff member of, or under an engagement with, a service providing education and care on a regular basis to children under 13 years of age; or by a friend of the family of the child personally under an informal arrangement where no offer to provide that education and care was advertised; preschool program means an early childhood educational program delivered by a qualified early childhood teacher to children in the year that is 2 years before grade 1 of school; prescribed ineligible person means a person in a class of persons prescribed by the national regulations to be prescribed ineligible persons; prohibition notice means a prohibition notice given under section 182 (1) , (3) or (4) ; s 5 def prohibition notice ins 2017 No. 9 (Vic) s 4 (a) amd 2025 No. 53 (Vic) s 63 (2) protected disclosure —see section 296 ; provider approval means a provider approval— granted under Part 2 of this Law or this Law as applying in another participating jurisdiction; and as amended under this Law or this Law as applying in another participating jurisdiction— but does not include a provider approval that has been cancelled; public sector law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a public sector law for the purposes of this Law; rating assessment means an assessment or reassessment of an approved education and care service under Part 5 ; Ratings Review Panel means a Ratings Review Panel established under section 146 ; receiving approved provider has the meaning set out in section 58 ; recruitment agency means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring education and care related work for individuals seeking such work, whether or not the business includes procuring any other kind of work for those individuals or any other individuals; s 5 def recruitment agency ins 2025 No. 53 (Vic) s 3 Regulatory Authority means a person declared by a law of a participating jurisdiction to be the Regulatory Authority for that jurisdiction or for a class of education and care services for that jurisdiction; related provider has the meaning given by section 5B ; s 5 def related provider ins 2025 No. 53 (Vic) s 63 (1) related provider determination means a determination made under section 5C (1) (a) or (b) ; s 5 def related provider determination ins 2025 No. 53 (Vic) s 63 (1) relevant Commonwealth Department means the government department administered by the Commonwealth Minister; relevant tribunal or court , in relation to a participating jurisdiction, means the tribunal or court declared by a law of that jurisdiction to be the relevant tribunal or court for the purposes of this Law or a provision of this Law; residence means the habitable areas of a dwelling; school children includes children attending school in the year before grade 1; school means— a government school; or a non-government school that is registered or accredited under an education law of a participating jurisdiction; serious detrimental action —see section 296 ; serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident; s 5 def serious incident ins 2017 No. 9 (Vic) s 4 (a) service approval means a service approval— granted under Part 3 of this Law or this Law as applying in another participating jurisdiction; and as amended under this Law or this Law as applying in another participating jurisdiction— but does not include a service approval that has been cancelled; staff member , in relation to an education and care service, means any individual (other than a nominated supervisor or a volunteer) employed, appointed or engaged to work in or as part of an education and care service, whether as family day care co-ordinator, educator or otherwise; s 5 def staff member amd 2017 No. 9 (Vic) s 4 (g) supervisor certificate ... s 5 def supervisor certificate om 2017 No. 9 (Vic) s 4 (h) systemic risk , in relation to an applicant for a provider approval, an approved provider, a related provider of an applicant for a provider approval or a related provider of an approved provider, has the meaning given by section 5D ; s 5 def systemic risk ins 2025 No. 53 (Vic) s 63 (1) transferring approved provider has the meaning set out in section 58 ; working with children card means a card issued to a person under a working with children law of a participating jurisdiction that permits that person to work with children; working with children check means a notice, certificate or other document granted to, or with respect to, a person under a working with children law to the effect that— the person has been assessed as suitable to work with children; or there has been no information that if the person worked with children the person would pose a risk to the children; or the person is not prohibited from attempting to obtain, undertake or remain in child-related employment; working with children law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with children law for the purposes of this Law; working with vulnerable people law , in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with vulnerable people law for the purposes of this Law.\n(sec.5-ssec.2) In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to the statutory instruments made or in force under the law or provision.\n(sec.5-ssec.3) In this Law a reference to education and care includes a reference to education or care.\n(sec.5-ssec.4) In this Law, an education and care service as defined in subsection (1) is an education and care service even if the service also provides education and care to children of or over the age of 13 years.\n(sec.5-ssec.5) In this Law, a children’s service as defined in subsection (1) is a children’s service even if the service also provides education and care to children of or over the age of 13 years.\n(sec.5-ssec.6) In this Law, a reference to this Law as applying in a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.\n- (a) a person granted an approval in principle under section 110 ; or\n- (b) if the approval in principle is transferred to another person under section 118 or 119 , that person;\n- (a) a school providing full-time education to children, including children attending in the year before grade 1 but not including a preschool program delivered in a school or a preschool that is registered as a school; or\n- (b) a preschool program delivered in a school if— (i) the program is delivered in a class or classes where a full-time education program is also being delivered to school children; and (ii) the program is being delivered to fewer than 6 children in the school; or\n- (i) the program is delivered in a class or classes where a full-time education program is also being delivered to school children; and\n- (ii) the program is being delivered to fewer than 6 children in the school; or\n- (c) a personal arrangement; or\n- (d) a service principally conducted to provide instruction in a particular activity; or Example— Instruction in a particular activity could be instruction in sport, dance, music, culture or language or religious instruction.\n- (e) a service providing education and care to patients in a hospital or patients of a medical or therapeutic care service; or\n- (f) care provided under a child protection law of a participating jurisdiction; or\n- (g) a prescribed class of disability service; or\n- (h) a service of a prescribed class; Example— Education and care services to which this Law applies include long day care services, family day care services, outside school hours services and preschool programs including those delivered in schools, unless expressly excluded.\n- (i) the program is delivered in a class or classes where a full-time education program is also being delivered to school children; and\n- (ii) the program is being delivered to fewer than 6 children in the school; or\n- (a) in relation to an education and care service other than a family day care service, each place at which an education and care service operates or is to operate; or\n- (b) in relation to a family day care service— (i) an office of the family day care service; or (ii) an approved family day care venue; or (iii) each part of a residence used to provide education and care to children as part of a family day care service or used to provide access to the part of the residence used to provide that education and care;\n- (i) an office of the family day care service; or\n- (ii) an approved family day care venue; or\n- (iii) each part of a residence used to provide education and care to children as part of a family day care service or used to provide access to the part of the residence used to provide that education and care;\n- (i) an office of the family day care service; or\n- (ii) an approved family day care venue; or\n- (iii) each part of a residence used to provide education and care to children as part of a family day care service or used to provide access to the part of the residence used to provide that education and care;\n- (a) the children taking part in the excursion leave the education and care service premises in the company of an educator; and\n- (b) the children do not leave the school;\n- (a) is delivered through the use of 2 or more educators to provide education and care to children; and\n- (b) operates from 2 or more residences;\n- (a) a parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or half-blood and whether that relationship arises by marriage (including a de facto relationship) or by adoption or otherwise; or\n- (b) a relative of the child according to Aboriginal or Torres Strait Islander tradition; or\n- (c) a person with whom the child resides in a family-like relationship; or\n- (d) a person who is recognised in the child’s community as having a familial role in respect of the child;\n- (a) this Law; and\n- (b) the national regulations; and\n- (c) the National Quality Standard; and\n- (d) the prescribed rating system;\n- (a) is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and\n- (b) unless the individual is the approved provider, has provided written consent to that nomination;\n- (a) the principal office of the service; or\n- (b) the principal office of the approved provider of the service; or\n- (c) any other business office of the approved provider of the service; or\n- (d) any premises of the service from which the service’s family day care educators are co-ordinated;\n- (a) a guardian of the child; and\n- (b) a person who has parental responsibility for the child under a decision or order of a court;\n- (a) a building that has 3 or more storeys (including the ground level and each level of a split level); or\n- (b) a building of a prescribed class;\n- (a) this Law applies as a Law of the State or Territory; or\n- (b) a law that substantially corresponds to the provisions of this Law has been enacted;\n- (a) an individual; or\n- (b) a body corporate; or\n- (c) an eligible association; or\n- (d) a partnership; or\n- (e) a prescribed entity;\n- (a) by a family member or guardian of a child personally, otherwise than as a staff member of, or under an engagement with, a service providing education and care on a regular basis to children under 13 years of age; or\n- (b) by a friend of the family of the child personally under an informal arrangement where no offer to provide that education and care was advertised;\n- (a) granted under Part 2 of this Law or this Law as applying in another participating jurisdiction; and\n- (b) as amended under this Law or this Law as applying in another participating jurisdiction—\n- (a) a government school; or\n- (b) a non-government school that is registered or accredited under an education law of a participating jurisdiction;\n- (a) granted under Part 3 of this Law or this Law as applying in another participating jurisdiction; and\n- (b) as amended under this Law or this Law as applying in another participating jurisdiction—\n- (a) the person has been assessed as suitable to work with children; or\n- (b) there has been no information that if the person worked with children the person would pose a risk to the children; or\n- (c) the person is not prohibited from attempting to obtain, undertake or remain in child-related employment;","sortOrder":6},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Meaning of person with management or control","content":"### sec.5A Meaning of person with management or control\n\nFor the purposes of this Law, each of the following persons is a person with management or control of an education and care service—\nif the provider or intended provider of the service is a body corporate—\nan officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\nany other person who—\nis a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\nhas authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\nif the provider or intended provider of the service is an eligible association—\neach member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\nany other person who—\nis a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\nhas authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\nif the provider or intended provider of the service is a partnership—\neach partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\nany other person who—\nis a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\nhas authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\nin any other case, any person who—\nis a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\nhas authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.\ns 5A ins 2022 No. 43 (Vic) s 16\n- (a) if the provider or intended provider of the service is a body corporate— (i) an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and (ii) any other person who— (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (i) an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\n- (ii) any other person who— (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (b) if the provider or intended provider of the service is an eligible association— (i) each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and (ii) any other person who— (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (i) each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\n- (ii) any other person who— (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (c) if the provider or intended provider of the service is a partnership— (i) each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and (ii) any other person who— (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (i) each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\n- (ii) any other person who— (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (d) in any other case, any person who— (i) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (ii) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.\n- (i) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (ii) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.\n- (i) an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\n- (ii) any other person who— (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (i) each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\n- (ii) any other person who— (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (i) each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and\n- (ii) any other person who— (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;\n- (i) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n- (ii) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.","sortOrder":7},{"sectionNumber":"sec.5B","sectionType":"section","heading":"Who is a related provider ?","content":"### sec.5B Who is a related provider ?\n\nIn this Law, a related provider means a person who is—\na related provider within the meaning of section 4A (3) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; or\nan approved provider who is determined to be related to another approved provider or an applicant for a provider approval under a related provider determination; or\na former provider who is determined to be related to an approved provider or an applicant for a provider approval under a related provider determination.\ns 5B ins 2025 No. 53 (Vic) s 64\n- (a) a related provider within the meaning of section 4A (3) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; or\n- (b) an approved provider who is determined to be related to another approved provider or an applicant for a provider approval under a related provider determination; or\n- (c) a former provider who is determined to be related to an approved provider or an applicant for a provider approval under a related provider determination.","sortOrder":8},{"sectionNumber":"sec.5C","sectionType":"section","heading":"Related provider determination","content":"### sec.5C Related provider determination\n\nThe Regulatory Authority may determine that—\none or more approved providers or former providers are related to an applicant for a provider approval; or\none or more approved providers or former providers are related to each other.\nThe Regulatory Authority must not make a related provider determination under this section unless it is satisfied that the prescribed circumstances apply.\nA related provider determination must—\nset out the reasons for the determination; and\nbe given in accordance with the national regulations to—\nin the case of a determination under subsection (1) (a) , the applicant for the provider approval and each approved provider or former provider who is determined to be related to the applicant; or\nin the case of a determination under subsection (1) (b) , each approved provider or former provider who is determined to be related to each other.\nThe Regulatory Authority may revoke a related provider determination if it is satisfied that the circumstances prescribed for the purposes of subsection (2) no longer apply.\ns 5C ins 2025 No. 53 (Vic) s 64\n(sec.5C-ssec.1) The Regulatory Authority may determine that— one or more approved providers or former providers are related to an applicant for a provider approval; or one or more approved providers or former providers are related to each other.\n(sec.5C-ssec.2) The Regulatory Authority must not make a related provider determination under this section unless it is satisfied that the prescribed circumstances apply.\n(sec.5C-ssec.3) A related provider determination must— set out the reasons for the determination; and be given in accordance with the national regulations to— in the case of a determination under subsection (1) (a) , the applicant for the provider approval and each approved provider or former provider who is determined to be related to the applicant; or in the case of a determination under subsection (1) (b) , each approved provider or former provider who is determined to be related to each other.\n(sec.5C-ssec.4) The Regulatory Authority may revoke a related provider determination if it is satisfied that the circumstances prescribed for the purposes of subsection (2) no longer apply.\n- (a) one or more approved providers or former providers are related to an applicant for a provider approval; or\n- (b) one or more approved providers or former providers are related to each other.\n- (a) set out the reasons for the determination; and\n- (b) be given in accordance with the national regulations to— (i) in the case of a determination under subsection (1) (a) , the applicant for the provider approval and each approved provider or former provider who is determined to be related to the applicant; or (ii) in the case of a determination under subsection (1) (b) , each approved provider or former provider who is determined to be related to each other.\n- (i) in the case of a determination under subsection (1) (a) , the applicant for the provider approval and each approved provider or former provider who is determined to be related to the applicant; or\n- (ii) in the case of a determination under subsection (1) (b) , each approved provider or former provider who is determined to be related to each other.\n- (i) in the case of a determination under subsection (1) (a) , the applicant for the provider approval and each approved provider or former provider who is determined to be related to the applicant; or\n- (ii) in the case of a determination under subsection (1) (b) , each approved provider or former provider who is determined to be related to each other.","sortOrder":9},{"sectionNumber":"sec.5D","sectionType":"section","heading":"What is a systemic risk ?","content":"### sec.5D What is a systemic risk ?\n\nIn this Law, a systemic risk arises in relation to—\nan applicant for a provider approval if the provider approval is granted and there is—\na risk to the safety, health or wellbeing of a child or children to be educated and cared for by an education and care service proposed to be operated by the applicant; or\na risk of the applicant contravening this Law or the national regulations; or\nan approved provider if there is—\na risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the approved provider; or\na risk of the approved provider contravening this Law or the national regulations; or\na related provider of an applicant for a provider approval or a related provider of an approved provider if there is—\na risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the related provider; or\na risk of the related provider contravening this Law or the national regulations.\nIn determining whether there is a systemic risk, the Regulatory Authority may have regard to the following—\nthe nature of the risk;\nwhether the risk is connected to, or is a result of, the governance, ownership or operation of an approved provider or one or more related providers of the approved provider;\nwhether the risk is shared between an approved provider and any related provider of the approved provider;\nhow the risk affects an approved provider and any related provider of the approved provider;\nany other matter the Regulatory Authority considers relevant.\ns 5D ins 2025 No. 53 (Vic) s 64\n(sec.5D-ssec.1) In this Law, a systemic risk arises in relation to— an applicant for a provider approval if the provider approval is granted and there is— a risk to the safety, health or wellbeing of a child or children to be educated and cared for by an education and care service proposed to be operated by the applicant; or a risk of the applicant contravening this Law or the national regulations; or an approved provider if there is— a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the approved provider; or a risk of the approved provider contravening this Law or the national regulations; or a related provider of an applicant for a provider approval or a related provider of an approved provider if there is— a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the related provider; or a risk of the related provider contravening this Law or the national regulations.\n(sec.5D-ssec.2) In determining whether there is a systemic risk, the Regulatory Authority may have regard to the following— the nature of the risk; whether the risk is connected to, or is a result of, the governance, ownership or operation of an approved provider or one or more related providers of the approved provider; whether the risk is shared between an approved provider and any related provider of the approved provider; how the risk affects an approved provider and any related provider of the approved provider; any other matter the Regulatory Authority considers relevant.\n- (a) an applicant for a provider approval if the provider approval is granted and there is— (i) a risk to the safety, health or wellbeing of a child or children to be educated and cared for by an education and care service proposed to be operated by the applicant; or (ii) a risk of the applicant contravening this Law or the national regulations; or\n- (i) a risk to the safety, health or wellbeing of a child or children to be educated and cared for by an education and care service proposed to be operated by the applicant; or\n- (ii) a risk of the applicant contravening this Law or the national regulations; or\n- (b) an approved provider if there is— (i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the approved provider; or (ii) a risk of the approved provider contravening this Law or the national regulations; or\n- (i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the approved provider; or\n- (ii) a risk of the approved provider contravening this Law or the national regulations; or\n- (c) a related provider of an applicant for a provider approval or a related provider of an approved provider if there is— (i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the related provider; or (ii) a risk of the related provider contravening this Law or the national regulations.\n- (i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the related provider; or\n- (ii) a risk of the related provider contravening this Law or the national regulations.\n- (i) a risk to the safety, health or wellbeing of a child or children to be educated and cared for by an education and care service proposed to be operated by the applicant; or\n- (ii) a risk of the applicant contravening this Law or the national regulations; or\n- (i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the approved provider; or\n- (ii) a risk of the approved provider contravening this Law or the national regulations; or\n- (i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the related provider; or\n- (ii) a risk of the related provider contravening this Law or the national regulations.\n- (a) the nature of the risk;\n- (b) whether the risk is connected to, or is a result of, the governance, ownership or operation of an approved provider or one or more related providers of the approved provider;\n- (c) whether the risk is shared between an approved provider and any related provider of the approved provider;\n- (d) how the risk affects an approved provider and any related provider of the approved provider;\n- (e) any other matter the Regulatory Authority considers relevant.","sortOrder":10},{"sectionNumber":"sec.6","sectionType":"section","heading":"Interpretation generally","content":"### sec.6 Interpretation generally\n\nSchedule 1 applies in relation to this Law.\nThe National Partnership Agreement is declared to be a relevant document for the purposes of paragraph (h) of the definition of extrinsic material in clause 8(1) of Schedule 1 .\n(sec.6-ssec.1) Schedule 1 applies in relation to this Law.\n(sec.6-ssec.2) The National Partnership Agreement is declared to be a relevant document for the purposes of paragraph (h) of the definition of extrinsic material in clause 8(1) of Schedule 1 .","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":"Single national entity","content":"### sec.7 Single national entity\n\nIt is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of other participating jurisdictions, has the effect that an entity established by this Law is one single national entity, with functions conferred by this Law as so applied.\nAn entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\nAn entity established by this Law may exercise its functions in relation to—\none participating jurisdiction; or\n2 or more or all participating jurisdictions collectively.\n(Repealed)\ns 7 amd 2011 No. 80 (Vic) s 63\n(sec.7-ssec.1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of other participating jurisdictions, has the effect that an entity established by this Law is one single national entity, with functions conferred by this Law as so applied.\n(sec.7-ssec.2) An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\n(sec.7-ssec.3) An entity established by this Law may exercise its functions in relation to— one participating jurisdiction; or 2 or more or all participating jurisdictions collectively.\n(sec.7-ssec.4) (Repealed)\n- (a) one participating jurisdiction; or\n- (b) 2 or more or all participating jurisdictions collectively.","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Extraterritorial operation of Law","content":"### sec.8 Extraterritorial operation of Law\n\nIt is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—\nthings situated in or outside the territorial limits of this jurisdiction;\nacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\nthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.\n- (a) things situated in or outside the territorial limits of this jurisdiction;\n- (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n- (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Law binds the State","content":"### sec.9 Law binds the State\n\nThis Law binds the State.\nIn this section—\nState means the Crown in right of this jurisdiction, and includes—\nthe Government of this jurisdiction; and\na Minister of the Crown in right of this jurisdiction; and\na statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\n(sec.9-ssec.1) This Law binds the State.\n(sec.9-ssec.2) In this section— State means the Crown in right of this jurisdiction, and includes— the Government of this jurisdiction; and a Minister of the Crown in right of this jurisdiction; and a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\n- (a) the Government of this jurisdiction; and\n- (b) a Minister of the Crown in right of this jurisdiction; and\n- (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.","sortOrder":14},{"sectionNumber":"pt.2","sectionType":"part","heading":"Provider approval","content":"# Provider approval","sortOrder":15},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Application for provider approval","content":"## Application for provider approval","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application for provider approval","content":"### sec.10 Application for provider approval\n\nA person, other than a prescribed ineligible person, may apply to the Regulatory Authority for a provider approval.\nAn application may be made by more than one person.\nIf an application is made by more than one person—\nthe prescribed information must be provided in respect of each person; and\nthe requirements of this Division must be complied with by and in respect of each person.\n(sec.10-ssec.1) A person, other than a prescribed ineligible person, may apply to the Regulatory Authority for a provider approval.\n(sec.10-ssec.2) An application may be made by more than one person.\n(sec.10-ssec.3) If an application is made by more than one person— the prescribed information must be provided in respect of each person; and the requirements of this Division must be complied with by and in respect of each person.\n- (a) the prescribed information must be provided in respect of each person; and\n- (b) the requirements of this Division must be complied with by and in respect of each person.","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Form of application","content":"### sec.11 Form of application\n\nAn application under section 10 must—\nbe made to the Regulatory Authority of the participating jurisdiction—\nin which the applicant, or any of the applicants, is ordinarily resident; or\nif the applicant or applicants are not individuals, in which the principal office of the applicant or any of the applicants is located; and\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\n- (a) be made to the Regulatory Authority of the participating jurisdiction— (i) in which the applicant, or any of the applicants, is ordinarily resident; or (ii) if the applicant or applicants are not individuals, in which the principal office of the applicant or any of the applicants is located; and\n- (i) in which the applicant, or any of the applicants, is ordinarily resident; or\n- (ii) if the applicant or applicants are not individuals, in which the principal office of the applicant or any of the applicants is located; and\n- (b) be in writing; and\n- (c) include the prescribed information; and\n- (d) include payment of the prescribed fee.\n- (i) in which the applicant, or any of the applicants, is ordinarily resident; or\n- (ii) if the applicant or applicants are not individuals, in which the principal office of the applicant or any of the applicants is located; and","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Applicant must be fit and proper person","content":"### sec.12 Applicant must be fit and proper person\n\nAn applicant who is an individual must satisfy the Regulatory Authority that the applicant is a fit and proper person to be involved in the provision of an education and care service.\nIf the applicant is not an individual, the applicant must satisfy the Regulatory Authority that—\neach person who will be a person with management or control of an education and care service to be operated by the applicant is a fit and proper person to be involved in the provision of an education and care service; and\nthe applicant is a fit and proper person to be involved in the provision of an education and care service.\nThe head of a government department administering an education law of a participating jurisdiction is taken to be a fit and proper person for the purposes of this Part.\n(sec.12-ssec.1) An applicant who is an individual must satisfy the Regulatory Authority that the applicant is a fit and proper person to be involved in the provision of an education and care service.\n(sec.12-ssec.2) If the applicant is not an individual, the applicant must satisfy the Regulatory Authority that— each person who will be a person with management or control of an education and care service to be operated by the applicant is a fit and proper person to be involved in the provision of an education and care service; and the applicant is a fit and proper person to be involved in the provision of an education and care service.\n(sec.12-ssec.3) The head of a government department administering an education law of a participating jurisdiction is taken to be a fit and proper person for the purposes of this Part.\n- (a) each person who will be a person with management or control of an education and care service to be operated by the applicant is a fit and proper person to be involved in the provision of an education and care service; and\n- (b) the applicant is a fit and proper person to be involved in the provision of an education and care service.","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Matters to be taken into account in assessing whether fit and proper person","content":"### sec.13 Matters to be taken into account in assessing whether fit and proper person\n\nIn determining whether a person is a fit and proper person under this Division, the Regulatory Authority must have regard to—\nthe person’s history of compliance with—\nthis Law as applying in any participating jurisdiction; and\na former education and care services law of a participating jurisdiction; and\na children’s services law of a participating jurisdiction; and\nan education law of a participating jurisdiction; and\nIf a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291 (5) .\nany decision under a former education and care services law, a children’s services law or an education law of a participating jurisdiction to refuse, refuse to renew, suspend or cancel a licence, approval, registration or certification or other authorisation granted to the person under that law; and\neither—\nany prescribed matters relating to the criminal history of the person to the extent that history may affect the person’s suitability for the role of provider of an education and care service; or\nany check of the person under a working with vulnerable people law of a participating jurisdiction; and\nwhether the person is bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors or, in the case of a body corporate, is insolvent under administration or an externally-administered body corporate.\nWithout limiting subsection (1) , the Regulatory Authority may have regard to—\nwhether the person has a medical condition that may cause the person to be incapable of being responsible for providing an education and care service in accordance with this Law; and\nwhether the financial circumstances of the person may significantly limit the person’s capacity to meet the person’s obligations in providing an education and care service in accordance with this Law; and\nwhether the person has the management capability to operate an education and care service in accordance with this Law; and\nany of the following actions taken under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth in relation to a child care service approved under that Act, operated by the person or in relation to which the person was a person with management or control—\nany sanction imposed under section 195H of that Act;\nany suspension imposed under section 197A of that Act;\nany infringement notice given under section 219WA of that Act.\nWithout limiting subsections (1) and (2) , the Regulatory Authority may have regard to the matters set out in subsections (1) and (2) in respect of any related provider of the applicant if the Regulatory Authority is satisfied that there may be a systemic risk in relation to the applicant or the related provider of the applicant.\nNothing in subsection (1) , (2) or (2A) limits the circumstances in which a person may be considered not to be a fit and proper person to be involved in the provision of an education and care service.\ns 13 amd 2017 No. 9 (Vic) s 5 ; 2022 No. 13 (Vic) s 7 ; 2025 No. 53 (Vic) s 65\n(sec.13-ssec.1) In determining whether a person is a fit and proper person under this Division, the Regulatory Authority must have regard to— the person’s history of compliance with— this Law as applying in any participating jurisdiction; and a former education and care services law of a participating jurisdiction; and a children’s services law of a participating jurisdiction; and an education law of a participating jurisdiction; and If a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291 (5) . any decision under a former education and care services law, a children’s services law or an education law of a participating jurisdiction to refuse, refuse to renew, suspend or cancel a licence, approval, registration or certification or other authorisation granted to the person under that law; and either— any prescribed matters relating to the criminal history of the person to the extent that history may affect the person’s suitability for the role of provider of an education and care service; or any check of the person under a working with vulnerable people law of a participating jurisdiction; and whether the person is bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors or, in the case of a body corporate, is insolvent under administration or an externally-administered body corporate.\n(sec.13-ssec.2) Without limiting subsection (1) , the Regulatory Authority may have regard to— whether the person has a medical condition that may cause the person to be incapable of being responsible for providing an education and care service in accordance with this Law; and whether the financial circumstances of the person may significantly limit the person’s capacity to meet the person’s obligations in providing an education and care service in accordance with this Law; and whether the person has the management capability to operate an education and care service in accordance with this Law; and any of the following actions taken under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth in relation to a child care service approved under that Act, operated by the person or in relation to which the person was a person with management or control— any sanction imposed under section 195H of that Act; any suspension imposed under section 197A of that Act; any infringement notice given under section 219WA of that Act.\n(sec.13-ssec.2A) Without limiting subsections (1) and (2) , the Regulatory Authority may have regard to the matters set out in subsections (1) and (2) in respect of any related provider of the applicant if the Regulatory Authority is satisfied that there may be a systemic risk in relation to the applicant or the related provider of the applicant.\n(sec.13-ssec.3) Nothing in subsection (1) , (2) or (2A) limits the circumstances in which a person may be considered not to be a fit and proper person to be involved in the provision of an education and care service.\n- (a) the person’s history of compliance with— (i) this Law as applying in any participating jurisdiction; and (ii) a former education and care services law of a participating jurisdiction; and (iii) a children’s services law of a participating jurisdiction; and (iv) an education law of a participating jurisdiction; and Note— If a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291 (5) .\n- (i) this Law as applying in any participating jurisdiction; and\n- (ii) a former education and care services law of a participating jurisdiction; and\n- (iii) a children’s services law of a participating jurisdiction; and\n- (iv) an education law of a participating jurisdiction; and Note— If a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291 (5) .\n- (b) any decision under a former education and care services law, a children’s services law or an education law of a participating jurisdiction to refuse, refuse to renew, suspend or cancel a licence, approval, registration or certification or other authorisation granted to the person under that law; and\n- (c) either— (i) any prescribed matters relating to the criminal history of the person to the extent that history may affect the person’s suitability for the role of provider of an education and care service; or (ii) any check of the person under a working with vulnerable people law of a participating jurisdiction; and\n- (i) any prescribed matters relating to the criminal history of the person to the extent that history may affect the person’s suitability for the role of provider of an education and care service; or\n- (ii) any check of the person under a working with vulnerable people law of a participating jurisdiction; and\n- (d) whether the person is bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors or, in the case of a body corporate, is insolvent under administration or an externally-administered body corporate.\n- (i) this Law as applying in any participating jurisdiction; and\n- (ii) a former education and care services law of a participating jurisdiction; and\n- (iii) a children’s services law of a participating jurisdiction; and\n- (iv) an education law of a participating jurisdiction; and Note— If a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291 (5) .\n- (i) any prescribed matters relating to the criminal history of the person to the extent that history may affect the person’s suitability for the role of provider of an education and care service; or\n- (ii) any check of the person under a working with vulnerable people law of a participating jurisdiction; and\n- (a) whether the person has a medical condition that may cause the person to be incapable of being responsible for providing an education and care service in accordance with this Law; and\n- (b) whether the financial circumstances of the person may significantly limit the person’s capacity to meet the person’s obligations in providing an education and care service in accordance with this Law; and\n- (c) whether the person has the management capability to operate an education and care service in accordance with this Law; and\n- (d) any of the following actions taken under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth in relation to a child care service approved under that Act, operated by the person or in relation to which the person was a person with management or control— (i) any sanction imposed under section 195H of that Act; (ii) any suspension imposed under section 197A of that Act; (iii) any infringement notice given under section 219WA of that Act.\n- (i) any sanction imposed under section 195H of that Act;\n- (ii) any suspension imposed under section 197A of that Act;\n- (iii) any infringement notice given under section 219WA of that Act.\n- (i) any sanction imposed under section 195H of that Act;\n- (ii) any suspension imposed under section 197A of that Act;\n- (iii) any infringement notice given under section 219WA of that Act.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Regulatory Authority may seek further information","content":"### sec.14 Regulatory Authority may seek further information\n\nFor the purpose of carrying out an assessment as to whether a person is a fit and proper person, the Regulatory Authority may—\nask the person to provide further information, including for the purposes of assessing the person’s knowledge of the National Quality Framework; and\nundertake inquiries in relation to the person; and\nby written notification, require the person to undergo an oral or written assessment of the person’s knowledge of the National Quality Framework.\nIf the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.\nIf the Regulatory Authority requires the applicant to undergo an assessment under this section, the period from the giving of the notification until the conduct of the assessment is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.\ns 14 amd 2017 No. 9 (Vic) s 6 ; 2022 No. 43 (Vic) s 17\n(sec.14-ssec.1) For the purpose of carrying out an assessment as to whether a person is a fit and proper person, the Regulatory Authority may— ask the person to provide further information, including for the purposes of assessing the person’s knowledge of the National Quality Framework; and undertake inquiries in relation to the person; and by written notification, require the person to undergo an oral or written assessment of the person’s knowledge of the National Quality Framework.\n(sec.14-ssec.2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.\n(sec.14-ssec.3) If the Regulatory Authority requires the applicant to undergo an assessment under this section, the period from the giving of the notification until the conduct of the assessment is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.\n- (a) ask the person to provide further information, including for the purposes of assessing the person’s knowledge of the National Quality Framework; and\n- (b) undertake inquiries in relation to the person; and\n- (c) by written notification, require the person to undergo an oral or written assessment of the person’s knowledge of the National Quality Framework.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Grant or refusal of provider approval","content":"### sec.15 Grant or refusal of provider approval\n\nOn an application under section 10 , the Regulatory Authority may—\ngrant the provider approval; or\nrefuse to grant the provider approval.\nA provider approval is granted subject to conditions in accordance with section 19 .\nThe Regulatory Authority must not grant a provider approval unless the Authority is satisfied as to the matters in section 12 .\nSubject to subsection (4) , the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\nIf further information is requested under section 14 (1) (a) , the period between the making of the request and the provision of the information is not included in the 60 day period.\nIf an assessment is required under section 14 (1) (c) , the period between the giving of the notification and the conduct of the assessment is not included in the 60 day period.\nThe period referred to in subsection (3) may be extended by up to 30 days with the agreement of the applicant.\nThe Regulatory Authority is taken to have refused to grant a provider approval if the Regulatory Authority has not made a decision under subsection (1) —\nwithin the relevant period required under subsection (3) ; or\nwithin the period extended under subsection (4) —\nas the case requires.\ns 15 amd 2022 No. 13 (Vic) s 8 ; 2022 No. 43 (Vic) s 18\n(sec.15-ssec.1) On an application under section 10 , the Regulatory Authority may— grant the provider approval; or refuse to grant the provider approval. A provider approval is granted subject to conditions in accordance with section 19 .\n(sec.15-ssec.2) The Regulatory Authority must not grant a provider approval unless the Authority is satisfied as to the matters in section 12 .\n(sec.15-ssec.3) Subject to subsection (4) , the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application. If further information is requested under section 14 (1) (a) , the period between the making of the request and the provision of the information is not included in the 60 day period. If an assessment is required under section 14 (1) (c) , the period between the giving of the notification and the conduct of the assessment is not included in the 60 day period.\n(sec.15-ssec.4) The period referred to in subsection (3) may be extended by up to 30 days with the agreement of the applicant.\n(sec.15-ssec.5) The Regulatory Authority is taken to have refused to grant a provider approval if the Regulatory Authority has not made a decision under subsection (1) — within the relevant period required under subsection (3) ; or within the period extended under subsection (4) — as the case requires.\n- (a) grant the provider approval; or\n- (b) refuse to grant the provider approval.\n- 1 If further information is requested under section 14 (1) (a) , the period between the making of the request and the provision of the information is not included in the 60 day period.\n- 2 If an assessment is required under section 14 (1) (c) , the period between the giving of the notification and the conduct of the assessment is not included in the 60 day period.\n- (a) within the relevant period required under subsection (3) ; or\n- (b) within the period extended under subsection (4) —","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Notice of decision on application","content":"### sec.16 Notice of decision on application\n\nThe Regulatory Authority must give written notice to the applicant of a decision under section 15 and the reasons for that decision within 7 days after the decision is made.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Duration of provider approval","content":"### sec.17 Duration of provider approval\n\nA provider approval granted under section 15 continues in force until it is cancelled or surrendered under this Law, or this Law as applying in a participating jurisdiction.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Effect of provider approval","content":"### sec.18 Effect of provider approval\n\nA provider approval authorises the approved provider to operate an approved education and care service and an associated children’s service if the approved provider is the holder of the service approval for those services.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Conditions on provider approval","content":"### sec.19 Conditions on provider approval\n\nA provider approval may be granted subject to any conditions that are prescribed in the national regulations or that are determined by the Regulatory Authority.\nWithout limiting subsection (1) , a provider approval is subject to the condition that the approved provider must comply with this Law.\nA condition of a provider approval applies to the provider as the operator of any education and care service or associated children’s service, unless the condition expressly provides otherwise.\nAn approved provider must comply with the conditions of the provider approval.\nPenalty:\n$34 200, in the case of an individual.\n$172 200, in any other case.\ns 19 amd 2022 No. 43 (Vic) s 52 ; 2025 No. 53 (Vic) s 13\n(sec.19-ssec.1) A provider approval may be granted subject to any conditions that are prescribed in the national regulations or that are determined by the Regulatory Authority.\n(sec.19-ssec.2) Without limiting subsection (1) , a provider approval is subject to the condition that the approved provider must comply with this Law.\n(sec.19-ssec.3) A condition of a provider approval applies to the provider as the operator of any education and care service or associated children’s service, unless the condition expressly provides otherwise.\n(sec.19-ssec.4) An approved provider must comply with the conditions of the provider approval. Penalty: $34 200, in the case of an individual. $172 200, in any other case.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Copy of provider approval","content":"### sec.20 Copy of provider approval\n\nIf the Regulatory Authority grants a provider approval under this Part, the Regulatory Authority must provide a copy of the provider approval to the approved provider stating—\nthe name of the approved provider; and\nif the approved provider is not an individual, the address of the principal office of the provider; and\nany conditions to which the approval is subject; and\nthe date that the provider approval was granted; and\nthe provider approval number; and\nany other prescribed matters.\n- (a) the name of the approved provider; and\n- (b) if the approved provider is not an individual, the address of the principal office of the provider; and\n- (c) any conditions to which the approval is subject; and\n- (d) the date that the provider approval was granted; and\n- (e) the provider approval number; and\n- (f) any other prescribed matters.","sortOrder":27},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Reassessment","content":"## Reassessment","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Reassessment of fitness and propriety","content":"### sec.21 Reassessment of fitness and propriety\n\nThe Regulatory Authority may at any time assess—\nwhether an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or\nwhether a person with management or control of an education and care service operated by an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or\nwhether a person who becomes a person with management or control of an education and care service operated by the approved provider after the grant of the provider approval is a fit and proper person to be involved in the provision of an education and care service.\nSections 13 and 14 apply to the reassessment.\n(sec.21-ssec.1) The Regulatory Authority may at any time assess— whether an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or whether a person with management or control of an education and care service operated by an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or whether a person who becomes a person with management or control of an education and care service operated by the approved provider after the grant of the provider approval is a fit and proper person to be involved in the provision of an education and care service.\n(sec.21-ssec.2) Sections 13 and 14 apply to the reassessment.\n- (a) whether an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or\n- (b) whether a person with management or control of an education and care service operated by an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or\n- (c) whether a person who becomes a person with management or control of an education and care service operated by the approved provider after the grant of the provider approval is a fit and proper person to be involved in the provision of an education and care service.","sortOrder":29},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Amendment of provider approvals","content":"## Amendment of provider approvals","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Amendment of provider approval on application","content":"### sec.22 Amendment of provider approval on application\n\nAn approved provider may apply to the Regulatory Authority for an amendment of the provider approval.\nThe application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nThe Regulatory Authority must decide the application by—\namending the provider approval in the way applied for; or\nwith the applicant’s written agreement, amending the provider approval in another way; or\nrefusing to amend the provider approval.\nThe Regulatory Authority must make a decision on the application within 30 days after the Regulatory Authority receives the application.\nWithout limiting subsection (3) , an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.\n(sec.22-ssec.1) An approved provider may apply to the Regulatory Authority for an amendment of the provider approval.\n(sec.22-ssec.2) The application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.22-ssec.3) The Regulatory Authority must decide the application by— amending the provider approval in the way applied for; or with the applicant’s written agreement, amending the provider approval in another way; or refusing to amend the provider approval.\n(sec.22-ssec.4) The Regulatory Authority must make a decision on the application within 30 days after the Regulatory Authority receives the application.\n(sec.22-ssec.5) Without limiting subsection (3) , an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.\n- (a) amending the provider approval in the way applied for; or\n- (b) with the applicant’s written agreement, amending the provider approval in another way; or\n- (c) refusing to amend the provider approval.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Amendment of provider approval by Regulatory Authority","content":"### sec.23 Amendment of provider approval by Regulatory Authority\n\nThe Regulatory Authority may amend a provider approval at any time without an application from the approved provider.\nWithout limiting subsection (1) , an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.\nWithout limiting subsections (1) and (2) , the Regulatory Authority may amend an approved provider’s provider approval, vary a condition on an approved provider’s provider approval or impose a new condition on an approved provider’s provider approval if the Regulatory Authority is satisfied that—\nthere is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\nthe amendment of the provider approval, the variation of the condition on the provider approval or the imposition of the new condition on the provider approval is reasonably necessary to address the systemic risk.\nThe Regulatory Authority must give written notice to the approved provider of the amendment.\nAn amendment under this section has effect—\n14 days after the Regulatory Authority gives notice of the amendment under subsection (3) ; or\nif another period is specified by the Regulatory Authority, at the end of that period.\ns 23 amd 2011 No. 80 (Vic) s 64 ; 2025 No. 53 (Vic) s 66\n(sec.23-ssec.1) The Regulatory Authority may amend a provider approval at any time without an application from the approved provider.\n(sec.23-ssec.2) Without limiting subsection (1) , an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.\n(sec.23-ssec.2A) Without limiting subsections (1) and (2) , the Regulatory Authority may amend an approved provider’s provider approval, vary a condition on an approved provider’s provider approval or impose a new condition on an approved provider’s provider approval if the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and the amendment of the provider approval, the variation of the condition on the provider approval or the imposition of the new condition on the provider approval is reasonably necessary to address the systemic risk.\n(sec.23-ssec.3) The Regulatory Authority must give written notice to the approved provider of the amendment.\n(sec.23-ssec.4) An amendment under this section has effect— 14 days after the Regulatory Authority gives notice of the amendment under subsection (3) ; or if another period is specified by the Regulatory Authority, at the end of that period.\n- (a) there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\n- (b) the amendment of the provider approval, the variation of the condition on the provider approval or the imposition of the new condition on the provider approval is reasonably necessary to address the systemic risk.\n- (a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3) ; or\n- (b) if another period is specified by the Regulatory Authority, at the end of that period.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Copy of amended provider approval to be provided","content":"### sec.24 Copy of amended provider approval to be provided\n\nIf the Regulatory Authority amends a provider approval under this Division, the Regulatory Authority must—\nprovide an amended copy of the provider approval to the approved provider; and\nmake any necessary amendments to any service approval held by the provider and provide an amended copy of the service approval to the approved provider.\n- (a) provide an amended copy of the provider approval to the approved provider; and\n- (b) make any necessary amendments to any service approval held by the provider and provide an amended copy of the service approval to the approved provider.","sortOrder":33},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Suspension or cancellation of provider approval","content":"## Suspension or cancellation of provider approval","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Grounds for suspension of provider approval","content":"### sec.25 Grounds for suspension of provider approval\n\nThe Regulatory Authority may suspend a provider approval if—\nthe approved provider has been charged with an indictable offence, or with an offence that if committed in this jurisdiction would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of an education and care service; or\nthe approved provider has failed to comply with a condition of the provider approval; or\nthe approved provider has failed to comply with this Law as applying in any participating jurisdiction; or\naction is being taken under Part 7 (other than a compliance direction) in respect of more than one education and care service operated by the approved provider; or\nthe approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or\nthe approved provider purported to transfer or receive a transfer of an approved education and care service without the consent of the Regulatory Authority; or\nthe approved provider has not paid any outstanding prescribed fees; or\nunder section 195H (1) (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C (b) , (c) or (d) of that Act; or\nIt is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A (1) (a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\nthe approved provider has been refused approval as a provider under section 194B (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C (b) , (c) or (d) of that Act.\nThe Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B (1) (a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\nWithout limiting subsection (1) , the Regulatory Authority may suspend an approved provider’s provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\nthere is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\nthe suspension is reasonably necessary to address the systemic risk.\ns 25 amd 2022 No. 43 (Vic) s 19 ; 2025 No. 53 (Vic) s 67\n(sec.25-ssec.1) The Regulatory Authority may suspend a provider approval if— the approved provider has been charged with an indictable offence, or with an offence that if committed in this jurisdiction would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of an education and care service; or the approved provider has failed to comply with a condition of the provider approval; or the approved provider has failed to comply with this Law as applying in any participating jurisdiction; or action is being taken under Part 7 (other than a compliance direction) in respect of more than one education and care service operated by the approved provider; or the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or the approved provider purported to transfer or receive a transfer of an approved education and care service without the consent of the Regulatory Authority; or the approved provider has not paid any outstanding prescribed fees; or under section 195H (1) (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C (b) , (c) or (d) of that Act; or It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A (1) (a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. the approved provider has been refused approval as a provider under section 194B (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C (b) , (c) or (d) of that Act. The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B (1) (a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n(sec.25-ssec.2) Without limiting subsection (1) , the Regulatory Authority may suspend an approved provider’s provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and the suspension is reasonably necessary to address the systemic risk.\n- (a) the approved provider has been charged with an indictable offence, or with an offence that if committed in this jurisdiction would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of an education and care service; or\n- (b) the approved provider has failed to comply with a condition of the provider approval; or\n- (c) the approved provider has failed to comply with this Law as applying in any participating jurisdiction; or\n- (d) action is being taken under Part 7 (other than a compliance direction) in respect of more than one education and care service operated by the approved provider; or\n- (e) the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or\n- (f) the approved provider purported to transfer or receive a transfer of an approved education and care service without the consent of the Regulatory Authority; or\n- (g) the approved provider has not paid any outstanding prescribed fees; or\n- (h) under section 195H (1) (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C (b) , (c) or (d) of that Act; or Note— It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A (1) (a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n- (i) the approved provider has been refused approval as a provider under section 194B (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C (b) , (c) or (d) of that Act. Note— The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B (1) (a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n- (a) there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\n- (b) the suspension is reasonably necessary to address the systemic risk.","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Show cause notice before suspension","content":"### sec.26 Show cause notice before suspension\n\nThis section applies if the Regulatory Authority is considering the suspension of a provider approval under section 25 .\nThe Regulatory Authority must first give the approved provider a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to suspend the provider approval; and\nthe proposed period of suspension; and\nthe reasons for the proposed suspension; and\nthat the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.\n(sec.26-ssec.1) This section applies if the Regulatory Authority is considering the suspension of a provider approval under section 25 .\n(sec.26-ssec.2) The Regulatory Authority must first give the approved provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to suspend the provider approval; and the proposed period of suspension; and the reasons for the proposed suspension; and that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.\n- (a) that the Regulatory Authority intends to suspend the provider approval; and\n- (b) the proposed period of suspension; and\n- (c) the reasons for the proposed suspension; and\n- (d) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Decision to suspend after show cause process","content":"### sec.27 Decision to suspend after show cause process\n\nAfter considering any written response from the approved provider received within the time allowed by section 26 (2) (d) , the Regulatory Authority may—\nif the suspension was proposed on a ground referred to in section 25 (1) (a) , accept an undertaking from the approved provider under section 179A ; or\nin any case—\nsuspend the provider approval for a period not more than the prescribed period; or\ndecide not to suspend the provider approval.\ns 27 amd 2017 No. 9 (Vic) s 7 ; 2025 No. 53 (Vic) s 68\n- (a) if the suspension was proposed on a ground referred to in section 25 (1) (a) , accept an undertaking from the approved provider under section 179A ; or\n- (b) in any case— (i) suspend the provider approval for a period not more than the prescribed period; or (ii) decide not to suspend the provider approval.\n- (i) suspend the provider approval for a period not more than the prescribed period; or\n- (ii) decide not to suspend the provider approval.\n- (i) suspend the provider approval for a period not more than the prescribed period; or\n- (ii) decide not to suspend the provider approval.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Suspension without show cause notice","content":"### sec.28 Suspension without show cause notice\n\nThe Regulatory Authority may suspend the provider approval on a ground referred to in section 25 without giving the approved provider a show cause notice under section 26 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the provider.\nThe suspension may not be for a period of more than 6 months.\n(sec.28-ssec.1) The Regulatory Authority may suspend the provider approval on a ground referred to in section 25 without giving the approved provider a show cause notice under section 26 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the provider.\n(sec.28-ssec.2) The suspension may not be for a period of more than 6 months.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Notice and taking effect of suspension","content":"### sec.29 Notice and taking effect of suspension\n\nThe Regulatory Authority must give the approved provider written notice of the decision to suspend the provider approval.\nThe notice of a decision to suspend must set out the period of suspension and the date on which it takes effect.\nThe decision under section 27 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.\nThe decision under section 28 to suspend takes effect on the giving of the notice.\n(sec.29-ssec.1) The Regulatory Authority must give the approved provider written notice of the decision to suspend the provider approval.\n(sec.29-ssec.2) The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect.\n(sec.29-ssec.3) The decision under section 27 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.\n(sec.29-ssec.4) The decision under section 28 to suspend takes effect on the giving of the notice.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Effect of suspension","content":"### sec.30 Effect of suspension\n\nSubject to this section, if a provider approval is suspended under section 27 or 28 of this Law as applying in any participating jurisdiction, all service approvals held by the provider are also suspended for the same period.\nA suspension under subsection (1) applies to both education and care services and any associated children’s services.\nA person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension.\nA service approval is not suspended under subsection (1) during any period that a person is approved under section 41 to manage or control the education and care service.\nThe Regulatory Authority may consent under Part 3 to the transfer of a service approval that is suspended under section 27 or 28 .\nThe suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date.\n(sec.30-ssec.1) Subject to this section, if a provider approval is suspended under section 27 or 28 of this Law as applying in any participating jurisdiction, all service approvals held by the provider are also suspended for the same period.\n(sec.30-ssec.2) A suspension under subsection (1) applies to both education and care services and any associated children’s services.\n(sec.30-ssec.3) A person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension.\n(sec.30-ssec.4) A service approval is not suspended under subsection (1) during any period that a person is approved under section 41 to manage or control the education and care service.\n(sec.30-ssec.5) The Regulatory Authority may consent under Part 3 to the transfer of a service approval that is suspended under section 27 or 28 .\n(sec.30-ssec.6) The suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Grounds for cancellation of provider approval","content":"### sec.31 Grounds for cancellation of provider approval\n\nThe Regulatory Authority may cancel a provider approval if—\nthe Regulatory Authority is satisfied that the approved provider or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service; or\nthe Regulatory Authority is satisfied that the continued provision of education and care services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by an education and care service operated by the approved provider; or\nthe approved provider has been found guilty of an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or\nthe approved provider has been found guilty of an offence under this Law as applying in any participating jurisdiction; or\nthe approved provider has breached a condition of the provider approval; or\nthe approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or\nunder section 195H (1) (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C (b) , (c) or (d) of that Act; or\nIt is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A (1) (a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\nthe approved provider has been refused approval as a provider under section 194B (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C (b) , (c) or (d) of that Act.\nThe Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B (1) (a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\nWithout limiting subsection (1) , the Regulatory Authority may cancel an approved provider’s provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\nthere is a systemic risk in relation to the approved provider or the related provider of the approved provider; and\nthe cancellation is reasonably necessary to address the systemic risk.\ns 31 amd 2022 No. 43 (Vic) s 20 ; 2025 No. 53 (Vic) s 69\n(sec.31-ssec.1) The Regulatory Authority may cancel a provider approval if— the Regulatory Authority is satisfied that the approved provider or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service; or the Regulatory Authority is satisfied that the continued provision of education and care services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by an education and care service operated by the approved provider; or the approved provider has been found guilty of an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or the approved provider has been found guilty of an offence under this Law as applying in any participating jurisdiction; or the approved provider has breached a condition of the provider approval; or the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or under section 195H (1) (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C (b) , (c) or (d) of that Act; or It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A (1) (a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. the approved provider has been refused approval as a provider under section 194B (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C (b) , (c) or (d) of that Act. The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B (1) (a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n(sec.31-ssec.2) Without limiting subsection (1) , the Regulatory Authority may cancel an approved provider’s provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or the related provider of the approved provider; and the cancellation is reasonably necessary to address the systemic risk.\n- (a) the Regulatory Authority is satisfied that the approved provider or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service; or\n- (b) the Regulatory Authority is satisfied that the continued provision of education and care services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by an education and care service operated by the approved provider; or\n- (c) the approved provider has been found guilty of an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or\n- (d) the approved provider has been found guilty of an offence under this Law as applying in any participating jurisdiction; or\n- (e) the approved provider has breached a condition of the provider approval; or\n- (f) the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or\n- (g) under section 195H (1) (b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider’s approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C (b) , (c) or (d) of that Act; or Note— It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A (1) (a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n- (h) the approved provider has been refused approval as a provider under section 194B (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C (b) , (c) or (d) of that Act. Note— The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B (1) (a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.\n- (a) there is a systemic risk in relation to the approved provider or the related provider of the approved provider; and\n- (b) the cancellation is reasonably necessary to address the systemic risk.","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Show cause notice before cancellation","content":"### sec.32 Show cause notice before cancellation\n\nThis section applies if the Regulatory Authority is considering the cancellation of a provider approval under section 31 .\nThe Regulatory Authority must first give the approved provider a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to cancel the provider approval; and\nthe reasons for the proposed cancellation; and\nthat the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.\n(sec.32-ssec.1) This section applies if the Regulatory Authority is considering the cancellation of a provider approval under section 31 .\n(sec.32-ssec.2) The Regulatory Authority must first give the approved provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to cancel the provider approval; and the reasons for the proposed cancellation; and that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.\n- (a) that the Regulatory Authority intends to cancel the provider approval; and\n- (b) the reasons for the proposed cancellation; and\n- (c) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Decision in relation to cancellation","content":"### sec.33 Decision in relation to cancellation\n\nAfter considering any written response from the approved provider received within the time allowed under section 32 (2) (c) , the Regulatory Authority—\nmay—\ncancel the provider approval; or\nsuspend the provider approval for a period not more than the prescribed period; or\ndecide not to cancel the provider approval; and\nmust give the approved provider written notice of the decision.\nThe decision to cancel the provider approval takes effect at the end of 14 days after the date of the decision or, if another period is specified by the Regulatory Authority, at the end of that period.\nThe notice of a decision to cancel the provider approval must set out the date on which it takes effect.\nThis Law applies to a suspension of a provider approval under this section as if it were a suspension under section 27 .\ns 33 amd 2011 No. 80 (Vic) s 65\n(sec.33-ssec.1) After considering any written response from the approved provider received within the time allowed under section 32 (2) (c) , the Regulatory Authority— may— cancel the provider approval; or suspend the provider approval for a period not more than the prescribed period; or decide not to cancel the provider approval; and must give the approved provider written notice of the decision.\n(sec.33-ssec.2) The decision to cancel the provider approval takes effect at the end of 14 days after the date of the decision or, if another period is specified by the Regulatory Authority, at the end of that period.\n(sec.33-ssec.3) The notice of a decision to cancel the provider approval must set out the date on which it takes effect.\n(sec.33-ssec.4) This Law applies to a suspension of a provider approval under this section as if it were a suspension under section 27 .\n- (a) may— (i) cancel the provider approval; or (ii) suspend the provider approval for a period not more than the prescribed period; or (iii) decide not to cancel the provider approval; and\n- (i) cancel the provider approval; or\n- (ii) suspend the provider approval for a period not more than the prescribed period; or\n- (iii) decide not to cancel the provider approval; and\n- (b) must give the approved provider written notice of the decision.\n- (i) cancel the provider approval; or\n- (ii) suspend the provider approval for a period not more than the prescribed period; or\n- (iii) decide not to cancel the provider approval; and","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Effect of cancellation","content":"### sec.34 Effect of cancellation\n\nSubject to this section, if a provider approval is cancelled under section 33 of this Law as applying in any participating jurisdiction, all service approvals held by the person who was the approved provider are also cancelled.\nA cancellation under subsection (1) applies to both education and care services and any associated children’s services.\nA service approval is not cancelled under subsection (1) if before that cancellation a person is approved under section 41 to manage or control the education and care service.\nA service approval is cancelled if a person referred to in subsection (3) ceases to manage or control the service.\nA provider whose provider approval is to be cancelled under section 33 may apply to the Regulatory Authority under Part 3 for consent to transfer a service approval held by the provider.\nThe application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made.\nIf an application for consent to transfer is made, the service approval is suspended until the Regulatory Authority determines the application.\nThe suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer specify a later date.\nIf the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent.\n(sec.34-ssec.1) Subject to this section, if a provider approval is cancelled under section 33 of this Law as applying in any participating jurisdiction, all service approvals held by the person who was the approved provider are also cancelled.\n(sec.34-ssec.2) A cancellation under subsection (1) applies to both education and care services and any associated children’s services.\n(sec.34-ssec.3) A service approval is not cancelled under subsection (1) if before that cancellation a person is approved under section 41 to manage or control the education and care service.\n(sec.34-ssec.4) A service approval is cancelled if a person referred to in subsection (3) ceases to manage or control the service.\n(sec.34-ssec.5) A provider whose provider approval is to be cancelled under section 33 may apply to the Regulatory Authority under Part 3 for consent to transfer a service approval held by the provider.\n(sec.34-ssec.6) The application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made.\n(sec.34-ssec.7) If an application for consent to transfer is made, the service approval is suspended until the Regulatory Authority determines the application.\n(sec.34-ssec.8) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer specify a later date.\n(sec.34-ssec.9) If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Approved provider to provide information to Regulatory Authority","content":"### sec.35 Approved provider to provide information to Regulatory Authority\n\nThis section applies if a show cause notice has been given to an approved provider under section 26 or 32 .\nThe approved provider, at the request of the Regulatory Authority, must, within 7 days of the request, provide the Regulatory Authority with the contact details of the parents of all children enrolled at each education and care service operated by the approved provider.\nThe Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an education and care service about the suspension or cancellation.\n(sec.35-ssec.1) This section applies if a show cause notice has been given to an approved provider under section 26 or 32 .\n(sec.35-ssec.2) The approved provider, at the request of the Regulatory Authority, must, within 7 days of the request, provide the Regulatory Authority with the contact details of the parents of all children enrolled at each education and care service operated by the approved provider.\n(sec.35-ssec.3) The Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an education and care service about the suspension or cancellation.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Notice to parents of suspension or cancellation","content":"### sec.36 Notice to parents of suspension or cancellation\n\nThis section applies if a provider approval has been suspended or cancelled under section 27 , 28 , 33 or 34 .\nThe Regulatory Authority may require the person who is or was the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at all or any of the education and care services operated by that person.\nA person must comply with a requirement made of that person under subsection (2) .\nPenalty:\n$10 200, in the case of an individual.\n$51 600, in any other case.\ns 36 amd 2022 No. 43 (Vic) s 53 ; 2025 No. 53 (Vic) s 14\n(sec.36-ssec.1) This section applies if a provider approval has been suspended or cancelled under section 27 , 28 , 33 or 34 .\n(sec.36-ssec.2) The Regulatory Authority may require the person who is or was the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at all or any of the education and care services operated by that person.\n(sec.36-ssec.3) A person must comply with a requirement made of that person under subsection (2) . Penalty: $10 200, in the case of an individual. $51 600, in any other case.","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Voluntary suspension of provider approval","content":"### sec.37 Voluntary suspension of provider approval\n\nAn approved provider may apply to the Regulatory Authority for a suspension of the provider approval for a period of not more than 12 months.\nThe application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nThe approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the education and care services operated by the approved provider of the intention to make the application.\nThe Regulatory Authority must within 30 days after the application is made decide whether or not to grant the application.\nThe Regulatory Authority must give written notice of its decision (including the period of suspension) to the approved provider.\nIf the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider.\nA suspension under this section remains in force for the period of time specified in the notice.\nThe approved provider may apply to the Regulatory Authority to revoke the suspension before the end of the suspension period.\nIf the Regulatory Authority grants the application to revoke the suspension, the suspension ceases on the date determined by agreement with the approved provider.\nIf a provider approval is suspended under this section, each service approval held by the provider is also suspended for the same period unless—\na person is approved under section 41 to manage or control the education and care service to which the approval relates; or\nthe service approval is transferred under Division 3 of Part 3 .\n(sec.37-ssec.1) An approved provider may apply to the Regulatory Authority for a suspension of the provider approval for a period of not more than 12 months.\n(sec.37-ssec.2) The application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.37-ssec.3) The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the education and care services operated by the approved provider of the intention to make the application.\n(sec.37-ssec.4) The Regulatory Authority must within 30 days after the application is made decide whether or not to grant the application.\n(sec.37-ssec.5) The Regulatory Authority must give written notice of its decision (including the period of suspension) to the approved provider.\n(sec.37-ssec.6) If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider.\n(sec.37-ssec.7) A suspension under this section remains in force for the period of time specified in the notice.\n(sec.37-ssec.8) The approved provider may apply to the Regulatory Authority to revoke the suspension before the end of the suspension period.\n(sec.37-ssec.9) If the Regulatory Authority grants the application to revoke the suspension, the suspension ceases on the date determined by agreement with the approved provider.\n(sec.37-ssec.10) If a provider approval is suspended under this section, each service approval held by the provider is also suspended for the same period unless— a person is approved under section 41 to manage or control the education and care service to which the approval relates; or the service approval is transferred under Division 3 of Part 3 .\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.\n- (a) a person is approved under section 41 to manage or control the education and care service to which the approval relates; or\n- (b) the service approval is transferred under Division 3 of Part 3 .","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Surrender of provider approval by approved provider","content":"### sec.38 Surrender of provider approval by approved provider\n\nAn approved provider may surrender the provider approval by written notice to the Regulatory Authority.\nThe notice must specify a date on which the surrender is intended to take effect which must be—\nafter the notice is given; and\nafter the end of the period of notice required under subsection (3) .\nThe approved provider must notify the parents of children enrolled at the education and care services operated by the approved provider of the intention to surrender the provider approval, at least 14 days before the surrender is intended to take effect.\nIf a provider approval is surrendered, the approval is cancelled on the date specified in the notice.\nIf a provider approval is surrendered, any service approval held by the provider is also taken to be surrendered.\nIf a service approval is surrendered, it is cancelled—see section 86 . A cancelled service approval cannot be transferred—see definition of service approval and also Division 3 of Part 3 .\n(sec.38-ssec.1) An approved provider may surrender the provider approval by written notice to the Regulatory Authority.\n(sec.38-ssec.2) The notice must specify a date on which the surrender is intended to take effect which must be— after the notice is given; and after the end of the period of notice required under subsection (3) .\n(sec.38-ssec.3) The approved provider must notify the parents of children enrolled at the education and care services operated by the approved provider of the intention to surrender the provider approval, at least 14 days before the surrender is intended to take effect.\n(sec.38-ssec.4) If a provider approval is surrendered, the approval is cancelled on the date specified in the notice.\n(sec.38-ssec.5) If a provider approval is surrendered, any service approval held by the provider is also taken to be surrendered. If a service approval is surrendered, it is cancelled—see section 86 . A cancelled service approval cannot be transferred—see definition of service approval and also Division 3 of Part 3 .\n- (a) after the notice is given; and\n- (b) after the end of the period of notice required under subsection (3) .","sortOrder":48},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Approval of executor, representative or guardian as approved provider","content":"## Approval of executor, representative or guardian as approved provider","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Death of approved provider","content":"### sec.39 Death of approved provider\n\nThis section applies if an approved provider dies.\nA nominated supervisor or a person in day to-day charge of an education and care service of the approved provider must notify the Regulatory Authority of the approved provider’s death within 7 days after that death.\nThe executor of the estate of the approved provider may continue to operate any approved education and care service of the approved provider for the relevant period provided that at least one nominated supervisor continues to manage the day-to-day operation of the service.\nThe executor of the estate of the approved provider may transfer, surrender or apply for suspension of a service approval of the approved provider under this Law during the relevant period as if the executor were the approved provider.\nThe executor of the estate of the approved provider may apply to the Regulatory Authority for a provider approval.\nThe application must be made within 30 days of the death of the approved provider and must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nIn this section relevant period means—\nthe period of 30 days after the death of the approved provider; or\nif the executor of the estate of the approved provider makes an application under subsection (5) within that period, until the application is finally determined under this Law.\ns 39 amd 2011 No. 80 (Vic) s 66 ; 2017 No. 9 (Vic) s 8\n(sec.39-ssec.1) This section applies if an approved provider dies.\n(sec.39-ssec.2) A nominated supervisor or a person in day to-day charge of an education and care service of the approved provider must notify the Regulatory Authority of the approved provider’s death within 7 days after that death.\n(sec.39-ssec.3) The executor of the estate of the approved provider may continue to operate any approved education and care service of the approved provider for the relevant period provided that at least one nominated supervisor continues to manage the day-to-day operation of the service.\n(sec.39-ssec.4) The executor of the estate of the approved provider may transfer, surrender or apply for suspension of a service approval of the approved provider under this Law during the relevant period as if the executor were the approved provider.\n(sec.39-ssec.5) The executor of the estate of the approved provider may apply to the Regulatory Authority for a provider approval.\n(sec.39-ssec.6) The application must be made within 30 days of the death of the approved provider and must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.39-ssec.7) In this section relevant period means— the period of 30 days after the death of the approved provider; or if the executor of the estate of the approved provider makes an application under subsection (5) within that period, until the application is finally determined under this Law.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.\n- (a) the period of 30 days after the death of the approved provider; or\n- (b) if the executor of the estate of the approved provider makes an application under subsection (5) within that period, until the application is finally determined under this Law.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Incapacity of approved provider","content":"### sec.40 Incapacity of approved provider\n\nThis section applies if an approved provider has become incapacitated.\nThe legal personal representative or guardian of an approved provider may apply to the Regulatory Authority for a provider approval.\nThe application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\n(sec.40-ssec.1) This section applies if an approved provider has become incapacitated.\n(sec.40-ssec.2) The legal personal representative or guardian of an approved provider may apply to the Regulatory Authority for a provider approval.\n(sec.40-ssec.3) The application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Decision on application","content":"### sec.41 Decision on application\n\nThe Regulatory Authority must not grant a provider approval to a person who has made an application under section 39 or 40 unless the Regulatory Authority is satisfied that the person is a fit and proper person to be involved in the provision of an education and care service.\nSections 12 , 13 and 14 apply to the assessment of a person under subsection (1) .\nSubject to this section, the Regulatory Authority may—\ngrant the provider approval; or\ngrant the provider approval subject to conditions; or\nrefuse to grant the provider approval.\nAn approval under this section—\nmay be granted for a period of not more than 6 months; and\nmay be extended or further extended for periods of not more than 6 months—\nat the discretion of the Regulatory Authority.\nThe provider approval is granted only in relation to the operation of the approved education and care services of the approved provider for whom the applicant is the executor, legal personal representative or guardian, as the case requires.\ns 41 amd 2017 No. 9 (Vic) s 9\n(sec.41-ssec.1) The Regulatory Authority must not grant a provider approval to a person who has made an application under section 39 or 40 unless the Regulatory Authority is satisfied that the person is a fit and proper person to be involved in the provision of an education and care service.\n(sec.41-ssec.2) Sections 12 , 13 and 14 apply to the assessment of a person under subsection (1) .\n(sec.41-ssec.3) Subject to this section, the Regulatory Authority may— grant the provider approval; or grant the provider approval subject to conditions; or refuse to grant the provider approval.\n(sec.41-ssec.4) An approval under this section— may be granted for a period of not more than 6 months; and may be extended or further extended for periods of not more than 6 months— at the discretion of the Regulatory Authority.\n(sec.41-ssec.5) The provider approval is granted only in relation to the operation of the approved education and care services of the approved provider for whom the applicant is the executor, legal personal representative or guardian, as the case requires.\n- (a) grant the provider approval; or\n- (b) grant the provider approval subject to conditions; or\n- (c) refuse to grant the provider approval.\n- (a) may be granted for a period of not more than 6 months; and\n- (b) may be extended or further extended for periods of not more than 6 months—","sortOrder":52},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Exercise of powers by another Regulatory Authority","content":"## Exercise of powers by another Regulatory Authority","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Exercise of powers by another Regulatory Authority","content":"### sec.42 Exercise of powers by another Regulatory Authority\n\nThis section applies if the Regulatory Authority has granted a provider approval under this Part.\nA Regulatory Authority of another participating jurisdiction may exercise all of the powers and perform all of the functions of the Regulatory Authority under this Part (except Division 5 ) in respect of the provider approval if the approved provider operates an approved education and care service in that participating jurisdiction.\nA Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a provider approval after consulting with the Regulatory Authority of each participating jurisdiction in which the approved provider operates an approved education and care service.\nA failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.\nA cancellation or suspension of a provider approval in another participating jurisdiction has effect in this jurisdiction.\n(sec.42-ssec.1) This section applies if the Regulatory Authority has granted a provider approval under this Part.\n(sec.42-ssec.2) A Regulatory Authority of another participating jurisdiction may exercise all of the powers and perform all of the functions of the Regulatory Authority under this Part (except Division 5 ) in respect of the provider approval if the approved provider operates an approved education and care service in that participating jurisdiction.\n(sec.42-ssec.3) A Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a provider approval after consulting with the Regulatory Authority of each participating jurisdiction in which the approved provider operates an approved education and care service.\n(sec.42-ssec.4) A failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.\n(sec.42-ssec.5) A cancellation or suspension of a provider approval in another participating jurisdiction has effect in this jurisdiction.","sortOrder":54},{"sectionNumber":"pt.3","sectionType":"part","heading":"Service approval","content":"# Service approval","sortOrder":55},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Application for service approval","content":"## Application for service approval","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Application for service approval","content":"### sec.43 Application for service approval\n\nAn approved provider may apply to the Regulatory Authority for a service approval for an education and care service.\nAn approved provider may only apply for a service approval for an education and care service if the approved provider is or will be the operator of the education and care service and is or will be responsible for the management of the staff members and nominated supervisors of that service.\nA person who has applied for a provider approval may apply to the Regulatory Authority for a service approval, however the Regulatory Authority must not grant the service approval unless the provider approval is granted.\nMandatory approval in principle jurisdictions require an approved provider to hold an approval in principle under Part 4 for the education and care service premises as a precondition of service approval. See section 49A .\ns 43 amd 2017 No. 9 (Vic) s 10 ; 2023 No. 33 (Vic) s 4\n(sec.43-ssec.1) An approved provider may apply to the Regulatory Authority for a service approval for an education and care service.\n(sec.43-ssec.2) An approved provider may only apply for a service approval for an education and care service if the approved provider is or will be the operator of the education and care service and is or will be responsible for the management of the staff members and nominated supervisors of that service.\n(sec.43-ssec.3) A person who has applied for a provider approval may apply to the Regulatory Authority for a service approval, however the Regulatory Authority must not grant the service approval unless the provider approval is granted.","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Form of application","content":"### sec.44 Form of application\n\nAn application for a service approval must—\nbe made to the Regulatory Authority of the participating jurisdiction in which the service is to be located; and\nbe in writing; and\ninclude the prescribed information; and\nnominate one or more individuals to be nominated supervisors of the service; and\ninclude from each nominated individual (other than the approved provider) the written consent to the nomination; and\ninclude payment of the prescribed fee.\nAn application for service approval may include an associated children’s service.\nAn application for a service approval for a family day care service may include a request for approval of a place (other than a residence) as a family day care venue for that service.\nThis approval is granted under section 50A only if exceptional circumstances exist.\ns 44 amd 2017 No. 9 (Vic) s 11\n(sec.44-ssec.1) An application for a service approval must— be made to the Regulatory Authority of the participating jurisdiction in which the service is to be located; and be in writing; and include the prescribed information; and nominate one or more individuals to be nominated supervisors of the service; and include from each nominated individual (other than the approved provider) the written consent to the nomination; and include payment of the prescribed fee.\n(sec.44-ssec.2) An application for service approval may include an associated children’s service.\n(sec.44-ssec.3) An application for a service approval for a family day care service may include a request for approval of a place (other than a residence) as a family day care venue for that service. This approval is granted under section 50A only if exceptional circumstances exist.\n- (a) be made to the Regulatory Authority of the participating jurisdiction in which the service is to be located; and\n- (b) be in writing; and\n- (c) include the prescribed information; and\n- (d) nominate one or more individuals to be nominated supervisors of the service; and\n- (da) include from each nominated individual (other than the approved provider) the written consent to the nomination; and\n- (e) include payment of the prescribed fee.","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Regulatory Authority may seek further information","content":"### sec.45 Regulatory Authority may seek further information\n\nThe Regulatory Authority may ask an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.\nThe Regulatory Authority may ask a related provider of an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.\nIf the Regulatory Authority asks the applicant or a related provider of the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 48 for the Regulatory Authority to make a decision on the application.\ns 45 amd 2025 No. 53 (Vic) s 70\n(sec.45-ssec.1) The Regulatory Authority may ask an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.\n(sec.45-ssec.1A) The Regulatory Authority may ask a related provider of an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.\n(sec.45-ssec.2) If the Regulatory Authority asks the applicant or a related provider of the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 48 for the Regulatory Authority to make a decision on the application.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Investigation of application for service approval","content":"### sec.46 Investigation of application for service approval\n\nFor the purposes of determining an application for a service approval, the Regulatory Authority may—\nundertake inquiries and investigations, including inquiries relating to the previous licensing, accreditation or registration of the education and care service under a former education and care services law, a children’s services law or an education law of any participating jurisdiction; and\ninspect the education and care service premises; and\ninspect the policies and procedures of the service.\nFor the purposes of an inspection under subsection (1) (b) or (c) , the Regulatory Authority may enter the education and care service premises at any reasonable time.\n(sec.46-ssec.1) For the purposes of determining an application for a service approval, the Regulatory Authority may— undertake inquiries and investigations, including inquiries relating to the previous licensing, accreditation or registration of the education and care service under a former education and care services law, a children’s services law or an education law of any participating jurisdiction; and inspect the education and care service premises; and inspect the policies and procedures of the service.\n(sec.46-ssec.2) For the purposes of an inspection under subsection (1) (b) or (c) , the Regulatory Authority may enter the education and care service premises at any reasonable time.\n- (a) undertake inquiries and investigations, including inquiries relating to the previous licensing, accreditation or registration of the education and care service under a former education and care services law, a children’s services law or an education law of any participating jurisdiction; and\n- (b) inspect the education and care service premises; and\n- (c) inspect the policies and procedures of the service.","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Determination of application","content":"### sec.47 Determination of application\n\nSubject to subsection (3) , in determining an application under section 43 , the Regulatory Authority must have regard to—\nthe National Quality Framework; and\nexcept in the case of a family day care residence, the suitability of the education and care service premises and the site and location of those premises for the operation of an education and care service; and\nany approval in principle held by the approved provider for the education and care service premises, and whether the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle; and\nThe approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105 .\nthe adequacy of the policies and procedures of the service; and\nwhether the applicant has a provider approval; and\nexcept in the case of a nominated supervisor who is the approved provider, whether each nominated supervisor has consented in writing to the nomination; and\nany other matter the Regulatory Authority thinks fit; and\nany other prescribed matter.\nIn addition, the Regulatory Authority may have regard to either of the following—\nwhether the applicant is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant;\nthe applicant’s history of compliance with this Law or this Law as applying in any participating jurisdiction, including in relation to any other education and care service it operates.\nIn addition, the Regulatory Authority may have regard to the history of compliance of a related provider of the applicant with this Law or this Law as applying in any participating jurisdiction, including in relation to any education and care service operated by the related provider of the applicant, if the Regulatory Authority is satisfied that there is a systemic risk in relation to the applicant or the related provider of the applicant.\nSubject to subsection (4) , in assessing an associated children’s service for the purposes of determining whether to grant a service approval, the Regulatory Authority must have regard to the criteria under the children’s services law of this jurisdiction for the grant of a children’s services licence.\nThe criteria referred to in subsection (3) do not include criteria relating to whether the applicant is a fit and proper person.\ns 47 amd 2011 No. 80 (Vic) s 67 ; 2017 No. 9 (Vic) s 12 ; 2023 No. 33 (Vic) s 5 ; 2025 No. 53 (Vic) s 71\n(sec.47-ssec.1) Subject to subsection (3) , in determining an application under section 43 , the Regulatory Authority must have regard to— the National Quality Framework; and except in the case of a family day care residence, the suitability of the education and care service premises and the site and location of those premises for the operation of an education and care service; and any approval in principle held by the approved provider for the education and care service premises, and whether the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle; and The approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105 . the adequacy of the policies and procedures of the service; and whether the applicant has a provider approval; and except in the case of a nominated supervisor who is the approved provider, whether each nominated supervisor has consented in writing to the nomination; and any other matter the Regulatory Authority thinks fit; and any other prescribed matter.\n(sec.47-ssec.2) In addition, the Regulatory Authority may have regard to either of the following— whether the applicant is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant; the applicant’s history of compliance with this Law or this Law as applying in any participating jurisdiction, including in relation to any other education and care service it operates.\n(sec.47-ssec.2A) In addition, the Regulatory Authority may have regard to the history of compliance of a related provider of the applicant with this Law or this Law as applying in any participating jurisdiction, including in relation to any education and care service operated by the related provider of the applicant, if the Regulatory Authority is satisfied that there is a systemic risk in relation to the applicant or the related provider of the applicant.\n(sec.47-ssec.3) Subject to subsection (4) , in assessing an associated children’s service for the purposes of determining whether to grant a service approval, the Regulatory Authority must have regard to the criteria under the children’s services law of this jurisdiction for the grant of a children’s services licence.\n(sec.47-ssec.4) The criteria referred to in subsection (3) do not include criteria relating to whether the applicant is a fit and proper person.\n- (a) the National Quality Framework; and\n- (b) except in the case of a family day care residence, the suitability of the education and care service premises and the site and location of those premises for the operation of an education and care service; and\n- (ba) any approval in principle held by the approved provider for the education and care service premises, and whether the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle; and Note— The approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105 .\n- (c) the adequacy of the policies and procedures of the service; and\n- (d) whether the applicant has a provider approval; and\n- (e) except in the case of a nominated supervisor who is the approved provider, whether each nominated supervisor has consented in writing to the nomination; and\n- (f) any other matter the Regulatory Authority thinks fit; and\n- (g) any other prescribed matter.\n- (a) whether the applicant is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant;\n- (b) the applicant’s history of compliance with this Law or this Law as applying in any participating jurisdiction, including in relation to any other education and care service it operates.","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Grant or refusal of service approval","content":"### sec.48 Grant or refusal of service approval\n\nOn an application under section 43 , the Regulatory Authority may—\ngrant the service approval; or\nrefuse to grant the service approval.\nA service approval is granted subject to conditions in accordance with section 51 .\nSubject to subsection (3) , the Regulatory Authority must make a decision on the application within 90 days after the Regulatory Authority received the application.\nIf further information is requested under section 45 (2) , the period between the making of the request and the provision of the information is not included in the 90 day period.\nThe period referred to in subsection (2) may be extended with the agreement of the applicant.\nThe Regulatory Authority may grant a service approval solely for an education and care service if—\nthe application includes an application for an associated children’s service; and\nthat associated children’s service does not comply with the criteria referred to in section 47 (3) .\nThe Regulatory Authority is taken to have refused to grant a service approval if the Regulatory Authority has not made a decision under subsection (1) —\nwithin the relevant time required under subsection (2) ; or\nwithin the period extended under subsection (3) —\nas the case requires.\nA service approval cannot be granted solely for an associated children’s service.\ns 48 amd 2011 No. 80 (Vic) s 68\n(sec.48-ssec.1) On an application under section 43 , the Regulatory Authority may— grant the service approval; or refuse to grant the service approval. A service approval is granted subject to conditions in accordance with section 51 .\n(sec.48-ssec.2) Subject to subsection (3) , the Regulatory Authority must make a decision on the application within 90 days after the Regulatory Authority received the application. If further information is requested under section 45 (2) , the period between the making of the request and the provision of the information is not included in the 90 day period.\n(sec.48-ssec.3) The period referred to in subsection (2) may be extended with the agreement of the applicant.\n(sec.48-ssec.4) The Regulatory Authority may grant a service approval solely for an education and care service if— the application includes an application for an associated children’s service; and that associated children’s service does not comply with the criteria referred to in section 47 (3) .\n(sec.48-ssec.5) The Regulatory Authority is taken to have refused to grant a service approval if the Regulatory Authority has not made a decision under subsection (1) — within the relevant time required under subsection (2) ; or within the period extended under subsection (3) — as the case requires.\n(sec.48-ssec.6) A service approval cannot be granted solely for an associated children’s service.\n- (a) grant the service approval; or\n- (b) refuse to grant the service approval.\n- (a) the application includes an application for an associated children’s service; and\n- (b) that associated children’s service does not comply with the criteria referred to in section 47 (3) .\n- (a) within the relevant time required under subsection (2) ; or\n- (b) within the period extended under subsection (3) —","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Grounds for refusal","content":"### sec.49 Grounds for refusal\n\nThe Regulatory Authority must refuse to grant a service approval if—\nthe Regulatory Authority is satisfied that the service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the education and care service; or\nthe applicant does not have a provider approval.\nThe Regulatory Authority may refuse to grant a service approval on a ground set out in section 47 (2A) .\nThe Regulatory Authority may refuse to grant a service approval on any other grounds prescribed in the national regulations.\nThe Regulatory Authority must not refuse to grant a service approval on the ground that the education and care service premises do not meet the approval in principle criteria if—\nthe approved provider is an approval in principle holder for the premises; and\nthe premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\nThe approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105 .\nSubsection (3) does not prevent the Regulatory Authority from refusing to grant a service approval on any other ground, including a ground set out in subsection (1) (a) or section 47 (1) (b) .\ns 49 amd 2023 No. 33 (Vic) s 6 ; 2025 No. 53 (Vic) s 72\n(sec.49-ssec.1) The Regulatory Authority must refuse to grant a service approval if— the Regulatory Authority is satisfied that the service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the education and care service; or the applicant does not have a provider approval.\n(sec.49-ssec.1A) The Regulatory Authority may refuse to grant a service approval on a ground set out in section 47 (2A) .\n(sec.49-ssec.2) The Regulatory Authority may refuse to grant a service approval on any other grounds prescribed in the national regulations.\n(sec.49-ssec.3) The Regulatory Authority must not refuse to grant a service approval on the ground that the education and care service premises do not meet the approval in principle criteria if— the approved provider is an approval in principle holder for the premises; and the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle. The approval in principle process in Part 4 only applies to certain premises in certain participating jurisdictions. See section 105 .\n(sec.49-ssec.4) Subsection (3) does not prevent the Regulatory Authority from refusing to grant a service approval on any other ground, including a ground set out in subsection (1) (a) or section 47 (1) (b) .\n- (a) the Regulatory Authority is satisfied that the service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the education and care service; or\n- (b) the applicant does not have a provider approval.\n- (a) the approved provider is an approval in principle holder for the premises; and\n- (b) the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.","sortOrder":63},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Additional ground for refusal in certain participating jurisdictions-mandatory approval in principle","content":"### sec.49A Additional ground for refusal in certain participating jurisdictions-mandatory approval in principle\n\nThis section applies to, and in relation to, a Part 4 jurisdiction if a law of the Part 4 jurisdiction, or an instrument made under that law, specifically declares that section 49A of this Law applies.\nWithout limiting section 49 (1) , the Regulatory Authority must refuse to grant a service approval if—\nthe education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and\nunder a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is or was required for the construction, alteration or repair of the premises or the development of the land; and\neither—\nthe approved provider is not the approval in principle holder for the premises; or\nthe premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\nDespite subsection (2) , the Regulatory Authority may grant a service approval for an education and care service—\nif satisfied that—\nthe service approval is required for the emergency relocation of an education and care service; and\nthe education and care service premises is the most suitable available premises for the education and care service; or\nin any other prescribed circumstances.\nSubsection (2) does not apply if—\na service approval was previously granted for an education and care service at the premises; and\nsince the cancellation or surrender of that service approval, there has been no further construction, alteration or repair of the premises requiring a permit or approval under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction.\ns 49A ins 2023 No. 33 (Vic) s 7\n(sec.49A-ssec.1) This section applies to, and in relation to, a Part 4 jurisdiction if a law of the Part 4 jurisdiction, or an instrument made under that law, specifically declares that section 49A of this Law applies.\n(sec.49A-ssec.2) Without limiting section 49 (1) , the Regulatory Authority must refuse to grant a service approval if— the education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is or was required for the construction, alteration or repair of the premises or the development of the land; and either— the approved provider is not the approval in principle holder for the premises; or the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\n(sec.49A-ssec.3) Despite subsection (2) , the Regulatory Authority may grant a service approval for an education and care service— if satisfied that— the service approval is required for the emergency relocation of an education and care service; and the education and care service premises is the most suitable available premises for the education and care service; or in any other prescribed circumstances.\n(sec.49A-ssec.4) Subsection (2) does not apply if— a service approval was previously granted for an education and care service at the premises; and since the cancellation or surrender of that service approval, there has been no further construction, alteration or repair of the premises requiring a permit or approval under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction.\n- (a) the education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and\n- (b) under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is or was required for the construction, alteration or repair of the premises or the development of the land; and\n- (c) either— (i) the approved provider is not the approval in principle holder for the premises; or (ii) the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\n- (i) the approved provider is not the approval in principle holder for the premises; or\n- (ii) the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\n- (i) the approved provider is not the approval in principle holder for the premises; or\n- (ii) the premises are not constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\n- (a) if satisfied that— (i) the service approval is required for the emergency relocation of an education and care service; and (ii) the education and care service premises is the most suitable available premises for the education and care service; or\n- (i) the service approval is required for the emergency relocation of an education and care service; and\n- (ii) the education and care service premises is the most suitable available premises for the education and care service; or\n- (b) in any other prescribed circumstances.\n- (i) the service approval is required for the emergency relocation of an education and care service; and\n- (ii) the education and care service premises is the most suitable available premises for the education and care service; or\n- (a) a service approval was previously granted for an education and care service at the premises; and\n- (b) since the cancellation or surrender of that service approval, there has been no further construction, alteration or repair of the premises requiring a permit or approval under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction.","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Notice of decision on application","content":"### sec.50 Notice of decision on application\n\nThe Regulatory Authority must give written notice to the applicant of a decision under section 48 and the reasons for the decision within 7 days after the decision is made.","sortOrder":65},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Approval of a place as a family day care venue","content":"### sec.50A Approval of a place as a family day care venue\n\nThe Regulatory Authority may, at the time of granting the service approval for a family day care service, approve a place (other than a residence) as a family day care venue for that service if the Regulatory Authority considers exceptional circumstances exist.\ns 50A ins 2017 No. 9 (Vic) s 13","sortOrder":66},{"sectionNumber":"sec.51","sectionType":"section","heading":"Conditions on service approval","content":"### sec.51 Conditions on service approval\n\nA service approval is granted subject to the condition that the education and care service is operated in a way that—\nensures the safety, health and wellbeing of the children being educated and cared for by the service; and\nmeets the educational and developmental needs of the children being educated and cared for by the service.\nA service approval for a family day care service is granted subject to a condition that the approved provider must ensure that each family day care educator engaged by or registered with the service is adequately monitored and supported by a family day care co-ordinator.\nA service approval for a family day care service is granted subject to a condition that each family day care residence, and any approved family day care venue of the service, are to be located within this jurisdiction.\nA service approval is granted subject to a condition that the approved provider must commence ongoing operation of the service within 6 months after the approval is granted unless the Regulatory Authority agrees to an extension of time.\nA service approval is granted subject to a condition that the approved provider must hold the prescribed insurance in respect of the education and care service.\nA service approval for an education and care service other than a family day care service is granted subject to a condition that the approved provider must ensure that the number of children educated and cared for by the service at any one time does not exceed the maximum number of children specified in the service approval.\nAn approved provider is not required to comply with subsection (4A) if—\nthe maximum number of children is exceeded because a child is, or 2 or more children from the same family are, being educated and cared for by the education and care service in an emergency; and\nthe approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of any other child who is attending the education and care service.\nAn emergency under this subsection would include circumstances where a child is in need of protection under a child protection order or where the parent of a child needs urgent health care that prevents that parent caring for the child.\nA service approval is granted subject to any other conditions prescribed in the national regulations or imposed by—\nthis Law; or\nthe Regulatory Authority.\nA condition of a service approval does not apply to an associated children’s service unless the condition is expressed to apply to that associated children’s service.\nA condition of a service approval may be expressed to apply solely to an associated children’s service only if the Regulatory Authority has first consulted with the children’s services regulator.\nAn approved provider must comply with the conditions of a service approval held by the approved provider.\nPenalty:\n$34 200, in the case of an individual.\n$172 200, in any other case.\ns 51 amd 2017 No. 9 (Vic) s 14 ; 2022 No. 13 (Vic) s 9 ; 2022 No. 43 (Vic) s 54 ; 2025 No. 53 (Vic) s 15\n(sec.51-ssec.1) A service approval is granted subject to the condition that the education and care service is operated in a way that— ensures the safety, health and wellbeing of the children being educated and cared for by the service; and meets the educational and developmental needs of the children being educated and cared for by the service.\n(sec.51-ssec.2) A service approval for a family day care service is granted subject to a condition that the approved provider must ensure that each family day care educator engaged by or registered with the service is adequately monitored and supported by a family day care co-ordinator.\n(sec.51-ssec.2A) A service approval for a family day care service is granted subject to a condition that each family day care residence, and any approved family day care venue of the service, are to be located within this jurisdiction.\n(sec.51-ssec.3) A service approval is granted subject to a condition that the approved provider must commence ongoing operation of the service within 6 months after the approval is granted unless the Regulatory Authority agrees to an extension of time.\n(sec.51-ssec.4) A service approval is granted subject to a condition that the approved provider must hold the prescribed insurance in respect of the education and care service.\n(sec.51-ssec.4A) A service approval for an education and care service other than a family day care service is granted subject to a condition that the approved provider must ensure that the number of children educated and cared for by the service at any one time does not exceed the maximum number of children specified in the service approval.\n(sec.51-ssec.4B) An approved provider is not required to comply with subsection (4A) if— the maximum number of children is exceeded because a child is, or 2 or more children from the same family are, being educated and cared for by the education and care service in an emergency; and the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of any other child who is attending the education and care service. An emergency under this subsection would include circumstances where a child is in need of protection under a child protection order or where the parent of a child needs urgent health care that prevents that parent caring for the child.\n(sec.51-ssec.5) A service approval is granted subject to any other conditions prescribed in the national regulations or imposed by— this Law; or the Regulatory Authority.\n(sec.51-ssec.6) A condition of a service approval does not apply to an associated children’s service unless the condition is expressed to apply to that associated children’s service.\n(sec.51-ssec.7) A condition of a service approval may be expressed to apply solely to an associated children’s service only if the Regulatory Authority has first consulted with the children’s services regulator.\n(sec.51-ssec.8) An approved provider must comply with the conditions of a service approval held by the approved provider. Penalty: $34 200, in the case of an individual. $172 200, in any other case.\n- (a) ensures the safety, health and wellbeing of the children being educated and cared for by the service; and\n- (b) meets the educational and developmental needs of the children being educated and cared for by the service.\n- (a) the maximum number of children is exceeded because a child is, or 2 or more children from the same family are, being educated and cared for by the education and care service in an emergency; and\n- (b) the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of any other child who is attending the education and care service.\n- (a) this Law; or\n- (b) the Regulatory Authority.","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Copy of service approval to be provided","content":"### sec.52 Copy of service approval to be provided\n\nIf the Regulatory Authority grants a service approval under this Part, the Regulatory Authority must provide a copy of the service approval to the approved provider stating—\nthe name of the education and care service; and\nthe location of the education and care service or, if the education and care service is a family day care service, the location of the principal office of the service and any approved family day care venue for the service; and\nany conditions to which the service approval is subject; and\nthe date the service approval was granted; and\nthe service approval number; and\nthe name of the approved provider; and\nfor a service other than a family day care service, the maximum number of children who can be educated and cared for by the service at any one time; and\nthe details of any service waiver under Division 5 or temporary waiver under Division 6 applying to the service; and\nany other prescribed matters.\ns 52 amd 2017 No. 9 (Vic) s 15\n- (a) the name of the education and care service; and\n- (b) the location of the education and care service or, if the education and care service is a family day care service, the location of the principal office of the service and any approved family day care venue for the service; and\n- (c) any conditions to which the service approval is subject; and\n- (d) the date the service approval was granted; and\n- (e) the service approval number; and\n- (f) the name of the approved provider; and\n- (g) for a service other than a family day care service, the maximum number of children who can be educated and cared for by the service at any one time; and\n- (h) the details of any service waiver under Division 5 or temporary waiver under Division 6 applying to the service; and\n- (i) any other prescribed matters.","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Annual fee","content":"### sec.53 Annual fee\n\nAn approved provider must, in accordance with the national regulations, pay the prescribed annual fee in respect of each service approval held by the approved provider.","sortOrder":69},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Amendment of service approval","content":"## Amendment of service approval","sortOrder":70},{"sectionNumber":"sec.54","sectionType":"section","heading":"Amendment of service approval on application","content":"### sec.54 Amendment of service approval on application\n\nAn approved provider may apply to the Regulatory Authority for an amendment of a service approval.\nAn application under subsection (1) may include a request for the approval of a place (other than a residence) as a family day care venue for a family day care service.\nAn application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nThe Regulatory Authority may ask the approved provider to provide any further information that is reasonably required for the purpose of assessing the application.\nIf the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in subsection (5) .\nThe Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\nThe Regulatory Authority must decide the application by—\namending the service approval in the way applied for; or\nwith the applicant’s written agreement, amending the service approval in another way; or\nrefusing to amend the service approval.\nWithout limiting subsection (6) , an amendment may vary a condition of the service approval or impose a new condition on the service approval.\nSubject to subsection (8A) , an amendment cannot change a location of an education and care service.\nThe Regulatory Authority may approve a place (other than a residence) as a family day care venue for a family day care service if the Regulatory Authority considers exceptional circumstances exist.\nThe Regulatory Authority must give written notice of its decision to the approved provider.\ns 54 amd 2017 No. 9 (Vic) s 16\n(sec.54-ssec.1) An approved provider may apply to the Regulatory Authority for an amendment of a service approval.\n(sec.54-ssec.1A) An application under subsection (1) may include a request for the approval of a place (other than a residence) as a family day care venue for a family day care service.\n(sec.54-ssec.2) An application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.54-ssec.3) The Regulatory Authority may ask the approved provider to provide any further information that is reasonably required for the purpose of assessing the application.\n(sec.54-ssec.4) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in subsection (5) .\n(sec.54-ssec.5) The Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\n(sec.54-ssec.6) The Regulatory Authority must decide the application by— amending the service approval in the way applied for; or with the applicant’s written agreement, amending the service approval in another way; or refusing to amend the service approval.\n(sec.54-ssec.7) Without limiting subsection (6) , an amendment may vary a condition of the service approval or impose a new condition on the service approval.\n(sec.54-ssec.8) Subject to subsection (8A) , an amendment cannot change a location of an education and care service.\n(sec.54-ssec.8A) The Regulatory Authority may approve a place (other than a residence) as a family day care venue for a family day care service if the Regulatory Authority considers exceptional circumstances exist.\n(sec.54-ssec.9) The Regulatory Authority must give written notice of its decision to the approved provider.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.\n- (a) amending the service approval in the way applied for; or\n- (b) with the applicant’s written agreement, amending the service approval in another way; or\n- (c) refusing to amend the service approval.","sortOrder":71},{"sectionNumber":"sec.55","sectionType":"section","heading":"Amendment of service approval by Regulatory Authority","content":"### sec.55 Amendment of service approval by Regulatory Authority\n\nThe Regulatory Authority may amend a service approval at any time without an application from the approved provider.\nWithout limiting subsection (1) , an amendment may vary a condition of the service approval or impose a new condition on the service approval.\nWithout limiting subsections (1) and (2) , the Regulatory Authority may amend an approved provider’s service approval, vary a condition on an approved provider’s service approval or impose a new condition on an approved provider’s service approval if the Regulatory Authority is satisfied that—\nthere is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\nthe amendment of the service approval, the variation of the condition on the service approval or the imposition of the new condition on the service approval is reasonably necessary to address the systemic risk.\nThe Regulatory Authority must give written notice of the amendment to the approved provider.\nAn amendment under this section has effect—\n14 days after the Regulatory Authority gives notice of the amendment under subsection (3) ; or\nif another period is specified by the Regulatory Authority, at the end of that period.\nThe Regulatory Authority must amend a service approval to the extent that it relates to an associated children’s service in accordance with any direction by the children’s services regulator if that direction is given in accordance with the children’s services law of this jurisdiction.\ns 55 amd 2025 No. 53 (Vic) s 73\n(sec.55-ssec.1) The Regulatory Authority may amend a service approval at any time without an application from the approved provider.\n(sec.55-ssec.2) Without limiting subsection (1) , an amendment may vary a condition of the service approval or impose a new condition on the service approval.\n(sec.55-ssec.2A) Without limiting subsections (1) and (2) , the Regulatory Authority may amend an approved provider’s service approval, vary a condition on an approved provider’s service approval or impose a new condition on an approved provider’s service approval if the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and the amendment of the service approval, the variation of the condition on the service approval or the imposition of the new condition on the service approval is reasonably necessary to address the systemic risk.\n(sec.55-ssec.3) The Regulatory Authority must give written notice of the amendment to the approved provider.\n(sec.55-ssec.4) An amendment under this section has effect— 14 days after the Regulatory Authority gives notice of the amendment under subsection (3) ; or if another period is specified by the Regulatory Authority, at the end of that period.\n(sec.55-ssec.5) The Regulatory Authority must amend a service approval to the extent that it relates to an associated children’s service in accordance with any direction by the children’s services regulator if that direction is given in accordance with the children’s services law of this jurisdiction.\n- (a) there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\n- (b) the amendment of the service approval, the variation of the condition on the service approval or the imposition of the new condition on the service approval is reasonably necessary to address the systemic risk.\n- (a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3) ; or\n- (b) if another period is specified by the Regulatory Authority, at the end of that period.","sortOrder":72},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Condition relating to family day care co-ordinators","content":"### sec.55A Condition relating to family day care co-ordinators\n\nWithout limiting section 55 , an amendment under that section may impose a condition on the service approval for a family day care service requiring the approved provider to ensure that there is a minimum of one qualified person employed or engaged as a family day care co-ordinator for every 15 family day care educators (or part of that number) engaged by or registered with that service.\nIf between 1 and 15 family day care educators are engaged by or registered with the family day care service, at least one qualified person must be employed or engaged by the approved provider as a family day care co-ordinator.\nIf between 16 and 30 family day care educators are engaged by or registered with the family day care service, at least 2 qualified persons must be employed or engaged by the approved provider as a family day care co-ordinator.\nA condition may only be imposed under subsection (1) if—\nthe family day care service has been operating for more than 12 months; and\nthe Regulatory Authority—\nhas taken into account the approved provider’s capability and compliance with this Law in respect of the family day care service; and\nconsiders that family day care educators are not adequately monitored and supported by a family day care co-ordinator.\nSection 163 does not apply if a condition is imposed under subsection (1) in respect of a family day care service.\nA person is a qualified person under this section if the person has the qualifications prescribed by the national regulations.\ns 55A ins 2017 No. 9 (Vic) s 17\namd 2022 No. 43 (Vic) s 21\n(sec.55A-ssec.1) Without limiting section 55 , an amendment under that section may impose a condition on the service approval for a family day care service requiring the approved provider to ensure that there is a minimum of one qualified person employed or engaged as a family day care co-ordinator for every 15 family day care educators (or part of that number) engaged by or registered with that service. If between 1 and 15 family day care educators are engaged by or registered with the family day care service, at least one qualified person must be employed or engaged by the approved provider as a family day care co-ordinator. If between 16 and 30 family day care educators are engaged by or registered with the family day care service, at least 2 qualified persons must be employed or engaged by the approved provider as a family day care co-ordinator.\n(sec.55A-ssec.2) A condition may only be imposed under subsection (1) if— the family day care service has been operating for more than 12 months; and the Regulatory Authority— has taken into account the approved provider’s capability and compliance with this Law in respect of the family day care service; and considers that family day care educators are not adequately monitored and supported by a family day care co-ordinator.\n(sec.55A-ssec.3) Section 163 does not apply if a condition is imposed under subsection (1) in respect of a family day care service.\n(sec.55A-ssec.4) A person is a qualified person under this section if the person has the qualifications prescribed by the national regulations.\n- (a) the family day care service has been operating for more than 12 months; and\n- (b) the Regulatory Authority— (i) has taken into account the approved provider’s capability and compliance with this Law in respect of the family day care service; and (ii) considers that family day care educators are not adequately monitored and supported by a family day care co-ordinator.\n- (i) has taken into account the approved provider’s capability and compliance with this Law in respect of the family day care service; and\n- (ii) considers that family day care educators are not adequately monitored and supported by a family day care co-ordinator.\n- (i) has taken into account the approved provider’s capability and compliance with this Law in respect of the family day care service; and\n- (ii) considers that family day care educators are not adequately monitored and supported by a family day care co-ordinator.","sortOrder":73},{"sectionNumber":"sec.56","sectionType":"section","heading":"Notice of addition of nominated supervisor","content":"### sec.56 Notice of addition of nominated supervisor\n\nThe approved provider of an education and care service must give written notice to the Regulatory Authority in accordance with this section if the approved provider wishes to add a new nominated supervisor of the education and care service.\nThe notice must—\nnominate one or more individuals to be nominated supervisors of the service and, unless the individual nominated is the approved provider, include from each nominated individual the written consent to the nomination; and\ninclude the prescribed information; and\nbe given—\nat least 7 days before the individual is to commence work as a nominated supervisor; or\nif that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the individual commences work as a nominated supervisor.\nSection 173 (2) (b) requires an approved provider to notify the Regulatory Authority of the removal of a nominated supervisor.\ns 56 sub 2017 No. 9 (Vic) s 18\n(sec.56-ssec.1) The approved provider of an education and care service must give written notice to the Regulatory Authority in accordance with this section if the approved provider wishes to add a new nominated supervisor of the education and care service.\n(sec.56-ssec.2) The notice must— nominate one or more individuals to be nominated supervisors of the service and, unless the individual nominated is the approved provider, include from each nominated individual the written consent to the nomination; and include the prescribed information; and be given— at least 7 days before the individual is to commence work as a nominated supervisor; or if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the individual commences work as a nominated supervisor.\n- (a) nominate one or more individuals to be nominated supervisors of the service and, unless the individual nominated is the approved provider, include from each nominated individual the written consent to the nomination; and\n- (b) include the prescribed information; and\n- (c) be given— (i) at least 7 days before the individual is to commence work as a nominated supervisor; or (ii) if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the individual commences work as a nominated supervisor.\n- (i) at least 7 days before the individual is to commence work as a nominated supervisor; or\n- (ii) if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the individual commences work as a nominated supervisor.\n- (i) at least 7 days before the individual is to commence work as a nominated supervisor; or\n- (ii) if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the individual commences work as a nominated supervisor.","sortOrder":74},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Notice of change of a nominated supervisor’s name or contact details","content":"### sec.56A Notice of change of a nominated supervisor’s name or contact details\n\nThe approved provider of an education and care service must give written notice to the Regulatory Authority of any change to the name or contact details of any nominated supervisor of the education and care service.\ns 56A ins 2017 No. 9 (Vic) s 19","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Copy of amended service approval to be provided","content":"### sec.57 Copy of amended service approval to be provided\n\nIf the Regulatory Authority amends a service approval under this Division, the Authority must provide an amended copy of the service approval to the approved provider.","sortOrder":76},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Transfer of service approval","content":"## Transfer of service approval","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Service approval may be transferred","content":"### sec.58 Service approval may be transferred\n\nSubject to this Division, an approved provider who holds a service approval ( transferring approved provider ) may transfer the service approval to another approved provider ( receiving approved provider ).\nIf a service approval is transferred to a receiving approved provider the transfer includes the transfer of the service approval for any associated children’s service.\nA person who holds a provider approval may transfer a service approval held by the provider even if the provider approval or service approval is suspended.\n(sec.58-ssec.1) Subject to this Division, an approved provider who holds a service approval ( transferring approved provider ) may transfer the service approval to another approved provider ( receiving approved provider ).\n(sec.58-ssec.2) If a service approval is transferred to a receiving approved provider the transfer includes the transfer of the service approval for any associated children’s service.\n(sec.58-ssec.3) A person who holds a provider approval may transfer a service approval held by the provider even if the provider approval or service approval is suspended.","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"Regulatory Authority to be notified of transfer","content":"### sec.59 Regulatory Authority to be notified of transfer\n\nThe transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority of the transfer—\nat least 60 days before the transfer is intended to take effect; or\nif the Regulatory Authority considers that the circumstances are exceptional, a lesser period agreed to by the Regulatory Authority.\nThe notice must—\nbe in writing; and\nspecify the date on which the transfer is intended to take effect; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\ns 59 amd 2022 No. 43 (Vic) s 22\n(sec.59-ssec.1) The transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority of the transfer— at least 60 days before the transfer is intended to take effect; or if the Regulatory Authority considers that the circumstances are exceptional, a lesser period agreed to by the Regulatory Authority.\n(sec.59-ssec.2) The notice must— be in writing; and specify the date on which the transfer is intended to take effect; and include the prescribed information; and include payment of the prescribed fee.\n- (a) at least 60 days before the transfer is intended to take effect; or\n- (b) if the Regulatory Authority considers that the circumstances are exceptional, a lesser period agreed to by the Regulatory Authority.\n- (a) be in writing; and\n- (ab) specify the date on which the transfer is intended to take effect; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.","sortOrder":79},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Further notification required in case of delay to transfer date","content":"### sec.59A Further notification required in case of delay to transfer date\n\nIf, after giving a notification under section 59 , the transfer is to be delayed, the transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority as soon as practicable of the new date that the transfer is intended to take effect.\nA notification under subsection (1) does not affect consent to the transfer given or taken to have been given by the Regulatory Authority before it received that notification.\ns 59A ins 2022 No. 43 (Vic) s 23\n(sec.59A-ssec.1) If, after giving a notification under section 59 , the transfer is to be delayed, the transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority as soon as practicable of the new date that the transfer is intended to take effect.\n(sec.59A-ssec.2) A notification under subsection (1) does not affect consent to the transfer given or taken to have been given by the Regulatory Authority before it received that notification.","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":"Consent of Regulatory Authority required for transfer","content":"### sec.60 Consent of Regulatory Authority required for transfer\n\nA service approval cannot be transferred without the consent of the Regulatory Authority.","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Consent taken to be given unless Regulatory Authority intervenes","content":"### sec.61 Consent taken to be given unless Regulatory Authority intervenes\n\nThe Regulatory Authority is taken to have consented to the transfer of a service approval if—\nthe parties have given a notification under section 59 ; and\n28 days before the transfer is intended to take effect, the Regulatory Authority has not notified the parties that it intends to intervene under section 62 .\n- (a) the parties have given a notification under section 59 ; and\n- (b) 28 days before the transfer is intended to take effect, the Regulatory Authority has not notified the parties that it intends to intervene under section 62 .","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"Transfer may be subject to intervention by Regulatory Authority","content":"### sec.62 Transfer may be subject to intervention by Regulatory Authority\n\nThe Regulatory Authority may intervene in a transfer of a service approval if the Regulatory Authority is concerned as to any of the following matters—\nwhether the receiving approved provider is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant;\nthe receiving approved provider’s history of compliance with this Law as applying in a participating jurisdiction, including in relation to any other education and care service it operates or has operated;\nany other matter relevant to the transfer of the service approval.\nThe Regulatory Authority must notify the transferring approved provider and the receiving approved provider of the decision to intervene.\nSubject to subsection (5) , the notice must be given at least 28 days before the date on which the transfer is intended to take effect.\nA notification under subsection (2) must—\nbe in writing; and\ninclude the prescribed information.\nThe period within which notice must be given under subsection (3) does not apply where the Regulatory Authority has not been notified of the intended transfer of a service approval in accordance with section 59 .\ns 62 amd 2017 No. 9 (Vic) s 20 ; 2022 No. 13 (Vic) s 10\n(sec.62-ssec.1) The Regulatory Authority may intervene in a transfer of a service approval if the Regulatory Authority is concerned as to any of the following matters— whether the receiving approved provider is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant; the receiving approved provider’s history of compliance with this Law as applying in a participating jurisdiction, including in relation to any other education and care service it operates or has operated; any other matter relevant to the transfer of the service approval.\n(sec.62-ssec.2) The Regulatory Authority must notify the transferring approved provider and the receiving approved provider of the decision to intervene.\n(sec.62-ssec.3) Subject to subsection (5) , the notice must be given at least 28 days before the date on which the transfer is intended to take effect.\n(sec.62-ssec.4) A notification under subsection (2) must— be in writing; and include the prescribed information.\n(sec.62-ssec.5) The period within which notice must be given under subsection (3) does not apply where the Regulatory Authority has not been notified of the intended transfer of a service approval in accordance with section 59 .\n- (a) whether the receiving approved provider is capable of operating the education and care service having regard to its financial capacity and management capability and any other matter the Regulatory Authority considers relevant;\n- (b) the receiving approved provider’s history of compliance with this Law as applying in a participating jurisdiction, including in relation to any other education and care service it operates or has operated;\n- (c) any other matter relevant to the transfer of the service approval.\n- (a) be in writing; and\n- (b) include the prescribed information.","sortOrder":83},{"sectionNumber":"sec.63","sectionType":"section","heading":"Effect of intervention","content":"### sec.63 Effect of intervention\n\nIf the Regulatory Authority intervenes under section 62 , the transfer must not proceed unless and until the Regulatory Authority gives written consent to the transfer.","sortOrder":84},{"sectionNumber":"sec.64","sectionType":"section","heading":"Regulatory Authority may request further information","content":"### sec.64 Regulatory Authority may request further information\n\nIf the Regulatory Authority has intervened under section 62 , the Regulatory Authority may—\nrequest further information from the transferring approved provider or receiving approved provider for the purposes of deciding whether to consent to the transfer; and\nundertake inquiries in relation to the receiving approved provider for that purpose.\n- (a) request further information from the transferring approved provider or receiving approved provider for the purposes of deciding whether to consent to the transfer; and\n- (b) undertake inquiries in relation to the receiving approved provider for that purpose.","sortOrder":85},{"sectionNumber":"sec.65","sectionType":"section","heading":"Decision after intervention","content":"### sec.65 Decision after intervention\n\nIf the Regulatory Authority has intervened under section 62 , it may decide—\nto consent to the proposed transfer; or\nto refuse to consent to the proposed transfer.\nIf the Regulatory Authority consents to the proposed transfer the Regulatory Authority may impose conditions on the consent, including specifying the date on which the proposed transfer is to take effect.\nThe service approval must be transferred in accordance with the conditions imposed on the consent.\n(sec.65-ssec.1) If the Regulatory Authority has intervened under section 62 , it may decide— to consent to the proposed transfer; or to refuse to consent to the proposed transfer.\n(sec.65-ssec.2) If the Regulatory Authority consents to the proposed transfer the Regulatory Authority may impose conditions on the consent, including specifying the date on which the proposed transfer is to take effect.\n(sec.65-ssec.3) The service approval must be transferred in accordance with the conditions imposed on the consent.\n- (a) to consent to the proposed transfer; or\n- (b) to refuse to consent to the proposed transfer.","sortOrder":86},{"sectionNumber":"sec.66","sectionType":"section","heading":"Regulatory Authority to notify outcome 10 days before transfer","content":"### sec.66 Regulatory Authority to notify outcome 10 days before transfer\n\nIf the Regulatory Authority has intervened in the transfer of a service approval, the Authority must, at least 10 days before the date on which the transfer is intended to take effect, give a notice to each party specifying that the Authority—\nconsents to the transfer; or\nrefuses to consent to the transfer; or\nhas suspended further consideration of the transfer until further information is received and that the transfer may not proceed until a further notice is given under this section consenting to the transfer; or\nhas not yet made a decision on the transfer and that the Regulatory Authority will make a decision on the transfer within 28 days and that the transfer may not proceed until a further notice is given under this section consenting to the transfer.\nIf the Regulatory Authority consents to the transfer, the notice—\nmust specify—\nthe date on which the transfer is to take effect; and\nany conditions on the consent to the transfer; and\nmay include notice of any condition that the Regulatory Authority has imposed on the provider approval or a service approval of the receiving approved provider because of the transfer.\nIf the Regulatory Authority refuses to consent to the transfer, the notice must include the reasons for the refusal.\ns 66 amd 2022 No. 43 (Vic) s 24\n(sec.66-ssec.1) If the Regulatory Authority has intervened in the transfer of a service approval, the Authority must, at least 10 days before the date on which the transfer is intended to take effect, give a notice to each party specifying that the Authority— consents to the transfer; or refuses to consent to the transfer; or has suspended further consideration of the transfer until further information is received and that the transfer may not proceed until a further notice is given under this section consenting to the transfer; or has not yet made a decision on the transfer and that the Regulatory Authority will make a decision on the transfer within 28 days and that the transfer may not proceed until a further notice is given under this section consenting to the transfer.\n(sec.66-ssec.2) If the Regulatory Authority consents to the transfer, the notice— must specify— the date on which the transfer is to take effect; and any conditions on the consent to the transfer; and may include notice of any condition that the Regulatory Authority has imposed on the provider approval or a service approval of the receiving approved provider because of the transfer.\n(sec.66-ssec.3) If the Regulatory Authority refuses to consent to the transfer, the notice must include the reasons for the refusal.\n- (a) consents to the transfer; or\n- (b) refuses to consent to the transfer; or\n- (c) has suspended further consideration of the transfer until further information is received and that the transfer may not proceed until a further notice is given under this section consenting to the transfer; or\n- (d) has not yet made a decision on the transfer and that the Regulatory Authority will make a decision on the transfer within 28 days and that the transfer may not proceed until a further notice is given under this section consenting to the transfer.\n- (a) must specify— (i) the date on which the transfer is to take effect; and (ii) any conditions on the consent to the transfer; and\n- (i) the date on which the transfer is to take effect; and\n- (ii) any conditions on the consent to the transfer; and\n- (b) may include notice of any condition that the Regulatory Authority has imposed on the provider approval or a service approval of the receiving approved provider because of the transfer.\n- (i) the date on which the transfer is to take effect; and\n- (ii) any conditions on the consent to the transfer; and","sortOrder":87},{"sectionNumber":"sec.67","sectionType":"section","heading":"Transfer of service approval without consent is void","content":"### sec.67 Transfer of service approval without consent is void\n\nA transfer of a service approval is void if—\nit is made without the consent of the Regulatory Authority; or\nit is made in contravention of the conditions imposed by the Regulatory Authority on the consent to the transfer; or\nit is made to a person who is not the approved provider who gave the notification under section 59 as the receiving approved provider.\n- (a) it is made without the consent of the Regulatory Authority; or\n- (b) it is made in contravention of the conditions imposed by the Regulatory Authority on the consent to the transfer; or\n- (c) it is made to a person who is not the approved provider who gave the notification under section 59 as the receiving approved provider.","sortOrder":88},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Request for earlier transfer date after consent given to transfer","content":"### sec.67A Request for earlier transfer date after consent given to transfer\n\nThis section applies if the Regulatory Authority has consented to or is taken to have consented to the transfer of a service approval.\nThe transferring approved provider and the receiving approved provider may request the transfer take effect on an earlier date than specified in the notification under section 59 or 59A .\nThe Regulatory Authority may agree to the requested earlier date if the Regulatory Authority considers that exceptional circumstances exist.\ns 67A ins 2022 No. 43 (Vic) s 25\n(sec.67A-ssec.1) This section applies if the Regulatory Authority has consented to or is taken to have consented to the transfer of a service approval.\n(sec.67A-ssec.2) The transferring approved provider and the receiving approved provider may request the transfer take effect on an earlier date than specified in the notification under section 59 or 59A .\n(sec.67A-ssec.3) The Regulatory Authority may agree to the requested earlier date if the Regulatory Authority considers that exceptional circumstances exist.","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Confirmation of transfer","content":"### sec.68 Confirmation of transfer\n\nThe transferring approved provider and the receiving approved provider must give written notice to the Regulatory Authority within 2 days after the transfer takes effect specifying the date of the transfer.\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\nOn receipt of a notice under this section, the Regulatory Authority must amend the service approval and provide an amended copy of the service approval to the receiving approved provider.\nThe amendment to the service approval is taken to take effect on the date of the transfer.\nAn approved provider who gives notice under this section is not guilty of an offence for a failure of any other person to give that notice.\ns 68 amd 2022 No. 43 (Vic) s 55 ; 2025 No. 53 (Vic) s 16\n(sec.68-ssec.1) The transferring approved provider and the receiving approved provider must give written notice to the Regulatory Authority within 2 days after the transfer takes effect specifying the date of the transfer. Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n(sec.68-ssec.2) On receipt of a notice under this section, the Regulatory Authority must amend the service approval and provide an amended copy of the service approval to the receiving approved provider.\n(sec.68-ssec.3) The amendment to the service approval is taken to take effect on the date of the transfer.\n(sec.68-ssec.4) An approved provider who gives notice under this section is not guilty of an offence for a failure of any other person to give that notice.","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":"Notice to parents","content":"### sec.69 Notice to parents\n\nThe receiving approved provider must give written notice to the parents of children enrolled at an education and care service of the transfer of the service approval for that service to that provider.\nPenalty:\n$10 200, in the case of an individual.\n$51 600, in any other case.\nThe notice must be given at least 7 days before the date on which the transfer of the service approval takes effect.\ns 69 amd 2022 No. 43 (Vic) ss 26 , 56 ; 2025 No. 53 (Vic) s 17\n(sec.69-ssec.1) The receiving approved provider must give written notice to the parents of children enrolled at an education and care service of the transfer of the service approval for that service to that provider. Penalty: $10 200, in the case of an individual. $51 600, in any other case.\n(sec.69-ssec.2) The notice must be given at least 7 days before the date on which the transfer of the service approval takes effect.","sortOrder":91},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Suspension or cancellation of service approval","content":"## Suspension or cancellation of service approval","sortOrder":92},{"sectionNumber":"sec.70","sectionType":"section","heading":"Grounds for suspension of service approval","content":"### sec.70 Grounds for suspension of service approval\n\nA Regulatory Authority may suspend a service approval if—\nthe Regulatory Authority reasonably believes that it would not be in the best interests of children being educated and cared for by the service for the service to continue; or\na condition of the service approval has not been complied with; or\nthe service is not being managed in accordance with this Law; or\nthe service has operated at a rating level as not meeting the National Quality Standard and—\na service waiver or temporary waiver does not apply to the service in respect of that non-compliance; and\nthere has been no improvement in the rating level; or\nthe approved provider has contravened this Law as applying in any participating jurisdiction; or\nthe approved provider has failed to comply with a direction, compliance notice or emergency order under this Law as applying in any participating jurisdiction in relation to the service; or\nthe approved provider has—\nceased to operate the education and care service at the education and care service premises for which the service approval was granted; and\nwithin 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or\nthe approved provider has not, within 6 months after being granted a service approval, commenced ongoing operation of the service; or\nthe approved provider has not paid the prescribed annual fee for the service approval.\nWithout limiting subsection (1) , the Regulatory Authority may suspend an approved provider’s service approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\nthere is a systemic risk in relation to the approved provider or the related provider of the approved provider; and\nthe suspension is reasonably necessary to address the systemic risk.\ns 70 amd 2025 No. 53 (Vic) s 74\n(sec.70-ssec.1) A Regulatory Authority may suspend a service approval if— the Regulatory Authority reasonably believes that it would not be in the best interests of children being educated and cared for by the service for the service to continue; or a condition of the service approval has not been complied with; or the service is not being managed in accordance with this Law; or the service has operated at a rating level as not meeting the National Quality Standard and— a service waiver or temporary waiver does not apply to the service in respect of that non-compliance; and there has been no improvement in the rating level; or the approved provider has contravened this Law as applying in any participating jurisdiction; or the approved provider has failed to comply with a direction, compliance notice or emergency order under this Law as applying in any participating jurisdiction in relation to the service; or the approved provider has— ceased to operate the education and care service at the education and care service premises for which the service approval was granted; and within 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or the approved provider has not, within 6 months after being granted a service approval, commenced ongoing operation of the service; or the approved provider has not paid the prescribed annual fee for the service approval.\n(sec.70-ssec.2) Without limiting subsection (1) , the Regulatory Authority may suspend an approved provider’s service approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or the related provider of the approved provider; and the suspension is reasonably necessary to address the systemic risk.\n- (a) the Regulatory Authority reasonably believes that it would not be in the best interests of children being educated and cared for by the service for the service to continue; or\n- (b) a condition of the service approval has not been complied with; or\n- (c) the service is not being managed in accordance with this Law; or\n- (d) the service has operated at a rating level as not meeting the National Quality Standard and— (i) a service waiver or temporary waiver does not apply to the service in respect of that non-compliance; and (ii) there has been no improvement in the rating level; or\n- (i) a service waiver or temporary waiver does not apply to the service in respect of that non-compliance; and\n- (ii) there has been no improvement in the rating level; or\n- (e) the approved provider has contravened this Law as applying in any participating jurisdiction; or\n- (f) the approved provider has failed to comply with a direction, compliance notice or emergency order under this Law as applying in any participating jurisdiction in relation to the service; or\n- (g) the approved provider has— (i) ceased to operate the education and care service at the education and care service premises for which the service approval was granted; and (ii) within 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or\n- (i) ceased to operate the education and care service at the education and care service premises for which the service approval was granted; and\n- (ii) within 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or\n- (h) the approved provider has not, within 6 months after being granted a service approval, commenced ongoing operation of the service; or\n- (i) the approved provider has not paid the prescribed annual fee for the service approval.\n- (i) a service waiver or temporary waiver does not apply to the service in respect of that non-compliance; and\n- (ii) there has been no improvement in the rating level; or\n- (i) ceased to operate the education and care service at the education and care service premises for which the service approval was granted; and\n- (ii) within 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or\n- (a) there is a systemic risk in relation to the approved provider or the related provider of the approved provider; and\n- (b) the suspension is reasonably necessary to address the systemic risk.","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":"Show cause notice before suspension","content":"### sec.71 Show cause notice before suspension\n\nThis section applies if the Regulatory Authority is considering the suspension of a service approval under section 70 .\nThe Regulatory Authority must first give the approved provider a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to suspend the service approval; and\nthe proposed period of suspension; and\nthe reasons for the proposed suspension; and\nthat the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.\n(sec.71-ssec.1) This section applies if the Regulatory Authority is considering the suspension of a service approval under section 70 .\n(sec.71-ssec.2) The Regulatory Authority must first give the approved provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to suspend the service approval; and the proposed period of suspension; and the reasons for the proposed suspension; and that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.\n- (a) that the Regulatory Authority intends to suspend the service approval; and\n- (b) the proposed period of suspension; and\n- (c) the reasons for the proposed suspension; and\n- (d) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":"Decision in relation to suspension","content":"### sec.72 Decision in relation to suspension\n\nAfter considering any written response from the approved provider received within the time allowed by section 71 (2) (d) , the Regulatory Authority may—\nif the suspension was proposed on the ground referred to in section 70 (1) (a) , (c) or (d) , accept an undertaking from the approved provider under section 179A ; or\nin any case—\nsuspend the service approval for a period not more than the prescribed period; or\ndecide not to suspend the service approval.\ns 72 amd 2017 No. 9 (Vic) s 21 ; 2025 No. 53 (Vic) s 75\n- (a) if the suspension was proposed on the ground referred to in section 70 (1) (a) , (c) or (d) , accept an undertaking from the approved provider under section 179A ; or\n- (b) in any case— (i) suspend the service approval for a period not more than the prescribed period; or (ii) decide not to suspend the service approval.\n- (i) suspend the service approval for a period not more than the prescribed period; or\n- (ii) decide not to suspend the service approval.\n- (i) suspend the service approval for a period not more than the prescribed period; or\n- (ii) decide not to suspend the service approval.","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":"Suspension of service approval without show cause","content":"### sec.73 Suspension of service approval without show cause\n\nThe Regulatory Authority may suspend the service approval without giving the approved provider a show cause notice under section 71 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by the education and care service.","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice and effect of decision","content":"### sec.74 Notice and effect of decision\n\nThe Regulatory Authority must give the approved provider written notice of the decision to suspend.\nSubject to section 76 , the decision under section 72 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.\nSubject to section 76 , the decision under section 73 to suspend takes effect on the giving of the notice.\nThe notice of a decision to suspend must set out—\nthe period of suspension; and\nthe date on which it takes effect.\nA suspension of a service approval also suspends the service approval to the extent that it relates to an associated children’s service.\n(sec.74-ssec.1) The Regulatory Authority must give the approved provider written notice of the decision to suspend.\n(sec.74-ssec.2) Subject to section 76 , the decision under section 72 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.\n(sec.74-ssec.3) Subject to section 76 , the decision under section 73 to suspend takes effect on the giving of the notice.\n(sec.74-ssec.4) The notice of a decision to suspend must set out— the period of suspension; and the date on which it takes effect.\n(sec.74-ssec.5) A suspension of a service approval also suspends the service approval to the extent that it relates to an associated children’s service.\n- (a) the period of suspension; and\n- (b) the date on which it takes effect.","sortOrder":97},{"sectionNumber":"sec.75","sectionType":"section","heading":"Suspension of service approval to the extent that it relates to associated children’s service","content":"### sec.75 Suspension of service approval to the extent that it relates to associated children’s service\n\nIf the Regulatory Authority considers that a service approval should be suspended to the extent only that it applies to an associated children’s service, the Regulatory Authority must refer the matter to the children’s services regulator of this jurisdiction for determination under the children’s services law.\nThe children’s services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children’s service under the children’s services law.\nIf a final determination is made under the children’s services law of this jurisdiction that a service approval should be suspended to the extent that it relates to an associated children’s service—\nthe children’s services regulator must advise the Regulatory Authority of that determination; and\nthe service approval is suspended to the extent that it relates to the associated children’s service in accordance with that determination.\n(sec.75-ssec.1) If the Regulatory Authority considers that a service approval should be suspended to the extent only that it applies to an associated children’s service, the Regulatory Authority must refer the matter to the children’s services regulator of this jurisdiction for determination under the children’s services law.\n(sec.75-ssec.2) The children’s services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children’s service under the children’s services law.\n(sec.75-ssec.3) If a final determination is made under the children’s services law of this jurisdiction that a service approval should be suspended to the extent that it relates to an associated children’s service— the children’s services regulator must advise the Regulatory Authority of that determination; and the service approval is suspended to the extent that it relates to the associated children’s service in accordance with that determination.\n- (a) the children’s services regulator must advise the Regulatory Authority of that determination; and\n- (b) the service approval is suspended to the extent that it relates to the associated children’s service in accordance with that determination.","sortOrder":98},{"sectionNumber":"sec.76","sectionType":"section","heading":"Transfer of suspended service","content":"### sec.76 Transfer of suspended service\n\nThe Regulatory Authority may consent under this Part to the transfer of a service approval that is suspended under section 72 or 73 .\nThe suspension of the service approval ceases on the transfer taking effect, unless the conditions of the Regulatory Authority’s consent to the transfer otherwise provide.\n(sec.76-ssec.1) The Regulatory Authority may consent under this Part to the transfer of a service approval that is suspended under section 72 or 73 .\n(sec.76-ssec.2) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the Regulatory Authority’s consent to the transfer otherwise provide.","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":"Grounds for cancellation of service approval","content":"### sec.77 Grounds for cancellation of service approval\n\nA Regulatory Authority may cancel a service approval if—\nthe Regulatory Authority reasonably believes that the continued operation of the education and care service would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by the education and care service; or\nthe service has been suspended under section 72 or 73 and the reason for the suspension has not been rectified at or before the end of the period of suspension; or\nthe service approval was obtained improperly; or\na condition of the service approval has not been complied with.\nWithout limiting subsection (1) , the Regulatory Authority may cancel an approved provider’s service approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\nthere is a systemic risk in relation to the approved provider or the related provider of the approved provider; and\nthe cancellation is reasonably necessary to address the systemic risk.\ns 77 amd 2025 No. 53 (Vic) s 76\n(sec.77-ssec.1) A Regulatory Authority may cancel a service approval if— the Regulatory Authority reasonably believes that the continued operation of the education and care service would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by the education and care service; or the service has been suspended under section 72 or 73 and the reason for the suspension has not been rectified at or before the end of the period of suspension; or the service approval was obtained improperly; or a condition of the service approval has not been complied with.\n(sec.77-ssec.2) Without limiting subsection (1) , the Regulatory Authority may cancel an approved provider’s service approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or the related provider of the approved provider; and the cancellation is reasonably necessary to address the systemic risk.\n- (a) the Regulatory Authority reasonably believes that the continued operation of the education and care service would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by the education and care service; or\n- (b) the service has been suspended under section 72 or 73 and the reason for the suspension has not been rectified at or before the end of the period of suspension; or\n- (c) the service approval was obtained improperly; or\n- (d) a condition of the service approval has not been complied with.\n- (a) there is a systemic risk in relation to the approved provider or the related provider of the approved provider; and\n- (b) the cancellation is reasonably necessary to address the systemic risk.","sortOrder":100},{"sectionNumber":"sec.78","sectionType":"section","heading":"Show cause notice before cancellation","content":"### sec.78 Show cause notice before cancellation\n\nThis section applies if the Regulatory Authority is considering the cancellation of a service approval under section 77 .\nThe Regulatory Authority must first give the approved provider a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to cancel the service approval; and\nthe reasons for the proposed cancellation; and\nthat the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.\n(sec.78-ssec.1) This section applies if the Regulatory Authority is considering the cancellation of a service approval under section 77 .\n(sec.78-ssec.2) The Regulatory Authority must first give the approved provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to cancel the service approval; and the reasons for the proposed cancellation; and that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.\n- (a) that the Regulatory Authority intends to cancel the service approval; and\n- (b) the reasons for the proposed cancellation; and\n- (c) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.","sortOrder":101},{"sectionNumber":"sec.79","sectionType":"section","heading":"Decision in relation to cancellation","content":"### sec.79 Decision in relation to cancellation\n\nAfter considering any written response from the approved provider received within the time allowed by section 78 (2) (c) , the Regulatory Authority—\nmay—\ncancel the service approval; or\nsuspend the service approval for a period not more than the prescribed period; or\ndecide not to cancel the service approval; and\nmust give the approved provider written notice of the decision.\nSubject to section 81 , the decision to cancel the service approval takes effect—\nat the end of 14 days after the date of the decision; or\nif another period is specified by the Regulatory Authority, at the end of that period.\nThe notice of a decision to cancel must set out the date on which it takes effect.\nA cancellation of a service approval includes the cancellation of the service approval to the extent that it relates to an associated children’s service.\nThis Law applies to a suspension of a service approval under this section as if it were a suspension under section 72 .\n(sec.79-ssec.1) After considering any written response from the approved provider received within the time allowed by section 78 (2) (c) , the Regulatory Authority— may— cancel the service approval; or suspend the service approval for a period not more than the prescribed period; or decide not to cancel the service approval; and must give the approved provider written notice of the decision.\n(sec.79-ssec.2) Subject to section 81 , the decision to cancel the service approval takes effect— at the end of 14 days after the date of the decision; or if another period is specified by the Regulatory Authority, at the end of that period.\n(sec.79-ssec.3) The notice of a decision to cancel must set out the date on which it takes effect.\n(sec.79-ssec.4) A cancellation of a service approval includes the cancellation of the service approval to the extent that it relates to an associated children’s service.\n(sec.79-ssec.5) This Law applies to a suspension of a service approval under this section as if it were a suspension under section 72 .\n- (a) may— (i) cancel the service approval; or (ii) suspend the service approval for a period not more than the prescribed period; or (iii) decide not to cancel the service approval; and\n- (i) cancel the service approval; or\n- (ii) suspend the service approval for a period not more than the prescribed period; or\n- (iii) decide not to cancel the service approval; and\n- (b) must give the approved provider written notice of the decision.\n- (i) cancel the service approval; or\n- (ii) suspend the service approval for a period not more than the prescribed period; or\n- (iii) decide not to cancel the service approval; and\n- (a) at the end of 14 days after the date of the decision; or\n- (b) if another period is specified by the Regulatory Authority, at the end of that period.","sortOrder":102},{"sectionNumber":"sec.80","sectionType":"section","heading":"Cancellation of service approval to the extent that it relates to associated children’s service","content":"### sec.80 Cancellation of service approval to the extent that it relates to associated children’s service\n\nIf the Regulatory Authority considers that a service approval should be cancelled to the extent only that it applies to an associated children’s service, the Regulatory Authority must refer the matter to the children’s services regulator of this jurisdiction for determination under the children’s services law.\nThe children’s services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children’s service under the children’s services law.\nIf a final determination is made under the children’s services law of this jurisdiction that a service approval should be cancelled to the extent that it relates to an associated children’s service—\nthe children’s services regulator must advise the Regulatory Authority of that determination; and\nthe service approval is cancelled to the extent that it relates to the associated children’s service in accordance with that determination.\n(sec.80-ssec.1) If the Regulatory Authority considers that a service approval should be cancelled to the extent only that it applies to an associated children’s service, the Regulatory Authority must refer the matter to the children’s services regulator of this jurisdiction for determination under the children’s services law.\n(sec.80-ssec.2) The children’s services regulator must notify the Regulatory Authority if it proposes to conduct any investigation or inquiry into an associated children’s service under the children’s services law.\n(sec.80-ssec.3) If a final determination is made under the children’s services law of this jurisdiction that a service approval should be cancelled to the extent that it relates to an associated children’s service— the children’s services regulator must advise the Regulatory Authority of that determination; and the service approval is cancelled to the extent that it relates to the associated children’s service in accordance with that determination.\n- (a) the children’s services regulator must advise the Regulatory Authority of that determination; and\n- (b) the service approval is cancelled to the extent that it relates to the associated children’s service in accordance with that determination.","sortOrder":103},{"sectionNumber":"sec.81","sectionType":"section","heading":"Application for transfer of cancelled service","content":"### sec.81 Application for transfer of cancelled service\n\nAn approved provider may apply to the Regulatory Authority under this Part for consent to transfer a service approval that is to be cancelled under this Part.\nThe application for consent to transfer must be made within 14 days after the decision to cancel the service approval is made.\nIf an application for consent to transfer is made, the cancellation of the service approval does not take effect, and the service approval is suspended, until the Regulatory Authority determines the application.\nAn application cannot be made under this section for consent to transfer a cancelled service approval if the cancellation relates only to an associated children’s service.\n(sec.81-ssec.1) An approved provider may apply to the Regulatory Authority under this Part for consent to transfer a service approval that is to be cancelled under this Part.\n(sec.81-ssec.2) The application for consent to transfer must be made within 14 days after the decision to cancel the service approval is made.\n(sec.81-ssec.3) If an application for consent to transfer is made, the cancellation of the service approval does not take effect, and the service approval is suspended, until the Regulatory Authority determines the application.\n(sec.81-ssec.4) An application cannot be made under this section for consent to transfer a cancelled service approval if the cancellation relates only to an associated children’s service.","sortOrder":104},{"sectionNumber":"sec.82","sectionType":"section","heading":"Decision on application to transfer cancelled service","content":"### sec.82 Decision on application to transfer cancelled service\n\nIf the Regulatory Authority consents to the transfer—\nthe decision to cancel the service approval is revoked; and\nthe suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date for the suspension to cease.\nIf the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse to consent.\n(sec.82-ssec.1) If the Regulatory Authority consents to the transfer— the decision to cancel the service approval is revoked; and the suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date for the suspension to cease.\n(sec.82-ssec.2) If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse to consent.\n- (a) the decision to cancel the service approval is revoked; and\n- (b) the suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date for the suspension to cease.","sortOrder":105},{"sectionNumber":"sec.83","sectionType":"section","heading":"Approved provider to provide information to Regulatory Authority","content":"### sec.83 Approved provider to provide information to Regulatory Authority\n\nThis section applies if a show cause notice has been given to an approved provider under section 71 or 78 .\nThe approved provider, at the request of the Regulatory Authority, must provide the Authority with the contact details of the parents of all children enrolled at the education and care service.\nThe Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an approved education and care service of a suspension or cancellation of the service approval for the service.\n(sec.83-ssec.1) This section applies if a show cause notice has been given to an approved provider under section 71 or 78 .\n(sec.83-ssec.2) The approved provider, at the request of the Regulatory Authority, must provide the Authority with the contact details of the parents of all children enrolled at the education and care service.\n(sec.83-ssec.3) The Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an approved education and care service of a suspension or cancellation of the service approval for the service.","sortOrder":106},{"sectionNumber":"sec.84","sectionType":"section","heading":"Notice to parents of suspension or cancellation","content":"### sec.84 Notice to parents of suspension or cancellation\n\nThis section applies if a service approval has been suspended or cancelled under section 72 , 73 , 79 or 82 .\nThe Regulatory Authority may require the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at the education and care service to which the approval relates and any associated children’s service.\nThe approved provider must comply with a requirement made under subsection (2) .\nPenalty:\n$10 200, in the case of an individual.\n$51 600, in any other case.\ns 84 amd 2017 No. 9 (Vic) s 22 ; 2022 No. 43 (Vic) s 57 ; 2025 No. 53 (Vic) s 18\n(sec.84-ssec.1) This section applies if a service approval has been suspended or cancelled under section 72 , 73 , 79 or 82 .\n(sec.84-ssec.2) The Regulatory Authority may require the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at the education and care service to which the approval relates and any associated children’s service.\n(sec.84-ssec.3) The approved provider must comply with a requirement made under subsection (2) . Penalty: $10 200, in the case of an individual. $51 600, in any other case.","sortOrder":107},{"sectionNumber":"sec.85","sectionType":"section","heading":"Voluntary suspension of service approval","content":"### sec.85 Voluntary suspension of service approval\n\nAn approved provider may apply to the Regulatory Authority for the suspension of a service approval for a period of not more than 12 months.\nThe application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nThe Regulatory Authority may agree to the suspension, having regard to whether the suspension is reasonable in the circumstances.\nThe approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the education and care service and any associated children’s service of the intention to make the application.\nThe Regulatory Authority must, within 30 days after the application is made, decide whether or not to grant the application.\nIf the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider.\n(sec.85-ssec.1) An approved provider may apply to the Regulatory Authority for the suspension of a service approval for a period of not more than 12 months.\n(sec.85-ssec.2) The application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.85-ssec.3) The Regulatory Authority may agree to the suspension, having regard to whether the suspension is reasonable in the circumstances.\n(sec.85-ssec.4) The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the education and care service and any associated children’s service of the intention to make the application.\n(sec.85-ssec.5) The Regulatory Authority must, within 30 days after the application is made, decide whether or not to grant the application.\n(sec.85-ssec.6) If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.","sortOrder":108},{"sectionNumber":"sec.86","sectionType":"section","heading":"Surrender of service approval","content":"### sec.86 Surrender of service approval\n\nAn approved provider may surrender a service approval by written notice to the Regulatory Authority.\nThe notice must specify a date on which the surrender is intended to take effect which must be—\nafter the notice is given; and\nafter the end of the period of notice required under subsection (3) .\nThe approved provider must notify the parents of children enrolled at the education and care service to which the approval relates and any associated children’s service of the intention to surrender the service approval, at least 14 days before the surrender is intended to take effect.\nIf a service approval is surrendered, the approval is cancelled on the date specified in the notice.\n(sec.86-ssec.1) An approved provider may surrender a service approval by written notice to the Regulatory Authority.\n(sec.86-ssec.2) The notice must specify a date on which the surrender is intended to take effect which must be— after the notice is given; and after the end of the period of notice required under subsection (3) .\n(sec.86-ssec.3) The approved provider must notify the parents of children enrolled at the education and care service to which the approval relates and any associated children’s service of the intention to surrender the service approval, at least 14 days before the surrender is intended to take effect.\n(sec.86-ssec.4) If a service approval is surrendered, the approval is cancelled on the date specified in the notice.\n- (a) after the notice is given; and\n- (b) after the end of the period of notice required under subsection (3) .","sortOrder":109},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Application for service waiver","content":"## Application for service waiver","sortOrder":110},{"sectionNumber":"sec.87","sectionType":"section","heading":"Application for service waiver for service","content":"### sec.87 Application for service waiver for service\n\nAn approved provider may apply to the Regulatory Authority for a waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section.\nRegulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.\nA person who applies for a service approval may apply for a service waiver under this section together with the application for the service approval.\nThe Regulatory Authority must not grant a service waiver to a person who applies under subsection (2) unless the service approval is granted to that person.\ns 87 amd 2022 No. 43 (Vic) s 27\n(sec.87-ssec.1) An approved provider may apply to the Regulatory Authority for a waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section.\n(sec.87-ssec.1A) Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.\n(sec.87-ssec.2) A person who applies for a service approval may apply for a service waiver under this section together with the application for the service approval.\n(sec.87-ssec.3) The Regulatory Authority must not grant a service waiver to a person who applies under subsection (2) unless the service approval is granted to that person.","sortOrder":111},{"sectionNumber":"sec.88","sectionType":"section","heading":"Form of application","content":"### sec.88 Form of application\n\nAn application under section 87 must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.","sortOrder":112},{"sectionNumber":"sec.89","sectionType":"section","heading":"Powers of Regulatory Authority in considering application","content":"### sec.89 Powers of Regulatory Authority in considering application\n\nFor the purpose of determining an application under this Division, the Regulatory Authority may—\nask the applicant to provide further information; and\ninspect the education and care service premises and the office of the applicant.\nIf the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 91 (2) for the Regulatory Authority to make a decision on the application.\ns 89 amd 2017 No. 9 (Vic) s 23\n(sec.89-ssec.1) For the purpose of determining an application under this Division, the Regulatory Authority may— ask the applicant to provide further information; and inspect the education and care service premises and the office of the applicant.\n(sec.89-ssec.2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 91 (2) for the Regulatory Authority to make a decision on the application.\n- (a) ask the applicant to provide further information; and\n- (b) inspect the education and care service premises and the office of the applicant.","sortOrder":113},{"sectionNumber":"sec.90","sectionType":"section","heading":"Matters to be considered","content":"### sec.90 Matters to be considered\n\nIn considering whether the grant of a service waiver is appropriate, the Regulatory Authority may have regard to—\nany matters disclosed in the application; and\nthe history of compliance of a related provider of the applicant with this Law or this Law as applying in any participating jurisdiction, including in relation to any education and care service operated by the related provider of the applicant; and\nany other matter the Regulatory Authority thinks fit.\ns 90 sub 2022 No. 43 (Vic) s 28\namd 2025 No. 53 (Vic) s 77\n- (a) any matters disclosed in the application; and\n- (ab) the history of compliance of a related provider of the applicant with this Law or this Law as applying in any participating jurisdiction, including in relation to any education and care service operated by the related provider of the applicant; and\n- (b) any other matter the Regulatory Authority thinks fit.","sortOrder":114},{"sectionNumber":"sec.91","sectionType":"section","heading":"Decision on application","content":"### sec.91 Decision on application\n\nOn an application under this Division, the Regulatory Authority may decide to grant the service waiver or refuse the application.\nSubject to subsection (3) , the Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority’s decision on the application.\nIf an application for a service waiver has been made together with an application for service approval, the Regulatory Authority may notify the applicant of the Authority’s decision on the application at the same time as the notice of the decision on the application for the service approval.\nIf a service waiver is granted, the Regulatory Authority may place any conditions on the service waiver, including any condition limiting the use of the service waiver.\nThe Regulatory Authority may, at any time remove, add to or vary any conditions placed on a service waiver under subsection (4) .\nIf a service waiver is granted or its conditions are amended under subsection (5) , the Regulatory Authority must issue or reissue the service approval specifying—\nthe national regulations that have been waived; and\nany conditions placed on the waiver.\ns 91 amd 2017 No. 9 (Vic) s 24 ; 2022 No. 43 (Vic) s 29\n(sec.91-ssec.1) On an application under this Division, the Regulatory Authority may decide to grant the service waiver or refuse the application.\n(sec.91-ssec.2) Subject to subsection (3) , the Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority’s decision on the application.\n(sec.91-ssec.3) If an application for a service waiver has been made together with an application for service approval, the Regulatory Authority may notify the applicant of the Authority’s decision on the application at the same time as the notice of the decision on the application for the service approval.\n(sec.91-ssec.4) If a service waiver is granted, the Regulatory Authority may place any conditions on the service waiver, including any condition limiting the use of the service waiver.\n(sec.91-ssec.5) The Regulatory Authority may, at any time remove, add to or vary any conditions placed on a service waiver under subsection (4) .\n(sec.91-ssec.6) If a service waiver is granted or its conditions are amended under subsection (5) , the Regulatory Authority must issue or reissue the service approval specifying— the national regulations that have been waived; and any conditions placed on the waiver.\n- (a) the national regulations that have been waived; and\n- (b) any conditions placed on the waiver.","sortOrder":115},{"sectionNumber":"sec.92","sectionType":"section","heading":"Revocation of service waiver","content":"### sec.92 Revocation of service waiver\n\nThe Regulatory Authority may, at its discretion, revoke a service waiver.\nAn approved provider may apply to the Regulatory Authority for the revocation of a service waiver applying to any education and care service that it operates.\nA revocation under this section takes effect at the end of the period prescribed in the national regulations.\n(sec.92-ssec.1) The Regulatory Authority may, at its discretion, revoke a service waiver.\n(sec.92-ssec.2) An approved provider may apply to the Regulatory Authority for the revocation of a service waiver applying to any education and care service that it operates.\n(sec.92-ssec.3) A revocation under this section takes effect at the end of the period prescribed in the national regulations.","sortOrder":116},{"sectionNumber":"sec.93","sectionType":"section","heading":"Effect of service waiver","content":"### sec.93 Effect of service waiver\n\nWhile a service waiver is in force, the approved education and care service is taken to comply with the national regulations specified in the service waiver.\ns 93 sub 2022 No. 43 (Vic) s 30","sortOrder":117},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Temporary waiver","content":"## Temporary waiver","sortOrder":118},{"sectionNumber":"sec.94","sectionType":"section","heading":"Application for temporary waiver","content":"### sec.94 Application for temporary waiver\n\nAn approved provider may apply to the Regulatory Authority for a temporary waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section.\nRegulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.\ns 94 sub 2022 No. 43 (Vic) s 31\n(sec.94-ssec.1) An approved provider may apply to the Regulatory Authority for a temporary waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section.\n(sec.94-ssec.2) Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.","sortOrder":119},{"sectionNumber":"sec.95","sectionType":"section","heading":"Form of application","content":"### sec.95 Form of application\n\nAn application under section 94 must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.","sortOrder":120},{"sectionNumber":"sec.96","sectionType":"section","heading":"Regulatory Authority may seek further information","content":"### sec.96 Regulatory Authority may seek further information\n\nFor the purpose of determining an application under this Division, the Regulatory Authority may—\nask the applicant to provide further information; and\ninspect the education and care service premises and the office of the applicant.\nIf the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 98 (1) for the Regulatory Authority to make a decision on the application.\ns 96 amd 2017 No. 9 (Vic) s 25\n(sec.96-ssec.1) For the purpose of determining an application under this Division, the Regulatory Authority may— ask the applicant to provide further information; and inspect the education and care service premises and the office of the applicant.\n(sec.96-ssec.2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of that request until the provision of further information is not included in the period referred to in section 98 (1) for the Regulatory Authority to make a decision on the application.\n- (a) ask the applicant to provide further information; and\n- (b) inspect the education and care service premises and the office of the applicant.","sortOrder":121},{"sectionNumber":"sec.97","sectionType":"section","heading":"Special circumstances","content":"### sec.97 Special circumstances\n\nIn considering whether the grant of a temporary waiver is appropriate, the Regulatory Authority must have regard to whether special circumstances disclosed in the application reasonably justify the grant of the temporary waiver.","sortOrder":122},{"sectionNumber":"sec.98","sectionType":"section","heading":"Decision on application","content":"### sec.98 Decision on application\n\nThe Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority’s decision on the application.\nA temporary waiver must specify the period of the waiver which cannot be for a period of more than 12 months.\nThe Regulatory Authority, on the application of the approved provider, may—\nextend and further extend the period of a temporary waiver by periods of not more than 12 months; and\ngrant a further temporary waiver for an education and care service under this Division.\nAn application under subsection (3) must include payment of the prescribed fee.\nIf a temporary waiver is granted, the Regulatory Authority may place any conditions on the temporary waiver, including any condition limiting the use of the temporary waiver.\nThe Regulatory Authority may, at any time remove, add to or vary any conditions placed on a temporary waiver under subsection (5) .\nIf a temporary waiver is granted or its conditions are amended under subsection (6) , the Regulatory Authority must issue or reissue the service approval specifying—\nthe national regulations that have been temporarily waived; and\nthe period of the waiver; and\nany conditions placed on the waiver.\ns 98 amd 2017 No. 9 (Vic) s 26 ; 2022 No. 43 (Vic) s 32\n(sec.98-ssec.1) The Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority’s decision on the application.\n(sec.98-ssec.2) A temporary waiver must specify the period of the waiver which cannot be for a period of more than 12 months.\n(sec.98-ssec.3) The Regulatory Authority, on the application of the approved provider, may— extend and further extend the period of a temporary waiver by periods of not more than 12 months; and grant a further temporary waiver for an education and care service under this Division.\n(sec.98-ssec.4) An application under subsection (3) must include payment of the prescribed fee.\n(sec.98-ssec.5) If a temporary waiver is granted, the Regulatory Authority may place any conditions on the temporary waiver, including any condition limiting the use of the temporary waiver.\n(sec.98-ssec.6) The Regulatory Authority may, at any time remove, add to or vary any conditions placed on a temporary waiver under subsection (5) .\n(sec.98-ssec.7) If a temporary waiver is granted or its conditions are amended under subsection (6) , the Regulatory Authority must issue or reissue the service approval specifying— the national regulations that have been temporarily waived; and the period of the waiver; and any conditions placed on the waiver.\n- (a) extend and further extend the period of a temporary waiver by periods of not more than 12 months; and\n- (b) grant a further temporary waiver for an education and care service under this Division.\n- (a) the national regulations that have been temporarily waived; and\n- (b) the period of the waiver; and\n- (c) any conditions placed on the waiver.","sortOrder":123},{"sectionNumber":"sec.99","sectionType":"section","heading":"Revocation of temporary waiver","content":"### sec.99 Revocation of temporary waiver\n\nThe Regulatory Authority may, at its discretion, revoke a temporary waiver.","sortOrder":124},{"sectionNumber":"sec.100","sectionType":"section","heading":"Effect of temporary waiver","content":"### sec.100 Effect of temporary waiver\n\nWhile a temporary waiver is in force, the approved education and care service is not required to comply with the national regulations that have been temporarily waived.\ns 100 sub 2022 No. 43 (Vic) s 33","sortOrder":125},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Exercise of powers by another Regulatory Authority","content":"## Exercise of powers by another Regulatory Authority","sortOrder":126},{"sectionNumber":"sec.101","sectionType":"section","heading":"Exercise of powers by another Regulatory Authority—family day care services","content":"### sec.101 Exercise of powers by another Regulatory Authority—family day care services\n\nThis section applies if the Regulatory Authority has granted a service approval under this Part to an approved provider for a family day care service.\nA Regulatory Authority of another participating jurisdiction may exercise all the powers and perform all the functions of a Regulatory Authority under this Part (except Division 3 or section 76 , 81 or 82 ) in respect of the service approval if the family day care service operates in that participating jurisdiction.\nA Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a service approval after consulting with the Regulatory Authority of each participating jurisdiction in which the family day care service operates.\nA failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.\nA cancellation or suspension of a service approval for a family day care service in another participating jurisdiction has effect in this jurisdiction.\n(sec.101-ssec.1) This section applies if the Regulatory Authority has granted a service approval under this Part to an approved provider for a family day care service.\n(sec.101-ssec.2) A Regulatory Authority of another participating jurisdiction may exercise all the powers and perform all the functions of a Regulatory Authority under this Part (except Division 3 or section 76 , 81 or 82 ) in respect of the service approval if the family day care service operates in that participating jurisdiction.\n(sec.101-ssec.3) A Regulatory Authority (including the Regulatory Authority of this jurisdiction) may only exercise a power to amend, suspend or cancel a service approval after consulting with the Regulatory Authority of each participating jurisdiction in which the family day care service operates.\n(sec.101-ssec.4) A failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.\n(sec.101-ssec.5) A cancellation or suspension of a service approval for a family day care service in another participating jurisdiction has effect in this jurisdiction.","sortOrder":127},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Associated children’s services","content":"## Associated children’s services","sortOrder":128},{"sectionNumber":"sec.102","sectionType":"section","heading":"Application of this Law to associated children’s services","content":"### sec.102 Application of this Law to associated children’s services\n\nThis Law does not apply to an associated children’s service except as expressly provided in this Law.","sortOrder":129},{"sectionNumber":"pt.3-div.9","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":130},{"sectionNumber":"sec.103","sectionType":"section","heading":"Offence to provide an education and care service without service approval","content":"### sec.103 Offence to provide an education and care service without service approval\n\nA person must not provide an education and care service unless—\nthe person is an approved provider in respect of that service; and\nthe education and care service is an approved education and care service.\nPenalty:\n$68 700, in the case of an individual.\n$344 700, in any other case.\nSubsection (1) does not apply to a family day care educator providing education and care to children as part of an approved family day care service.\ns 103 amd 2022 No. 43 (Vic) s 58 ; 2025 No. 53 (Vic) s 19\n(sec.103-ssec.1) A person must not provide an education and care service unless— the person is an approved provider in respect of that service; and the education and care service is an approved education and care service. Penalty: $68 700, in the case of an individual. $344 700, in any other case.\n(sec.103-ssec.2) Subsection (1) does not apply to a family day care educator providing education and care to children as part of an approved family day care service.\n- (a) the person is an approved provider in respect of that service; and\n- (b) the education and care service is an approved education and care service.","sortOrder":131},{"sectionNumber":"sec.103A","sectionType":"section","heading":"Offence relating to places where education and care is provided as part of a family day care service","content":"### sec.103A Offence relating to places where education and care is provided as part of a family day care service\n\nAn approved provider of a family day care service must ensure that education and care is not provided to children, as part of the service, from a place that is not a family day care residence or an approved family day care venue unless otherwise permitted by this Law.\nPenalty:\n$68 700, in the case of an individual.\n$344 700, in any other case.\ns 103A ins 2017 No. 9 (Vic) s 27\namd 2022 No. 43 (Vic) s 59 ; 2025 No. 53 (Vic) s 20","sortOrder":132},{"sectionNumber":"sec.104","sectionType":"section","heading":"Offence to advertise education and care service without service approval","content":"### sec.104 Offence to advertise education and care service without service approval\n\nA person must not knowingly publish or cause to be published an advertisement for an education and care service unless it is an approved education and care service.\nPenalty:\n$20 400, in the case of an individual.\n$103 200, in any other case.\nSubsection (1) does not apply if an application for a service approval in respect of the education and care service has been made under this Law but has not been decided.\ns 104 amd 2022 No. 43 (Vic) s 60 ; 2025 No. 53 (Vic) s 21\n(sec.104-ssec.1) A person must not knowingly publish or cause to be published an advertisement for an education and care service unless it is an approved education and care service. Penalty: $20 400, in the case of an individual. $103 200, in any other case.\n(sec.104-ssec.2) Subsection (1) does not apply if an application for a service approval in respect of the education and care service has been made under this Law but has not been decided.","sortOrder":133},{"sectionNumber":"pt.4","sectionType":"part","heading":"Approval in principle for education and care service premises located in certain types of buildings","content":"# Approval in principle for education and care service premises located in certain types of buildings","sortOrder":134},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Application of this Part","content":"## Application of this Part","sortOrder":135},{"sectionNumber":"sec.105","sectionType":"section","heading":"Application of Part to certain participating jurisdictions only","content":"### sec.105 Application of Part to certain participating jurisdictions only\n\nThis Part applies to, and in relation to, a participating jurisdiction if a law of the participating jurisdiction, or an instrument made under that law, specifically declares that Part 4 of this Law applies.\ns 105 prev s 105 om 2017 No. 9 (Vic) s 28\npres s 105 ins 2023 No. 33 (Vic) s 8","sortOrder":136},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Application for approval in principle","content":"## Application for approval in principle","sortOrder":137},{"sectionNumber":"sec.106","sectionType":"section","heading":"Application for approval in principle","content":"### sec.106 Application for approval in principle\n\nA person may apply to the Regulatory Authority for the approval in principle of proposed education and care service premises.\nAn application may be made if—\nthe premises are for an education and care service (other than a family day care service); and\nthe premises are proposed to be located in a new or existing Part 4 building; and\nunder a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is required for the construction, alteration or repair of the proposed education and care service premises or the development of the land.\ns 106 prev s 106 om 2017 No. 9 (Vic) s 28\npres s 106 ins 2023 No. 33 (Vic) s 8\n(sec.106-ssec.1) A person may apply to the Regulatory Authority for the approval in principle of proposed education and care service premises.\n(sec.106-ssec.2) An application may be made if— the premises are for an education and care service (other than a family day care service); and the premises are proposed to be located in a new or existing Part 4 building; and under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is required for the construction, alteration or repair of the proposed education and care service premises or the development of the land.\n- (a) the premises are for an education and care service (other than a family day care service); and\n- (b) the premises are proposed to be located in a new or existing Part 4 building; and\n- (c) under a Part 4 planning law or Part 4 building law (or both) of the Part 4 jurisdiction, a permit or approval is required for the construction, alteration or repair of the proposed education and care service premises or the development of the land.","sortOrder":138},{"sectionNumber":"sec.107","sectionType":"section","heading":"Form and timing of application","content":"### sec.107 Form and timing of application\n\nAn application for an approval in principle must—\nbe made to the Regulatory Authority of the Part 4 jurisdiction in which the building is to be located or is located; and\nbe in writing; and\ninclude any plan, drawing or specification as to the construction, alteration or repair of the proposed premises and building in which the premises are or will be located; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nAn application for an approval in principle must be made to the Regulatory Authority within the period declared by or under a law of the Part 4 jurisdiction to be the application period.\ns 107 prev s 107 om 2017 No. 9 (Vic) s 28\npres s 107 ins 2023 No. 33 (Vic) s 8\n(sec.107-ssec.1) An application for an approval in principle must— be made to the Regulatory Authority of the Part 4 jurisdiction in which the building is to be located or is located; and be in writing; and include any plan, drawing or specification as to the construction, alteration or repair of the proposed premises and building in which the premises are or will be located; and include the prescribed information; and include payment of the prescribed fee.\n(sec.107-ssec.2) An application for an approval in principle must be made to the Regulatory Authority within the period declared by or under a law of the Part 4 jurisdiction to be the application period.\n- (a) be made to the Regulatory Authority of the Part 4 jurisdiction in which the building is to be located or is located; and\n- (b) be in writing; and\n- (c) include any plan, drawing or specification as to the construction, alteration or repair of the proposed premises and building in which the premises are or will be located; and\n- (d) include the prescribed information; and\n- (e) include payment of the prescribed fee.","sortOrder":139},{"sectionNumber":"sec.108","sectionType":"section","heading":"Regulatory Authority may seek further information","content":"### sec.108 Regulatory Authority may seek further information\n\nThe Regulatory Authority may ask an applicant for an approval in principle to provide any further information that is reasonably required for the purpose of assessing the application.\nIf the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 110 for the Regulatory Authority to make a decision on the application.\ns 108 prev s 108 om 2017 No. 9 (Vic) s 28\npres s 108 ins 2023 No. 33 (Vic) s 8\n(sec.108-ssec.1) The Regulatory Authority may ask an applicant for an approval in principle to provide any further information that is reasonably required for the purpose of assessing the application.\n(sec.108-ssec.2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 110 for the Regulatory Authority to make a decision on the application.","sortOrder":140},{"sectionNumber":"sec.109","sectionType":"section","heading":"Determination of application for an approval in principle","content":"### sec.109 Determination of application for an approval in principle\n\nIn determining an application for an approval in principle, the Regulatory Authority must have regard to—\nthe suitability of the proposed education and care service premises and the site and location of those premises for the operation of an education and care service; and\nwhether the proposed education and care service premises would meet the approval in principle criteria once constructed, altered or repaired; and\nwhether the proposed education and care service premises will have direct egress to an assembly area to allow the safe evacuation of all children; and\nany other matter the Regulatory Authority considers relevant; and\nany other prescribed matters.\ns 109 prev s 109 om 2017 No. 9 (Vic) s 28\npres s 109 ins 2023 No. 33 (Vic) s 8\n- (a) the suitability of the proposed education and care service premises and the site and location of those premises for the operation of an education and care service; and\n- (b) whether the proposed education and care service premises would meet the approval in principle criteria once constructed, altered or repaired; and\n- (c) whether the proposed education and care service premises will have direct egress to an assembly area to allow the safe evacuation of all children; and\n- (d) any other matter the Regulatory Authority considers relevant; and\n- (e) any other prescribed matters.","sortOrder":141},{"sectionNumber":"sec.110","sectionType":"section","heading":"Grant or refusal of approval in principle","content":"### sec.110 Grant or refusal of approval in principle\n\nOn receiving an application under section 106 , the Regulatory Authority may—\nsubject to section 111 , grant an approval in principle; or\nrefuse to grant an approval in principle.\nSubject to subsection (3) , the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\nIf further information is requested under section 108 (1) , the period between the making of the request and the provision of the information is not included in the 60 day period.\nThe period referred to in subsection (2) may be extended with the agreement of the applicant.\nThe Regulatory Authority is taken to have refused to grant an approval in principle if the Regulatory Authority has not made a decision under subsection (1) —\nwithin the relevant time required under subsection (2) ; or\nwithin the period extended under subsection (3) —\nas the case requires.\ns 110 prev s 110 om 2017 No. 9 (Vic) s 28\npres s 110 ins 2023 No. 33 (Vic) s 8\n(sec.110-ssec.1) On receiving an application under section 106 , the Regulatory Authority may— subject to section 111 , grant an approval in principle; or refuse to grant an approval in principle.\n(sec.110-ssec.2) Subject to subsection (3) , the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application. If further information is requested under section 108 (1) , the period between the making of the request and the provision of the information is not included in the 60 day period.\n(sec.110-ssec.3) The period referred to in subsection (2) may be extended with the agreement of the applicant.\n(sec.110-ssec.4) The Regulatory Authority is taken to have refused to grant an approval in principle if the Regulatory Authority has not made a decision under subsection (1) — within the relevant time required under subsection (2) ; or within the period extended under subsection (3) — as the case requires.\n- (a) subject to section 111 , grant an approval in principle; or\n- (b) refuse to grant an approval in principle.\n- (a) within the relevant time required under subsection (2) ; or\n- (b) within the period extended under subsection (3) —","sortOrder":142},{"sectionNumber":"sec.111","sectionType":"section","heading":"Regulatory Authority must refuse to grant approval in principle unless satisfied of certain matters","content":"### sec.111 Regulatory Authority must refuse to grant approval in principle unless satisfied of certain matters\n\nThe Regulatory Authority must refuse to grant an approval in principle unless satisfied that—\nthe proposed education and care service premises (once constructed, altered or repaired) and the site and location of those premises—\nwill be suitable for the operation of an education and care service; and\nwill meet the approval in principle criteria; and\nthe proposed education and care service premises will have direct egress to an assembly area to allow the safe evacuation of all children.\ns 111 prev s 111 amd 2011 No. 80 (Vic) s 69\nom 2017 No. 9 (Vic) s 28\npres s 111 ins 2023 No. 33 (Vic) s 8\n- (a) the proposed education and care service premises (once constructed, altered or repaired) and the site and location of those premises— (i) will be suitable for the operation of an education and care service; and (ii) will meet the approval in principle criteria; and\n- (i) will be suitable for the operation of an education and care service; and\n- (ii) will meet the approval in principle criteria; and\n- (b) the proposed education and care service premises will have direct egress to an assembly area to allow the safe evacuation of all children.\n- (i) will be suitable for the operation of an education and care service; and\n- (ii) will meet the approval in principle criteria; and","sortOrder":143},{"sectionNumber":"sec.112","sectionType":"section","heading":"Notice of decision on application for approval in principle","content":"### sec.112 Notice of decision on application for approval in principle\n\nThe Regulatory Authority must give written notice to the applicant of a decision under section 110 and the reasons for the decision within 7 days after the decision is made.\ns 112 prev s 112 om 2017 No. 9 (Vic) s 28\npres s 112 ins 2023 No. 33 (Vic) s 8","sortOrder":144},{"sectionNumber":"sec.113","sectionType":"section","heading":"Copy of approval in principle to be provided","content":"### sec.113 Copy of approval in principle to be provided\n\nIf the Regulatory Authority grants an approval in principle, the Regulatory Authority must give a copy of the approval in principle to the applicant stating—\nthe name of the approval in principle holder; and\nthe site and location of the building or proposed building; and\nthe location of the proposed education and care service premises within the building or proposed building; and\nthe date on which the approval in principle was granted; and\nthe date on which the approval in principle expires; and\nAn approval in principle expires 3 years from the day it is granted. See section 123 .\nany other prescribed matters.\nThe copy of the approval in principle must—\nattach a copy of any plan, drawing or specification that is the basis of the approval in principle of the premises; or\nsufficiently describe any such plan, drawing or specification.\ns 113 prev s 113 om 2017 No. 9 (Vic) s 28\npres s 113 ins 2023 No. 33 (Vic) s 8\n(sec.113-ssec.1) If the Regulatory Authority grants an approval in principle, the Regulatory Authority must give a copy of the approval in principle to the applicant stating— the name of the approval in principle holder; and the site and location of the building or proposed building; and the location of the proposed education and care service premises within the building or proposed building; and the date on which the approval in principle was granted; and the date on which the approval in principle expires; and An approval in principle expires 3 years from the day it is granted. See section 123 . any other prescribed matters.\n(sec.113-ssec.2) The copy of the approval in principle must— attach a copy of any plan, drawing or specification that is the basis of the approval in principle of the premises; or sufficiently describe any such plan, drawing or specification.\n- (a) the name of the approval in principle holder; and\n- (b) the site and location of the building or proposed building; and\n- (c) the location of the proposed education and care service premises within the building or proposed building; and\n- (d) the date on which the approval in principle was granted; and\n- (e) the date on which the approval in principle expires; and Note— An approval in principle expires 3 years from the day it is granted. See section 123 .\n- (f) any other prescribed matters.\n- (a) attach a copy of any plan, drawing or specification that is the basis of the approval in principle of the premises; or\n- (b) sufficiently describe any such plan, drawing or specification.","sortOrder":145},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Duties of approval in principle holder","content":"## Duties of approval in principle holder","sortOrder":146},{"sectionNumber":"sec.114","sectionType":"section","heading":"Duty to notify Regulatory Authority of any material change","content":"### sec.114 Duty to notify Regulatory Authority of any material change\n\nThe approval in principle holder must notify the Regulatory Authority of any material change to—\nany plan, drawing or specification attached to, or described in, the approval in principle in accordance with section 113 (2) ; or\nthe environment surrounding the proposed education and care service premises that may affect the suitability of the premises for the operation of an education and care service.\nA neighbouring building is constructed which impacts adequate natural light in the indoor spaces of the proposed premises.\ns 114 prev s 114 om 2017 No. 9 (Vic) s 28\npres s 114 ins 2023 No. 33 (Vic) s 8\n- (a) any plan, drawing or specification attached to, or described in, the approval in principle in accordance with section 113 (2) ; or\n- (b) the environment surrounding the proposed education and care service premises that may affect the suitability of the premises for the operation of an education and care service. Example— A neighbouring building is constructed which impacts adequate natural light in the indoor spaces of the proposed premises.","sortOrder":147},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Amendment and transfer of approval in principle","content":"## Amendment and transfer of approval in principle","sortOrder":148},{"sectionNumber":"sec.115","sectionType":"section","heading":"Amendment of approval in principle on application","content":"### sec.115 Amendment of approval in principle on application\n\nThe approval in principle holder may apply to the Regulatory Authority for an amendment of an approval in principle.\nThe application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nThe Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\nIf the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in subsection (5) .\nThe Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\nThe Regulatory Authority must decide the application by—\namending the approval in principle in the way applied for; or\nwith the applicant’s written agreement, amending the approval in principle in another way; or\nrefusing to amend the approval in principle.\nAn amendment cannot change the location of the proposed education and care service premises.\nThe Regulatory Authority must give written notice of its decision to the approval in principle holder within 7 days after the decision is made.\ns 115 prev s 115 om 2017 No. 9 (Vic) s 28\npres s 115 ins 2023 No. 33 (Vic) s 8\n(sec.115-ssec.1) The approval in principle holder may apply to the Regulatory Authority for an amendment of an approval in principle.\n(sec.115-ssec.2) The application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.115-ssec.3) The Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\n(sec.115-ssec.4) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in subsection (5) .\n(sec.115-ssec.5) The Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\n(sec.115-ssec.6) The Regulatory Authority must decide the application by— amending the approval in principle in the way applied for; or with the applicant’s written agreement, amending the approval in principle in another way; or refusing to amend the approval in principle.\n(sec.115-ssec.7) An amendment cannot change the location of the proposed education and care service premises.\n(sec.115-ssec.8) The Regulatory Authority must give written notice of its decision to the approval in principle holder within 7 days after the decision is made.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.\n- (a) amending the approval in principle in the way applied for; or\n- (b) with the applicant’s written agreement, amending the approval in principle in another way; or\n- (c) refusing to amend the approval in principle.","sortOrder":149},{"sectionNumber":"sec.116","sectionType":"section","heading":"Amendment of approval in principle by Regulatory Authority","content":"### sec.116 Amendment of approval in principle by Regulatory Authority\n\nThe Regulatory Authority may amend an approval in principle at any time without an application.\nThe Regulatory Authority must give written notice of the amendment to the approval in principle holder and the reasons for the decision within 7 days after the decision is made.\nAn amendment under this section has effect—\n14 days after the Regulatory Authority gives notice of the amendment under subsection (2) ; or\nif another period is specified by the Regulatory Authority, at the end of that period.\ns 116 prev s 116 om 2017 No. 9 (Vic) s 28\npres s 116 ins 2023 No. 33 (Vic) s 8\n(sec.116-ssec.1) The Regulatory Authority may amend an approval in principle at any time without an application.\n(sec.116-ssec.2) The Regulatory Authority must give written notice of the amendment to the approval in principle holder and the reasons for the decision within 7 days after the decision is made.\n(sec.116-ssec.3) An amendment under this section has effect— 14 days after the Regulatory Authority gives notice of the amendment under subsection (2) ; or if another period is specified by the Regulatory Authority, at the end of that period.\n- (a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (2) ; or\n- (b) if another period is specified by the Regulatory Authority, at the end of that period.","sortOrder":150},{"sectionNumber":"sec.117","sectionType":"section","heading":"Copy of amended approval in principle to be provided","content":"### sec.117 Copy of amended approval in principle to be provided\n\nIf the Regulatory Authority amends an approval in principle under section 115 or 116 , the Regulatory Authority must give an amended copy of the approval in principle to the approval in principle holder.\ns 117 prev s 117 om 2017 No. 9 (Vic) s 28\npres s 117 ins 2023 No. 33 (Vic) s 8","sortOrder":151},{"sectionNumber":"sec.118","sectionType":"section","heading":"Transfer of approval in principle","content":"### sec.118 Transfer of approval in principle\n\nThe approval in principle holder ( transferring approval in principle holder ) may transfer the approval in principle to another person ( receiving approval in principle holder ).\nA transfer takes effect on the day the Regulatory Authority receives a notice of transfer in accordance with subsection (3) .\nA notice of transfer must—\nbe in writing; and\nbe signed by both the transferring approval in principle holder and the receiving approval in principle holder; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nAs soon as practicable after receiving a notice of transfer, the Regulatory Authority must—\namend the approval in principle to specify the name of the receiving approval in principle holder; and\nprovide an amended copy of the approval in principle to the receiving approval in principle holder.\ns 118 prev s 118 om 2017 No. 9 (Vic) s 28\npres s 118 ins 2023 No. 33 (Vic) s 8\n(sec.118-ssec.1) The approval in principle holder ( transferring approval in principle holder ) may transfer the approval in principle to another person ( receiving approval in principle holder ).\n(sec.118-ssec.2) A transfer takes effect on the day the Regulatory Authority receives a notice of transfer in accordance with subsection (3) .\n(sec.118-ssec.3) A notice of transfer must— be in writing; and be signed by both the transferring approval in principle holder and the receiving approval in principle holder; and include the prescribed information; and include payment of the prescribed fee.\n(sec.118-ssec.4) As soon as practicable after receiving a notice of transfer, the Regulatory Authority must— amend the approval in principle to specify the name of the receiving approval in principle holder; and provide an amended copy of the approval in principle to the receiving approval in principle holder.\n- (a) be in writing; and\n- (b) be signed by both the transferring approval in principle holder and the receiving approval in principle holder; and\n- (c) include the prescribed information; and\n- (d) include payment of the prescribed fee.\n- (a) amend the approval in principle to specify the name of the receiving approval in principle holder; and\n- (b) provide an amended copy of the approval in principle to the receiving approval in principle holder.","sortOrder":152},{"sectionNumber":"sec.119","sectionType":"section","heading":"Transfer of approval in principle by Regulatory Authority","content":"### sec.119 Transfer of approval in principle by Regulatory Authority\n\nThe Regulatory Authority may transfer an approval in principle to another person if the Regulatory Authority becomes aware that the approval in principle holder has died or does not exist.\nOn transferring an approval in principle, the Regulatory Authority must—\namend the approval in principle to specify the name of the receiving approval in principle holder; and\nprovide an amended copy of the approval in principle to the receiving approval in principle holder.\ns 119 prev s 119 om 2017 No. 9 (Vic) s 28\npres s 119 ins 2023 No. 33 (Vic) s 8\n(sec.119-ssec.1) The Regulatory Authority may transfer an approval in principle to another person if the Regulatory Authority becomes aware that the approval in principle holder has died or does not exist.\n(sec.119-ssec.2) On transferring an approval in principle, the Regulatory Authority must— amend the approval in principle to specify the name of the receiving approval in principle holder; and provide an amended copy of the approval in principle to the receiving approval in principle holder.\n- (a) amend the approval in principle to specify the name of the receiving approval in principle holder; and\n- (b) provide an amended copy of the approval in principle to the receiving approval in principle holder.","sortOrder":153},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Cancellation of approval in principle","content":"## Cancellation of approval in principle","sortOrder":154},{"sectionNumber":"sec.120","sectionType":"section","heading":"Regulatory Authority may cancel approval in principle","content":"### sec.120 Regulatory Authority may cancel approval in principle\n\nThe Regulatory Authority may cancel an approval in principle if the Regulatory Authority is satisfied—\nthat the proposed education and care service premises to which the approval relates, or the site or location of those premises, is no longer suitable for the operation of an education and care service; or\nthe proposed education and care service premises will not be constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.\ns 120 prev s 120 om 2017 No. 9 (Vic) s 28\npres s 120 ins 2023 No. 33 (Vic) s 8\n- (a) that the proposed education and care service premises to which the approval relates, or the site or location of those premises, is no longer suitable for the operation of an education and care service; or\n- (b) the proposed education and care service premises will not be constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle.","sortOrder":155},{"sectionNumber":"sec.121","sectionType":"section","heading":"Show cause notice before cancellation","content":"### sec.121 Show cause notice before cancellation\n\nIf the Regulatory Authority is considering the cancellation of an approval in principle under section 120 , the Regulatory Authority must first give the approval in principle holder a show cause notice stating—\nthat the Regulatory Authority intends to cancel the approval in principle; and\nthe reasons for the proposed cancellation; and\nthat within 30 days after the notice is given, the holder may give the Regulatory Authority a written response to the proposed cancellation.\ns 121 prev s 121 om 2017 No. 9 (Vic) s 28\npres s 121 ins 2023 No. 33 (Vic) s 8\n- (a) that the Regulatory Authority intends to cancel the approval in principle; and\n- (b) the reasons for the proposed cancellation; and\n- (c) that within 30 days after the notice is given, the holder may give the Regulatory Authority a written response to the proposed cancellation.","sortOrder":156},{"sectionNumber":"sec.122","sectionType":"section","heading":"Decision in relation to cancellation","content":"### sec.122 Decision in relation to cancellation\n\nAfter considering any written response from the approval in principle holder received within the time allowed by section 121 (c) , the Regulatory Authority must—\ncancel the approval in principle; or\ndecide not to cancel the approval in principle.\nThe Regulatory Authority must give the approval in principle holder written notice of the decision and the reasons for the decision within 7 days after the decision is made.\nThe decision to cancel the approval in principle takes effect—\n14 days after the Regulatory Authority gives notice of the decision; or\nif another period is specified by the Regulatory Authority, at the end of that period.\nThe notice of a decision to cancel must set out the date on which the cancellation takes effect.\ns 122 prev s 122 om 2017 No. 9 (Vic) s 28\npres s 122 ins 2023 No. 33 (Vic) s 8\n(sec.122-ssec.1) After considering any written response from the approval in principle holder received within the time allowed by section 121 (c) , the Regulatory Authority must— cancel the approval in principle; or decide not to cancel the approval in principle.\n(sec.122-ssec.2) The Regulatory Authority must give the approval in principle holder written notice of the decision and the reasons for the decision within 7 days after the decision is made.\n(sec.122-ssec.3) The decision to cancel the approval in principle takes effect— 14 days after the Regulatory Authority gives notice of the decision; or if another period is specified by the Regulatory Authority, at the end of that period.\n(sec.122-ssec.4) The notice of a decision to cancel must set out the date on which the cancellation takes effect.\n- (a) cancel the approval in principle; or\n- (b) decide not to cancel the approval in principle.\n- (a) 14 days after the Regulatory Authority gives notice of the decision; or\n- (b) if another period is specified by the Regulatory Authority, at the end of that period.","sortOrder":157},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Expiry of approval in principle","content":"## Expiry of approval in principle","sortOrder":158},{"sectionNumber":"sec.123","sectionType":"section","heading":"Expiry of approval in principle","content":"### sec.123 Expiry of approval in principle\n\nAn approval in principle expires—\non the third anniversary of the day on which the approval in principle was granted; or\nif the approval in principle is extended under section 124 , on the day determined by the Regulatory Authority in accordance with that section.\nDespite subsection (1) , if an application for extension is made under section 124 before the expiry of the approval in principle, the approval in principle does not expire before the application for extension is determined by the Regulatory Authority.\nDespite subsection (1) , if an application for service approval is made before the expiry of the approval in principle, the approval in principle does not expire before the application for service approval is determined by the Regulatory Authority.\ns 123 prev s 123 om 2017 No. 9 (Vic) s 28\npres s 123 ins 2023 No. 33 (Vic) s 8\n(sec.123-ssec.1) An approval in principle expires— on the third anniversary of the day on which the approval in principle was granted; or if the approval in principle is extended under section 124 , on the day determined by the Regulatory Authority in accordance with that section.\n(sec.123-ssec.2) Despite subsection (1) , if an application for extension is made under section 124 before the expiry of the approval in principle, the approval in principle does not expire before the application for extension is determined by the Regulatory Authority.\n(sec.123-ssec.3) Despite subsection (1) , if an application for service approval is made before the expiry of the approval in principle, the approval in principle does not expire before the application for service approval is determined by the Regulatory Authority.\n- (a) on the third anniversary of the day on which the approval in principle was granted; or\n- (b) if the approval in principle is extended under section 124 , on the day determined by the Regulatory Authority in accordance with that section.","sortOrder":159},{"sectionNumber":"sec.124","sectionType":"section","heading":"Approval in principle may be extended","content":"### sec.124 Approval in principle may be extended\n\nAny time before an approval in principle expires, the Regulatory Authority may extend an approval in principle—\non the application of the approval in principle holder; or\nwithout an application.\nThe Regulatory Authority may extend an approval in principle for a period no longer than 3 years after the date on which the approval in principle would otherwise expire under section 123 (1) (a) .\nAn application for extension must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nThe Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\nIn determining an application for extension, the Regulatory Authority—\nmust consider whether, before the proposed new expiry date—\nthe construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\nan application for a service approval is likely to be made; and\nmay consider whether—\nthe proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\nthe approval in principle has previously been extended; and\nthe approval in principle has previously been reinstated.\nAfter considering an application for extension, the Regulatory Authority must—\ndecide to extend the approval in principle; or\nrefuse to extend the approval in principle.\nIf the Regulatory Authority decides to extend an approval in principle, the Regulatory Authority must—\namend the approval in principle to specify the new date on which the approval in principle expires; and\nprovide an amended copy of the approval in principle to the approval in principle holder.\nIf the Regulatory Authority decides not to extend an approval in principle, the Regulatory Authority must give the approval in principle holder written notice of its decision and the reasons for the decision within 7 days after the decision is made.\ns 124 prev s 124 om 2017 No. 9 (Vic) s 28\npres s 124 ins 2023 No. 33 (Vic) s 8\n(sec.124-ssec.1) Any time before an approval in principle expires, the Regulatory Authority may extend an approval in principle— on the application of the approval in principle holder; or without an application.\n(sec.124-ssec.2) The Regulatory Authority may extend an approval in principle for a period no longer than 3 years after the date on which the approval in principle would otherwise expire under section 123 (1) (a) .\n(sec.124-ssec.3) An application for extension must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.124-ssec.4) The Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\n(sec.124-ssec.5) In determining an application for extension, the Regulatory Authority— must consider whether, before the proposed new expiry date— the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and an application for a service approval is likely to be made; and may consider whether— the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and the approval in principle has previously been extended; and the approval in principle has previously been reinstated.\n(sec.124-ssec.6) After considering an application for extension, the Regulatory Authority must— decide to extend the approval in principle; or refuse to extend the approval in principle.\n(sec.124-ssec.7) If the Regulatory Authority decides to extend an approval in principle, the Regulatory Authority must— amend the approval in principle to specify the new date on which the approval in principle expires; and provide an amended copy of the approval in principle to the approval in principle holder.\n(sec.124-ssec.8) If the Regulatory Authority decides not to extend an approval in principle, the Regulatory Authority must give the approval in principle holder written notice of its decision and the reasons for the decision within 7 days after the decision is made.\n- (a) on the application of the approval in principle holder; or\n- (b) without an application.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.\n- (a) must consider whether, before the proposed new expiry date— (i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and (ii) an application for a service approval is likely to be made; and\n- (i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\n- (ii) an application for a service approval is likely to be made; and\n- (b) may consider whether— (i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and (ii) the approval in principle has previously been extended; and (iii) the approval in principle has previously been reinstated.\n- (i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\n- (ii) the approval in principle has previously been extended; and\n- (iii) the approval in principle has previously been reinstated.\n- (i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\n- (ii) an application for a service approval is likely to be made; and\n- (i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\n- (ii) the approval in principle has previously been extended; and\n- (iii) the approval in principle has previously been reinstated.\n- (a) decide to extend the approval in principle; or\n- (b) refuse to extend the approval in principle.\n- (a) amend the approval in principle to specify the new date on which the approval in principle expires; and\n- (b) provide an amended copy of the approval in principle to the approval in principle holder.","sortOrder":160},{"sectionNumber":"sec.125","sectionType":"section","heading":"Expired approval in principle may be reinstated","content":"### sec.125 Expired approval in principle may be reinstated\n\nIf an approval in principle expires, the former approval in principle holder may apply to the Regulatory Authority for reinstatement of the approval in principle.\nAn application for reinstatement must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nThe application for reinstatement must be made no later than 6 months after the date on which the approval in principle expired.\nThe Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\nIn determining whether to reinstate an approval in principle, the Regulatory Authority—\nmust consider whether, within the period that the approval in principle is to be reinstated—\nthe construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\nan application for a service approval is likely to be made; and\nmay consider whether—\nthe proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\nthe approval in principle has previously been extended; and\nthe approval in principle has previously expired and been reinstated.\nThe Regulatory Authority must—\nreinstate an approval in principle; or\nrefuse to reinstate an approval in principle.\nA reinstated approval in principle expires 12 months after the day on which the decision to reinstate the approval in principle is made.\nIf the Regulatory Authority reinstates an approval in principle, the Regulatory Authority must give the approval in principle holder a copy of the reinstated approval in principle which specifies the date on which the reinstated approval in principle expires.\nIf the Regulatory Authority refuses to reinstate an approval in principle, the Regulatory Authority must give the applicant written notice of its decision and the reasons for the decision within 7 days after the decision is made.\ns 125 prev s 125 om 2017 No. 9 (Vic) s 28\npres s 125 ins 2023 No. 33 (Vic) s 8\n(sec.125-ssec.1) If an approval in principle expires, the former approval in principle holder may apply to the Regulatory Authority for reinstatement of the approval in principle.\n(sec.125-ssec.2) An application for reinstatement must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.125-ssec.3) The application for reinstatement must be made no later than 6 months after the date on which the approval in principle expired.\n(sec.125-ssec.4) The Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\n(sec.125-ssec.5) In determining whether to reinstate an approval in principle, the Regulatory Authority— must consider whether, within the period that the approval in principle is to be reinstated— the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and an application for a service approval is likely to be made; and may consider whether— the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and the approval in principle has previously been extended; and the approval in principle has previously expired and been reinstated.\n(sec.125-ssec.6) The Regulatory Authority must— reinstate an approval in principle; or refuse to reinstate an approval in principle.\n(sec.125-ssec.7) A reinstated approval in principle expires 12 months after the day on which the decision to reinstate the approval in principle is made.\n(sec.125-ssec.8) If the Regulatory Authority reinstates an approval in principle, the Regulatory Authority must give the approval in principle holder a copy of the reinstated approval in principle which specifies the date on which the reinstated approval in principle expires.\n(sec.125-ssec.9) If the Regulatory Authority refuses to reinstate an approval in principle, the Regulatory Authority must give the applicant written notice of its decision and the reasons for the decision within 7 days after the decision is made.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.\n- (a) must consider whether, within the period that the approval in principle is to be reinstated— (i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and (ii) an application for a service approval is likely to be made; and\n- (i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\n- (ii) an application for a service approval is likely to be made; and\n- (b) may consider whether— (i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and (ii) the approval in principle has previously been extended; and (iii) the approval in principle has previously expired and been reinstated.\n- (i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\n- (ii) the approval in principle has previously been extended; and\n- (iii) the approval in principle has previously expired and been reinstated.\n- (i) the construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\n- (ii) an application for a service approval is likely to be made; and\n- (i) the proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\n- (ii) the approval in principle has previously been extended; and\n- (iii) the approval in principle has previously expired and been reinstated.\n- (a) reinstate an approval in principle; or\n- (b) refuse to reinstate an approval in principle.","sortOrder":161},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2017 No. 9 (Vic) s 28","sortOrder":162},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2017 No. 9 (Vic) s 28","sortOrder":163},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2017 No. 9 (Vic) s 28","sortOrder":164},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 om 2017 No. 9 (Vic) s 28","sortOrder":165},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 om 2017 No. 9 (Vic) s 28","sortOrder":166},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 om 2017 No. 9 (Vic) s 28","sortOrder":167},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 om 2017 No. 9 (Vic) s 28","sortOrder":168},{"sectionNumber":"pt.5","sectionType":"part","heading":"Assessments and ratings","content":"# Assessments and ratings","sortOrder":169},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Assessment and rating","content":"## Assessment and rating","sortOrder":170},{"sectionNumber":"sec.133","sectionType":"section","heading":"Assessment for rating purposes","content":"### sec.133 Assessment for rating purposes\n\nThe Regulatory Authority that granted the service approval for an education and care service may at any time assess the service in accordance with the national regulations to determine whether and at what rating level the service meets the National Quality Standard and the requirements of the national regulations.\nUntil an approved education and care service is first assessed under this Part, it is taken to have the prescribed provisional rating.\n(sec.133-ssec.1) The Regulatory Authority that granted the service approval for an education and care service may at any time assess the service in accordance with the national regulations to determine whether and at what rating level the service meets the National Quality Standard and the requirements of the national regulations.\n(sec.133-ssec.2) Until an approved education and care service is first assessed under this Part, it is taken to have the prescribed provisional rating.","sortOrder":171},{"sectionNumber":"sec.134","sectionType":"section","heading":"Rating levels","content":"### sec.134 Rating levels\n\nThe rating levels for the purposes of this Law are the levels prescribed by the national regulations.\nThe highest rating level prescribed by the national regulations can only be given by the National Authority under this Part.\n(sec.134-ssec.1) The rating levels for the purposes of this Law are the levels prescribed by the national regulations.\n(sec.134-ssec.2) The highest rating level prescribed by the national regulations can only be given by the National Authority under this Part.","sortOrder":172},{"sectionNumber":"sec.135","sectionType":"section","heading":"Rating of approved education and care service","content":"### sec.135 Rating of approved education and care service\n\nAfter carrying out a rating assessment of an approved education and care service, the Regulatory Authority must determine the rating level (other than the highest rating level)—\nfor each quality area stated in the National Quality Standard; and\nfor the overall rating of the service.\nIn determining a rating level, the Regulatory Authority may have regard to—\nany information obtained in the rating assessment; and\nany information obtained in any monitoring or investigation of the service under this Law; and\nthe service’s history of compliance with this Law as applying in any participating jurisdiction; and\nany other prescribed information.\n(sec.135-ssec.1) After carrying out a rating assessment of an approved education and care service, the Regulatory Authority must determine the rating level (other than the highest rating level)— for each quality area stated in the National Quality Standard; and for the overall rating of the service.\n(sec.135-ssec.2) In determining a rating level, the Regulatory Authority may have regard to— any information obtained in the rating assessment; and any information obtained in any monitoring or investigation of the service under this Law; and the service’s history of compliance with this Law as applying in any participating jurisdiction; and any other prescribed information.\n- (a) for each quality area stated in the National Quality Standard; and\n- (b) for the overall rating of the service.\n- (a) any information obtained in the rating assessment; and\n- (b) any information obtained in any monitoring or investigation of the service under this Law; and\n- (c) the service’s history of compliance with this Law as applying in any participating jurisdiction; and\n- (d) any other prescribed information.","sortOrder":173},{"sectionNumber":"sec.136","sectionType":"section","heading":"Notice to approved education and care service of rating","content":"### sec.136 Notice to approved education and care service of rating\n\nThe Regulatory Authority must give written notice to the approved provider of an approved education and care service of the outcome of the rating assessment and the rating levels for that service determined under section 135 .\nThe notice under subsection (1) must be given within 60 days—\nafter the completion of the assessment by an authorised officer under Part 9 of the premises of the approved education and care service for the purpose of the rating assessment; or\nif section 137 applies, after the end of the final period for review of the applicable decision or action referred to in section 137 (1) .\nA rating level set out in the notice is to be a rating level for the education and care service for the purposes of this Law unless a review of the rating level is sought under Division 3 or 4 .\n(sec.136-ssec.1) The Regulatory Authority must give written notice to the approved provider of an approved education and care service of the outcome of the rating assessment and the rating levels for that service determined under section 135 .\n(sec.136-ssec.2) The notice under subsection (1) must be given within 60 days— after the completion of the assessment by an authorised officer under Part 9 of the premises of the approved education and care service for the purpose of the rating assessment; or if section 137 applies, after the end of the final period for review of the applicable decision or action referred to in section 137 (1) .\n(sec.136-ssec.3) A rating level set out in the notice is to be a rating level for the education and care service for the purposes of this Law unless a review of the rating level is sought under Division 3 or 4 .\n- (a) after the completion of the assessment by an authorised officer under Part 9 of the premises of the approved education and care service for the purpose of the rating assessment; or\n- (b) if section 137 applies, after the end of the final period for review of the applicable decision or action referred to in section 137 (1) .","sortOrder":174},{"sectionNumber":"sec.137","sectionType":"section","heading":"Suspension of rating assessment","content":"### sec.137 Suspension of rating assessment\n\nThis section applies in respect of a rating assessment of an approved education and care service if the assessment has not been completed and—\nthe provider approval or the service approval for the service is suspended or cancelled; or\na compliance notice has been given to the approved provider in respect of the service; or\na notice has been given under section 179 in respect of the service; or\nan action has been taken under section 189 in respect of a child or children being educated and cared for by the service.\nThe Regulatory Authority must give the approved provider a written notice stating that notice of the outcome of the rating assessment will be given under section 136 within 60 days after—\nthe end of the final period for review of the decision or action referred to in subsection (1) ; or\nif that review is sought, the determination of the review.\n(sec.137-ssec.1) This section applies in respect of a rating assessment of an approved education and care service if the assessment has not been completed and— the provider approval or the service approval for the service is suspended or cancelled; or a compliance notice has been given to the approved provider in respect of the service; or a notice has been given under section 179 in respect of the service; or an action has been taken under section 189 in respect of a child or children being educated and cared for by the service.\n(sec.137-ssec.2) The Regulatory Authority must give the approved provider a written notice stating that notice of the outcome of the rating assessment will be given under section 136 within 60 days after— the end of the final period for review of the decision or action referred to in subsection (1) ; or if that review is sought, the determination of the review.\n- (a) the provider approval or the service approval for the service is suspended or cancelled; or\n- (b) a compliance notice has been given to the approved provider in respect of the service; or\n- (c) a notice has been given under section 179 in respect of the service; or\n- (d) an action has been taken under section 189 in respect of a child or children being educated and cared for by the service.\n- (a) the end of the final period for review of the decision or action referred to in subsection (1) ; or\n- (b) if that review is sought, the determination of the review.","sortOrder":175},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Reassessment and re-rating","content":"## Reassessment and re-rating","sortOrder":176},{"sectionNumber":"sec.138","sectionType":"section","heading":"Regulatory Authority may reassess and re-rate approved education and care service","content":"### sec.138 Regulatory Authority may reassess and re-rate approved education and care service\n\nThe Regulatory Authority may at any time reassess an approved education and care service or any aspect or element of an approved education and care service in accordance with the national regulations to determine whether and at what rating level it meets the National Quality Standard and the requirements of the national regulations for the purpose of rating that service.","sortOrder":177},{"sectionNumber":"sec.139","sectionType":"section","heading":"Application for reassessment and re-rating by approved provider","content":"### sec.139 Application for reassessment and re-rating by approved provider\n\nAn approved provider may apply to the Regulatory Authority for a reassessment and re-rating of an approved education and care service or any aspect or element of an approved education and care service which is rateable against the National Quality Standard or the national regulations.\nAn application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nAn application under this section can only be made once in every 2 year period, unless the Regulatory Authority agrees otherwise.\n(sec.139-ssec.1) An approved provider may apply to the Regulatory Authority for a reassessment and re-rating of an approved education and care service or any aspect or element of an approved education and care service which is rateable against the National Quality Standard or the national regulations.\n(sec.139-ssec.2) An application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.139-ssec.3) An application under this section can only be made once in every 2 year period, unless the Regulatory Authority agrees otherwise.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.","sortOrder":178},{"sectionNumber":"sec.140","sectionType":"section","heading":"Application of Division 1","content":"### sec.140 Application of Division 1\n\nDivision 1 applies (with any necessary changes) to a reassessment and re-rating of an approved education and care service or any aspect or element of an approved education and care service under this Division.","sortOrder":179},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Review by Regulatory Authority","content":"## Review by Regulatory Authority","sortOrder":180},{"sectionNumber":"sec.141","sectionType":"section","heading":"Review by Regulatory Authority","content":"### sec.141 Review by Regulatory Authority\n\nThis section applies to an approved provider that is given a notice under section 136 .\nThe approved provider may ask the Regulatory Authority that determined the rating levels to review the rating levels.\nA request must be made within 14 days after the approved provider receives the notice.\nA request must—\nbe in writing; and\nset out the grounds on which review is sought; and\nbe accompanied by the prescribed information; and\ninclude payment of the prescribed fee.\n(sec.141-ssec.1) This section applies to an approved provider that is given a notice under section 136 .\n(sec.141-ssec.2) The approved provider may ask the Regulatory Authority that determined the rating levels to review the rating levels.\n(sec.141-ssec.3) A request must be made within 14 days after the approved provider receives the notice.\n(sec.141-ssec.4) A request must— be in writing; and set out the grounds on which review is sought; and be accompanied by the prescribed information; and include payment of the prescribed fee.\n- (a) be in writing; and\n- (b) set out the grounds on which review is sought; and\n- (c) be accompanied by the prescribed information; and\n- (d) include payment of the prescribed fee.","sortOrder":181},{"sectionNumber":"sec.142","sectionType":"section","heading":"Process for review","content":"### sec.142 Process for review\n\nThe person who conducts a review of rating levels for an approved education and care service for the Regulatory Authority must not be a person who was involved in the assessment or rating of the service.\nThe person conducting the review may ask the approved provider and any person who was involved in the assessment or rating of the service for further information.\nA review under this section must be conducted within 30 days after the application for review is received.\nThe Regulatory Authority may extend the 30 day review period under subsection (3) in one of the following circumstances—\nfor an additional period of up to 30 days, if a request for further information is made under subsection (2) ;\nfor an additional period of up to 30 days, by agreement between the approved provider and the Regulatory Authority;\nfor an additional period of up to 60 days, where the Regulatory Authority considers there are special circumstances that warrant an extension of time to conduct the review.\ns 142 amd 2017 No. 9 (Vic) s 29\n(sec.142-ssec.1) The person who conducts a review of rating levels for an approved education and care service for the Regulatory Authority must not be a person who was involved in the assessment or rating of the service.\n(sec.142-ssec.2) The person conducting the review may ask the approved provider and any person who was involved in the assessment or rating of the service for further information.\n(sec.142-ssec.3) A review under this section must be conducted within 30 days after the application for review is received.\n(sec.142-ssec.4) The Regulatory Authority may extend the 30 day review period under subsection (3) in one of the following circumstances— for an additional period of up to 30 days, if a request for further information is made under subsection (2) ; for an additional period of up to 30 days, by agreement between the approved provider and the Regulatory Authority; for an additional period of up to 60 days, where the Regulatory Authority considers there are special circumstances that warrant an extension of time to conduct the review. s 142 amd 2017 No. 9 (Vic) s 29\n- (a) for an additional period of up to 30 days, if a request for further information is made under subsection (2) ;\n- (b) for an additional period of up to 30 days, by agreement between the approved provider and the Regulatory Authority;\n- (c) for an additional period of up to 60 days, where the Regulatory Authority considers there are special circumstances that warrant an extension of time to conduct the review.","sortOrder":182},{"sectionNumber":"sec.143","sectionType":"section","heading":"Outcome of review by Regulatory Authority","content":"### sec.143 Outcome of review by Regulatory Authority\n\nFollowing a review under section 142 , the Regulatory Authority may—\nconfirm the specific rating levels or the overall rating or both; or\namend the specific rating levels or the overall rating or both.\nThe Regulatory Authority must give the approved provider written notice of the decision on the review within 30 days after the decision is made.\nThe notice must set out—\nthe rating levels and overall rating for the approved education and care service; and\nthe reasons for the decision.\nUnless an application is made under Division 4 for a review of the rating levels, the rating levels set out in the notice are the rating levels for the approved education and care service for the purposes of this Law.\n(sec.143-ssec.1) Following a review under section 142 , the Regulatory Authority may— confirm the specific rating levels or the overall rating or both; or amend the specific rating levels or the overall rating or both.\n(sec.143-ssec.2) The Regulatory Authority must give the approved provider written notice of the decision on the review within 30 days after the decision is made.\n(sec.143-ssec.3) The notice must set out— the rating levels and overall rating for the approved education and care service; and the reasons for the decision.\n(sec.143-ssec.4) Unless an application is made under Division 4 for a review of the rating levels, the rating levels set out in the notice are the rating levels for the approved education and care service for the purposes of this Law.\n- (a) confirm the specific rating levels or the overall rating or both; or\n- (b) amend the specific rating levels or the overall rating or both.\n- (a) the rating levels and overall rating for the approved education and care service; and\n- (b) the reasons for the decision.","sortOrder":183},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Review by Ratings Review Panel","content":"## Review by Ratings Review Panel","sortOrder":184},{"sectionNumber":"sec.144","sectionType":"section","heading":"Application for further review by Ratings Review Panel","content":"### sec.144 Application for further review by Ratings Review Panel\n\nThis section applies if the Regulatory Authority has conducted a review of any rating levels of an approved education and care service under Division 3 .\nThe approved provider may apply to the National Authority for a further review by a Ratings Review Panel of the rating levels confirmed or amended by the Regulatory Authority under Division 3 .\nAn application may only be made on the ground that the Regulatory Authority—\ndid not appropriately apply the prescribed processes for determining a rating level; or\nfailed to take into account or give sufficient weight to special circumstances existing or facts existing at the time of the rating assessment.\n(sec.144-ssec.1) This section applies if the Regulatory Authority has conducted a review of any rating levels of an approved education and care service under Division 3 .\n(sec.144-ssec.2) The approved provider may apply to the National Authority for a further review by a Ratings Review Panel of the rating levels confirmed or amended by the Regulatory Authority under Division 3 .\n(sec.144-ssec.3) An application may only be made on the ground that the Regulatory Authority— did not appropriately apply the prescribed processes for determining a rating level; or failed to take into account or give sufficient weight to special circumstances existing or facts existing at the time of the rating assessment.\n- (a) did not appropriately apply the prescribed processes for determining a rating level; or\n- (b) failed to take into account or give sufficient weight to special circumstances existing or facts existing at the time of the rating assessment.","sortOrder":185},{"sectionNumber":"sec.145","sectionType":"section","heading":"Form and time of application","content":"### sec.145 Form and time of application\n\nAn application must be made under section 144 within 14 days after the decision of the Regulatory Authority is received under Division 3 .\nAn application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nAn application must not include information or evidence that was not given to the Regulatory Authority for the purpose of a determination under Division 1 , 2 or 3 .\nThe National Authority must—\nwithin 7 days after receipt of the application, give written notice to the Regulatory Authority of an application under this Division to review a determination of the Regulatory Authority; and\ninvite the Regulatory Authority to make submissions to the review.\n(sec.145-ssec.1) An application must be made under section 144 within 14 days after the decision of the Regulatory Authority is received under Division 3 .\n(sec.145-ssec.2) An application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.145-ssec.3) An application must not include information or evidence that was not given to the Regulatory Authority for the purpose of a determination under Division 1 , 2 or 3 .\n(sec.145-ssec.4) The National Authority must— within 7 days after receipt of the application, give written notice to the Regulatory Authority of an application under this Division to review a determination of the Regulatory Authority; and invite the Regulatory Authority to make submissions to the review.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.\n- (a) within 7 days after receipt of the application, give written notice to the Regulatory Authority of an application under this Division to review a determination of the Regulatory Authority; and\n- (b) invite the Regulatory Authority to make submissions to the review.","sortOrder":186},{"sectionNumber":"sec.146","sectionType":"section","heading":"Establishment of Ratings Review Panel","content":"### sec.146 Establishment of Ratings Review Panel\n\nThe Board must establish a Ratings Review Panel for the purposes of conducting a review under this Division.\nThe Panel is to consist of up to 3 members appointed by the Board.\nOne of the members is to be appointed as chairperson.\nThe members are to be appointed from the Review Panel pool established under section 147 .\n(sec.146-ssec.1) The Board must establish a Ratings Review Panel for the purposes of conducting a review under this Division.\n(sec.146-ssec.2) The Panel is to consist of up to 3 members appointed by the Board.\n(sec.146-ssec.3) One of the members is to be appointed as chairperson.\n(sec.146-ssec.4) The members are to be appointed from the Review Panel pool established under section 147 .","sortOrder":187},{"sectionNumber":"sec.147","sectionType":"section","heading":"Review Panel pool","content":"### sec.147 Review Panel pool\n\nThe Board must establish a pool of persons to act as members of a Ratings Review Panel.\nThe pool may consist of persons nominated by the Regulatory Authorities of each participating jurisdiction and the Commonwealth Minister.\nSubject to subsection (4) , the persons approved as members of the pool must have expertise or expert knowledge in one or more of the following areas—\nearly learning and development research or practice;\nlaw;\na prescribed area.\nA member of staff of the National Authority may be approved as a member of the pool.\n(sec.147-ssec.1) The Board must establish a pool of persons to act as members of a Ratings Review Panel.\n(sec.147-ssec.2) The pool may consist of persons nominated by the Regulatory Authorities of each participating jurisdiction and the Commonwealth Minister.\n(sec.147-ssec.3) Subject to subsection (4) , the persons approved as members of the pool must have expertise or expert knowledge in one or more of the following areas— early learning and development research or practice; law; a prescribed area.\n(sec.147-ssec.4) A member of staff of the National Authority may be approved as a member of the pool.\n- (a) early learning and development research or practice;\n- (b) law;\n- (c) a prescribed area.","sortOrder":188},{"sectionNumber":"sec.148","sectionType":"section","heading":"Procedure of Panel","content":"### sec.148 Procedure of Panel\n\nSubject to this Law, the procedure of a Ratings Review Panel is in its discretion.\nThe chairperson of a Panel must convene meetings of the Panel.\nA Panel must keep minutes of its deliberations setting out—\nthe dates and duration of its deliberations; and\nits decisions on the review.\nThe Panel must seek to make decisions by consensus.\nIn the absence of a consensus, a decision of the Panel is a decision of the majority of the members of the Panel.\nIf a majority decision is not reached, the Panel is taken to have confirmed the rating levels determined by the Regulatory Authority.\n(sec.148-ssec.1) Subject to this Law, the procedure of a Ratings Review Panel is in its discretion.\n(sec.148-ssec.2) The chairperson of a Panel must convene meetings of the Panel.\n(sec.148-ssec.3) A Panel must keep minutes of its deliberations setting out— the dates and duration of its deliberations; and its decisions on the review.\n(sec.148-ssec.4) The Panel must seek to make decisions by consensus.\n(sec.148-ssec.5) In the absence of a consensus, a decision of the Panel is a decision of the majority of the members of the Panel.\n(sec.148-ssec.6) If a majority decision is not reached, the Panel is taken to have confirmed the rating levels determined by the Regulatory Authority.\n- (a) the dates and duration of its deliberations; and\n- (b) its decisions on the review.","sortOrder":189},{"sectionNumber":"sec.149","sectionType":"section","heading":"Transaction of business by alternative means","content":"### sec.149 Transaction of business by alternative means\n\nA Ratings Review Panel may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Panel for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Panel.\nThe Panel may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\nPapers may be circulated among the members for the purposes of subsection (1) by facsimile, email or other transmission of the information in the papers concerned.\n(sec.149-ssec.1) A Ratings Review Panel may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Panel for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Panel.\n(sec.149-ssec.2) The Panel may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n(sec.149-ssec.3) Papers may be circulated among the members for the purposes of subsection (1) by facsimile, email or other transmission of the information in the papers concerned.","sortOrder":190},{"sectionNumber":"sec.150","sectionType":"section","heading":"Conduct of review","content":"### sec.150 Conduct of review\n\nIn conducting a review, the Ratings Review Panel may consider—\nany documents or other information or plans, photographs or video or other evidence available to the Regulatory Authority in carrying out the rating assessment; and\nthe approved provider’s history of compliance with this Law as applying in any participating jurisdiction; and\nthe approved education and care service’s history of compliance with this Law as applying in any participating jurisdiction; and\nthe application for review to the Regulatory Authority; and\nany submissions made by the approved provider to the review by the Regulatory Authority; and\nthe written findings on the review by the Regulatory Authority; and\nthe application for review to the Ratings Review Panel; and\nany written submissions or responses made to the Ratings Review Panel by the approved provider; and\nany written submissions or responses made to the Ratings Review Panel by the Regulatory Authority relating to the stated grounds for review; and\nany advice received from the National Authority, at the request of the Ratings Review Panel, about how the prescribed processes for rating assessments are intended to be applied that is relevant to the review.\nThe Ratings Review Panel is not required to hold an oral hearing for a review.\nThe Ratings Review Panel may ask the Regulatory Authority to provide in writing any information in relation to the assessment.\nThe Ratings Review Panel may ask the approved provider for further written information in relation to its application.\nThe Ratings Review Panel must ensure that the approved provider is provided with a copy of, and an opportunity to respond in writing to, any documents, information or evidence provided to the Panel by the Regulatory Authority.\n(sec.150-ssec.1) In conducting a review, the Ratings Review Panel may consider— any documents or other information or plans, photographs or video or other evidence available to the Regulatory Authority in carrying out the rating assessment; and the approved provider’s history of compliance with this Law as applying in any participating jurisdiction; and the approved education and care service’s history of compliance with this Law as applying in any participating jurisdiction; and the application for review to the Regulatory Authority; and any submissions made by the approved provider to the review by the Regulatory Authority; and the written findings on the review by the Regulatory Authority; and the application for review to the Ratings Review Panel; and any written submissions or responses made to the Ratings Review Panel by the approved provider; and any written submissions or responses made to the Ratings Review Panel by the Regulatory Authority relating to the stated grounds for review; and any advice received from the National Authority, at the request of the Ratings Review Panel, about how the prescribed processes for rating assessments are intended to be applied that is relevant to the review.\n(sec.150-ssec.2) The Ratings Review Panel is not required to hold an oral hearing for a review.\n(sec.150-ssec.3) The Ratings Review Panel may ask the Regulatory Authority to provide in writing any information in relation to the assessment.\n(sec.150-ssec.4) The Ratings Review Panel may ask the approved provider for further written information in relation to its application.\n(sec.150-ssec.5) The Ratings Review Panel must ensure that the approved provider is provided with a copy of, and an opportunity to respond in writing to, any documents, information or evidence provided to the Panel by the Regulatory Authority.\n- (a) any documents or other information or plans, photographs or video or other evidence available to the Regulatory Authority in carrying out the rating assessment; and\n- (b) the approved provider’s history of compliance with this Law as applying in any participating jurisdiction; and\n- (c) the approved education and care service’s history of compliance with this Law as applying in any participating jurisdiction; and\n- (d) the application for review to the Regulatory Authority; and\n- (e) any submissions made by the approved provider to the review by the Regulatory Authority; and\n- (f) the written findings on the review by the Regulatory Authority; and\n- (g) the application for review to the Ratings Review Panel; and\n- (h) any written submissions or responses made to the Ratings Review Panel by the approved provider; and\n- (i) any written submissions or responses made to the Ratings Review Panel by the Regulatory Authority relating to the stated grounds for review; and\n- (j) any advice received from the National Authority, at the request of the Ratings Review Panel, about how the prescribed processes for rating assessments are intended to be applied that is relevant to the review.","sortOrder":191},{"sectionNumber":"sec.151","sectionType":"section","heading":"Decision on review by Ratings Review Panel","content":"### sec.151 Decision on review by Ratings Review Panel\n\nFollowing a review, the Ratings Review Panel may—\nconfirm the rating levels determined by the Regulatory Authority; or\namend the rating levels.\nThe Ratings Review Panel must make a decision on the review within 60 days after the application for review was made.\nThe chairperson of the Panel may extend the period for the making of a decision by a Ratings Review Panel if the chairperson considers there are special circumstances that warrant that extension.\nThe period for the making of a decision by a Ratings Review Panel may be extended by agreement between the chairperson of the Panel and the approved provider.\nThe Ratings Review Panel must give the approved provider, the Regulatory Authority and the National Authority written notice of the decision on the review within 14 days after the decision is made setting out its findings on each review ground.\nA rating level confirmed or amended on a review under this Division by the Ratings Review Panel is the rating level for the approved education and care service for the purposes of this Law.\n(sec.151-ssec.1) Following a review, the Ratings Review Panel may— confirm the rating levels determined by the Regulatory Authority; or amend the rating levels.\n(sec.151-ssec.2) The Ratings Review Panel must make a decision on the review within 60 days after the application for review was made.\n(sec.151-ssec.3) The chairperson of the Panel may extend the period for the making of a decision by a Ratings Review Panel if the chairperson considers there are special circumstances that warrant that extension.\n(sec.151-ssec.4) The period for the making of a decision by a Ratings Review Panel may be extended by agreement between the chairperson of the Panel and the approved provider.\n(sec.151-ssec.5) The Ratings Review Panel must give the approved provider, the Regulatory Authority and the National Authority written notice of the decision on the review within 14 days after the decision is made setting out its findings on each review ground.\n(sec.151-ssec.6) A rating level confirmed or amended on a review under this Division by the Ratings Review Panel is the rating level for the approved education and care service for the purposes of this Law.\n- (a) confirm the rating levels determined by the Regulatory Authority; or\n- (b) amend the rating levels.","sortOrder":192},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Awarding of highest rating","content":"## Awarding of highest rating","sortOrder":193},{"sectionNumber":"sec.152","sectionType":"section","heading":"Application for highest rating","content":"### sec.152 Application for highest rating\n\nAn approved provider may apply to the National Authority for an approved education and care service operated by that provider to be assessed for the highest rating level for the education and care service if the criteria determined by the National Authority are met.\nThe highest rating level is an overall rating of the education and care service.\nAn application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\nAn application may be made only once every 3 years, unless the National Authority determines otherwise in a particular case.\nAn application may be made for the highest rating level only if the approved education and care service holds the rating levels prescribed for the purposes of this section.\ns 152 amd 2017 No. 9 (Vic) s 30\n(sec.152-ssec.1) An approved provider may apply to the National Authority for an approved education and care service operated by that provider to be assessed for the highest rating level for the education and care service if the criteria determined by the National Authority are met.\n(sec.152-ssec.2) The highest rating level is an overall rating of the education and care service.\n(sec.152-ssec.3) An application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n(sec.152-ssec.4) An application may be made only once every 3 years, unless the National Authority determines otherwise in a particular case.\n(sec.152-ssec.5) An application may be made for the highest rating level only if the approved education and care service holds the rating levels prescribed for the purposes of this section.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.","sortOrder":194},{"sectionNumber":"sec.153","sectionType":"section","heading":"Assessment of education and care service","content":"### sec.153 Assessment of education and care service\n\nThe National Authority may determine and publish criteria that must be met by approved education and care services in respect of the award of the highest rating level.\nThe Board must assess the approved education and care service in accordance with the criteria published under subsection (1) to determine whether the service meets the highest rating level in meeting the National Quality Standard and the requirements of the national regulations.\nThe Board must ask for, and take into account, the advice of the Regulatory Authority in carrying out the assessment.\nThe advice of the Regulatory Authority may include—\nprevious rating assessments and ratings for the education and care service; and\ninformation about the service’s compliance history; and\nany other relevant information.\n(sec.153-ssec.1) The National Authority may determine and publish criteria that must be met by approved education and care services in respect of the award of the highest rating level.\n(sec.153-ssec.2) The Board must assess the approved education and care service in accordance with the criteria published under subsection (1) to determine whether the service meets the highest rating level in meeting the National Quality Standard and the requirements of the national regulations.\n(sec.153-ssec.3) The Board must ask for, and take into account, the advice of the Regulatory Authority in carrying out the assessment.\n(sec.153-ssec.4) The advice of the Regulatory Authority may include— previous rating assessments and ratings for the education and care service; and information about the service’s compliance history; and any other relevant information.\n- (a) previous rating assessments and ratings for the education and care service; and\n- (b) information about the service’s compliance history; and\n- (c) any other relevant information.","sortOrder":195},{"sectionNumber":"sec.154","sectionType":"section","heading":"Board may seek information and documents","content":"### sec.154 Board may seek information and documents\n\nThe Board for the purposes of the rating assessment may—\nask the approved provider of the approved education and care service for any information and documents; and\nmake any inquiries it considers appropriate.\nIf the Board asks the approved provider for further information and documents under subsection (1) , the period from the making of the request until the provision of the further information and documents is not included in the period referred to in section 155 (2) for the Board to make a decision on the application.\n(sec.154-ssec.1) The Board for the purposes of the rating assessment may— ask the approved provider of the approved education and care service for any information and documents; and make any inquiries it considers appropriate.\n(sec.154-ssec.2) If the Board asks the approved provider for further information and documents under subsection (1) , the period from the making of the request until the provision of the further information and documents is not included in the period referred to in section 155 (2) for the Board to make a decision on the application.\n- (a) ask the approved provider of the approved education and care service for any information and documents; and\n- (b) make any inquiries it considers appropriate.","sortOrder":196},{"sectionNumber":"sec.155","sectionType":"section","heading":"Decision on application","content":"### sec.155 Decision on application\n\nAfter assessing the approved education and care service, the Board must—\nif it is satisfied that it is appropriate to do so, give the approved education and care service the highest rating level; or\notherwise refuse to give that rating.\nThe Board must make its decision within 60 days after the application is received.\nThe period specified in subsection (2) may be extended by up to 30 days—\nif a request for information and documents is made under section 154 ; or\nby agreement between the approved provider and the Board.\nIf the Board gives the highest rating level to an approved education and care service, that rating becomes the rating level for that service.\nThe highest rating level awarded to an approved education and care service applies to that service for 5 years, unless sooner revoked.\ns 155 amd 2022 No. 43 (Vic) s 34\n(sec.155-ssec.1) After assessing the approved education and care service, the Board must— if it is satisfied that it is appropriate to do so, give the approved education and care service the highest rating level; or otherwise refuse to give that rating.\n(sec.155-ssec.2) The Board must make its decision within 60 days after the application is received.\n(sec.155-ssec.3) The period specified in subsection (2) may be extended by up to 30 days— if a request for information and documents is made under section 154 ; or by agreement between the approved provider and the Board.\n(sec.155-ssec.4) If the Board gives the highest rating level to an approved education and care service, that rating becomes the rating level for that service.\n(sec.155-ssec.5) The highest rating level awarded to an approved education and care service applies to that service for 5 years, unless sooner revoked.\n- (a) if it is satisfied that it is appropriate to do so, give the approved education and care service the highest rating level; or\n- (b) otherwise refuse to give that rating.\n- (a) if a request for information and documents is made under section 154 ; or\n- (b) by agreement between the approved provider and the Board.","sortOrder":197},{"sectionNumber":"sec.156","sectionType":"section","heading":"Notice of decision","content":"### sec.156 Notice of decision\n\nThe Board must give written notice of its decision under section 155 in relation to an approved education and care service to—\nthe approved provider; and\nthe Regulatory Authority.\nThe notice must be given within 14 days of making the decision.\n(sec.156-ssec.1) The Board must give written notice of its decision under section 155 in relation to an approved education and care service to— the approved provider; and the Regulatory Authority.\n(sec.156-ssec.2) The notice must be given within 14 days of making the decision.\n- (a) the approved provider; and\n- (b) the Regulatory Authority.","sortOrder":198},{"sectionNumber":"sec.157","sectionType":"section","heading":"Reassessment of highest rating level","content":"### sec.157 Reassessment of highest rating level\n\nThe Board may at any time reassess an approved education and care service in accordance with section 153 .","sortOrder":199},{"sectionNumber":"sec.158","sectionType":"section","heading":"Revocation of highest rating level","content":"### sec.158 Revocation of highest rating level\n\nThe Board must revoke the highest rating level of an approved education and care service if—\nit determines that the service no longer meets the criteria for the highest rating level; or\nthe Regulatory Authority advises the Board that the service no longer meets the requirements for the rating levels prescribed for the purposes of section 152 (5) .\ns 158 amd 2017 No. 9 (Vic) s 32\n- (a) it determines that the service no longer meets the criteria for the highest rating level; or\n- (b) the Regulatory Authority advises the Board that the service no longer meets the requirements for the rating levels prescribed for the purposes of section 152 (5) .","sortOrder":200},{"sectionNumber":"sec.159","sectionType":"section","heading":"Re-application for highest rating level","content":"### sec.159 Re-application for highest rating level\n\nAn approved provider of an approved education and care service that has been awarded the highest rating level may reapply for the award of the highest rating level for the service.\nThe application must be made within 90 days before the expiry of the existing highest rating level for the approved education and care service.\nThe application must—\nbe in writing; and\ninclude the prescribed information; and\ninclude payment of the prescribed fee.\n(sec.159-ssec.1) An approved provider of an approved education and care service that has been awarded the highest rating level may reapply for the award of the highest rating level for the service.\n(sec.159-ssec.2) The application must be made within 90 days before the expiry of the existing highest rating level for the approved education and care service.\n(sec.159-ssec.3) The application must— be in writing; and include the prescribed information; and include payment of the prescribed fee.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) include payment of the prescribed fee.","sortOrder":201},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Publication of rating levels","content":"## Publication of rating levels","sortOrder":202},{"sectionNumber":"sec.160","sectionType":"section","heading":"Publication of ratings","content":"### sec.160 Publication of ratings\n\nThe National Authority must publish the rating levels for an approved education and care service in accordance with this section.\nThe National Authority must publish any rating levels determined under Division 1 or 2 at the end of the period for requesting a review of the rating levels under Division 3 if no request for review is received in that period.\nIf a review by the Regulatory Authority is requested under Division 3 , the rating levels must be published at the end of the period for requesting a further review of the rating under Division 4 if no request for further review is received in that period.\nIf a further review is requested under Division 4 , the rating levels must be published after the notification to the approved provider of the decision on the review.\nThe National Authority must publish notice of the giving of the highest rating level to an approved education and care service under Division 5 , as soon as possible after the Regulatory Authority and the approved provider are notified of the decision of the Board under that Division.\n(sec.160-ssec.1) The National Authority must publish the rating levels for an approved education and care service in accordance with this section.\n(sec.160-ssec.2) The National Authority must publish any rating levels determined under Division 1 or 2 at the end of the period for requesting a review of the rating levels under Division 3 if no request for review is received in that period.\n(sec.160-ssec.3) If a review by the Regulatory Authority is requested under Division 3 , the rating levels must be published at the end of the period for requesting a further review of the rating under Division 4 if no request for further review is received in that period.\n(sec.160-ssec.4) If a further review is requested under Division 4 , the rating levels must be published after the notification to the approved provider of the decision on the review.\n(sec.160-ssec.5) The National Authority must publish notice of the giving of the highest rating level to an approved education and care service under Division 5 , as soon as possible after the Regulatory Authority and the approved provider are notified of the decision of the Board under that Division.","sortOrder":203},{"sectionNumber":"pt.6","sectionType":"part","heading":"Operating an education and care service","content":"# Operating an education and care service","sortOrder":204},{"sectionNumber":"sec.161","sectionType":"section","heading":"Offence to operate education and care service without nominated supervisor","content":"### sec.161 Offence to operate education and care service without nominated supervisor\n\nThe approved provider of an education and care service must not operate the service unless there is at least one nominated supervisor for that service.\nPenalty:\n$17 100, in the case of an individual.\n$86 100, in any other case.\ns 161 amd 2017 No. 9 (Vic) s 32 ; 2022 No. 43 (Vic) s 61 ; 2025 No. 53 (Vic) s 22","sortOrder":205},{"sectionNumber":"sec.161A","sectionType":"section","heading":"Offence for nominated supervisor not to meet prescribed minimum requirements","content":"### sec.161A Offence for nominated supervisor not to meet prescribed minimum requirements\n\nThe approved provider of an education and care service must not nominate an individual to be a nominated supervisor of that service unless that individual meets the prescribed minimum requirements for nomination as a nominated supervisor.\nPenalty:\n$17 100, in the case of an individual.\n$86 100, in any other case.\ns 161A ins 2017 No. 9 (Vic) s 33\namd 2022 No. 43 (Vic) s 62 ; 2025 No. 53 (Vic) s 23","sortOrder":206},{"sectionNumber":"sec.162","sectionType":"section","heading":"Offence to operate education and care service unless responsible person is present","content":"### sec.162 Offence to operate education and care service unless responsible person is present\n\nThe approved provider of an education and care service must ensure that one of the following persons is present at all times that the service is educating and caring for children—\nthe approved provider, if the approved provider is an individual or, in any other case, a person with management or control of an education and care service operated by the approved provider;\na nominated supervisor of the service;\na person in day-to-day charge of the service.\nPenalty:\n$17 100, in the case of an individual.\n$86 100, in any other case.\nThis section does not apply to an approved family day care service.\ns 162 amd 2017 No. 9 (Vic) s 34 ; 2022 No. 43 (Vic) s 63 ; 2025 No. 53 (Vic) s 24\n(sec.162-ssec.1) The approved provider of an education and care service must ensure that one of the following persons is present at all times that the service is educating and caring for children— the approved provider, if the approved provider is an individual or, in any other case, a person with management or control of an education and care service operated by the approved provider; a nominated supervisor of the service; a person in day-to-day charge of the service. Penalty: $17 100, in the case of an individual. $86 100, in any other case.\n(sec.162-ssec.2) This section does not apply to an approved family day care service.\n- (a) the approved provider, if the approved provider is an individual or, in any other case, a person with management or control of an education and care service operated by the approved provider;\n- (b) a nominated supervisor of the service;\n- (c) a person in day-to-day charge of the service.","sortOrder":207},{"sectionNumber":"sec.162A","sectionType":"section","heading":"Child protection training","content":"### sec.162A Child protection training\n\nAn approved provider of an education and care service must ensure that each of the following persons completes prescribed child protection training within the prescribed period—\na nominated supervisor of the service;\na person in day-to-day charge of the service;\na staff member of the service;\na volunteer at the service.\nPenalty:\n$6600, in the case of an individual.\n$34 200, in any other case.\ns 162A ins 2017 No. 9 (Vic) s 35\nsub 2022 No. 43 (Vic) s 35 ; 2025 No. 53 (Vic) s 78\n- (a) a nominated supervisor of the service;\n- (b) a person in day-to-day charge of the service;\n- (c) a staff member of the service;\n- (d) a volunteer at the service.","sortOrder":208},{"sectionNumber":"sec.162B","sectionType":"section","heading":"Child safety training","content":"### sec.162B Child safety training\n\nAn approved provider of an education and care service must ensure that each of the following persons completes prescribed child safety training within the prescribed period—\na person with management and control of the service;\na nominated supervisor of the service;\na person in day-to-day charge of the service;\na staff member of the service;\na volunteer at the service.\nPenalty:\n$6600, in the case of an individual.\n$34 200, in any other case.\ns 162B ins 2025 No. 53 (Vic) s 78\n- (a) a person with management and control of the service;\n- (b) a nominated supervisor of the service;\n- (c) a person in day-to-day charge of the service;\n- (d) a staff member of the service;\n- (e) a volunteer at the service.","sortOrder":209},{"sectionNumber":"sec.163","sectionType":"section","heading":"Offence relating to appointment or engagement of family day care co-ordinators","content":"### sec.163 Offence relating to appointment or engagement of family day care co-ordinators\n\nThe approved provider of a family day care service must ensure that at all times the prescribed minimum number of qualified persons are employed or engaged as family day care co-ordinators of the family day care service—\nto assist with the operation of the family day care service; and\nto support, monitor and train the family day care educators of that service.\nPenalty:\n$17 100, in the case of an individual.\n$86 100, in any other case.\nA person is a qualified person under this section if the person has the qualifications prescribed by the national regulations.\ns 163 amd 2017 No. 9 (Vic) s 36 ; 2022 No. 43 (Vic) s 64 ; 2025 No. 53 (Vic) s 25\n(sec.163-ssec.1) The approved provider of a family day care service must ensure that at all times the prescribed minimum number of qualified persons are employed or engaged as family day care co-ordinators of the family day care service— to assist with the operation of the family day care service; and to support, monitor and train the family day care educators of that service. Penalty: $17 100, in the case of an individual. $86 100, in any other case.\n(sec.163-ssec.2) A person is a qualified person under this section if the person has the qualifications prescribed by the national regulations.\n- (a) to assist with the operation of the family day care service; and\n- (b) to support, monitor and train the family day care educators of that service.","sortOrder":210},{"sectionNumber":"sec.164","sectionType":"section","heading":"Offence relating to assistance to family day care educators","content":"### sec.164 Offence relating to assistance to family day care educators\n\nThe approved provider of a family day care service must ensure that, at all times that a family day care educator is educating and caring for a child as part of the service, one of the following persons is available to provide support to the family day care educator—\nthe approved provider, if the approved provider is an individual, or a person with management or control of the family day care service, in any other case;\na nominated supervisor of the service;\na person in day-to-day charge of the service.\nPenalty:\n$17 100, in the case of an individual.\n$86 100, in any other case.\nFor the purposes of this section, the requirement to be available to provide support to a family day care educator includes being available to be contacted by telephone to provide advice and assistance to the family day care educator.\ns 164 amd 2017 No. 9 (Vic) s 37 ; 2022 No. 43 (Vic) s 65 ; 2025 No. 53 (Vic) s 26\n(sec.164-ssec.1) The approved provider of a family day care service must ensure that, at all times that a family day care educator is educating and caring for a child as part of the service, one of the following persons is available to provide support to the family day care educator— the approved provider, if the approved provider is an individual, or a person with management or control of the family day care service, in any other case; a nominated supervisor of the service; a person in day-to-day charge of the service. Penalty: $17 100, in the case of an individual. $86 100, in any other case.\n(sec.164-ssec.2) For the purposes of this section, the requirement to be available to provide support to a family day care educator includes being available to be contacted by telephone to provide advice and assistance to the family day care educator.\n- (a) the approved provider, if the approved provider is an individual, or a person with management or control of the family day care service, in any other case;\n- (b) a nominated supervisor of the service;\n- (c) a person in day-to-day charge of the service.","sortOrder":211},{"sectionNumber":"sec.164A","sectionType":"section","heading":"Offence relating to the education and care of children by family day care service","content":"### sec.164A Offence relating to the education and care of children by family day care service\n\nThe approved provider of a family day care service must ensure that any child being educated and cared for as part of the service is not educated and cared for by a person other than a family day care educator, except in the circumstances prescribed by the national regulations.\nPenalty:\n$34 200, in the case of an individual.\n$172 200, in any other case.\nA family day care educator must ensure that any child being educated and cared for by the educator as part of a family day care service is not educated or cared for by any other person at the family day care residence or approved family day care venue, except in the circumstances prescribed by the national regulations.\nPenalty: $6600.\ns 164A ins 2017 No. 9 (Vic) s 38\namd 2022 No. 43 (Vic) s 66 ; 2025 No. 53 (Vic) s 27\n(sec.164A-ssec.1) The approved provider of a family day care service must ensure that any child being educated and cared for as part of the service is not educated and cared for by a person other than a family day care educator, except in the circumstances prescribed by the national regulations. Penalty: $34 200, in the case of an individual. $172 200, in any other case.\n(sec.164A-ssec.2) A family day care educator must ensure that any child being educated and cared for by the educator as part of a family day care service is not educated or cared for by any other person at the family day care residence or approved family day care venue, except in the circumstances prescribed by the national regulations. Penalty: $6600.","sortOrder":212},{"sectionNumber":"sec.165","sectionType":"section","heading":"Offence to inadequately supervise children","content":"### sec.165 Offence to inadequately supervise children\n\nThe approved provider of an education and care service must ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service.\nPenalty:\n$34 200, in the case of an individual.\n$172 200, in any other case.\nA nominated supervisor of an education and care service must ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service.\nPenalty: $34 200.\nA family day care educator must ensure that any child being educated and cared for by the educator as a part of a family day care service is adequately supervised.\nPenalty: $34 200.\ns 165 amd 2017 No. 9 (Vic) s 39 (1) ; 2022 No. 43 (Vic) s 67 ; 2025 No. 53 (Vic) s 28\n(sec.165-ssec.1) The approved provider of an education and care service must ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service. Penalty: $34 200, in the case of an individual. $172 200, in any other case.\n(sec.165-ssec.2) A nominated supervisor of an education and care service must ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service. Penalty: $34 200.\n(sec.165-ssec.3) A family day care educator must ensure that any child being educated and cared for by the educator as a part of a family day care service is adequately supervised. Penalty: $34 200.","sortOrder":213},{"sectionNumber":"sec.166","sectionType":"section","heading":"Offence to use inappropriate discipline","content":"### sec.166 Offence to use inappropriate discipline\n\nThe approved provider of an education and care service must ensure that no child being educated and cared for by the service is subjected to—\nany form of corporal punishment; or\nany discipline that is unreasonable in the circumstances.\nPenalty:\n$34 200, in the case of an individual.\n$172 200, in any other case.\nA nominated supervisor of an education and care service must ensure that no child being educated and cared for by the service is subjected to—\nany form of corporal punishment; or\nany discipline that is unreasonable in the circumstances.\nPenalty: $34 200.\nA staff member of, or a volunteer at, an education and care service must not subject any child being educated and cared for by the service to—\nany form of corporal punishment; or\nany discipline that is unreasonable in the circumstances.\nPenalty: $34 200.\nA family day care educator must not subject any child being educated and cared for by the educator as part of a family day care service to—\nany form of corporal punishment; or\nany discipline that is unreasonable in the circumstances.\nPenalty: $34 200.\ns 166 amd 2017 No. 9 (Vic) s 39 (1) ; 2022 No. 43 (Vic) s 68 ; 2025 No. 53 (Vic) s 29\n(sec.166-ssec.1) The approved provider of an education and care service must ensure that no child being educated and cared for by the service is subjected to— any form of corporal punishment; or any discipline that is unreasonable in the circumstances. Penalty: $34 200, in the case of an individual. $172 200, in any other case.\n(sec.166-ssec.2) A nominated supervisor of an education and care service must ensure that no child being educated and cared for by the service is subjected to— any form of corporal punishment; or any discipline that is unreasonable in the circumstances. Penalty: $34 200.\n(sec.166-ssec.3) A staff member of, or a volunteer at, an education and care service must not subject any child being educated and cared for by the service to— any form of corporal punishment; or any discipline that is unreasonable in the circumstances. Penalty: $34 200.\n(sec.166-ssec.4) A family day care educator must not subject any child being educated and cared for by the educator as part of a family day care service to— any form of corporal punishment; or any discipline that is unreasonable in the circumstances. Penalty: $34 200.\n- (a) any form of corporal punishment; or\n- (b) any discipline that is unreasonable in the circumstances.\n- (a) any form of corporal punishment; or\n- (b) any discipline that is unreasonable in the circumstances.\n- (a) any form of corporal punishment; or\n- (b) any discipline that is unreasonable in the circumstances.\n- (a) any form of corporal punishment; or\n- (b) any discipline that is unreasonable in the circumstances.","sortOrder":214},{"sectionNumber":"sec.166A","sectionType":"section","heading":"Offences relating to inappropriate conduct","content":"### sec.166A Offences relating to inappropriate conduct\n\nAn approved provider of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service.\nPenalty:\n$34 200, in the case of an individual.\n$172 000, in any other case.\nA nominated supervisor of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service.\nPenalty: $34 200.\nAn approved provider of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\nPenalty: $34 200.\nA nominated supervisor of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\nPenalty: $34 200.\nA staff member of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\nPenalty: $34 200.\nA volunteer at an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\nPenalty: $34 200.\nFor the purposes of subsections (1) to (6) , whether or not a reasonable person would consider the conduct to be inappropriate in an education and care service depends on the circumstances.\nFor the purposes of subsection (7) —\nthe circumstances may include any of the following—\nwhether the conduct is generally accepted practice in the provision of education and care;\nwhether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service;\nthe child’s age and stage of development;\nwhether the conduct is sexual, aggressive or violent; and\nit is immaterial whether—\nthe child has consented to being subjected to the conduct; or\nthe person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or\nthe person subjecting the child to the conduct is related to the child.\nFor the purposes of this section, filming, recording, taking or otherwise capturing an image of a child is subjecting a child to conduct.\nFor the purposes of this section, the conduct may be constituted by conduct—\nengaged in on a single occasion; or\nengaged in on a number of occasions over a period of time; or\nthat is part of an ongoing pattern.\nIn this section—\nconduct means—\nan act; or\nan omission to perform an act.\ns 166A ins 2025 No. 53 (Vic) s 79\n(sec.166A-ssec.1) An approved provider of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service. Penalty: $34 200, in the case of an individual. $172 000, in any other case.\n(sec.166A-ssec.2) A nominated supervisor of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service. Penalty: $34 200.\n(sec.166A-ssec.3) An approved provider of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200.\n(sec.166A-ssec.4) A nominated supervisor of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200.\n(sec.166A-ssec.5) A staff member of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200.\n(sec.166A-ssec.6) A volunteer at an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Penalty: $34 200.\n(sec.166A-ssec.7) For the purposes of subsections (1) to (6) , whether or not a reasonable person would consider the conduct to be inappropriate in an education and care service depends on the circumstances.\n(sec.166A-ssec.8) For the purposes of subsection (7) — the circumstances may include any of the following— whether the conduct is generally accepted practice in the provision of education and care; whether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service; the child’s age and stage of development; whether the conduct is sexual, aggressive or violent; and it is immaterial whether— the child has consented to being subjected to the conduct; or the person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or the person subjecting the child to the conduct is related to the child.\n(sec.166A-ssec.9) For the purposes of this section, filming, recording, taking or otherwise capturing an image of a child is subjecting a child to conduct.\n(sec.166A-ssec.10) For the purposes of this section, the conduct may be constituted by conduct— engaged in on a single occasion; or engaged in on a number of occasions over a period of time; or that is part of an ongoing pattern.\n(sec.166A-ssec.11) In this section— conduct means— an act; or an omission to perform an act.\n- (a) the circumstances may include any of the following— (i) whether the conduct is generally accepted practice in the provision of education and care; (ii) whether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service; (iii) the child’s age and stage of development; (iv) whether the conduct is sexual, aggressive or violent; and\n- (i) whether the conduct is generally accepted practice in the provision of education and care;\n- (ii) whether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service;\n- (iii) the child’s age and stage of development;\n- (iv) whether the conduct is sexual, aggressive or violent; and\n- (b) it is immaterial whether— (i) the child has consented to being subjected to the conduct; or (ii) the person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or (iii) the person subjecting the child to the conduct is related to the child.\n- (i) the child has consented to being subjected to the conduct; or\n- (ii) the person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or\n- (iii) the person subjecting the child to the conduct is related to the child.\n- (i) whether the conduct is generally accepted practice in the provision of education and care;\n- (ii) whether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service;\n- (iii) the child’s age and stage of development;\n- (iv) whether the conduct is sexual, aggressive or violent; and\n- (i) the child has consented to being subjected to the conduct; or\n- (ii) the person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or\n- (iii) the person subjecting the child to the conduct is related to the child.\n- (a) engaged in on a single occasion; or\n- (b) engaged in on a number of occasions over a period of time; or\n- (c) that is part of an ongoing pattern.\n- (a) an act; or\n- (b) an omission to perform an act.","sortOrder":215},{"sectionNumber":"sec.167","sectionType":"section","heading":"Offence relating to protection of children from harm and hazards","content":"### sec.167 Offence relating to protection of children from harm and hazards\n\nThe approved provider of an education and care service must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.\nPenalty:\n$34 200, in the case of an individual.\n$172 200, in any other case.\nA nominated supervisor of an education and care service must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.\nPenalty: $34 200.\nA family day care educator must ensure that every reasonable precaution is taken to protect a child being educated and cared for as part of a family day care service from harm and from any hazard likely to cause injury.\nPenalty: $34 200.\ns 167 amd 2022 No. 43 (Vic) s 69 ; 2025 No. 53 (Vic) s 30\n(sec.167-ssec.1) The approved provider of an education and care service must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury. Penalty: $34 200, in the case of an individual. $172 200, in any other case.\n(sec.167-ssec.2) A nominated supervisor of an education and care service must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury. Penalty: $34 200.\n(sec.167-ssec.3) A family day care educator must ensure that every reasonable precaution is taken to protect a child being educated and cared for as part of a family day care service from harm and from any hazard likely to cause injury. Penalty: $34 200.","sortOrder":216},{"sectionNumber":"sec.168","sectionType":"section","heading":"Offence relating to required programs","content":"### sec.168 Offence relating to required programs\n\nThe approved provider of an education and care service must ensure that a program is delivered to all children being educated and cared for by the service that—\nis based on an approved learning framework; and\nis delivered in a manner that accords with the approved learning framework; and\nis based on the developmental needs, interests and experiences of each child; and\nis designed to take into account the individual differences of each child.\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\nA nominated supervisor of an education and care service must ensure that a program is delivered to all children being educated and cared for by the service that—\nis based on an approved learning framework; and\nis delivered in a manner that accords with the approved learning framework; and\nis based on the developmental needs, interests and experiences of each child; and\nis designed to take into account the individual differences of each child.\nPenalty: $13 500.\ns 168 amd 2022 No. 43 (Vic) s 70 ; 2025 No. 53 (Vic) s 31\n(sec.168-ssec.1) The approved provider of an education and care service must ensure that a program is delivered to all children being educated and cared for by the service that— is based on an approved learning framework; and is delivered in a manner that accords with the approved learning framework; and is based on the developmental needs, interests and experiences of each child; and is designed to take into account the individual differences of each child. Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n(sec.168-ssec.2) A nominated supervisor of an education and care service must ensure that a program is delivered to all children being educated and cared for by the service that— is based on an approved learning framework; and is delivered in a manner that accords with the approved learning framework; and is based on the developmental needs, interests and experiences of each child; and is designed to take into account the individual differences of each child. Penalty: $13 500.\n- (a) is based on an approved learning framework; and\n- (b) is delivered in a manner that accords with the approved learning framework; and\n- (c) is based on the developmental needs, interests and experiences of each child; and\n- (d) is designed to take into account the individual differences of each child.\n- (a) is based on an approved learning framework; and\n- (b) is delivered in a manner that accords with the approved learning framework; and\n- (c) is based on the developmental needs, interests and experiences of each child; and\n- (d) is designed to take into account the individual differences of each child.","sortOrder":217},{"sectionNumber":"sec.169","sectionType":"section","heading":"Offence relating to staffing arrangements","content":"### sec.169 Offence relating to staffing arrangements\n\nAn approved provider of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose.\nPenalty:\n$34 200, in the case of an individual.\n$172 000, in any other case.\nAn approved provider of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator’s role as prescribed by the national regulations.\nPenalty:\n$34 200, in the case of an individual.\n$172 000, in any other case.\nA nominated supervisor of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose.\nPenalty: $34 200.\nA nominated supervisor of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator’s role as prescribed by the national regulations.\nPenalty: $34 200.\nA family day care educator must ensure that the number of children being educated and cared for by the family day care educator at any one time is no more than the number prescribed for this purpose.\nPenalty: $34 200.\nSubsections (1) , (2) , (3) , (4) and (5) do not apply in respect of an education and care service—\nto the extent that it holds a temporary waiver under Division 6 of Part 3 in respect of this requirement; or\nto the extent that it holds a service waiver under Division 5 of Part 3 in respect of this requirement.\nThe National Authority may, on application, determine qualifications, including foreign qualifications, to be equivalent to the qualifications required by the national regulations.\nIf a determination is made under subsection (7) , any person holding the qualification is to be taken to be qualified in accordance with the national regulations.\ns 169 amd 2022 No. 43 (Vic) s 71 ; 2025 No. 53 (Vic) s 32\n(sec.169-ssec.1) An approved provider of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose. Penalty: $34 200, in the case of an individual. $172 000, in any other case.\n(sec.169-ssec.2) An approved provider of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator’s role as prescribed by the national regulations. Penalty: $34 200, in the case of an individual. $172 000, in any other case.\n(sec.169-ssec.3) A nominated supervisor of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose. Penalty: $34 200.\n(sec.169-ssec.4) A nominated supervisor of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator’s role as prescribed by the national regulations. Penalty: $34 200.\n(sec.169-ssec.5) A family day care educator must ensure that the number of children being educated and cared for by the family day care educator at any one time is no more than the number prescribed for this purpose. Penalty: $34 200.\n(sec.169-ssec.6) Subsections (1) , (2) , (3) , (4) and (5) do not apply in respect of an education and care service— to the extent that it holds a temporary waiver under Division 6 of Part 3 in respect of this requirement; or to the extent that it holds a service waiver under Division 5 of Part 3 in respect of this requirement.\n(sec.169-ssec.7) The National Authority may, on application, determine qualifications, including foreign qualifications, to be equivalent to the qualifications required by the national regulations.\n(sec.169-ssec.8) If a determination is made under subsection (7) , any person holding the qualification is to be taken to be qualified in accordance with the national regulations.\n- (a) to the extent that it holds a temporary waiver under Division 6 of Part 3 in respect of this requirement; or\n- (b) to the extent that it holds a service waiver under Division 5 of Part 3 in respect of this requirement.","sortOrder":218},{"sectionNumber":"sec.170","sectionType":"section","heading":"Offence relating to unauthorised persons on education and care service premises","content":"### sec.170 Offence relating to unauthorised persons on education and care service premises\n\nThis section applies to an education and care service operating in a participating jurisdiction that has a working with children law.\nThe approved provider of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless—\nthe person is an authorised person; or\nthe person is under the direct supervision of an educator or other staff member of the service.\nPenalty:\n$3300, in the case of an individual.\n$17 100, in any other case.\nA nominated supervisor of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless—\nthe person is an authorised person; or\nthe person is under the direct supervision of an educator or other staff member of the service.\nPenalty: $3300.\nA family day care educator must ensure that a person does not remain at the family day care residence or approved family day care venue at which the educator is educating and caring for children, unless—\nthe person is an authorised person; or\nthe person is under the direct supervision of the educator.\nPenalty: $3300.\nIn this section—\nauthorised nominee , in relation to a child, means a person who has been given permission by a parent or family member of the child to collect the child from the education and care service or the family day care educator;\nauthorised person means a person who is—\na person who holds a current working with children check or working with children card; or\na parent or family member of a child who is being educated and cared for by the education and care service or the family day care educator; or\nan authorised nominee of a parent or family member of a child who is being educated and cared for by the education and care service or the family day care educator; or\nin the case of an emergency, medical personnel or emergency service personnel; or\na person who is permitted under the working with children law of this jurisdiction to remain at the education and care service premises without holding a working with children check or a working with children card.\nA reference in subsection (5) to a parent or family member of a child does not include a person—\nwhose access to the child is prohibited or restricted by an order of a court or tribunal of which the approved provider, nominated supervisor or family day care educator (as the case requires) is aware; or\nwho is an inappropriate person within the meaning of section 171 .\ns 170 amd 2017 No. 9 (Vic) s 40 ; 2022 No. 43 (Vic) s 72 ; 2025 No. 53 (Vic) s 33\n(sec.170-ssec.1) This section applies to an education and care service operating in a participating jurisdiction that has a working with children law.\n(sec.170-ssec.2) The approved provider of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless— the person is an authorised person; or the person is under the direct supervision of an educator or other staff member of the service. Penalty: $3300, in the case of an individual. $17 100, in any other case.\n(sec.170-ssec.3) A nominated supervisor of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless— the person is an authorised person; or the person is under the direct supervision of an educator or other staff member of the service. Penalty: $3300.\n(sec.170-ssec.4) A family day care educator must ensure that a person does not remain at the family day care residence or approved family day care venue at which the educator is educating and caring for children, unless— the person is an authorised person; or the person is under the direct supervision of the educator. Penalty: $3300.\n(sec.170-ssec.5) In this section— authorised nominee , in relation to a child, means a person who has been given permission by a parent or family member of the child to collect the child from the education and care service or the family day care educator; authorised person means a person who is— a person who holds a current working with children check or working with children card; or a parent or family member of a child who is being educated and cared for by the education and care service or the family day care educator; or an authorised nominee of a parent or family member of a child who is being educated and cared for by the education and care service or the family day care educator; or in the case of an emergency, medical personnel or emergency service personnel; or a person who is permitted under the working with children law of this jurisdiction to remain at the education and care service premises without holding a working with children check or a working with children card.\n(sec.170-ssec.6) A reference in subsection (5) to a parent or family member of a child does not include a person— whose access to the child is prohibited or restricted by an order of a court or tribunal of which the approved provider, nominated supervisor or family day care educator (as the case requires) is aware; or who is an inappropriate person within the meaning of section 171 .\n- (a) the person is an authorised person; or\n- (b) the person is under the direct supervision of an educator or other staff member of the service.\n- (a) the person is an authorised person; or\n- (b) the person is under the direct supervision of an educator or other staff member of the service.\n- (a) the person is an authorised person; or\n- (b) the person is under the direct supervision of the educator.\n- (a) a person who holds a current working with children check or working with children card; or\n- (b) a parent or family member of a child who is being educated and cared for by the education and care service or the family day care educator; or\n- (c) an authorised nominee of a parent or family member of a child who is being educated and cared for by the education and care service or the family day care educator; or\n- (d) in the case of an emergency, medical personnel or emergency service personnel; or\n- (e) a person who is permitted under the working with children law of this jurisdiction to remain at the education and care service premises without holding a working with children check or a working with children card.\n- (a) whose access to the child is prohibited or restricted by an order of a court or tribunal of which the approved provider, nominated supervisor or family day care educator (as the case requires) is aware; or\n- (b) who is an inappropriate person within the meaning of section 171 .","sortOrder":219},{"sectionNumber":"sec.171","sectionType":"section","heading":"Offence relating to direction to exclude inappropriate persons from education and care service premises","content":"### sec.171 Offence relating to direction to exclude inappropriate persons from education and care service premises\n\nThe Regulatory Authority may direct an approved provider, a nominated supervisor or a family day care educator to exclude a person whom the Authority is satisfied is an inappropriate person from the education and care service premises while children are being educated and cared for at the premises for such time as the Authority considers appropriate.\nA person to whom a direction is given under subsection (1) must comply with the direction.\nPenalty:\n$34 200, in the case of an individual.\n$172 200, in any other case.\nIn this section—\ninappropriate person means a person—\nwho may pose a risk to the safety, health or wellbeing of any child or children being educated and cared for by the education and care service; or\nwhose behaviour or state of mind or whose pattern of behaviour or common state of mind is such that it would be inappropriate for him or her to be on the education and care service premises while children are being educated and cared for by the education and care service.\nA person who is under the influence of drugs or alcohol.\ns 171 amd 2022 No. 43 (Vic) s 73 ; 2025 No. 53 (Vic) s 34\n(sec.171-ssec.1) The Regulatory Authority may direct an approved provider, a nominated supervisor or a family day care educator to exclude a person whom the Authority is satisfied is an inappropriate person from the education and care service premises while children are being educated and cared for at the premises for such time as the Authority considers appropriate.\n(sec.171-ssec.2) A person to whom a direction is given under subsection (1) must comply with the direction. Penalty: $34 200, in the case of an individual. $172 200, in any other case.\n(sec.171-ssec.3) In this section— inappropriate person means a person— who may pose a risk to the safety, health or wellbeing of any child or children being educated and cared for by the education and care service; or whose behaviour or state of mind or whose pattern of behaviour or common state of mind is such that it would be inappropriate for him or her to be on the education and care service premises while children are being educated and cared for by the education and care service. A person who is under the influence of drugs or alcohol.\n- (a) who may pose a risk to the safety, health or wellbeing of any child or children being educated and cared for by the education and care service; or\n- (b) whose behaviour or state of mind or whose pattern of behaviour or common state of mind is such that it would be inappropriate for him or her to be on the education and care service premises while children are being educated and cared for by the education and care service.","sortOrder":220},{"sectionNumber":"sec.172","sectionType":"section","heading":"Offence to fail to display prescribed information","content":"### sec.172 Offence to fail to display prescribed information\n\nAn approved provider of an education and care service (other than a family day care service) must ensure that the prescribed information about the following is displayed, in the prescribed form (if any), so that it is clearly visible to anyone from the main entrance to the education and care service premises—\nthe provider approval;\nthe service approval;\neach nominated supervisor of the service;\nthe rating of the service;\nany service waivers or temporary waivers held by the service;\nany other prescribed matters.\nPenalty:\n$10 200, in the case of an individual.\n$51 600, in any other case.\nAn approved provider of a family day care service must ensure that the prescribed information about the following is displayed at the education and care service premises of the family day care service in accordance with the national regulations—\nthe provider approval;\nthe service approval;\neach nominated supervisor of the service;\nthe rating of the service;\nany service waivers or temporary waivers held by the service;\nany other prescribed matters.\nPenalty:\n$10 200, in the case of an individual.\n$51 600, in any other case.\ns 172 amd 2017 No. 9 (Vic) s 41 ; 2022 No. 43 (Vic) ss 36 , 74 ; 2025 No. 53 (Vic) s 35\n(sec.172-ssec.1) An approved provider of an education and care service (other than a family day care service) must ensure that the prescribed information about the following is displayed, in the prescribed form (if any), so that it is clearly visible to anyone from the main entrance to the education and care service premises— the provider approval; the service approval; each nominated supervisor of the service; the rating of the service; any service waivers or temporary waivers held by the service; any other prescribed matters. Penalty: $10 200, in the case of an individual. $51 600, in any other case.\n(sec.172-ssec.2) An approved provider of a family day care service must ensure that the prescribed information about the following is displayed at the education and care service premises of the family day care service in accordance with the national regulations— the provider approval; the service approval; each nominated supervisor of the service; the rating of the service; any service waivers or temporary waivers held by the service; any other prescribed matters. Penalty: $10 200, in the case of an individual. $51 600, in any other case.\n- (a) the provider approval;\n- (b) the service approval;\n- (c) each nominated supervisor of the service;\n- (d) the rating of the service;\n- (e) any service waivers or temporary waivers held by the service;\n- (f) any other prescribed matters.\n- (a) the provider approval;\n- (b) the service approval;\n- (c) each nominated supervisor of the service;\n- (d) the rating of the service;\n- (e) any service waivers or temporary waivers held by the service;\n- (f) any other prescribed matters.","sortOrder":221},{"sectionNumber":"sec.173","sectionType":"section","heading":"Offence to fail to notify certain circumstances to Regulatory Authority","content":"### sec.173 Offence to fail to notify certain circumstances to Regulatory Authority\n\nAn approved provider must notify the Regulatory Authority of the following in relation to the approved provider or each approved education and care service operated by the approved provider—\na change in the name of the approved provider;\nany appointment or removal of a person with management or control of an education and care service operated by the approved provider;\na failure to commence operating an education and care service within 6 months (or within the time agreed with the Regulatory Authority) after being granted a service approval for the service.\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\nAn approved provider that is a body corporate must notify the Regulatory Authority if 50 per cent or more of the approved provider’s ownership or voting rights is acquired.\nPenalty: $68 700.\nAn approved provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the approved provider—\nif the approved provider is notified of the suspension or cancellation of a working with children card or teacher registration of, or disciplinary proceedings under an education law of a participating jurisdiction in respect of, a nominated supervisor engaged by the service;\nif a nominated supervisor of an approved education and care service—\nceases to be employed or engaged by the service; or\nis removed from the role of nominated supervisor; or\nwithdraws consent to the nomination;\nany proposed change to the education and care service premises of an approved education and care service (other than a family day care residence);\nif the approved provider ceases to operate the education and care service;\nin the case of an approved family day care service, a change in the location of the principal office of the service;\nan intention to transfer a service approval, as required under section 59 .\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\nA notice under subsection (1) , (1A) or (2) must—\nbe in writing; and\ninclude any prescribed information.\nA notice under subsection (1) must be provided within the relevant prescribed time to the Regulatory Authority that granted the provider approval to which the notice relates.\nA notice under subsection (1A) must be provided to the Regulatory Authority that granted the approved provider’s provider approval within 7 days after the date on which 50 per cent or more of the approved provider’s ownership or voting rights is acquired.\nA notice under subsection (2) must be provided within the relevant prescribed time to the Regulatory Authority that granted the service approval for the education and care service to which the notice relates.\ns 173 amd 2017 No. 9 (Vic) s 42 ; 2022 No. 43 (Vic) s 75 ; 2025 No. 53 (Vic) s 36 ; 2025 No. 53 (Vic) s 80\n(sec.173-ssec.1) An approved provider must notify the Regulatory Authority of the following in relation to the approved provider or each approved education and care service operated by the approved provider— a change in the name of the approved provider; any appointment or removal of a person with management or control of an education and care service operated by the approved provider; a failure to commence operating an education and care service within 6 months (or within the time agreed with the Regulatory Authority) after being granted a service approval for the service. Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n(sec.173-ssec.1A) An approved provider that is a body corporate must notify the Regulatory Authority if 50 per cent or more of the approved provider’s ownership or voting rights is acquired. Penalty: $68 700.\n(sec.173-ssec.2) An approved provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the approved provider— if the approved provider is notified of the suspension or cancellation of a working with children card or teacher registration of, or disciplinary proceedings under an education law of a participating jurisdiction in respect of, a nominated supervisor engaged by the service; if a nominated supervisor of an approved education and care service— ceases to be employed or engaged by the service; or is removed from the role of nominated supervisor; or withdraws consent to the nomination; any proposed change to the education and care service premises of an approved education and care service (other than a family day care residence); if the approved provider ceases to operate the education and care service; in the case of an approved family day care service, a change in the location of the principal office of the service; an intention to transfer a service approval, as required under section 59 . Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n(sec.173-ssec.3) A notice under subsection (1) , (1A) or (2) must— be in writing; and include any prescribed information.\n(sec.173-ssec.4) A notice under subsection (1) must be provided within the relevant prescribed time to the Regulatory Authority that granted the provider approval to which the notice relates.\n(sec.173-ssec.4A) A notice under subsection (1A) must be provided to the Regulatory Authority that granted the approved provider’s provider approval within 7 days after the date on which 50 per cent or more of the approved provider’s ownership or voting rights is acquired.\n(sec.173-ssec.5) A notice under subsection (2) must be provided within the relevant prescribed time to the Regulatory Authority that granted the service approval for the education and care service to which the notice relates.\n- (a) a change in the name of the approved provider;\n- (b) any appointment or removal of a person with management or control of an education and care service operated by the approved provider;\n- (c) a failure to commence operating an education and care service within 6 months (or within the time agreed with the Regulatory Authority) after being granted a service approval for the service.\n- (a) if the approved provider is notified of the suspension or cancellation of a working with children card or teacher registration of, or disciplinary proceedings under an education law of a participating jurisdiction in respect of, a nominated supervisor engaged by the service;\n- (b) if a nominated supervisor of an approved education and care service— (i) ceases to be employed or engaged by the service; or (ii) is removed from the role of nominated supervisor; or (iii) withdraws consent to the nomination;\n- (i) ceases to be employed or engaged by the service; or\n- (ii) is removed from the role of nominated supervisor; or\n- (iii) withdraws consent to the nomination;\n- (c) any proposed change to the education and care service premises of an approved education and care service (other than a family day care residence);\n- (d) if the approved provider ceases to operate the education and care service;\n- (e) in the case of an approved family day care service, a change in the location of the principal office of the service;\n- (f) an intention to transfer a service approval, as required under section 59 .\n- (i) ceases to be employed or engaged by the service; or\n- (ii) is removed from the role of nominated supervisor; or\n- (iii) withdraws consent to the nomination;\n- (a) be in writing; and\n- (b) include any prescribed information.","sortOrder":222},{"sectionNumber":"sec.174","sectionType":"section","heading":"Offence to fail to notify certain information to Regulatory Authority","content":"### sec.174 Offence to fail to notify certain information to Regulatory Authority\n\nAn approved provider must notify the Regulatory Authority of the following information in relation to the approved provider or each approved education and care service operated by the approved provider—\nany change relevant to whether the approved provider is a fit and proper person to be involved in the provision of an education and care service;\ninformation in respect of any other prescribed matters.\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\nAn approved provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the approved provider—\nany serious incident at the approved education and care service;\nany complaints alleging—\nthat a serious incident has occurred or is occurring while a child was or is being educated and cared for by the approved education and care service; or\nthat this Law has been contravened;\ninformation in respect of any other prescribed matters.\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\nA notice under subsection (1) must be in writing and be provided within the relevant prescribed time to the Regulatory Authority that granted the provider approval.\nA notice under subsection (2) must be in writing and be provided within the relevant prescribed time to—\nthe Regulatory Authority that granted the service approval for the education and care service to which the notice relates; and\nin the case of a family day care service, the Regulatory Authority in each participating jurisdiction in which the family day care service operates.\n(Repealed)\ns 174 amd 2017 No. 9 (Vic) s 43 ; 2022 No. 43 (Vic) s 76 ; 2025 No. 53 (Vic) s 37\n(sec.174-ssec.1) An approved provider must notify the Regulatory Authority of the following information in relation to the approved provider or each approved education and care service operated by the approved provider— any change relevant to whether the approved provider is a fit and proper person to be involved in the provision of an education and care service; information in respect of any other prescribed matters. Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n(sec.174-ssec.2) An approved provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the approved provider— any serious incident at the approved education and care service; any complaints alleging— that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the approved education and care service; or that this Law has been contravened; information in respect of any other prescribed matters. Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n(sec.174-ssec.3) A notice under subsection (1) must be in writing and be provided within the relevant prescribed time to the Regulatory Authority that granted the provider approval.\n(sec.174-ssec.4) A notice under subsection (2) must be in writing and be provided within the relevant prescribed time to— the Regulatory Authority that granted the service approval for the education and care service to which the notice relates; and in the case of a family day care service, the Regulatory Authority in each participating jurisdiction in which the family day care service operates.\n(sec.174-ssec.5) (Repealed)\n- (a) any change relevant to whether the approved provider is a fit and proper person to be involved in the provision of an education and care service;\n- (b) information in respect of any other prescribed matters.\n- (a) any serious incident at the approved education and care service;\n- (b) any complaints alleging— (i) that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the approved education and care service; or (ii) that this Law has been contravened;\n- (i) that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the approved education and care service; or\n- (ii) that this Law has been contravened;\n- (c) information in respect of any other prescribed matters.\n- (i) that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the approved education and care service; or\n- (ii) that this Law has been contravened;\n- (a) the Regulatory Authority that granted the service approval for the education and care service to which the notice relates; and\n- (b) in the case of a family day care service, the Regulatory Authority in each participating jurisdiction in which the family day care service operates.","sortOrder":223},{"sectionNumber":"sec.174A","sectionType":"section","heading":"Family day care educator to notify certain information to approved provider","content":"### sec.174A Family day care educator to notify certain information to approved provider\n\nA family day care educator who educates and cares for children as part of a family day care service must notify the approved provider of the service of the following information—\nany serious incident that occurs while a child is being educated and cared for by the educator as part of the service;\nany complaints alleging—\nthat a serious incident has occurred or is occurring while a child was or is being educated and cared for by the educator; or\nthat this Law has been contravened;\ninformation in respect of any other prescribed matters.\nPenalty: $6600.\ns 174A ins 2017 No. 9 (Vic) s 44\namd 2022 No. 43 (Vic) s 77 ; 2025 No. 53 (Vic) s 38\n- (a) any serious incident that occurs while a child is being educated and cared for by the educator as part of the service;\n- (b) any complaints alleging— (i) that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the educator; or (ii) that this Law has been contravened;\n- (i) that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the educator; or\n- (ii) that this Law has been contravened;\n- (c) information in respect of any other prescribed matters.\n- (i) that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the educator; or\n- (ii) that this Law has been contravened;","sortOrder":224},{"sectionNumber":"sec.175","sectionType":"section","heading":"Offence relating to requirement to keep enrolment and other documents","content":"### sec.175 Offence relating to requirement to keep enrolment and other documents\n\nAn approved provider of an education and care service must keep the prescribed documents available for inspection by an authorised officer in accordance with this section.\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\nDocuments referred to in subsection (1) —\nmust, to the extent practicable, be kept at the education and care service premises if they relate to—\nthe operation of the service; or\nany staff member employed or engaged by the service; or\nany child cared for, or educated at, those premises—\nin the previous 12 months; and\nin any other case, must be kept at a place, and in a manner, that they are readily accessible by an authorised officer.\nA family day care educator who educates and cares for a child at a residence or approved family day care venue, as part of a family day care service, must keep the prescribed documents available for inspection by an authorised officer at that residence or venue.\nPenalty: $13 500.\ns 175 amd 2022 No. 43 (Vic) s 78 ; 2025 No. 53 (Vic) s 39\n(sec.175-ssec.1) An approved provider of an education and care service must keep the prescribed documents available for inspection by an authorised officer in accordance with this section. Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n(sec.175-ssec.2) Documents referred to in subsection (1) — must, to the extent practicable, be kept at the education and care service premises if they relate to— the operation of the service; or any staff member employed or engaged by the service; or any child cared for, or educated at, those premises— in the previous 12 months; and in any other case, must be kept at a place, and in a manner, that they are readily accessible by an authorised officer.\n(sec.175-ssec.3) A family day care educator who educates and cares for a child at a residence or approved family day care venue, as part of a family day care service, must keep the prescribed documents available for inspection by an authorised officer at that residence or venue. Penalty: $13 500.\n- (a) must, to the extent practicable, be kept at the education and care service premises if they relate to— (i) the operation of the service; or (ii) any staff member employed or engaged by the service; or (iii) any child cared for, or educated at, those premises—\n- (i) the operation of the service; or\n- (ii) any staff member employed or engaged by the service; or\n- (iii) any child cared for, or educated at, those premises—\n- in the previous 12 months; and\n- (b) in any other case, must be kept at a place, and in a manner, that they are readily accessible by an authorised officer.\n- (i) the operation of the service; or\n- (ii) any staff member employed or engaged by the service; or\n- (iii) any child cared for, or educated at, those premises—","sortOrder":225},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Devices in education and care services","content":"# Devices in education and care services","sortOrder":226},{"sectionNumber":"pt.6A-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":227},{"sectionNumber":"sec.175A","sectionType":"section","heading":"Definitions","content":"### sec.175A Definitions\n\nIn this Part—\ncapture , in relation to an image of a child, includes to film, record or take an image of the child;\npersonal device means a device that is—\nowned or controlled by a person; and\ncapable of—\ncapturing an image; or\nstoring or transmitting an image—\nbut does not include a service-supplied device, a service-authorised device or a class of device that is prescribed not to be a personal device;\nA phone, tablet computer, camera or smartwatch is a personal device that is capable of capturing an image. A USB drive, memory card or hard drive is a personal device that is capable of storing or transmitting an image.\nservice-authorised device means a device authorised under section 175C (1) ;\nservice-supplied device means a device supplied under section 175B (1) .\ns 175A ins 2025 No. 53 (Vic) s 81\n- (a) owned or controlled by a person; and\n- (b) capable of— (i) capturing an image; or (ii) storing or transmitting an image—\n- (i) capturing an image; or\n- (ii) storing or transmitting an image—\n- (i) capturing an image; or\n- (ii) storing or transmitting an image—","sortOrder":228},{"sectionNumber":"pt.6A-div.2","sectionType":"division","heading":"Service-supplied devices and service-authorised devices","content":"## Service-supplied devices and service-authorised devices","sortOrder":229},{"sectionNumber":"sec.175B","sectionType":"section","heading":"Approved provider may supply device for use in education and care service","content":"### sec.175B Approved provider may supply device for use in education and care service\n\nAn approved provider of an education and care service may supply a device that is to be used by a person employed, engaged or appointed at the service exclusively for the purposes of providing education and care to children as part of that service.\nIn supplying a device under subsection (1) , an approved provider must ensure that the device is configured to operate in accordance with any policies or procedures of the education and care service that relate to child safety or the security of devices.\ns 175B ins 2025 No. 53 (Vic) s 81\n(sec.175B-ssec.1) An approved provider of an education and care service may supply a device that is to be used by a person employed, engaged or appointed at the service exclusively for the purposes of providing education and care to children as part of that service.\n(sec.175B-ssec.2) In supplying a device under subsection (1) , an approved provider must ensure that the device is configured to operate in accordance with any policies or procedures of the education and care service that relate to child safety or the security of devices.","sortOrder":230},{"sectionNumber":"sec.175C","sectionType":"section","heading":"Approved provider may authorise device for use in family day care services","content":"### sec.175C Approved provider may authorise device for use in family day care services\n\nAn approved provider of a family day care service may authorise a device that is to be used by a person employed, engaged or appointed at the service exclusively for the purposes of providing education and care to children as part of that service.\nIn authorising a device under subsection (1) , an approved provider must ensure that the device is configured to operate in accordance with any policies or procedures of the family day care service that relate to child safety or the security of devices.\ns 175C ins 2025 No. 53 (Vic) s 81\n(sec.175C-ssec.1) An approved provider of a family day care service may authorise a device that is to be used by a person employed, engaged or appointed at the service exclusively for the purposes of providing education and care to children as part of that service.\n(sec.175C-ssec.2) In authorising a device under subsection (1) , an approved provider must ensure that the device is configured to operate in accordance with any policies or procedures of the family day care service that relate to child safety or the security of devices.","sortOrder":231},{"sectionNumber":"sec.175D","sectionType":"section","heading":"Requirement to use service-supplied device in education and care service (other than family day care service)","content":"### sec.175D Requirement to use service-supplied device in education and care service (other than family day care service)\n\nAn approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-supplied device to do so.\nPenalty:\n$6600, in the case of an individual.\n$34 200, in any other case.\nThe following persons are specified—\na nominated supervisor;\na staff member;\na volunteer.\nA nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-supplied device to do so.\nPenalty: $6600.\nThe following persons are specified—\na staff member;\na volunteer.\ns 175D ins 2025 No. 53 (Vic) s 81\n(sec.175D-ssec.1) An approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-supplied device to do so. Penalty: $6600, in the case of an individual. $34 200, in any other case.\n(sec.175D-ssec.2) The following persons are specified— a nominated supervisor; a staff member; a volunteer.\n(sec.175D-ssec.3) A nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-supplied device to do so. Penalty: $6600.\n(sec.175D-ssec.4) The following persons are specified— a staff member; a volunteer.\n- (a) a nominated supervisor;\n- (b) a staff member;\n- (c) a volunteer.\n- (a) a staff member;\n- (b) a volunteer.","sortOrder":232},{"sectionNumber":"sec.175E","sectionType":"section","heading":"Requirement to use service-authorised device or service-supplied device in family day care service","content":"### sec.175E Requirement to use service-authorised device or service-supplied device in family day care service\n\nAn approved provider of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-authorised device or a service-supplied device to do so.\nPenalty:\n$6600, in the case of an individual.\n$34 200, in any other case.\nThe following persons are specified—\na nominated supervisor;\na staff member;\na volunteer.\nA nominated supervisor of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-authorised device or a service-supplied device to do so.\nPenalty: $6600.\nThe following persons are specified—\na staff member;\na volunteer.\ns 175E ins 2025 No. 53 (Vic) s 81\n(sec.175E-ssec.1) An approved provider of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-authorised device or a service-supplied device to do so. Penalty: $6600, in the case of an individual. $34 200, in any other case.\n(sec.175E-ssec.2) The following persons are specified— a nominated supervisor; a staff member; a volunteer.\n(sec.175E-ssec.3) A nominated supervisor of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service-authorised device or a service-supplied device to do so. Penalty: $6600.\n(sec.175E-ssec.4) The following persons are specified— a staff member; a volunteer.\n- (a) a nominated supervisor;\n- (b) a staff member;\n- (c) a volunteer.\n- (a) a staff member;\n- (b) a volunteer.","sortOrder":233},{"sectionNumber":"sec.175F","sectionType":"section","heading":"Offences relating to capturing, storing or transmitting images of children","content":"### sec.175F Offences relating to capturing, storing or transmitting images of children\n\nAn approved provider of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the approved provider captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services.\nPenalty: $6600.\nAn approved provider of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the approved provider captures, stores or transmits the image of the child on a service-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services.\nPenalty: $6600.\nA nominated supervisor of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the nominated supervisor captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services.\nPenalty: $6600.\nA nominated supervisor of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the nominated supervisor captures, stores or transmits the image of the child on a service-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services.\nPenalty: $6600.\nA staff member of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services.\nPenalty: $6600.\nA staff member of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services.\nPenalty: $6600.\nA volunteer at an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services.\nPenalty: $6600.\nA volunteer at a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services.\nPenalty: $6600.\nThis section does not apply in relation to an image of a child that is captured, stored or transmitted at an education and care service premises by an optical surveillance device within the meaning of the Surveillance Devices Act 2004 of the Commonwealth that is installed at the service premises and authorised by the approved provider for security purposes.\ns 175F ins 2025 No. 53 (Vic) s 81\n(sec.175F-ssec.1) An approved provider of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the approved provider captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services. Penalty: $6600.\n(sec.175F-ssec.2) An approved provider of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the approved provider captures, stores or transmits the image of the child on a service-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services. Penalty: $6600.\n(sec.175F-ssec.3) A nominated supervisor of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the nominated supervisor captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services. Penalty: $6600.\n(sec.175F-ssec.4) A nominated supervisor of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the nominated supervisor captures, stores or transmits the image of the child on a service-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services. Penalty: $6600.\n(sec.175F-ssec.5) A staff member of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services. Penalty: $6600.\n(sec.175F-ssec.6) A staff member of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services. Penalty: $6600.\n(sec.175F-ssec.7) A volunteer at an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service-supplied device for the purposes of, or in connection with, the provision of education and care services. Penalty: $6600.\n(sec.175F-ssec.8) A volunteer at a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service-supplied device or service-authorised device for the purposes of, or in connection with, the provision of education and care services. Penalty: $6600.\n(sec.175F-ssec.9) This section does not apply in relation to an image of a child that is captured, stored or transmitted at an education and care service premises by an optical surveillance device within the meaning of the Surveillance Devices Act 2004 of the Commonwealth that is installed at the service premises and authorised by the approved provider for security purposes.","sortOrder":234},{"sectionNumber":"pt.6A-div.3","sectionType":"division","heading":"Personal devices","content":"## Personal devices","sortOrder":235},{"sectionNumber":"sec.175G","sectionType":"section","heading":"Meaning of working directly with children","content":"### sec.175G Meaning of working directly with children\n\nFor the purposes of this Division, a person is working directly with children at a given time if the person is—\nphysically present with a child or children at that time; and\nemployed, engaged or appointed to provide education and care to the child or children at that time.\nFor the purposes of this Division, a person is not working directly with children at a given time if the person is taking a short break from providing education or care to children in accordance with the person’s employment, engagement or appointment.\ns 175G ins 2025 No. 53 (Vic) s 81\n(sec.175G-ssec.1) For the purposes of this Division, a person is working directly with children at a given time if the person is— physically present with a child or children at that time; and employed, engaged or appointed to provide education and care to the child or children at that time.\n(sec.175G-ssec.2) For the purposes of this Division, a person is not working directly with children at a given time if the person is taking a short break from providing education or care to children in accordance with the person’s employment, engagement or appointment.\n- (a) physically present with a child or children at that time; and\n- (b) employed, engaged or appointed to provide education and care to the child or children at that time.","sortOrder":236},{"sectionNumber":"sec.175H","sectionType":"section","heading":"Offences relating to possession or control of personal devices—approved providers and nominated supervisors","content":"### sec.175H Offences relating to possession or control of personal devices—approved providers and nominated supervisors\n\nAn approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is working directly with children as part of the service, the person does not have a personal device in the person’s possession or under the person’s control.\nPenalty:\n$6600, in the case of an individual.\n$34 200, in any other case.\nThe following persons are specified—\na nominated supervisor;\na staff member;\na volunteer.\nSubsection (1) does not apply to an approved provider if—\nthe nominated supervisor, staff member or volunteer has the personal device in the person’s possession or under the person’s control—\nin accordance with an authorisation given by the approved provider under section 175J ; or\nduring an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nwhile the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\nproviding support or assistance with the disability or health needs of the nominated supervisor, staff member or volunteer; or\nthe nominated supervisor, staff member or volunteer communicating with a family member; or\nsafety or the provision of education and care to the children if a service-supplied device ceases working; or\nuse in an emergency; or\nwork health and safety; or\nany prescribed circumstances apply in relation to the possession or control of the personal device.\nA nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (5) is working directly with children as part of the service, the person does not have a personal device in the person’s possession or under the person’s control.\nPenalty: $6600.\nThe following persons are specified—\na staff member;\na volunteer.\nSubsection (4) does not apply to a nominated supervisor if—\nthe staff member or volunteer has the personal device in the person’s possession or under the person’s control—\nin accordance with an authorisation given by the approved provider under section 175J ; or\nduring an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nwhile the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\nproviding support or assistance with the disability or health needs of the staff member or volunteer; or\nthe staff member or volunteer communicating with a family member; or\nsafety or the provision of education and care to the children if a service-supplied device ceases working; or\nuse in an emergency; or\nwork health and safety; or\nany prescribed circumstances apply in relation to the possession or control of the personal device.\ns 175H ins 2025 No. 53 (Vic) s 81\n(sec.175H-ssec.1) An approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is working directly with children as part of the service, the person does not have a personal device in the person’s possession or under the person’s control. Penalty: $6600, in the case of an individual. $34 200, in any other case.\n(sec.175H-ssec.2) The following persons are specified— a nominated supervisor; a staff member; a volunteer.\n(sec.175H-ssec.3) Subsection (1) does not apply to an approved provider if— the nominated supervisor, staff member or volunteer has the personal device in the person’s possession or under the person’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the disability or health needs of the nominated supervisor, staff member or volunteer; or the nominated supervisor, staff member or volunteer communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the possession or control of the personal device.\n(sec.175H-ssec.4) A nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (5) is working directly with children as part of the service, the person does not have a personal device in the person’s possession or under the person’s control. Penalty: $6600.\n(sec.175H-ssec.5) The following persons are specified— a staff member; a volunteer.\n(sec.175H-ssec.6) Subsection (4) does not apply to a nominated supervisor if— the staff member or volunteer has the personal device in the person’s possession or under the person’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the disability or health needs of the staff member or volunteer; or the staff member or volunteer communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the possession or control of the personal device.\n- (a) a nominated supervisor;\n- (b) a staff member;\n- (c) a volunteer.\n- (a) the nominated supervisor, staff member or volunteer has the personal device in the person’s possession or under the person’s control— (i) in accordance with an authorisation given by the approved provider under section 175J ; or (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the disability or health needs of the nominated supervisor, staff member or volunteer; or (ii) the nominated supervisor, staff member or volunteer communicating with a family member; or (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or (iv) use in an emergency; or (v) work health and safety; or\n- (i) providing support or assistance with the disability or health needs of the nominated supervisor, staff member or volunteer; or\n- (ii) the nominated supervisor, staff member or volunteer communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or\n- (c) any prescribed circumstances apply in relation to the possession or control of the personal device.\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) providing support or assistance with the disability or health needs of the nominated supervisor, staff member or volunteer; or\n- (ii) the nominated supervisor, staff member or volunteer communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or\n- (a) a staff member;\n- (b) a volunteer.\n- (a) the staff member or volunteer has the personal device in the person’s possession or under the person’s control— (i) in accordance with an authorisation given by the approved provider under section 175J ; or (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the disability or health needs of the staff member or volunteer; or (ii) the staff member or volunteer communicating with a family member; or (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or (iv) use in an emergency; or (v) work health and safety; or\n- (i) providing support or assistance with the disability or health needs of the staff member or volunteer; or\n- (ii) the staff member or volunteer communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or\n- (c) any prescribed circumstances apply in relation to the possession or control of the personal device.\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) providing support or assistance with the disability or health needs of the staff member or volunteer; or\n- (ii) the staff member or volunteer communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or","sortOrder":237},{"sectionNumber":"sec.175I","sectionType":"section","heading":"Offences relating to possession or control of personal devices—persons working directly with children","content":"### sec.175I Offences relating to possession or control of personal devices—persons working directly with children\n\nA nominated supervisor of an education and care service (other than a family day care service) must not have a personal device in the nominated supervisor’s possession or under the nominated supervisor’s control while the nominated supervisor is working directly with children as part of the service.\nPenalty: $6600.\nSubsection (1) does not apply to a nominated supervisor if—\nthe nominated supervisor has the personal device in the nominated supervisor’s possession or under the nominated supervisor’s control—\nin accordance with an authorisation given by the approved provider under section 175J ; or\nduring an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nwhile the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\nproviding support or assistance with the nominated supervisor’s disability or health needs; or\nthe nominated supervisor communicating with a family member; or\nsafety or the provision of education and care to the children if a service-supplied device ceases working; or\nuse in an emergency; or\nwork health and safety; or\nany prescribed circumstances apply in relation to the nominated supervisor’s possession or control of the personal device.\nA staff member of an education and care service (other than a family day care service) must not have a personal device in the staff member’s possession or under the staff member’s control while the staff member is working directly with children as part of the service.\nPenalty: $6600.\nSubsection (3) does not apply to a staff member if—\nthe staff member has the personal device in the staff member’s possession or under the staff member’s control—\nin accordance with an authorisation given by the approved provider under section 175J ; or\nduring an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nwhile the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\nproviding support or assistance with the staff member’s disability or health needs; or\nthe staff member communicating with a family member; or\nsafety or the provision of education and care to the children if a service-supplied device ceases working; or\nuse in an emergency; or\nwork health and safety; or\nany prescribed circumstances apply in relation to the staff member’s possession or control of the personal device.\nA volunteer at an education and care service (other than a family day care service) must not have a personal device in the volunteer’s possession or under the volunteer’s control while the volunteer is working directly with children as part of the service.\nPenalty: $6600.\nSubsection (5) does not apply to a volunteer if—\nthe volunteer has the personal device in the person’s possession or under the person’s control—\nin accordance with an authorisation given by the approved provider under section 175J ; or\nduring an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nwhile the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\nit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\nproviding support or assistance with the volunteer’s disability or health needs; or\nthe volunteer communicating with a family member; or\nsafety or the provision of education and care to the children if a service-supplied device ceases working; or\nuse in an emergency; or\nwork health and safety; or\nany prescribed circumstances apply in relation to the volunteer’s possession or control of the personal device.\ns 175I ins 2025 No. 53 (Vic) s 81\n(sec.175I-ssec.1) A nominated supervisor of an education and care service (other than a family day care service) must not have a personal device in the nominated supervisor’s possession or under the nominated supervisor’s control while the nominated supervisor is working directly with children as part of the service. Penalty: $6600.\n(sec.175I-ssec.2) Subsection (1) does not apply to a nominated supervisor if— the nominated supervisor has the personal device in the nominated supervisor’s possession or under the nominated supervisor’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the nominated supervisor’s disability or health needs; or the nominated supervisor communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the nominated supervisor’s possession or control of the personal device.\n(sec.175I-ssec.3) A staff member of an education and care service (other than a family day care service) must not have a personal device in the staff member’s possession or under the staff member’s control while the staff member is working directly with children as part of the service. Penalty: $6600.\n(sec.175I-ssec.4) Subsection (3) does not apply to a staff member if— the staff member has the personal device in the staff member’s possession or under the staff member’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the staff member’s disability or health needs; or the staff member communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the staff member’s possession or control of the personal device.\n(sec.175I-ssec.5) A volunteer at an education and care service (other than a family day care service) must not have a personal device in the volunteer’s possession or under the volunteer’s control while the volunteer is working directly with children as part of the service. Penalty: $6600.\n(sec.175I-ssec.6) Subsection (5) does not apply to a volunteer if— the volunteer has the personal device in the person’s possession or under the person’s control— in accordance with an authorisation given by the approved provider under section 175J ; or during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— providing support or assistance with the volunteer’s disability or health needs; or the volunteer communicating with a family member; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety; or any prescribed circumstances apply in relation to the volunteer’s possession or control of the personal device.\n- (a) the nominated supervisor has the personal device in the nominated supervisor’s possession or under the nominated supervisor’s control— (i) in accordance with an authorisation given by the approved provider under section 175J ; or (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the nominated supervisor’s disability or health needs; or (ii) the nominated supervisor communicating with a family member; or (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or (iv) use in an emergency; or (v) work health and safety; or\n- (i) providing support or assistance with the nominated supervisor’s disability or health needs; or\n- (ii) the nominated supervisor communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or\n- (c) any prescribed circumstances apply in relation to the nominated supervisor’s possession or control of the personal device.\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) providing support or assistance with the nominated supervisor’s disability or health needs; or\n- (ii) the nominated supervisor communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or\n- (a) the staff member has the personal device in the staff member’s possession or under the staff member’s control— (i) in accordance with an authorisation given by the approved provider under section 175J ; or (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the staff member’s disability or health needs; or (ii) the staff member communicating with a family member; or (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or (iv) use in an emergency; or (v) work health and safety; or\n- (i) providing support or assistance with the staff member’s disability or health needs; or\n- (ii) the staff member communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or\n- (c) any prescribed circumstances apply in relation to the staff member’s possession or control of the personal device.\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) providing support or assistance with the staff member’s disability or health needs; or\n- (ii) the staff member communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or\n- (a) the volunteer has the personal device in the person’s possession or under the person’s control— (i) in accordance with an authorisation given by the approved provider under section 175J ; or (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (b) it is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of— (i) providing support or assistance with the volunteer’s disability or health needs; or (ii) the volunteer communicating with a family member; or (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or (iv) use in an emergency; or (v) work health and safety; or\n- (i) providing support or assistance with the volunteer’s disability or health needs; or\n- (ii) the volunteer communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or\n- (c) any prescribed circumstances apply in relation to the volunteer’s possession or control of the personal device.\n- (i) in accordance with an authorisation given by the approved provider under section 175J ; or\n- (ii) during an excursion with children being educated or cared for by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (iii) while the children are being transported by the service or on transportation arranged by the service, and the possession or control of the personal device is necessary for the purposes of safety or the provision of education and care to the children; or\n- (i) providing support or assistance with the volunteer’s disability or health needs; or\n- (ii) the volunteer communicating with a family member; or\n- (iii) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (iv) use in an emergency; or\n- (v) work health and safety; or","sortOrder":238},{"sectionNumber":"sec.175J","sectionType":"section","heading":"Authorisation to have possession or control of personal device while working directly with children","content":"### sec.175J Authorisation to have possession or control of personal device while working directly with children\n\nAn approved provider of an education and care service (other than a family day care service) may authorise a person to have a personal device in the person’s possession or under the person’s control while the person is working directly with children as part of the service if the approved provider is reasonably satisfied that the possession or control is necessary for the purposes of—\nproviding support or assistance with the person’s disability or health needs; or\ncommunication with a family member of the person; or\nsafety or the provision of education and care to the children if a service-supplied device ceases working; or\nuse in an emergency; or\nwork health and safety.\nAn approved provider who authorises a personal device under subsection (1) must—\nrecord the authorisation in writing; and\ninclude the prescribed information in that written record.\nAn approved provider must keep a written record required to be made under subsection (2) for the prescribed period.\nA period prescribed for the purposes of subsection (3) must be at least 3 years.\ns 175J ins 2025 No. 53 (Vic) s 81\n(sec.175J-ssec.1) An approved provider of an education and care service (other than a family day care service) may authorise a person to have a personal device in the person’s possession or under the person’s control while the person is working directly with children as part of the service if the approved provider is reasonably satisfied that the possession or control is necessary for the purposes of— providing support or assistance with the person’s disability or health needs; or communication with a family member of the person; or safety or the provision of education and care to the children if a service-supplied device ceases working; or use in an emergency; or work health and safety.\n(sec.175J-ssec.2) An approved provider who authorises a personal device under subsection (1) must— record the authorisation in writing; and include the prescribed information in that written record.\n(sec.175J-ssec.3) An approved provider must keep a written record required to be made under subsection (2) for the prescribed period.\n(sec.175J-ssec.4) A period prescribed for the purposes of subsection (3) must be at least 3 years.\n- (a) providing support or assistance with the person’s disability or health needs; or\n- (b) communication with a family member of the person; or\n- (c) safety or the provision of education and care to the children if a service-supplied device ceases working; or\n- (d) use in an emergency; or\n- (e) work health and safety.\n- (a) record the authorisation in writing; and\n- (b) include the prescribed information in that written record.","sortOrder":239},{"sectionNumber":"pt.7","sectionType":"part","heading":"Compliance with this Law","content":"# Compliance with this Law","sortOrder":240},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Notices","content":"## Notices","sortOrder":241},{"sectionNumber":"sec.176","sectionType":"section","heading":"Compliance directions","content":"### sec.176 Compliance directions\n\nThis section applies if the Regulatory Authority is satisfied that an education and care service has not complied with a provision of this Law that is prescribed by the national regulations.\nThe Regulatory Authority may give the approved provider a written direction (a compliance direction ) requiring the approved provider to take the steps specified in the direction to comply with that provision.\nWithout limiting subsection (2) , the Regulatory Authority may give an approved provider of the education and care service a written direction (a compliance direction ) requiring the approved provider to take the steps specified in the direction if the Regulatory Authority is satisfied that—\nthere is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\nthe direction is reasonably necessary to address the systemic risk.\nAn approved provider must comply with a direction under subsection (2) or (2A) within the period (being not less than 14 days) specified in the direction.\nPenalty:\n$6600, in the case of an individual.\n$34 200, in any other case.\ns 176 amd 2022 No. 43 (Vic) s 79 ; 2025 No. 53 (Vic) ss 40 , 82\n(sec.176-ssec.1) This section applies if the Regulatory Authority is satisfied that an education and care service has not complied with a provision of this Law that is prescribed by the national regulations.\n(sec.176-ssec.2) The Regulatory Authority may give the approved provider a written direction (a compliance direction ) requiring the approved provider to take the steps specified in the direction to comply with that provision.\n(sec.176-ssec.2A) Without limiting subsection (2) , the Regulatory Authority may give an approved provider of the education and care service a written direction (a compliance direction ) requiring the approved provider to take the steps specified in the direction if the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and the direction is reasonably necessary to address the systemic risk.\n(sec.176-ssec.3) An approved provider must comply with a direction under subsection (2) or (2A) within the period (being not less than 14 days) specified in the direction. Penalty: $6600, in the case of an individual. $34 200, in any other case.\n- (a) there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\n- (b) the direction is reasonably necessary to address the systemic risk.","sortOrder":242},{"sectionNumber":"sec.177","sectionType":"section","heading":"Compliance notices","content":"### sec.177 Compliance notices\n\nThis section applies if the Regulatory Authority is satisfied that an education and care service is not complying with any provision of this Law.\nThe Regulatory Authority may give the approved provider a notice (a compliance notice ) requiring the approved provider to take the steps specified in the notice to comply with that provision.\nWithout limiting subsection (2) , the Regulatory Authority may give an approved provider of the education and care service a notice (a compliance notice ) requiring the approved provider to take the steps specified in the notice if the Regulatory Authority is satisfied that—\nthere is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\nthe notice is reasonably necessary to address the systemic risk.\nAn approved provider must comply with a compliance notice under subsection (2) or (2A) within the period (being not less than 14 days) specified in the notice.\nPenalty:\n$20 400, in the case of an individual.\n$103 200, in any other case.\ns 177 amd 2022 No. 43 (Vic) s 80 ; 2025 No. 53 (Vic) ss 41 , 83\n(sec.177-ssec.1) This section applies if the Regulatory Authority is satisfied that an education and care service is not complying with any provision of this Law.\n(sec.177-ssec.2) The Regulatory Authority may give the approved provider a notice (a compliance notice ) requiring the approved provider to take the steps specified in the notice to comply with that provision.\n(sec.177-ssec.2A) Without limiting subsection (2) , the Regulatory Authority may give an approved provider of the education and care service a notice (a compliance notice ) requiring the approved provider to take the steps specified in the notice if the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and the notice is reasonably necessary to address the systemic risk.\n(sec.177-ssec.3) An approved provider must comply with a compliance notice under subsection (2) or (2A) within the period (being not less than 14 days) specified in the notice. Penalty: $20 400, in the case of an individual. $103 200, in any other case.\n- (a) there is a systemic risk in relation to the approved provider or a related provider of the approved provider; and\n- (b) the notice is reasonably necessary to address the systemic risk.","sortOrder":243},{"sectionNumber":"sec.178","sectionType":"section","heading":"Notice to suspend education and care by a family day care educator","content":"### sec.178 Notice to suspend education and care by a family day care educator\n\nThis section applies if the Regulatory Authority is satisfied that because of the conduct of, or the inadequacy of the service provided by, a family day care educator engaged by or registered with a family day care service—\nthe approved provider or a nominated supervisor of an approved family day care service is not complying with any provision of this Law; or\nthere is a risk to the safety, health or wellbeing of children being educated and cared for by the family day care educator.\nThe Regulatory Authority may give the approved provider, the nominated supervisor (if applicable) and the educator a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to give the approved provider a notice directing the provider to suspend the provision of education and care by the educator; and\nthe reasons for the proposed direction; and\nthat the approved provider, nominated supervisor or educator, (as the case requires) may, within 14 days after the show cause notice is given, make submissions to the Regulatory Authority in respect of the proposed direction.\nThe show cause notice must be served by delivering it personally to the family day care educator.\nThe Regulatory Authority—\nmust consider any submissions from the approved provider, the nominated supervisor and the family day care educator received within the time allowed by subsection (2) (c) ; and\nmay consider any other submissions and any matters the Regulatory Authority considers relevant; and\nmay—\ngive the approved provider a notice directing the provider to suspend the provision of education and care of children by the family day care educator; or\ndecide not to give that direction.\nThe Regulatory Authority must give the family day care educator a notice of the decision under subsection (4) .\nIf the Regulatory Authority decides not to give the direction to suspend, the Regulatory Authority must give the approved provider notice of the decision.\nA person must comply with a direction under subsection (4) .\nPenalty:\n$20 400, in the case of an individual.\n$103 200, in any other case.\ns 178 amd 2017 No. 9 (Vic) s 39 (2) ; 2022 No. 43 (Vic) s 81 ; 2025 No. 53 (Vic) s 42\n(sec.178-ssec.1) This section applies if the Regulatory Authority is satisfied that because of the conduct of, or the inadequacy of the service provided by, a family day care educator engaged by or registered with a family day care service— the approved provider or a nominated supervisor of an approved family day care service is not complying with any provision of this Law; or there is a risk to the safety, health or wellbeing of children being educated and cared for by the family day care educator.\n(sec.178-ssec.2) The Regulatory Authority may give the approved provider, the nominated supervisor (if applicable) and the educator a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the approved provider a notice directing the provider to suspend the provision of education and care by the educator; and the reasons for the proposed direction; and that the approved provider, nominated supervisor or educator, (as the case requires) may, within 14 days after the show cause notice is given, make submissions to the Regulatory Authority in respect of the proposed direction.\n(sec.178-ssec.3) The show cause notice must be served by delivering it personally to the family day care educator.\n(sec.178-ssec.4) The Regulatory Authority— must consider any submissions from the approved provider, the nominated supervisor and the family day care educator received within the time allowed by subsection (2) (c) ; and may consider any other submissions and any matters the Regulatory Authority considers relevant; and may— give the approved provider a notice directing the provider to suspend the provision of education and care of children by the family day care educator; or decide not to give that direction.\n(sec.178-ssec.5) The Regulatory Authority must give the family day care educator a notice of the decision under subsection (4) .\n(sec.178-ssec.6) If the Regulatory Authority decides not to give the direction to suspend, the Regulatory Authority must give the approved provider notice of the decision.\n(sec.178-ssec.7) A person must comply with a direction under subsection (4) . Penalty: $20 400, in the case of an individual. $103 200, in any other case.\n- (a) the approved provider or a nominated supervisor of an approved family day care service is not complying with any provision of this Law; or\n- (b) there is a risk to the safety, health or wellbeing of children being educated and cared for by the family day care educator.\n- (a) that the Regulatory Authority intends to give the approved provider a notice directing the provider to suspend the provision of education and care by the educator; and\n- (b) the reasons for the proposed direction; and\n- (c) that the approved provider, nominated supervisor or educator, (as the case requires) may, within 14 days after the show cause notice is given, make submissions to the Regulatory Authority in respect of the proposed direction.\n- (a) must consider any submissions from the approved provider, the nominated supervisor and the family day care educator received within the time allowed by subsection (2) (c) ; and\n- (b) may consider any other submissions and any matters the Regulatory Authority considers relevant; and\n- (c) may— (i) give the approved provider a notice directing the provider to suspend the provision of education and care of children by the family day care educator; or (ii) decide not to give that direction.\n- (i) give the approved provider a notice directing the provider to suspend the provision of education and care of children by the family day care educator; or\n- (ii) decide not to give that direction.\n- (i) give the approved provider a notice directing the provider to suspend the provision of education and care of children by the family day care educator; or\n- (ii) decide not to give that direction.","sortOrder":244},{"sectionNumber":"sec.178A","sectionType":"section","heading":"Direction to suspend education and care by staff member (other than a family day care educator) or volunteer","content":"### sec.178A Direction to suspend education and care by staff member (other than a family day care educator) or volunteer\n\nThe Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a staff member of the service (other than a family day care educator), or by a volunteer at the service, for a period of time determined by the Regulatory Authority (a suspension direction ) if the Regulatory Authority is reasonably satisfied that—\nbecause of the conduct of, or the inadequacy of education and care provided by, the staff member or volunteer—\nthe approved provider is not complying with any provision of this Law; or\na nominated supervisor of the service is not complying with any provision of this Law; or\nthere is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\nthe staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) .\nBefore giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to give the provider a suspension direction; and\nthe reasons for the proposed suspension direction; and\nthat the provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed suspension direction.\nAfter the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority—\nmust consider any submissions from the approved provider received within the show cause period; and\nmay consider any other submissions and any other matters the Regulatory Authority considers relevant; and\nmay decide—\nto give the approved provider a suspension direction; or\nnot to give the provider a suspension direction.\nIf, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority’s decision.\nThe Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that—\nthere is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and\nthe suspension direction is necessary to protect the safety, health or wellbeing of the child or children.\nAn approved provider to whom a suspension direction is given must not contravene that direction.\nPenalty:\n$20 400, in the case of an individual.\n$103 200, in any other case.\ns 178A ins 2025 No. 53 (Vic) s 84\n(sec.178A-ssec.1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a staff member of the service (other than a family day care educator), or by a volunteer at the service, for a period of time determined by the Regulatory Authority (a suspension direction ) if the Regulatory Authority is reasonably satisfied that— because of the conduct of, or the inadequacy of education and care provided by, the staff member or volunteer— the approved provider is not complying with any provision of this Law; or a nominated supervisor of the service is not complying with any provision of this Law; or there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) .\n(sec.178A-ssec.2) Before giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the provider a suspension direction; and the reasons for the proposed suspension direction; and that the provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed suspension direction.\n(sec.178A-ssec.3) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority— must consider any submissions from the approved provider received within the show cause period; and may consider any other submissions and any other matters the Regulatory Authority considers relevant; and may decide— to give the approved provider a suspension direction; or not to give the provider a suspension direction.\n(sec.178A-ssec.4) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority’s decision.\n(sec.178A-ssec.5) The Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that— there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and the suspension direction is necessary to protect the safety, health or wellbeing of the child or children.\n(sec.178A-ssec.6) An approved provider to whom a suspension direction is given must not contravene that direction. Penalty: $20 400, in the case of an individual. $103 200, in any other case.\n- (a) because of the conduct of, or the inadequacy of education and care provided by, the staff member or volunteer— (i) the approved provider is not complying with any provision of this Law; or (ii) a nominated supervisor of the service is not complying with any provision of this Law; or (iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n- (i) the approved provider is not complying with any provision of this Law; or\n- (ii) a nominated supervisor of the service is not complying with any provision of this Law; or\n- (iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n- (b) the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) .\n- (i) the approved provider is not complying with any provision of this Law; or\n- (ii) a nominated supervisor of the service is not complying with any provision of this Law; or\n- (iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n- (a) that the Regulatory Authority intends to give the provider a suspension direction; and\n- (b) the reasons for the proposed suspension direction; and\n- (c) that the provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed suspension direction.\n- (a) must consider any submissions from the approved provider received within the show cause period; and\n- (b) may consider any other submissions and any other matters the Regulatory Authority considers relevant; and\n- (c) may decide— (i) to give the approved provider a suspension direction; or (ii) not to give the provider a suspension direction.\n- (i) to give the approved provider a suspension direction; or\n- (ii) not to give the provider a suspension direction.\n- (i) to give the approved provider a suspension direction; or\n- (ii) not to give the provider a suspension direction.\n- (a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and\n- (b) the suspension direction is necessary to protect the safety, health or wellbeing of the child or children.","sortOrder":245},{"sectionNumber":"sec.178B","sectionType":"section","heading":"Direction to suspend education and care by nominated supervisor","content":"### sec.178B Direction to suspend education and care by nominated supervisor\n\nThe Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a nominated supervisor of the service for a period of time determined by the Regulatory Authority (a suspension direction ) if the Regulatory Authority is reasonably satisfied that—\nbecause of the conduct of, or the inadequacy of education and care provided by, the nominated supervisor—\nthe nominated supervisor is not complying with any provision of this Law; or\nthe approved provider is not complying with any provision of this Law; or\nthere is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\nthe nominated supervisor has contravened or is alleged to have contravened section 166 (2) or 166A (2) or (4) .\nBefore giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to give the provider a suspension direction; and\nthe reasons for the proposed suspension direction; and\nthat the provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed suspension direction.\nAfter the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority—\nmust consider any submissions from the approved provider received within the show cause period; and\nmay consider any other submissions and any other matters the Regulatory Authority considers relevant; and\nmay decide—\nto give the approved provider a suspension direction; or\nnot to give the provider a suspension direction.\nIf, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority’s decision.\nThe Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that—\nthere is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and\nthe suspension direction is necessary to protect the safety, health or wellbeing of the child or children.\nAn approved provider to whom a suspension direction is given must not contravene that direction.\nPenalty:\n$20 400, in the case of an individual.\n$103 200, in any other case.\ns 178B ins 2025 No. 53 (Vic) s 84\n(sec.178B-ssec.1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a nominated supervisor of the service for a period of time determined by the Regulatory Authority (a suspension direction ) if the Regulatory Authority is reasonably satisfied that— because of the conduct of, or the inadequacy of education and care provided by, the nominated supervisor— the nominated supervisor is not complying with any provision of this Law; or the approved provider is not complying with any provision of this Law; or there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or the nominated supervisor has contravened or is alleged to have contravened section 166 (2) or 166A (2) or (4) .\n(sec.178B-ssec.2) Before giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the provider a suspension direction; and the reasons for the proposed suspension direction; and that the provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed suspension direction.\n(sec.178B-ssec.3) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority— must consider any submissions from the approved provider received within the show cause period; and may consider any other submissions and any other matters the Regulatory Authority considers relevant; and may decide— to give the approved provider a suspension direction; or not to give the provider a suspension direction.\n(sec.178B-ssec.4) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a suspension direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority’s decision.\n(sec.178B-ssec.5) The Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that— there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and the suspension direction is necessary to protect the safety, health or wellbeing of the child or children.\n(sec.178B-ssec.6) An approved provider to whom a suspension direction is given must not contravene that direction. Penalty: $20 400, in the case of an individual. $103 200, in any other case.\n- (a) because of the conduct of, or the inadequacy of education and care provided by, the nominated supervisor— (i) the nominated supervisor is not complying with any provision of this Law; or (ii) the approved provider is not complying with any provision of this Law; or (iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n- (i) the nominated supervisor is not complying with any provision of this Law; or\n- (ii) the approved provider is not complying with any provision of this Law; or\n- (iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n- (b) the nominated supervisor has contravened or is alleged to have contravened section 166 (2) or 166A (2) or (4) .\n- (i) the nominated supervisor is not complying with any provision of this Law; or\n- (ii) the approved provider is not complying with any provision of this Law; or\n- (iii) there is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n- (a) that the Regulatory Authority intends to give the provider a suspension direction; and\n- (b) the reasons for the proposed suspension direction; and\n- (c) that the provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed suspension direction.\n- (a) must consider any submissions from the approved provider received within the show cause period; and\n- (b) may consider any other submissions and any other matters the Regulatory Authority considers relevant; and\n- (c) may decide— (i) to give the approved provider a suspension direction; or (ii) not to give the provider a suspension direction.\n- (i) to give the approved provider a suspension direction; or\n- (ii) not to give the provider a suspension direction.\n- (i) to give the approved provider a suspension direction; or\n- (ii) not to give the provider a suspension direction.\n- (a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and\n- (b) the suspension direction is necessary to protect the safety, health or wellbeing of the child or children.","sortOrder":246},{"sectionNumber":"sec.178C","sectionType":"section","heading":"Direction requiring supervision of staff member (other than a family day care co-ordinator) or volunteer","content":"### sec.178C Direction requiring supervision of staff member (other than a family day care co-ordinator) or volunteer\n\nThe Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to ensure that a staff member of the service (other than a family day care co-ordinator), or a volunteer at the service, is directly supervised while providing education and care to children as part of the service (a supervision direction ) if the Regulatory Authority is reasonably satisfied that—\nbecause of the conduct of the staff member or volunteer—\nthe approved provider is not complying with any provision of this Law; or\na nominated supervisor of the service is not complying with any provision of this Law; or\nthe staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) .\nA supervision direction must specify—\nthat the staff member of, or volunteer at, the service is to be directly supervised—\nby a suitably qualified and experienced person specified in subsection (3) ; and\nfor a period of time determined by the Regulatory Authority; and\ndetails of any conditions applying to the supervision of the staff member or volunteer.\nThe following persons are specified—\na person in day-to-day charge of the service;\na nominated supervisor of the service;\na staff member of the service.\nBefore giving the approved provider a supervision direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to give the approved provider a supervision direction; and\nthe reasons for the proposed supervision direction; and\nthat the approved provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed supervision direction.\nAfter the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority—\nmust consider any submissions from the approved provider received within the show cause period; and\nmay consider any other submissions and any other matters the Regulatory Authority considers relevant; and\nmay decide—\nto give the approved provider a supervision direction; or\nnot to give the provider a supervision direction.\nIf, after the show cause period, the Regulatory Authority decides not to give the approved provider a supervision direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority’s decision.\nThe Regulatory Authority may immediately give the approved provider a supervision direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that—\nthere is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and\nthe supervision direction is necessary to protect the safety, health or wellbeing of the child or children.\nAn approved provider to whom a supervision direction is given must not contravene that direction.\nPenalty:\n$20 400, in the case of an individual.\n$103 200, in any other case.\ns 178C ins 2025 No. 53 (Vic) s 84\n(sec.178C-ssec.1) The Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to ensure that a staff member of the service (other than a family day care co-ordinator), or a volunteer at the service, is directly supervised while providing education and care to children as part of the service (a supervision direction ) if the Regulatory Authority is reasonably satisfied that— because of the conduct of the staff member or volunteer— the approved provider is not complying with any provision of this Law; or a nominated supervisor of the service is not complying with any provision of this Law; or the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) .\n(sec.178C-ssec.2) A supervision direction must specify— that the staff member of, or volunteer at, the service is to be directly supervised— by a suitably qualified and experienced person specified in subsection (3) ; and for a period of time determined by the Regulatory Authority; and details of any conditions applying to the supervision of the staff member or volunteer.\n(sec.178C-ssec.3) The following persons are specified— a person in day-to-day charge of the service; a nominated supervisor of the service; a staff member of the service.\n(sec.178C-ssec.4) Before giving the approved provider a supervision direction, the Regulatory Authority may give the provider a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the approved provider a supervision direction; and the reasons for the proposed supervision direction; and that the approved provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed supervision direction.\n(sec.178C-ssec.5) After the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority— must consider any submissions from the approved provider received within the show cause period; and may consider any other submissions and any other matters the Regulatory Authority considers relevant; and may decide— to give the approved provider a supervision direction; or not to give the provider a supervision direction.\n(sec.178C-ssec.6) If, after the show cause period, the Regulatory Authority decides not to give the approved provider a supervision direction, the Regulatory Authority must give the provider written notice of the Regulatory Authority’s decision.\n(sec.178C-ssec.7) The Regulatory Authority may immediately give the approved provider a supervision direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that— there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and the supervision direction is necessary to protect the safety, health or wellbeing of the child or children.\n(sec.178C-ssec.8) An approved provider to whom a supervision direction is given must not contravene that direction. Penalty: $20 400, in the case of an individual. $103 200, in any other case.\n- (a) because of the conduct of the staff member or volunteer— (i) the approved provider is not complying with any provision of this Law; or (ii) a nominated supervisor of the service is not complying with any provision of this Law; or\n- (i) the approved provider is not complying with any provision of this Law; or\n- (ii) a nominated supervisor of the service is not complying with any provision of this Law; or\n- (b) the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) .\n- (i) the approved provider is not complying with any provision of this Law; or\n- (ii) a nominated supervisor of the service is not complying with any provision of this Law; or\n- (a) that the staff member of, or volunteer at, the service is to be directly supervised— (i) by a suitably qualified and experienced person specified in subsection (3) ; and (ii) for a period of time determined by the Regulatory Authority; and\n- (i) by a suitably qualified and experienced person specified in subsection (3) ; and\n- (ii) for a period of time determined by the Regulatory Authority; and\n- (b) details of any conditions applying to the supervision of the staff member or volunteer.\n- (i) by a suitably qualified and experienced person specified in subsection (3) ; and\n- (ii) for a period of time determined by the Regulatory Authority; and\n- (a) a person in day-to-day charge of the service;\n- (b) a nominated supervisor of the service;\n- (c) a staff member of the service.\n- (a) that the Regulatory Authority intends to give the approved provider a supervision direction; and\n- (b) the reasons for the proposed supervision direction; and\n- (c) that the approved provider may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed supervision direction.\n- (a) must consider any submissions from the approved provider received within the show cause period; and\n- (b) may consider any other submissions and any other matters the Regulatory Authority considers relevant; and\n- (c) may decide— (i) to give the approved provider a supervision direction; or (ii) not to give the provider a supervision direction.\n- (i) to give the approved provider a supervision direction; or\n- (ii) not to give the provider a supervision direction.\n- (i) to give the approved provider a supervision direction; or\n- (ii) not to give the provider a supervision direction.\n- (a) there is an immediate risk to the safety, health or wellbeing of a child or children being educated or cared for by the service; and\n- (b) the supervision direction is necessary to protect the safety, health or wellbeing of the child or children.","sortOrder":247},{"sectionNumber":"sec.178D","sectionType":"section","heading":"Direction requiring nominated supervisor to complete training","content":"### sec.178D Direction requiring nominated supervisor to complete training\n\nThe Regulatory Authority may give a notice to a nominated supervisor of an education and care service that directs the nominated supervisor to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a training direction ) if the Regulatory Authority is reasonably satisfied that—\nbecause of the conduct of the nominated supervisor—\nthe nominated supervisor is not complying with any provision of this Law; or\nthe approved provider of the service is not complying with any provision of this Law; or\nthe nominated supervisor has contravened or is alleged to have contravened section 166 (2) or 166A (2) or (4) .\nA training direction must specify details of any conditions applying to the nominated supervisor’s training.\nBefore giving the nominated supervisor a training direction, the Regulatory Authority may give the nominated supervisor a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to give the nominated supervisor a training direction; and\nthe reasons for the proposed training direction; and\nthat the nominated supervisor may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed training direction.\nAfter the Regulatory Authority gives the nominated supervisor a show cause notice, the Regulatory Authority—\nmust consider any submissions from the nominated supervisor received within the show cause period; and\nmay consider any other submissions and any other matters the Regulatory Authority considers relevant; and\nmay decide—\nto give the nominated supervisor a training direction; or\nnot to give the nominated supervisor a training direction.\nIf the Regulatory Authority decides to give the nominated supervisor a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority’s decision.\nIf, after the show cause period, the Regulatory Authority decides not to give the nominated supervisor a training direction, the Regulatory Authority must give the nominated supervisor written notice of the Regulatory Authority’s decision.\nA nominated supervisor to whom a training direction is given must not contravene that direction.\nPenalty: $20 400.\ns 178D ins 2025 No. 53 (Vic) s 84\n(sec.178D-ssec.1) The Regulatory Authority may give a notice to a nominated supervisor of an education and care service that directs the nominated supervisor to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a training direction ) if the Regulatory Authority is reasonably satisfied that— because of the conduct of the nominated supervisor— the nominated supervisor is not complying with any provision of this Law; or the approved provider of the service is not complying with any provision of this Law; or the nominated supervisor has contravened or is alleged to have contravened section 166 (2) or 166A (2) or (4) .\n(sec.178D-ssec.2) A training direction must specify details of any conditions applying to the nominated supervisor’s training.\n(sec.178D-ssec.3) Before giving the nominated supervisor a training direction, the Regulatory Authority may give the nominated supervisor a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the nominated supervisor a training direction; and the reasons for the proposed training direction; and that the nominated supervisor may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed training direction.\n(sec.178D-ssec.4) After the Regulatory Authority gives the nominated supervisor a show cause notice, the Regulatory Authority— must consider any submissions from the nominated supervisor received within the show cause period; and may consider any other submissions and any other matters the Regulatory Authority considers relevant; and may decide— to give the nominated supervisor a training direction; or not to give the nominated supervisor a training direction.\n(sec.178D-ssec.5) If the Regulatory Authority decides to give the nominated supervisor a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority’s decision.\n(sec.178D-ssec.6) If, after the show cause period, the Regulatory Authority decides not to give the nominated supervisor a training direction, the Regulatory Authority must give the nominated supervisor written notice of the Regulatory Authority’s decision.\n(sec.178D-ssec.7) A nominated supervisor to whom a training direction is given must not contravene that direction. Penalty: $20 400.\n- (a) because of the conduct of the nominated supervisor— (i) the nominated supervisor is not complying with any provision of this Law; or (ii) the approved provider of the service is not complying with any provision of this Law; or\n- (i) the nominated supervisor is not complying with any provision of this Law; or\n- (ii) the approved provider of the service is not complying with any provision of this Law; or\n- (b) the nominated supervisor has contravened or is alleged to have contravened section 166 (2) or 166A (2) or (4) .\n- (i) the nominated supervisor is not complying with any provision of this Law; or\n- (ii) the approved provider of the service is not complying with any provision of this Law; or\n- (a) that the Regulatory Authority intends to give the nominated supervisor a training direction; and\n- (b) the reasons for the proposed training direction; and\n- (c) that the nominated supervisor may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed training direction.\n- (a) must consider any submissions from the nominated supervisor received within the show cause period; and\n- (b) may consider any other submissions and any other matters the Regulatory Authority considers relevant; and\n- (c) may decide— (i) to give the nominated supervisor a training direction; or (ii) not to give the nominated supervisor a training direction.\n- (i) to give the nominated supervisor a training direction; or\n- (ii) not to give the nominated supervisor a training direction.\n- (i) to give the nominated supervisor a training direction; or\n- (ii) not to give the nominated supervisor a training direction.","sortOrder":248},{"sectionNumber":"sec.178E","sectionType":"section","heading":"Direction requiring staff member or volunteer to complete training","content":"### sec.178E Direction requiring staff member or volunteer to complete training\n\nThe Regulatory Authority may give a notice to a staff member of, or a volunteer at, an education and care service that directs the staff member or volunteer to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a training direction ) if the Regulatory Authority is reasonably satisfied that—\nbecause of the conduct of the staff member or volunteer—\nthe approved provider of the service is not complying with any provision of this Law; or\nthe nominated supervisor of the service is not complying with any provision of this Law; or\nthe staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) .\nA training direction must specify details of any conditions applying to the training of the staff member or volunteer.\nBefore giving the staff member or volunteer a training direction, the Regulatory Authority may give the staff member or volunteer a notice ( show cause notice ) stating—\nthat the Regulatory Authority intends to give the staff member or volunteer a training direction; and\nthe reasons for the proposed training direction; and\nthat the staff member or volunteer may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed training direction.\nAfter the Regulatory Authority gives the staff member or volunteer a show cause notice, the Regulatory Authority—\nmust consider any submissions from the staff member or volunteer received within the show cause period; and\nmay consider any other submissions and any other matters the Regulatory Authority considers relevant; and\nmay decide—\nto give the staff member or volunteer a training direction; or\nnot to give the staff member or volunteer a training direction.\nIf the Regulatory Authority decides to give the staff member or volunteer a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority’s decision.\nIf, after the show cause period, the Regulatory Authority decides not to give the staff member or volunteer a training direction, the Regulatory Authority must give the staff member or volunteer written notice of the Regulatory Authority’s decision.\nA staff member or volunteer to whom a training direction is given must not contravene that direction.\nPenalty: $20 400.\ns 178E ins 2025 No. 53 (Vic) s 84\n(sec.178E-ssec.1) The Regulatory Authority may give a notice to a staff member of, or a volunteer at, an education and care service that directs the staff member or volunteer to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a training direction ) if the Regulatory Authority is reasonably satisfied that— because of the conduct of the staff member or volunteer— the approved provider of the service is not complying with any provision of this Law; or the nominated supervisor of the service is not complying with any provision of this Law; or the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) .\n(sec.178E-ssec.2) A training direction must specify details of any conditions applying to the training of the staff member or volunteer.\n(sec.178E-ssec.3) Before giving the staff member or volunteer a training direction, the Regulatory Authority may give the staff member or volunteer a notice ( show cause notice ) stating— that the Regulatory Authority intends to give the staff member or volunteer a training direction; and the reasons for the proposed training direction; and that the staff member or volunteer may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed training direction.\n(sec.178E-ssec.4) After the Regulatory Authority gives the staff member or volunteer a show cause notice, the Regulatory Authority— must consider any submissions from the staff member or volunteer received within the show cause period; and may consider any other submissions and any other matters the Regulatory Authority considers relevant; and may decide— to give the staff member or volunteer a training direction; or not to give the staff member or volunteer a training direction.\n(sec.178E-ssec.5) If the Regulatory Authority decides to give the staff member or volunteer a training direction, the Regulatory Authority must give the approved provider of the service written notice of the Regulatory Authority’s decision.\n(sec.178E-ssec.6) If, after the show cause period, the Regulatory Authority decides not to give the staff member or volunteer a training direction, the Regulatory Authority must give the staff member or volunteer written notice of the Regulatory Authority’s decision.\n(sec.178E-ssec.7) A staff member or volunteer to whom a training direction is given must not contravene that direction. Penalty: $20 400.\n- (a) because of the conduct of the staff member or volunteer— (i) the approved provider of the service is not complying with any provision of this Law; or (ii) the nominated supervisor of the service is not complying with any provision of this Law; or\n- (i) the approved provider of the service is not complying with any provision of this Law; or\n- (ii) the nominated supervisor of the service is not complying with any provision of this Law; or\n- (b) the staff member or volunteer has contravened or is alleged to have contravened section 166 (3) or 166A (5) or (6) .\n- (i) the approved provider of the service is not complying with any provision of this Law; or\n- (ii) the nominated supervisor of the service is not complying with any provision of this Law; or\n- (a) that the Regulatory Authority intends to give the staff member or volunteer a training direction; and\n- (b) the reasons for the proposed training direction; and\n- (c) that the staff member or volunteer may, within 14 days after the show cause notice is given (the show cause period ), make submissions to the Regulatory Authority in respect of the proposed training direction.\n- (a) must consider any submissions from the staff member or volunteer received within the show cause period; and\n- (b) may consider any other submissions and any other matters the Regulatory Authority considers relevant; and\n- (c) may decide— (i) to give the staff member or volunteer a training direction; or (ii) not to give the staff member or volunteer a training direction.\n- (i) to give the staff member or volunteer a training direction; or\n- (ii) not to give the staff member or volunteer a training direction.\n- (i) to give the staff member or volunteer a training direction; or\n- (ii) not to give the staff member or volunteer a training direction.","sortOrder":249},{"sectionNumber":"sec.179","sectionType":"section","heading":"Emergency action notices","content":"### sec.179 Emergency action notices\n\nThis section applies if the Regulatory Authority is satisfied that an education and care service is operating in a manner that poses, or is likely to pose, an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by the service.\nThe Regulatory Authority may, by written notice, direct the approved provider of the education and care service to take the steps specified in the notice to remove or reduce the risk within the time (not more than 14 days) specified in the notice.\nAn approved provider must comply with a direction given under subsection (2) .\nPenalty:\n$20 400, in the case of an individual.\n$103 200, in any other case.\ns 179 amd 2022 No. 43 (Vic) s 82 ; 2025 No. 53 (Vic) s 43\n(sec.179-ssec.1) This section applies if the Regulatory Authority is satisfied that an education and care service is operating in a manner that poses, or is likely to pose, an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by the service.\n(sec.179-ssec.2) The Regulatory Authority may, by written notice, direct the approved provider of the education and care service to take the steps specified in the notice to remove or reduce the risk within the time (not more than 14 days) specified in the notice.\n(sec.179-ssec.3) An approved provider must comply with a direction given under subsection (2) . Penalty: $20 400, in the case of an individual. $103 200, in any other case.","sortOrder":250},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Enforceable undertakings","content":"## Enforceable undertakings","sortOrder":251},{"sectionNumber":"sec.179A","sectionType":"section","heading":"Enforceable undertakings","content":"### sec.179A Enforceable undertakings\n\nThis section applies—\nif a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law; or\nin the circumstances set out in section 27 (a) , 72 (a) or 184 (3) .\nIf subsection (1) (a) applies, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law.\nWithout limiting subsection (2) , if subsection (1) (a) applies in relation to a related provider of an approved provider, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law if the Regulatory Authority is satisfied that there is a systemic risk in relation to the approved provider or the related provider.\nIf subsection (1) (b) applies in relation to the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions in relation to the education and care service.\nIf subsection (1) (b) applies in relation to a person other than the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions in relation to an education and care service.\nA person may, with the consent of the Regulatory Authority, withdraw or amend an undertaking.\nThe Regulatory Authority may withdraw its acceptance of the undertaking at any time and the undertaking ceases to be in force on that withdrawal.\nThe Regulatory Authority may publish on the Regulatory Authority’s website an undertaking accepted under this section.\ns 179A ins 2017 No. 9 (Vic) s 45\namd 2025 No. 53 (Vic) s 85\n(sec.179A-ssec.1) This section applies— if a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law; or in the circumstances set out in section 27 (a) , 72 (a) or 184 (3) .\n(sec.179A-ssec.2) If subsection (1) (a) applies, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law.\n(sec.179A-ssec.2A) Without limiting subsection (2) , if subsection (1) (a) applies in relation to a related provider of an approved provider, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions, to comply with this Law if the Regulatory Authority is satisfied that there is a systemic risk in relation to the approved provider or the related provider.\n(sec.179A-ssec.3) If subsection (1) (b) applies in relation to the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the approved provider, under which the approved provider undertakes to take certain actions, or refrain from taking certain actions in relation to the education and care service.\n(sec.179A-ssec.4) If subsection (1) (b) applies in relation to a person other than the approved provider of an education and care service, the Regulatory Authority may accept a written undertaking from the person, under which the person undertakes to take certain actions, or refrain from taking certain actions in relation to an education and care service.\n(sec.179A-ssec.5) A person may, with the consent of the Regulatory Authority, withdraw or amend an undertaking.\n(sec.179A-ssec.6) The Regulatory Authority may withdraw its acceptance of the undertaking at any time and the undertaking ceases to be in force on that withdrawal.\n(sec.179A-ssec.7) The Regulatory Authority may publish on the Regulatory Authority’s website an undertaking accepted under this section.\n- (a) if a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law; or\n- (b) in the circumstances set out in section 27 (a) , 72 (a) or 184 (3) .","sortOrder":252},{"sectionNumber":"sec.179B","sectionType":"section","heading":"Certain actions prohibited while undertaking is in force","content":"### sec.179B Certain actions prohibited while undertaking is in force\n\nWhile an undertaking is in force under section 179A (2) or (2A) , proceedings may not be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking is given.\nWhile an undertaking is in force under section 179A (3) , the Regulatory Authority must not (as the case requires)—\nsuspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or\nsuspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or\ngive a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\nWhile an undertaking is in force under section 179A (4) , the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\ns 179B ins 2017 No. 9 (Vic) s 45\namd 2025 No. 53 (Vic) s 86\n(sec.179B-ssec.1) While an undertaking is in force under section 179A (2) or (2A) , proceedings may not be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking is given.\n(sec.179B-ssec.2) While an undertaking is in force under section 179A (3) , the Regulatory Authority must not (as the case requires)— suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n(sec.179B-ssec.3) While an undertaking is in force under section 179A (4) , the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n- (a) suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or\n- (b) suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or\n- (c) give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.","sortOrder":253},{"sectionNumber":"sec.180","sectionType":"section","heading":"Certain actions prohibited if undertaking is complied with","content":"### sec.180 Certain actions prohibited if undertaking is complied with\n\nIf a person complies with the requirements of an undertaking under section 179A (2) , no further proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\nIf an approved provider complies with the requirements of an undertaking under section 179A (2A) , no further proceeding may be commenced for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\nIf an approved provider complies with the requirements of an undertaking under section 179A (3) , the Regulatory Authority must not (as the case requires)—\nsuspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or\nsuspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or\ngive a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\nIf a person complies with the requirements of an undertaking under section 179A (4) , the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\ns 180 sub 2017 No. 9 (Vic) s 45\namd 2025 No. 53 (Vic) s 87\n(sec.180-ssec.1) If a person complies with the requirements of an undertaking under section 179A (2) , no further proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\n(sec.180-ssec.1A) If an approved provider complies with the requirements of an undertaking under section 179A (2A) , no further proceeding may be commenced for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\n(sec.180-ssec.2) If an approved provider complies with the requirements of an undertaking under section 179A (3) , the Regulatory Authority must not (as the case requires)— suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n(sec.180-ssec.3) If a person complies with the requirements of an undertaking under section 179A (4) , the Regulatory Authority must not give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n- (a) suspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or\n- (b) suspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or\n- (c) give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.","sortOrder":254},{"sectionNumber":"sec.181","sectionType":"section","heading":"Failure to comply with enforceable undertakings","content":"### sec.181 Failure to comply with enforceable undertakings\n\nIf the Regulatory Authority considers that a person who gave an undertaking under section 179A has failed to comply with any of its terms, the Regulatory Authority may apply to the relevant tribunal or court for an order under subsection (2) to enforce the undertaking.\nIf the relevant tribunal or court is satisfied that the person has failed to comply with a term of the undertaking, the relevant tribunal or court may make any of the following orders—\nan order directing the person to comply with the term of the undertaking;\nan order that the person take any specified action for the purpose of complying with the undertaking;\nany other order that the relevant tribunal or court considers appropriate in the circumstances.\nIf the relevant tribunal or court determines that the person has failed to comply with a term of an undertaking under section 179A (2) , proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\nIf the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A (2A) , a proceeding may be commenced for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\nIf the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A (3) , the Regulatory Authority may without further notice—\nif the undertaking was given in circumstances set out in section 27 (a) , suspend the provider approval under section 27 ; or\nif the undertaking was given in circumstances set out in section 72 (a) , suspend the service approval under section 72 ; or\nif the undertaking was given in circumstances set out in section 184 (3) , give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\nIf the relevant tribunal or court determines that a person has failed to comply with a term of an undertaking under section 179A (4) , the Regulatory Authority may, without further notice, give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\nProceedings referred to in subsection (3) or (3A) may be brought within 6 months of the determination or within 2 years of the date of the alleged offence, whichever occurs last.\ns 181 sub 2017 No. 9 (Vic) s 45\namd 2025 No. 53 (Vic) s 88\n(sec.181-ssec.1) If the Regulatory Authority considers that a person who gave an undertaking under section 179A has failed to comply with any of its terms, the Regulatory Authority may apply to the relevant tribunal or court for an order under subsection (2) to enforce the undertaking.\n(sec.181-ssec.2) If the relevant tribunal or court is satisfied that the person has failed to comply with a term of the undertaking, the relevant tribunal or court may make any of the following orders— an order directing the person to comply with the term of the undertaking; an order that the person take any specified action for the purpose of complying with the undertaking; any other order that the relevant tribunal or court considers appropriate in the circumstances.\n(sec.181-ssec.3) If the relevant tribunal or court determines that the person has failed to comply with a term of an undertaking under section 179A (2) , proceedings may be brought for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\n(sec.181-ssec.3A) If the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A (2A) , a proceeding may be commenced for any offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.\n(sec.181-ssec.4) If the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A (3) , the Regulatory Authority may without further notice— if the undertaking was given in circumstances set out in section 27 (a) , suspend the provider approval under section 27 ; or if the undertaking was given in circumstances set out in section 72 (a) , suspend the service approval under section 72 ; or if the undertaking was given in circumstances set out in section 184 (3) , give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n(sec.181-ssec.5) If the relevant tribunal or court determines that a person has failed to comply with a term of an undertaking under section 179A (4) , the Regulatory Authority may, without further notice, give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n(sec.181-ssec.6) Proceedings referred to in subsection (3) or (3A) may be brought within 6 months of the determination or within 2 years of the date of the alleged offence, whichever occurs last.\n- (a) an order directing the person to comply with the term of the undertaking;\n- (b) an order that the person take any specified action for the purpose of complying with the undertaking;\n- (c) any other order that the relevant tribunal or court considers appropriate in the circumstances.\n- (a) if the undertaking was given in circumstances set out in section 27 (a) , suspend the provider approval under section 27 ; or\n- (b) if the undertaking was given in circumstances set out in section 72 (a) , suspend the service approval under section 72 ; or\n- (c) if the undertaking was given in circumstances set out in section 184 (3) , give a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.","sortOrder":255},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Prohibition notices","content":"## Prohibition notices","sortOrder":256},{"sectionNumber":"sec.182","sectionType":"section","heading":"Grounds for giving prohibition notice","content":"### sec.182 Grounds for giving prohibition notice\n\nThe Regulatory Authority may give a prohibition notice to a person who is in any way involved in the provision of an approved education and care service if it considers that there may be an unacceptable risk of harm to a child or children if the person were allowed—\nto remain on the education and care service premises; or\nto provide education and care to children.\nFor the purposes of subsection (1) , a person may be involved in the provision of an approved education and care service as any of the following—\nan approved provider;\na nominated supervisor;\nan educator;\na family day care educator;\nan employee;\na contractor;\na volunteer;\na person who was formerly a person referred to in paragraphs (a) to (g) in relation to the approved education and care service—\nor in any other capacity.\nThe Regulatory Authority may give a prohibition notice to a person to—\nprohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or\nimpose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions.\nWithout limiting subsection (1) , the Regulatory Authority may give a prohibition notice to an approved provider if a related provider of the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction and the Regulatory Authority is satisfied that—\nthere is a systemic risk in relation to the approved provider or the related provider; and\nthe prohibition notice is reasonably necessary to address the systemic risk.\ns 182 amd 2017 No. 9 (Vic) s 46 ; 2025 No. 53 (Vic) s 89\n(sec.182-ssec.1) The Regulatory Authority may give a prohibition notice to a person who is in any way involved in the provision of an approved education and care service if it considers that there may be an unacceptable risk of harm to a child or children if the person were allowed— to remain on the education and care service premises; or to provide education and care to children.\n(sec.182-ssec.2) For the purposes of subsection (1) , a person may be involved in the provision of an approved education and care service as any of the following— an approved provider; a nominated supervisor; an educator; a family day care educator; an employee; a contractor; a volunteer; a person who was formerly a person referred to in paragraphs (a) to (g) in relation to the approved education and care service— or in any other capacity.\n(sec.182-ssec.3) The Regulatory Authority may give a prohibition notice to a person to— prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions.\n(sec.182-ssec.4) Without limiting subsection (1) , the Regulatory Authority may give a prohibition notice to an approved provider if a related provider of the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction and the Regulatory Authority is satisfied that— there is a systemic risk in relation to the approved provider or the related provider; and the prohibition notice is reasonably necessary to address the systemic risk.\n- (a) to remain on the education and care service premises; or\n- (b) to provide education and care to children.\n- (a) an approved provider;\n- (b) a nominated supervisor;\n- (c) an educator;\n- (d) a family day care educator;\n- (e) an employee;\n- (f) a contractor;\n- (g) a volunteer;\n- (h) a person who was formerly a person referred to in paragraphs (a) to (g) in relation to the approved education and care service—\n- (a) prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or\n- (b) impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions.\n- (a) there is a systemic risk in relation to the approved provider or the related provider; and\n- (b) the prohibition notice is reasonably necessary to address the systemic risk.","sortOrder":257},{"sectionNumber":"sec.183","sectionType":"section","heading":"Show cause notice to be given before prohibition notice","content":"### sec.183 Show cause notice to be given before prohibition notice\n\nBefore giving a person a prohibition notice, the Regulatory Authority must give the person a notice (a show cause notice )—\nstating that the Regulatory Authority proposes to give the person a prohibition notice; and\nstating the reasons for the proposed prohibition; and\ninviting the person to make a written submission to the Regulatory Authority, within a stated time of at least 14 days, about the proposed prohibition.\nSubsection (1) does not apply if the Regulatory Authority is satisfied it is necessary, in the interests of the safety, health or wellbeing of a child or children, to immediately issue a prohibition notice to the person.\n(sec.183-ssec.1) Before giving a person a prohibition notice, the Regulatory Authority must give the person a notice (a show cause notice )— stating that the Regulatory Authority proposes to give the person a prohibition notice; and stating the reasons for the proposed prohibition; and inviting the person to make a written submission to the Regulatory Authority, within a stated time of at least 14 days, about the proposed prohibition.\n(sec.183-ssec.2) Subsection (1) does not apply if the Regulatory Authority is satisfied it is necessary, in the interests of the safety, health or wellbeing of a child or children, to immediately issue a prohibition notice to the person.\n- (a) stating that the Regulatory Authority proposes to give the person a prohibition notice; and\n- (b) stating the reasons for the proposed prohibition; and\n- (c) inviting the person to make a written submission to the Regulatory Authority, within a stated time of at least 14 days, about the proposed prohibition.","sortOrder":258},{"sectionNumber":"sec.184","sectionType":"section","heading":"Deciding whether to give prohibition notice","content":"### sec.184 Deciding whether to give prohibition notice\n\nIf the Regulatory Authority gives a show cause notice under section 183 to a person, the Regulatory Authority must have regard to any written submission received from the person within the time stated in the show cause notice before deciding whether to give the person a prohibition notice.\nIf the Regulatory Authority decides not to issue a prohibition notice to the person, the Regulatory Authority must give the person notice of the decision.\nThe Regulatory Authority may accept an undertaking from a person under section 179A instead of giving a prohibition notice under this Division.\ns 184 amd 2017 No. 9 (Vic) s 47\n(sec.184-ssec.1) If the Regulatory Authority gives a show cause notice under section 183 to a person, the Regulatory Authority must have regard to any written submission received from the person within the time stated in the show cause notice before deciding whether to give the person a prohibition notice.\n(sec.184-ssec.2) If the Regulatory Authority decides not to issue a prohibition notice to the person, the Regulatory Authority must give the person notice of the decision.\n(sec.184-ssec.3) The Regulatory Authority may accept an undertaking from a person under section 179A instead of giving a prohibition notice under this Division.","sortOrder":259},{"sectionNumber":"sec.185","sectionType":"section","heading":"Content of prohibition notice","content":"### sec.185 Content of prohibition notice\n\nA prohibition notice given to a person under section 182 (1) or (4) must state that the person is prohibited from doing one or more of the following—\nproviding education and care to children for an education and care service;\nbeing engaged as an educator, family day care educator, employee, contractor or staff member of, or being a volunteer at, an education and care service;\ncarrying out any other activity relating to an education and care service.\nA prohibition notice given to a person under section 182 (3) must state that either—\nthe person is prohibited from being nominated as a nominated supervisor of an education and care service; or\nthe person may only be nominated as a nominated supervisor of an education and care service on the condition or conditions specified by the Regulatory Authority in the notice.\nA prohibition notice given to a person under section 182 (1) , (3) or (4) must state—\nthat the person may apply for cancellation of the notice; and\nhow an application for cancellation must be made.\ns 185 sub 2017 No. 9 (Vic) s 48\namd 2025 No. 53 (Vic) s 90\n(sec.185-ssec.1) A prohibition notice given to a person under section 182 (1) or (4) must state that the person is prohibited from doing one or more of the following— providing education and care to children for an education and care service; being engaged as an educator, family day care educator, employee, contractor or staff member of, or being a volunteer at, an education and care service; carrying out any other activity relating to an education and care service.\n(sec.185-ssec.2) A prohibition notice given to a person under section 182 (3) must state that either— the person is prohibited from being nominated as a nominated supervisor of an education and care service; or the person may only be nominated as a nominated supervisor of an education and care service on the condition or conditions specified by the Regulatory Authority in the notice.\n(sec.185-ssec.3) A prohibition notice given to a person under section 182 (1) , (3) or (4) must state— that the person may apply for cancellation of the notice; and how an application for cancellation must be made.\n- (a) providing education and care to children for an education and care service;\n- (b) being engaged as an educator, family day care educator, employee, contractor or staff member of, or being a volunteer at, an education and care service;\n- (c) carrying out any other activity relating to an education and care service.\n- (a) the person is prohibited from being nominated as a nominated supervisor of an education and care service; or\n- (b) the person may only be nominated as a nominated supervisor of an education and care service on the condition or conditions specified by the Regulatory Authority in the notice.\n- (a) that the person may apply for cancellation of the notice; and\n- (b) how an application for cancellation must be made.","sortOrder":260},{"sectionNumber":"sec.186","sectionType":"section","heading":"Cancellation of prohibition notice","content":"### sec.186 Cancellation of prohibition notice\n\nIf the Regulatory Authority is satisfied there is not a sufficient reason for a prohibition notice to remain in force for a person, the Regulatory Authority must cancel the prohibition notice and give the person notice of the cancellation.\nA person for whom a prohibition notice is in force may apply to the Regulatory Authority to cancel the notice.\nThe application must—\nbe in writing; and\ninclude the prescribed information; and\nbe signed by the person.\nThe person may state in the application anything the person considers relevant to the Regulatory Authority’s decision about whether there would be an unacceptable risk of harm to children if the person were—\nto remain at the education and care service premises; or\nto provide education and care to children.\nThe person may state in the application anything the person considers relevant to the Regulatory Authority’s decision about whether the person is a fit and proper person to be nominated as a nominated supervisor with or without conditions.\nThe application may include a statement setting out any change in the person’s circumstances since the prohibition notice was given or since any previous application under this section that would warrant the cancellation of the notice.\nThe Regulatory Authority must decide the application as soon as practicable after its receipt.\ns 186 amd 2017 No. 9 (Vic) s 49\n(sec.186-ssec.1) If the Regulatory Authority is satisfied there is not a sufficient reason for a prohibition notice to remain in force for a person, the Regulatory Authority must cancel the prohibition notice and give the person notice of the cancellation.\n(sec.186-ssec.2) A person for whom a prohibition notice is in force may apply to the Regulatory Authority to cancel the notice.\n(sec.186-ssec.3) The application must— be in writing; and include the prescribed information; and be signed by the person.\n(sec.186-ssec.4) The person may state in the application anything the person considers relevant to the Regulatory Authority’s decision about whether there would be an unacceptable risk of harm to children if the person were— to remain at the education and care service premises; or to provide education and care to children.\n(sec.186-ssec.4A) The person may state in the application anything the person considers relevant to the Regulatory Authority’s decision about whether the person is a fit and proper person to be nominated as a nominated supervisor with or without conditions.\n(sec.186-ssec.5) The application may include a statement setting out any change in the person’s circumstances since the prohibition notice was given or since any previous application under this section that would warrant the cancellation of the notice.\n(sec.186-ssec.6) The Regulatory Authority must decide the application as soon as practicable after its receipt.\n- (a) be in writing; and\n- (b) include the prescribed information; and\n- (c) be signed by the person.\n- (a) to remain at the education and care service premises; or\n- (b) to provide education and care to children.","sortOrder":261},{"sectionNumber":"sec.187","sectionType":"section","heading":"Person must not contravene prohibition notice","content":"### sec.187 Person must not contravene prohibition notice\n\nWhile a prohibition notice under section 182 (1) or (4) is in force under this Law as applying in any participating jurisdiction for a person, the person must not—\nprovide education and care to children for an education and care service; or\nbe engaged as an educator, family day care educator, employee, contractor or staff member of, or perform volunteer services for, an education and care service; or\ncarry out any other activity relating to education and care services.\nPenalty: $68 700.\nWhile a prohibition notice under section 182 (3) is in force under this Law as applying in any participating jurisdiction for a person, the person must not—\nin the case of a prohibition notice under section 182 (3) (a) , consent to a nomination of that person as a nominated supervisor of an education and care service; or\nin the case of a prohibition notice under section 182 (3) (b) , consent to a nomination of that person as a nominated supervisor of an education and care service in contravention of a condition or conditions stated in the prohibition notice.\nPenalty: $68 700.\ns 187 amd 2017 No. 9 (Vic) s 50 ; 2022 No. 43 (Vic) s 83 ; 2025 No. 53 (Vic) ss 44 , 91\n(sec.187-ssec.1) While a prohibition notice under section 182 (1) or (4) is in force under this Law as applying in any participating jurisdiction for a person, the person must not— provide education and care to children for an education and care service; or be engaged as an educator, family day care educator, employee, contractor or staff member of, or perform volunteer services for, an education and care service; or carry out any other activity relating to education and care services. Penalty: $68 700.\n(sec.187-ssec.2) While a prohibition notice under section 182 (3) is in force under this Law as applying in any participating jurisdiction for a person, the person must not— in the case of a prohibition notice under section 182 (3) (a) , consent to a nomination of that person as a nominated supervisor of an education and care service; or in the case of a prohibition notice under section 182 (3) (b) , consent to a nomination of that person as a nominated supervisor of an education and care service in contravention of a condition or conditions stated in the prohibition notice.\n- (a) provide education and care to children for an education and care service; or\n- (b) be engaged as an educator, family day care educator, employee, contractor or staff member of, or perform volunteer services for, an education and care service; or\n- (c) carry out any other activity relating to education and care services.\n- (a) in the case of a prohibition notice under section 182 (3) (a) , consent to a nomination of that person as a nominated supervisor of an education and care service; or\n- (b) in the case of a prohibition notice under section 182 (3) (b) , consent to a nomination of that person as a nominated supervisor of an education and care service in contravention of a condition or conditions stated in the prohibition notice.","sortOrder":262},{"sectionNumber":"sec.188","sectionType":"section","heading":"Offence to engage person to whom prohibition notice applies","content":"### sec.188 Offence to engage person to whom prohibition notice applies\n\nAn approved provider must not engage a person as an educator, family day care educator, employee, contractor or staff member of, or allow a person to perform volunteer services for, an education and care service if the provider knows, or ought reasonably to know, a prohibition notice is in force under this Law as applying in any participating jurisdiction in respect of the person.\nPenalty:\n$68 700, in the case of an individual.\n$344 700, in any other case.\nAn approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that a prohibition notice is in force under this Law as applying in any participating jurisdiction prohibiting the nomination of that person as a nominated supervisor of an education and care service.\nPenalty:\n$68 700, in the case of an individual.\n$344 700, in any other case.\nAn approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that the nomination would place the person in contravention of a condition of a prohibition notice in force under this Law as applying in any participating jurisdiction.\nPenalty:\n$68 700, in the case of an individual.\n$344 700, in any other case.\ns 188 amd 2017 No. 9 (Vic) s 51 ; 2022 No. 43 (Vic) s 84 ; 2025 No. 53 (Vic) s 45\n(sec.188-ssec.1) An approved provider must not engage a person as an educator, family day care educator, employee, contractor or staff member of, or allow a person to perform volunteer services for, an education and care service if the provider knows, or ought reasonably to know, a prohibition notice is in force under this Law as applying in any participating jurisdiction in respect of the person. Penalty: $68 700, in the case of an individual. $344 700, in any other case.\n(sec.188-ssec.2) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that a prohibition notice is in force under this Law as applying in any participating jurisdiction prohibiting the nomination of that person as a nominated supervisor of an education and care service. Penalty: $68 700, in the case of an individual. $344 700, in any other case.\n(sec.188-ssec.3) An approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that the nomination would place the person in contravention of a condition of a prohibition notice in force under this Law as applying in any participating jurisdiction. Penalty: $68 700, in the case of an individual. $344 700, in any other case.","sortOrder":263},{"sectionNumber":"sec.188A","sectionType":"section","heading":"Offence to give false or misleading information to approved provider about prohibition notice","content":"### sec.188A Offence to give false or misleading information to approved provider about prohibition notice\n\nA person who is subject to a prohibition notice under this Law as applying in any participating jurisdiction must not give an approved provider any information about the content or existence of the prohibition notice that is false or misleading in any material particular.\nPenalty: $20 400.\ns 188A ins 2017 No. 9 (Vic) s 52\namd 2022 No. 43 (Vic) s 85 ; 2025 No. 53 (Vic) ss 4 , 46","sortOrder":264},{"sectionNumber":"sec.188B","sectionType":"section","heading":"Offence to make false or misleading statement to recruitment agency about prohibition notice","content":"### sec.188B Offence to make false or misleading statement to recruitment agency about prohibition notice\n\nA specified person who is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction must not make a statement to a recruitment agency about the content or existence of the prohibition notice that is false or misleading in any material particular because of—\nthe inclusion in the statement of a false or misleading matter; or\nthe omission from the statement of a material matter.\nPenalty: $20 400.\nIn this section—\nspecified person means an individual who has entered into an agreement with a recruitment agency for the agency to procure for that individual education and care related work.\ns 188B ins 2025 No. 53 (Vic) s 5\n(sec.188B-ssec.1) A specified person who is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction must not make a statement to a recruitment agency about the content or existence of the prohibition notice that is false or misleading in any material particular because of— the inclusion in the statement of a false or misleading matter; or the omission from the statement of a material matter. Penalty: $20 400.\n(sec.188B-ssec.2) In this section— specified person means an individual who has entered into an agreement with a recruitment agency for the agency to procure for that individual education and care related work.\n- (a) the inclusion in the statement of a false or misleading matter; or\n- (b) the omission from the statement of a material matter.","sortOrder":265},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Emergency removal of children","content":"## Emergency removal of children","sortOrder":266},{"sectionNumber":"sec.189","sectionType":"section","heading":"Emergency removal of children","content":"### sec.189 Emergency removal of children\n\nThis section applies if the Regulatory Authority considers, on reasonable grounds, that there is an immediate danger to the safety or health of a child or children being educated and cared for by an education and care service.\nThe Regulatory Authority may remove, or cause the removal of, the child or children from the education and care service premises.\nIn exercising a power under subsection (2) —\nthe Regulatory Authority may be given such assistance by other persons (including police officers) as is reasonably required; and\nthe Regulatory Authority and any person assisting the Regulatory Authority may—\nenter the education and care service premises, without warrant; and\nuse reasonable force as necessary.\nIf a child is removed from the education and care service premises under subsection (2) , the Regulatory Authority must ensure that the child’s parents are immediately notified of the situation and the child’s current location.\n(sec.189-ssec.1) This section applies if the Regulatory Authority considers, on reasonable grounds, that there is an immediate danger to the safety or health of a child or children being educated and cared for by an education and care service.\n(sec.189-ssec.2) The Regulatory Authority may remove, or cause the removal of, the child or children from the education and care service premises.\n(sec.189-ssec.3) In exercising a power under subsection (2) — the Regulatory Authority may be given such assistance by other persons (including police officers) as is reasonably required; and the Regulatory Authority and any person assisting the Regulatory Authority may— enter the education and care service premises, without warrant; and use reasonable force as necessary.\n(sec.189-ssec.4) If a child is removed from the education and care service premises under subsection (2) , the Regulatory Authority must ensure that the child’s parents are immediately notified of the situation and the child’s current location.\n- (a) the Regulatory Authority may be given such assistance by other persons (including police officers) as is reasonably required; and\n- (b) the Regulatory Authority and any person assisting the Regulatory Authority may— (i) enter the education and care service premises, without warrant; and (ii) use reasonable force as necessary.\n- (i) enter the education and care service premises, without warrant; and\n- (ii) use reasonable force as necessary.\n- (i) enter the education and care service premises, without warrant; and\n- (ii) use reasonable force as necessary.","sortOrder":267},{"sectionNumber":"pt.8","sectionType":"part","heading":"Review","content":"# Review","sortOrder":268},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":269},{"sectionNumber":"sec.190","sectionType":"section","heading":"Reviewable decision—internal review","content":"### sec.190 Reviewable decision—internal review\n\nA reviewable decision for internal review is a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—\nto refuse to grant a provider approval or a service approval; or\nto amend or refuse to amend a provider approval or a service approval; or\nto impose a condition on a provider approval or a service approval; or\nto suspend—\na provider approval under section 28 ; or\na service approval under section 73 ; or\n(Repealed)\nto refuse to consent to the transfer of a service approval; or\nto revoke a service waiver; or\nto refuse to grant an approval in principle; or\nto amend or refuse to amend an approval in principle; or\nto transfer an approval in principle under section 119 ; or\nto cancel an approval in principle; or\nto refuse to extend an approval in principle; or\nto refuse to reinstate an approval in principle; or\nto issue a compliance direction; or\nto issue a compliance notice; or\nto direct an approved provider of a family day care service to suspend the provision of education and care by a family day care educator under section 178 ; or\nto direct an approved provider of an education and care service to suspend the provision of education and care by a staff member (other than a family day care educator) or a volunteer under section 178A ; or\nto direct an approved provider of an education and care service to suspend the provision of education and care by a nominated supervisor under section 178B ; or\nto direct an approved provider of an education and care service under section 178C to ensure that a staff member (other than a family day care co-ordinator) or a volunteer is directly supervised while providing education and care; or\nto direct a nominated supervisor of an education and care service to complete training under section 178D ; or\nto direct a staff member of, or a volunteer at, an education and care service to complete training under section 178E .\ns 190 amd 2011 No. 80 (Vic) s 70 ; 2017 No. 9 (Vic) s 53 (1) ; 2023 No. 33 (Vic) s 9 ; 2025 No. 53 (Vic) s 92\n- (a) to refuse to grant a provider approval or a service approval; or\n- (b) to amend or refuse to amend a provider approval or a service approval; or\n- (c) to impose a condition on a provider approval or a service approval; or\n- (d) to suspend— (i) a provider approval under section 28 ; or (ii) a service approval under section 73 ; or (iii) (Repealed)\n- (i) a provider approval under section 28 ; or\n- (ii) a service approval under section 73 ; or\n- (iii) (Repealed)\n- (e) to refuse to consent to the transfer of a service approval; or\n- (f) to revoke a service waiver; or\n- (fa) to refuse to grant an approval in principle; or\n- (fb) to amend or refuse to amend an approval in principle; or\n- (fc) to transfer an approval in principle under section 119 ; or\n- (fd) to cancel an approval in principle; or\n- (fe) to refuse to extend an approval in principle; or\n- (ff) to refuse to reinstate an approval in principle; or\n- (g) to issue a compliance direction; or\n- (h) to issue a compliance notice; or\n- (i) to direct an approved provider of a family day care service to suspend the provision of education and care by a family day care educator under section 178 ; or\n- (j) to direct an approved provider of an education and care service to suspend the provision of education and care by a staff member (other than a family day care educator) or a volunteer under section 178A ; or\n- (k) to direct an approved provider of an education and care service to suspend the provision of education and care by a nominated supervisor under section 178B ; or\n- (l) to direct an approved provider of an education and care service under section 178C to ensure that a staff member (other than a family day care co-ordinator) or a volunteer is directly supervised while providing education and care; or\n- (m) to direct a nominated supervisor of an education and care service to complete training under section 178D ; or\n- (n) to direct a staff member of, or a volunteer at, an education and care service to complete training under section 178E .\n- (i) a provider approval under section 28 ; or\n- (ii) a service approval under section 73 ; or\n- (iii) (Repealed)","sortOrder":270},{"sectionNumber":"sec.191","sectionType":"section","heading":"Internal review of reviewable decisions","content":"### sec.191 Internal review of reviewable decisions\n\nA person who is the subject of a reviewable decision for internal review may apply to the Regulatory Authority in writing for review of the decision.\nAn application under subsection (1) must be made—\nwithin 14 days after the day on which the person is notified of the decision; or\nif the person is not notified of the decision, within 14 days after the person becomes aware of the decision.\nThe person who conducts the review for the Regulatory Authority must not be a person who was involved in the assessment or investigation of the person or service to whom or which the decision relates.\nThe person conducting the review may ask the person who applied for the review for further information.\nA review under this section must be conducted within 30 days after the application is made.\nThe period specified in subsection (5) may be extended by up to 30 days—\nif a request for further information is made under subsection (4) ; or\nby agreement between the person who applied for the review and the Regulatory Authority.\nThe Regulatory Authority may, in relation to an application under subsection (1) —\nconfirm the decision; or\nmake any other decision that the Regulatory Authority thinks appropriate.\n(sec.191-ssec.1) A person who is the subject of a reviewable decision for internal review may apply to the Regulatory Authority in writing for review of the decision.\n(sec.191-ssec.2) An application under subsection (1) must be made— within 14 days after the day on which the person is notified of the decision; or if the person is not notified of the decision, within 14 days after the person becomes aware of the decision.\n(sec.191-ssec.3) The person who conducts the review for the Regulatory Authority must not be a person who was involved in the assessment or investigation of the person or service to whom or which the decision relates.\n(sec.191-ssec.4) The person conducting the review may ask the person who applied for the review for further information.\n(sec.191-ssec.5) A review under this section must be conducted within 30 days after the application is made.\n(sec.191-ssec.6) The period specified in subsection (5) may be extended by up to 30 days— if a request for further information is made under subsection (4) ; or by agreement between the person who applied for the review and the Regulatory Authority.\n(sec.191-ssec.7) The Regulatory Authority may, in relation to an application under subsection (1) — confirm the decision; or make any other decision that the Regulatory Authority thinks appropriate.\n- (a) within 14 days after the day on which the person is notified of the decision; or\n- (b) if the person is not notified of the decision, within 14 days after the person becomes aware of the decision.\n- (a) if a request for further information is made under subsection (4) ; or\n- (b) by agreement between the person who applied for the review and the Regulatory Authority.\n- (a) confirm the decision; or\n- (b) make any other decision that the Regulatory Authority thinks appropriate.","sortOrder":271},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"External review","content":"## External review","sortOrder":272},{"sectionNumber":"sec.192","sectionType":"section","heading":"Reviewable decision—external review","content":"### sec.192 Reviewable decision—external review\n\nA reviewable decision for external review is—\na decision of the Regulatory Authority made under section 191 (other than a decision in relation to the issue of a compliance direction or a compliance notice); or\na decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—\nto suspend a provider approval under section 27 ; or\nto cancel a provider approval under section 33 ; or\nto suspend a service approval under section 72 ; or\nto cancel a service approval under section 79 or 307 ; or\n(Repealed)\n(Repealed)\nto give a prohibition notice or to refuse to cancel a prohibition notice.\nA person is not entitled to a review under this section in respect of a suspension or cancellation of a service approval if that suspension or cancellation relates only to an associated children’s service. Any right of review would be under the children’s services law.\ns 192 amd 2017 No. 9 (Vic) s 53 (2) ; 2025 No. 53 (Vic) s 93\n- (a) a decision of the Regulatory Authority made under section 191 (other than a decision in relation to the issue of a compliance direction or a compliance notice); or\n- (b) a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction— (i) to suspend a provider approval under section 27 ; or (ii) to cancel a provider approval under section 33 ; or (iii) to suspend a service approval under section 72 ; or (iv) to cancel a service approval under section 79 or 307 ; or (v) (Repealed) (vi) (Repealed) (vii) to give a prohibition notice or to refuse to cancel a prohibition notice.\n- (i) to suspend a provider approval under section 27 ; or\n- (ii) to cancel a provider approval under section 33 ; or\n- (iii) to suspend a service approval under section 72 ; or\n- (iv) to cancel a service approval under section 79 or 307 ; or\n- (v) (Repealed)\n- (vi) (Repealed)\n- (vii) to give a prohibition notice or to refuse to cancel a prohibition notice.\n- (i) to suspend a provider approval under section 27 ; or\n- (ii) to cancel a provider approval under section 33 ; or\n- (iii) to suspend a service approval under section 72 ; or\n- (iv) to cancel a service approval under section 79 or 307 ; or\n- (v) (Repealed)\n- (vi) (Repealed)\n- (vii) to give a prohibition notice or to refuse to cancel a prohibition notice.","sortOrder":273},{"sectionNumber":"sec.193","sectionType":"section","heading":"Application for review of decision of the Regulatory Authority","content":"### sec.193 Application for review of decision of the Regulatory Authority\n\nA person who is the subject of a reviewable decision for external review may apply to the relevant tribunal or court for a review of the decision.\nAn application must be made within 30 days after the day on which the applicant is notified of the decision that is to be reviewed.\nAfter hearing the matter, the relevant tribunal or court may—\nconfirm the decision of the Regulatory Authority; or\namend the decision of the Regulatory Authority; or\nsubstitute another decision for the decision of the Regulatory Authority.\nIn determining any application under this section, the relevant tribunal or court may have regard to any decision under this Law as applying in another participating jurisdiction of a relevant tribunal or court of that jurisdiction.\n(sec.193-ssec.1) A person who is the subject of a reviewable decision for external review may apply to the relevant tribunal or court for a review of the decision.\n(sec.193-ssec.2) An application must be made within 30 days after the day on which the applicant is notified of the decision that is to be reviewed.\n(sec.193-ssec.3) After hearing the matter, the relevant tribunal or court may— confirm the decision of the Regulatory Authority; or amend the decision of the Regulatory Authority; or substitute another decision for the decision of the Regulatory Authority.\n(sec.193-ssec.4) In determining any application under this section, the relevant tribunal or court may have regard to any decision under this Law as applying in another participating jurisdiction of a relevant tribunal or court of that jurisdiction.\n- (a) confirm the decision of the Regulatory Authority; or\n- (b) amend the decision of the Regulatory Authority; or\n- (c) substitute another decision for the decision of the Regulatory Authority.","sortOrder":274},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"General","content":"## General","sortOrder":275},{"sectionNumber":"sec.194","sectionType":"section","heading":"Relationship with Act establishing administrative body","content":"### sec.194 Relationship with Act establishing administrative body\n\nThis Part applies despite any provision to the contrary in the Act that establishes the relevant tribunal or court but does not otherwise limit that Act.","sortOrder":276},{"sectionNumber":"pt.9","sectionType":"part","heading":"Monitoring and enforcement","content":"# Monitoring and enforcement","sortOrder":277},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":278},{"sectionNumber":"sec.195","sectionType":"section","heading":"Authorisation of authorised officers","content":"### sec.195 Authorisation of authorised officers\n\nThe Regulatory Authority may authorise any person who the Regulatory Authority is satisfied is an appropriate person to be an authorised officer for the purposes of this Law.\nIn considering whether a person is an appropriate person to be an authorised officer, the Regulatory Authority must take into account the requirements for the authorisation of authorised officers determined by the National Authority under subsection (5) .\nAn authorised officer holds office on any terms and conditions stated in the authorisation.\nA defect in the authorisation of an authorised officer does not affect the validity of any action taken or decision made by the authorised officer under this Law.\nThe National Authority may determine the requirements for the authorisation of authorised officers under this section.\nA determination under subsection (5) must be published on the website of the National Authority.\n(sec.195-ssec.1) The Regulatory Authority may authorise any person who the Regulatory Authority is satisfied is an appropriate person to be an authorised officer for the purposes of this Law.\n(sec.195-ssec.2) In considering whether a person is an appropriate person to be an authorised officer, the Regulatory Authority must take into account the requirements for the authorisation of authorised officers determined by the National Authority under subsection (5) .\n(sec.195-ssec.3) An authorised officer holds office on any terms and conditions stated in the authorisation.\n(sec.195-ssec.4) A defect in the authorisation of an authorised officer does not affect the validity of any action taken or decision made by the authorised officer under this Law.\n(sec.195-ssec.5) The National Authority may determine the requirements for the authorisation of authorised officers under this section.\n(sec.195-ssec.6) A determination under subsection (5) must be published on the website of the National Authority.","sortOrder":279},{"sectionNumber":"sec.196","sectionType":"section","heading":"Identity card","content":"### sec.196 Identity card\n\nThe Regulatory Authority must issue to each authorised officer an identity card in the form prescribed by the national regulations.\nThe identity card must identify the authorised officer as an authorised officer authorised by the Regulatory Authority under this Law.\nAn authorised officer must—\ncarry the identity card whenever the officer is exercising his or her functions under this Law; and\nshow the identity card—\nbefore exercising a power of entry under this Law; and\nat any time during the exercise of a power under this Law when asked to do so.\nPenalty: $3300.\nAn authorised officer who fails to comply with subsection (3) (b) in relation to the exercise of a power ceases to be authorised to exercise the power in relation to the matter.\nAn authorised officer must return his or her identity card to the Regulatory Authority on ceasing to be authorised as an authorised officer for the purposes of this Law.\nPenalty: $3300.\ns 196 amd 2022 No. 43 (Vic) s 86 ; 2025 No. 53 (Vic) s 47\n(sec.196-ssec.1) The Regulatory Authority must issue to each authorised officer an identity card in the form prescribed by the national regulations.\n(sec.196-ssec.2) The identity card must identify the authorised officer as an authorised officer authorised by the Regulatory Authority under this Law.\n(sec.196-ssec.3) An authorised officer must— carry the identity card whenever the officer is exercising his or her functions under this Law; and show the identity card— before exercising a power of entry under this Law; and at any time during the exercise of a power under this Law when asked to do so. Penalty: $3300.\n(sec.196-ssec.4) An authorised officer who fails to comply with subsection (3) (b) in relation to the exercise of a power ceases to be authorised to exercise the power in relation to the matter.\n(sec.196-ssec.5) An authorised officer must return his or her identity card to the Regulatory Authority on ceasing to be authorised as an authorised officer for the purposes of this Law. Penalty: $3300.\n- (a) carry the identity card whenever the officer is exercising his or her functions under this Law; and\n- (b) show the identity card— (i) before exercising a power of entry under this Law; and (ii) at any time during the exercise of a power under this Law when asked to do so.\n- (i) before exercising a power of entry under this Law; and\n- (ii) at any time during the exercise of a power under this Law when asked to do so.\n- (i) before exercising a power of entry under this Law; and\n- (ii) at any time during the exercise of a power under this Law when asked to do so.","sortOrder":280},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Powers of entry","content":"## Powers of entry","sortOrder":281},{"sectionNumber":"sec.197","sectionType":"section","heading":"Powers of entry for assessing and monitoring approved education and care service","content":"### sec.197 Powers of entry for assessing and monitoring approved education and care service\n\nAn authorised officer may exercise a power under this section for any of the following purposes—\nmonitoring compliance with this Law;\na rating assessment of an approved education and care service under Part 5 ;\nobtaining information requested under section 35 or 83 .\nAn authorised officer may, at any reasonable time and with such assistants as may reasonably be required, enter any education and care service premises and do any of the following—\ninspect the premises and any plant, equipment, vehicle or other thing;\nphotograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;\ninspect and make copies of, or take extracts from, any document kept at the premises;\ntake any document or any other thing at the premises;\nask a person at the premises—\nto answer a question to the best of that person’s knowledge, information and belief; or\nto take reasonable steps to provide information or produce a document.\nA power under subsections (2) (a) to (d) is limited to a document or thing that is used or likely to be used in the provision of the education and care service.\nIf the authorised officer takes any document or thing under subsection (2) , he or she must—\ngive notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and\nreturn the document or thing to that person or the premises within 7 days after taking it.\nAn authorised officer may not, under this section, enter a residence unless—\nan approved education and care service is operating at the residence at the time of entry; or\nthe occupier of the residence has consented in writing to the entry and the inspection.\ns 197 amd 2011 No. 80 (Vic) s 71 ; 2022 No. 13 (Vic) s 11\n(sec.197-ssec.1) An authorised officer may exercise a power under this section for any of the following purposes— monitoring compliance with this Law; a rating assessment of an approved education and care service under Part 5 ; obtaining information requested under section 35 or 83 .\n(sec.197-ssec.2) An authorised officer may, at any reasonable time and with such assistants as may reasonably be required, enter any education and care service premises and do any of the following— inspect the premises and any plant, equipment, vehicle or other thing; photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; inspect and make copies of, or take extracts from, any document kept at the premises; take any document or any other thing at the premises; ask a person at the premises— to answer a question to the best of that person’s knowledge, information and belief; or to take reasonable steps to provide information or produce a document.\n(sec.197-ssec.3) A power under subsections (2) (a) to (d) is limited to a document or thing that is used or likely to be used in the provision of the education and care service.\n(sec.197-ssec.4) If the authorised officer takes any document or thing under subsection (2) , he or she must— give notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and return the document or thing to that person or the premises within 7 days after taking it.\n(sec.197-ssec.5) An authorised officer may not, under this section, enter a residence unless— an approved education and care service is operating at the residence at the time of entry; or the occupier of the residence has consented in writing to the entry and the inspection.\n- (a) monitoring compliance with this Law;\n- (b) a rating assessment of an approved education and care service under Part 5 ;\n- (c) obtaining information requested under section 35 or 83 .\n- (a) inspect the premises and any plant, equipment, vehicle or other thing;\n- (b) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;\n- (c) inspect and make copies of, or take extracts from, any document kept at the premises;\n- (d) take any document or any other thing at the premises;\n- (e) ask a person at the premises— (i) to answer a question to the best of that person’s knowledge, information and belief; or (ii) to take reasonable steps to provide information or produce a document.\n- (i) to answer a question to the best of that person’s knowledge, information and belief; or\n- (ii) to take reasonable steps to provide information or produce a document.\n- (i) to answer a question to the best of that person’s knowledge, information and belief; or\n- (ii) to take reasonable steps to provide information or produce a document.\n- (a) give notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and\n- (b) return the document or thing to that person or the premises within 7 days after taking it.\n- (a) an approved education and care service is operating at the residence at the time of entry; or\n- (b) the occupier of the residence has consented in writing to the entry and the inspection.","sortOrder":282},{"sectionNumber":"sec.197A","sectionType":"section","heading":"Powers of entry to family day care service premises—monitoring compliance with prescribed requirement relating to the safety, health and wellbeing of children","content":"### sec.197A Powers of entry to family day care service premises—monitoring compliance with prescribed requirement relating to the safety, health and wellbeing of children\n\nAn authorised officer may exercise the powers under this section if the authorised officer reasonably believes it is necessary to do so to assess or monitor compliance of an approved provider of a family day care service with any prescribed requirement in relation to the safety, health and wellbeing of children.\nSubject to subsections (5) and (7) , an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following—\ninspect any part of the premises;\ninspect any plant, equipment, vehicle or other thing at the premises;\nphotograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;\ninspect and make copies of, or take extracts from, any document kept at the premises;\ntake any document or any other thing at the premises;\nask a person at the premises—\nto answer a question to the best of that person’s knowledge, information and belief; or\nto take reasonable steps to provide information or produce a document.\nAn authorised officer who enters family day care service premises under this section—\nmust enter the premises during ordinary business hours; and\nmay enter the premises with such assistants as may reasonably be required.\nBefore entering the family day care service premises under this section, the authorised officer must inform the occupier of the premises of—\nthe purpose of the entry; and\nthe powers that may be exercised.\nA power under subsection (2) (a) to (e) is limited to a document or thing that is used or likely to be used in the provision of the family day care service.\nIf the authorised officer takes any document or thing under subsection (2) , the authorised officer must—\ngive notice of the taking of the document or thing to the person apparently in charge of it or to the occupier of the premises; and\nreturn the document or thing to that person or the premises within 7 days after taking it.\nAn authorised officer must not enter any family day care service premises that is a family day care residence under this section unless—\nthe authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and\nat the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\nIn this section—\nfamily day care service premises , in relation to a family day care service, means any of the following—\nan approved family day care venue;\nan area in a family day care residence whether or not that area is used to provide education and care to children as part of the service;\nan area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service.\nA shed or garage at the same premises on which a family day care residence is located.\ns 197A ins 2025 No. 53 (Vic) s 94\n(sec.197A-ssec.1) An authorised officer may exercise the powers under this section if the authorised officer reasonably believes it is necessary to do so to assess or monitor compliance of an approved provider of a family day care service with any prescribed requirement in relation to the safety, health and wellbeing of children.\n(sec.197A-ssec.2) Subject to subsections (5) and (7) , an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following— inspect any part of the premises; inspect any plant, equipment, vehicle or other thing at the premises; photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; inspect and make copies of, or take extracts from, any document kept at the premises; take any document or any other thing at the premises; ask a person at the premises— to answer a question to the best of that person’s knowledge, information and belief; or to take reasonable steps to provide information or produce a document.\n(sec.197A-ssec.3) An authorised officer who enters family day care service premises under this section— must enter the premises during ordinary business hours; and may enter the premises with such assistants as may reasonably be required.\n(sec.197A-ssec.4) Before entering the family day care service premises under this section, the authorised officer must inform the occupier of the premises of— the purpose of the entry; and the powers that may be exercised.\n(sec.197A-ssec.5) A power under subsection (2) (a) to (e) is limited to a document or thing that is used or likely to be used in the provision of the family day care service.\n(sec.197A-ssec.6) If the authorised officer takes any document or thing under subsection (2) , the authorised officer must— give notice of the taking of the document or thing to the person apparently in charge of it or to the occupier of the premises; and return the document or thing to that person or the premises within 7 days after taking it.\n(sec.197A-ssec.7) An authorised officer must not enter any family day care service premises that is a family day care residence under this section unless— the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\n(sec.197A-ssec.8) In this section— family day care service premises , in relation to a family day care service, means any of the following— an approved family day care venue; an area in a family day care residence whether or not that area is used to provide education and care to children as part of the service; an area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service. A shed or garage at the same premises on which a family day care residence is located.\n- (a) inspect any part of the premises;\n- (b) inspect any plant, equipment, vehicle or other thing at the premises;\n- (c) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;\n- (d) inspect and make copies of, or take extracts from, any document kept at the premises;\n- (e) take any document or any other thing at the premises;\n- (f) ask a person at the premises— (i) to answer a question to the best of that person’s knowledge, information and belief; or (ii) to take reasonable steps to provide information or produce a document.\n- (i) to answer a question to the best of that person’s knowledge, information and belief; or\n- (ii) to take reasonable steps to provide information or produce a document.\n- (i) to answer a question to the best of that person’s knowledge, information and belief; or\n- (ii) to take reasonable steps to provide information or produce a document.\n- (a) must enter the premises during ordinary business hours; and\n- (b) may enter the premises with such assistants as may reasonably be required.\n- (a) the purpose of the entry; and\n- (b) the powers that may be exercised.\n- (a) give notice of the taking of the document or thing to the person apparently in charge of it or to the occupier of the premises; and\n- (b) return the document or thing to that person or the premises within 7 days after taking it.\n- (a) the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and\n- (b) at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\n- (a) an approved family day care venue;\n- (b) an area in a family day care residence whether or not that area is used to provide education and care to children as part of the service;\n- (c) an area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service. Example— A shed or garage at the same premises on which a family day care residence is located.","sortOrder":283},{"sectionNumber":"sec.198","sectionType":"section","heading":"National Authority representative may enter service premises in company with Regulatory Authority","content":"### sec.198 National Authority representative may enter service premises in company with Regulatory Authority\n\nA person authorised by the National Authority, in company with an authorised officer, may enter premises used by an approved education and care service within the usual hours of operation of the service at those premises.\nThe entry by the person authorised by the National Authority is solely for the purpose of informing the National Authority of the rating assessment processes of the Regulatory Authority under Part 5 to assist the National Authority in promoting consistency across participating jurisdictions.\n(sec.198-ssec.1) A person authorised by the National Authority, in company with an authorised officer, may enter premises used by an approved education and care service within the usual hours of operation of the service at those premises.\n(sec.198-ssec.2) The entry by the person authorised by the National Authority is solely for the purpose of informing the National Authority of the rating assessment processes of the Regulatory Authority under Part 5 to assist the National Authority in promoting consistency across participating jurisdictions.","sortOrder":284},{"sectionNumber":"sec.199","sectionType":"section","heading":"Powers of entry for investigating approved education and care service","content":"### sec.199 Powers of entry for investigating approved education and care service\n\nAn authorised officer may exercise the powers under this section to investigate an approved education and care service if the authorised officer reasonably suspects that an offence may have been or may be being committed against this Law.\nThe authorised officer, with any necessary assistants, may with or without the consent of the occupier of the premises, enter the education and care service premises and the education and care service premises of any related provider of the approved provider of the approved education and care service at any reasonable time and do any of the following—\nsearch any part of the premises;\ninspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;\ntake a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing;\ncopy, or take an extract from, a document, at the premises;\ntake into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection;\nrequire the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.\nA power under subsections (2) (b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the education and care service.\nAn authorised officer may not, under this section, enter a residence unless—\nthe authorised officer reasonably believes that an approved education and care service is operating at the residence at the time of entry; or\nthe register of family day care educators records that the approved education and care service operates at the residence at the time of entry; or\nthe occupier of the residence has consented in writing to the entry and the inspection.\nAn authorised officer must not enter the education and care service premises of a related provider of the approved provider under this section unless the authorised officer is satisfied that—\nthere is a systemic risk in relation to the approved provider; and\nthe entry is reasonably necessary to address the systemic risk.\ns 199 amd 2011 No. 80 (Vic) s 72 ; 2017 No. 9 (Vic) s 54 ; 2025 No. 53 (Vic) s 95\n(sec.199-ssec.1) An authorised officer may exercise the powers under this section to investigate an approved education and care service if the authorised officer reasonably suspects that an offence may have been or may be being committed against this Law.\n(sec.199-ssec.2) The authorised officer, with any necessary assistants, may with or without the consent of the occupier of the premises, enter the education and care service premises and the education and care service premises of any related provider of the approved provider of the approved education and care service at any reasonable time and do any of the following— search any part of the premises; inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises; take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing; copy, or take an extract from, a document, at the premises; take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection; require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.\n(sec.199-ssec.3) A power under subsections (2) (b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the education and care service.\n(sec.199-ssec.4) An authorised officer may not, under this section, enter a residence unless— the authorised officer reasonably believes that an approved education and care service is operating at the residence at the time of entry; or the register of family day care educators records that the approved education and care service operates at the residence at the time of entry; or the occupier of the residence has consented in writing to the entry and the inspection.\n(sec.199-ssec.5) An authorised officer must not enter the education and care service premises of a related provider of the approved provider under this section unless the authorised officer is satisfied that— there is a systemic risk in relation to the approved provider; and the entry is reasonably necessary to address the systemic risk.\n- (a) search any part of the premises;\n- (b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;\n- (c) take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing;\n- (d) copy, or take an extract from, a document, at the premises;\n- (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection;\n- (f) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.\n- (a) the authorised officer reasonably believes that an approved education and care service is operating at the residence at the time of entry; or\n- (ab) the register of family day care educators records that the approved education and care service operates at the residence at the time of entry; or\n- (b) the occupier of the residence has consented in writing to the entry and the inspection.\n- (a) there is a systemic risk in relation to the approved provider; and\n- (b) the entry is reasonably necessary to address the systemic risk.","sortOrder":285},{"sectionNumber":"sec.199A","sectionType":"section","heading":"Powers of entry to family day care service premises—investigation of offences","content":"### sec.199A Powers of entry to family day care service premises—investigation of offences\n\nAn authorised officer may exercise the powers under this section to investigate a family day care service if the authorised officer reasonably suspects an offence may have been or may be being committed against this Law.\nSubject to subsections (5) and (7) , an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following—\nsearch any part of the premises;\ninspect, measure, test, photograph or film, or make audio recordings of, anything that may afford evidence of an offence against this Law at any part of the premises;\ntake for analysis, measurement or testing a thing, or a sample of or from a thing, at the premises that may afford evidence of an offence against this Law;\ncopy, or take an extract from, a document at the premises that may afford evidence of an offence against this Law;\ntake into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this section;\nrequire the occupier of the premises or a person at the premises to give the authorised officer information the authorised officer reasonably requires for exercising a power under this section.\nAn authorised officer who enters family day care service premises under this section—\nmust enter the premises during ordinary business hours; and\nmay enter the premises with such assistants as may reasonably be required.\nBefore entering the family day care service premises under this section, the authorised officer must advise the occupier of the premises of—\nthe purpose of the entry; and\nthe powers that may be exercised.\nA power under subsection (2) (b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the family day care service.\nIf the authorised officer takes any document or thing under subsection (2) , the authorised officer must—\ngive notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and\nreturn the document or thing to that person or the premises within 7 days after taking it.\nAn authorised officer must not enter any family day care service premises that is a family day care residence under this section unless—\nthe authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and\nat the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\nAn occupier of family day care service premises must not unreasonably refuse to give consent to an authorised officer under this section.\nPenalty:\n$27 300, in the case of an individual.\n$137 700, in any other case.\nIn this section—\nfamily day care service premises , in relation to a family day care service, means any of the following—\nan approved family day care venue;\nan area in a family day care residence whether or not that area is used to provide education and care to children as part of the service;\nan area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service.\nA shed or garage at the same premises on which a family day care residence is located.\ns 199A ins 2025 No. 53 (Vic) s 96\n(sec.199A-ssec.1) An authorised officer may exercise the powers under this section to investigate a family day care service if the authorised officer reasonably suspects an offence may have been or may be being committed against this Law.\n(sec.199A-ssec.2) Subject to subsections (5) and (7) , an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following— search any part of the premises; inspect, measure, test, photograph or film, or make audio recordings of, anything that may afford evidence of an offence against this Law at any part of the premises; take for analysis, measurement or testing a thing, or a sample of or from a thing, at the premises that may afford evidence of an offence against this Law; copy, or take an extract from, a document at the premises that may afford evidence of an offence against this Law; take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this section; require the occupier of the premises or a person at the premises to give the authorised officer information the authorised officer reasonably requires for exercising a power under this section.\n(sec.199A-ssec.3) An authorised officer who enters family day care service premises under this section— must enter the premises during ordinary business hours; and may enter the premises with such assistants as may reasonably be required.\n(sec.199A-ssec.4) Before entering the family day care service premises under this section, the authorised officer must advise the occupier of the premises of— the purpose of the entry; and the powers that may be exercised.\n(sec.199A-ssec.5) A power under subsection (2) (b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the family day care service.\n(sec.199A-ssec.6) If the authorised officer takes any document or thing under subsection (2) , the authorised officer must— give notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and return the document or thing to that person or the premises within 7 days after taking it.\n(sec.199A-ssec.7) An authorised officer must not enter any family day care service premises that is a family day care residence under this section unless— the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\n(sec.199A-ssec.8) An occupier of family day care service premises must not unreasonably refuse to give consent to an authorised officer under this section. Penalty: $27 300, in the case of an individual. $137 700, in any other case.\n(sec.199A-ssec.9) In this section— family day care service premises , in relation to a family day care service, means any of the following— an approved family day care venue; an area in a family day care residence whether or not that area is used to provide education and care to children as part of the service; an area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service. A shed or garage at the same premises on which a family day care residence is located.\n- (a) search any part of the premises;\n- (b) inspect, measure, test, photograph or film, or make audio recordings of, anything that may afford evidence of an offence against this Law at any part of the premises;\n- (c) take for analysis, measurement or testing a thing, or a sample of or from a thing, at the premises that may afford evidence of an offence against this Law;\n- (d) copy, or take an extract from, a document at the premises that may afford evidence of an offence against this Law;\n- (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this section;\n- (f) require the occupier of the premises or a person at the premises to give the authorised officer information the authorised officer reasonably requires for exercising a power under this section.\n- (a) must enter the premises during ordinary business hours; and\n- (b) may enter the premises with such assistants as may reasonably be required.\n- (a) the purpose of the entry; and\n- (b) the powers that may be exercised.\n- (a) give notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and\n- (b) return the document or thing to that person or the premises within 7 days after taking it.\n- (a) the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and\n- (b) at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\n- (a) an approved family day care venue;\n- (b) an area in a family day care residence whether or not that area is used to provide education and care to children as part of the service;\n- (c) an area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service. Example— A shed or garage at the same premises on which a family day care residence is located.","sortOrder":286},{"sectionNumber":"sec.200","sectionType":"section","heading":"Powers of entry to business premises","content":"### sec.200 Powers of entry to business premises\n\nAn authorised officer may exercise powers under this section if the authorised officer reasonably suspects that documents or other evidence relevant to the possible commission of an offence against this Law by an approved provider of an education and care service are present at—\nthe principal office of the approved provider; or\nany other business office of the approved provider; or\nthe principal office of a related provider of the approved provider; or\nany other business office of a related provider of the approved provider.\nThe authorised officer, with the consent of the occupier of the premises, may enter the premises and do any of the following—\nsearch any part of the premises;\ninspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;\ntake a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing;\ncopy, or take an extract from, a document, at the premises;\ntake into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection;\nrequire the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.\nAn authorised officer must not enter and search the premises with the consent of the occupier unless, before the occupier consents to that entry, the authorised officer has—\nproduced his or her identity card for inspection; and\ninformed the occupier—\nof the purpose of the search and the powers that may be exercised; and\nthat the occupier may refuse to give consent to the entry and search or to the taking of anything found during the search; and\nthat the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.\nAn authorised officer must not enter the principal office of a related provider of the approved provider or any other business office of a related provider of the approved provider under this section unless the authorised officer is satisfied that—\nthere is a systemic risk in relation to the approved provider; and\nthe entry is reasonably necessary to address the systemic risk.\ns 200 amd 2017 No. 9 (Vic) s 55 ; 2025 No. 53 (Vic) s 97\n(sec.200-ssec.1) An authorised officer may exercise powers under this section if the authorised officer reasonably suspects that documents or other evidence relevant to the possible commission of an offence against this Law by an approved provider of an education and care service are present at— the principal office of the approved provider; or any other business office of the approved provider; or the principal office of a related provider of the approved provider; or any other business office of a related provider of the approved provider.\n(sec.200-ssec.2) The authorised officer, with the consent of the occupier of the premises, may enter the premises and do any of the following— search any part of the premises; inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises; take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing; copy, or take an extract from, a document, at the premises; take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection; require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.\n(sec.200-ssec.3) An authorised officer must not enter and search the premises with the consent of the occupier unless, before the occupier consents to that entry, the authorised officer has— produced his or her identity card for inspection; and informed the occupier— of the purpose of the search and the powers that may be exercised; and that the occupier may refuse to give consent to the entry and search or to the taking of anything found during the search; and that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.\n(sec.200-ssec.4) An authorised officer must not enter the principal office of a related provider of the approved provider or any other business office of a related provider of the approved provider under this section unless the authorised officer is satisfied that— there is a systemic risk in relation to the approved provider; and the entry is reasonably necessary to address the systemic risk.\n- (a) the principal office of the approved provider; or\n- (b) any other business office of the approved provider; or\n- (c) the principal office of a related provider of the approved provider; or\n- (d) any other business office of a related provider of the approved provider.\n- (a) search any part of the premises;\n- (b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;\n- (c) take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing;\n- (d) copy, or take an extract from, a document, at the premises;\n- (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection;\n- (f) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation.\n- (a) produced his or her identity card for inspection; and\n- (b) informed the occupier— (i) of the purpose of the search and the powers that may be exercised; and (ii) that the occupier may refuse to give consent to the entry and search or to the taking of anything found during the search; and (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.\n- (i) of the purpose of the search and the powers that may be exercised; and\n- (ii) that the occupier may refuse to give consent to the entry and search or to the taking of anything found during the search; and\n- (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.\n- (i) of the purpose of the search and the powers that may be exercised; and\n- (ii) that the occupier may refuse to give consent to the entry and search or to the taking of anything found during the search; and\n- (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.\n- (a) there is a systemic risk in relation to the approved provider; and\n- (b) the entry is reasonably necessary to address the systemic risk.","sortOrder":287},{"sectionNumber":"sec.200A","sectionType":"section","heading":"Entry to premises without search warrant","content":"### sec.200A Entry to premises without search warrant\n\nAn authorised officer may enter any premises (including residential or business premises) for the purpose of determining whether an education and care service is operating without a service approval at or from the premises, if—\nthe authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at the premises; and\nthe occupier of the premises has consented in writing to the entry and inspection.\nAn authorised officer must not enter and search the premises under this section unless, before the occupier consents to the entry, the authorised officer has—\nproduced the authorised officer’s identity card for inspection; and\ninformed the occupier—\nof the purpose of the search and the powers that may be exercised; and\nthat the occupier may refuse to consent to the entry and search or the taking of anything found during the search; and\nthat the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.\nAn authorised officer who exercises a power of entry under this section may for the purposes of the investigation do any of the things referred to in clause 5(2)(a) to (e) of Schedule 2 as if a reference to that Schedule included a reference to this section.\ns 200A ins 2017 No. 9 (Vic) s 56\n(sec.200A-ssec.1) An authorised officer may enter any premises (including residential or business premises) for the purpose of determining whether an education and care service is operating without a service approval at or from the premises, if— the authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at the premises; and the occupier of the premises has consented in writing to the entry and inspection.\n(sec.200A-ssec.2) An authorised officer must not enter and search the premises under this section unless, before the occupier consents to the entry, the authorised officer has— produced the authorised officer’s identity card for inspection; and informed the occupier— of the purpose of the search and the powers that may be exercised; and that the occupier may refuse to consent to the entry and search or the taking of anything found during the search; and that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.\n(sec.200A-ssec.3) An authorised officer who exercises a power of entry under this section may for the purposes of the investigation do any of the things referred to in clause 5(2)(a) to (e) of Schedule 2 as if a reference to that Schedule included a reference to this section.\n- (a) the authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at the premises; and\n- (b) the occupier of the premises has consented in writing to the entry and inspection.\n- (a) produced the authorised officer’s identity card for inspection; and\n- (b) informed the occupier— (i) of the purpose of the search and the powers that may be exercised; and (ii) that the occupier may refuse to consent to the entry and search or the taking of anything found during the search; and (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.\n- (i) of the purpose of the search and the powers that may be exercised; and\n- (ii) that the occupier may refuse to consent to the entry and search or the taking of anything found during the search; and\n- (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.\n- (i) of the purpose of the search and the powers that may be exercised; and\n- (ii) that the occupier may refuse to consent to the entry and search or the taking of anything found during the search; and\n- (iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search.","sortOrder":288},{"sectionNumber":"sec.201","sectionType":"section","heading":"Entry to premises with search warrant","content":"### sec.201 Entry to premises with search warrant\n\nAn authorised officer under the authority of a search warrant may enter premises if the authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at or from the premises.\nAn authorised officer under the authority of a search warrant may enter any education and care service premises or any premises where the authorised officer reasonably believes that an approved education and care service is operating if the authorised officer reasonably believes that the education and care service is operating in contravention of this Law.\nAn authorised officer under the authority of a search warrant may enter the principal office of the approved provider of the service or any other business office of the approved provider of the service if the authorised officer reasonably believes that documents or other evidence relevant to the possible commission of an offence against this Law are present at those premises.\nSchedule 2 applies in relation to the issue of the search warrant and the powers of the authorised officer on entry.\ns 201 amd 2017 No. 9 (Vic) s 57\n(sec.201-ssec.1) An authorised officer under the authority of a search warrant may enter premises if the authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at or from the premises.\n(sec.201-ssec.2) An authorised officer under the authority of a search warrant may enter any education and care service premises or any premises where the authorised officer reasonably believes that an approved education and care service is operating if the authorised officer reasonably believes that the education and care service is operating in contravention of this Law.\n(sec.201-ssec.3) An authorised officer under the authority of a search warrant may enter the principal office of the approved provider of the service or any other business office of the approved provider of the service if the authorised officer reasonably believes that documents or other evidence relevant to the possible commission of an offence against this Law are present at those premises.\n(sec.201-ssec.4) Schedule 2 applies in relation to the issue of the search warrant and the powers of the authorised officer on entry. s 201 amd 2017 No. 9 (Vic) s 57","sortOrder":289},{"sectionNumber":"sec.202","sectionType":"section","heading":"Seized items","content":"### sec.202 Seized items\n\nIf an authorised officer has taken a thing under section 199 , 200 or 200A or under a search warrant under section 201 , the authorised officer must take reasonable steps to return the thing to the person from whom it was taken if the reason for the taking no longer exists.\nIf the thing has not been returned within 60 days after it was taken, the authorised officer must take reasonable steps to return it unless—\nproceedings have been commenced within the period of 60 days and those proceedings (including any appeal) have not been completed; or\na court makes an order under section 203 extending the period the thing can be retained.\nIf an authorised officer has taken a thing under section 199 , 200 or 200A or under a search warrant under section 201 , the authorised officer must provide the owner of the thing with reasonable access to the thing.\ns 202 amd 2017 No. 9 (Vic) s 58\n(sec.202-ssec.1) If an authorised officer has taken a thing under section 199 , 200 or 200A or under a search warrant under section 201 , the authorised officer must take reasonable steps to return the thing to the person from whom it was taken if the reason for the taking no longer exists.\n(sec.202-ssec.2) If the thing has not been returned within 60 days after it was taken, the authorised officer must take reasonable steps to return it unless— proceedings have been commenced within the period of 60 days and those proceedings (including any appeal) have not been completed; or a court makes an order under section 203 extending the period the thing can be retained.\n(sec.202-ssec.3) If an authorised officer has taken a thing under section 199 , 200 or 200A or under a search warrant under section 201 , the authorised officer must provide the owner of the thing with reasonable access to the thing. s 202 amd 2017 No. 9 (Vic) s 58\n- (a) proceedings have been commenced within the period of 60 days and those proceedings (including any appeal) have not been completed; or\n- (b) a court makes an order under section 203 extending the period the thing can be retained.","sortOrder":290},{"sectionNumber":"sec.203","sectionType":"section","heading":"Court may extend period","content":"### sec.203 Court may extend period\n\nAn authorised officer may apply to a court within the period of 60 days referred to in section 202 or within a period extended by the court under this section for an extension of the period for which the thing can be held.\nThe court may order the extension if satisfied that retention of the thing is necessary—\nfor the purposes of an investigation into whether an offence has been committed; or\nto enable evidence of an offence to be obtained for the purposes of a prosecution.\nThe court may adjourn an application to enable notice of the application to be given to any person.\n(sec.203-ssec.1) An authorised officer may apply to a court within the period of 60 days referred to in section 202 or within a period extended by the court under this section for an extension of the period for which the thing can be held.\n(sec.203-ssec.2) The court may order the extension if satisfied that retention of the thing is necessary— for the purposes of an investigation into whether an offence has been committed; or to enable evidence of an offence to be obtained for the purposes of a prosecution.\n(sec.203-ssec.3) The court may adjourn an application to enable notice of the application to be given to any person.\n- (a) for the purposes of an investigation into whether an offence has been committed; or\n- (b) to enable evidence of an offence to be obtained for the purposes of a prosecution.","sortOrder":291},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Other powers","content":"## Other powers","sortOrder":292},{"sectionNumber":"sec.204","sectionType":"section","heading":"Power to require name and address","content":"### sec.204 Power to require name and address\n\nThis section applies if—\nan authorised officer finds a person committing an offence against this Law; or\nan authorised officer finds a person in circumstances that lead, or the authorised officer has information that leads, the officer to reasonably suspect the person is committing, or has committed, an offence against this Law.\nThe authorised officer may require the person to state the person’s name and residential address.\nThe authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.\n(sec.204-ssec.1) This section applies if— an authorised officer finds a person committing an offence against this Law; or an authorised officer finds a person in circumstances that lead, or the authorised officer has information that leads, the officer to reasonably suspect the person is committing, or has committed, an offence against this Law.\n(sec.204-ssec.2) The authorised officer may require the person to state the person’s name and residential address.\n(sec.204-ssec.3) The authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.\n- (a) an authorised officer finds a person committing an offence against this Law; or\n- (b) an authorised officer finds a person in circumstances that lead, or the authorised officer has information that leads, the officer to reasonably suspect the person is committing, or has committed, an offence against this Law.","sortOrder":293},{"sectionNumber":"sec.205","sectionType":"section","heading":"Power to require evidence of age, name and address of person","content":"### sec.205 Power to require evidence of age, name and address of person\n\nThis section applies if—\nthe national regulations require a staff member, a family day care educator or a volunteer to have attained a prescribed minimum age; and\nan authorised officer reasonably suspects that a person—\nis employed or engaged as a staff member or a family day care educator by, or is a volunteer at, an education and care service; and\nhas not attained that prescribed minimum age.\nThe authorised officer may require the person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.\nAlso, the authorised officer may require the person to provide evidence of the correctness of the stated date of birth—\nat the time of making the requirement under subsection (2) if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth; or\notherwise, within 14 days of making the requirement under subsection (2) .\nThe authorised officer may require the person to state the person’s name and residential address if—\nthe person refuses or is unable to comply with a requirement under subsection (2) or (3) ; or\naccording to the date of birth the person states, or the evidence of the person’s age the person gives, the person has not attained the prescribed minimum age.\n(sec.205-ssec.1) This section applies if— the national regulations require a staff member, a family day care educator or a volunteer to have attained a prescribed minimum age; and an authorised officer reasonably suspects that a person— is employed or engaged as a staff member or a family day care educator by, or is a volunteer at, an education and care service; and has not attained that prescribed minimum age.\n(sec.205-ssec.2) The authorised officer may require the person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.\n(sec.205-ssec.3) Also, the authorised officer may require the person to provide evidence of the correctness of the stated date of birth— at the time of making the requirement under subsection (2) if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth; or otherwise, within 14 days of making the requirement under subsection (2) .\n(sec.205-ssec.4) The authorised officer may require the person to state the person’s name and residential address if— the person refuses or is unable to comply with a requirement under subsection (2) or (3) ; or according to the date of birth the person states, or the evidence of the person’s age the person gives, the person has not attained the prescribed minimum age.\n- (a) the national regulations require a staff member, a family day care educator or a volunteer to have attained a prescribed minimum age; and\n- (b) an authorised officer reasonably suspects that a person— (i) is employed or engaged as a staff member or a family day care educator by, or is a volunteer at, an education and care service; and (ii) has not attained that prescribed minimum age.\n- (i) is employed or engaged as a staff member or a family day care educator by, or is a volunteer at, an education and care service; and\n- (ii) has not attained that prescribed minimum age.\n- (i) is employed or engaged as a staff member or a family day care educator by, or is a volunteer at, an education and care service; and\n- (ii) has not attained that prescribed minimum age.\n- (a) at the time of making the requirement under subsection (2) if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth; or\n- (b) otherwise, within 14 days of making the requirement under subsection (2) .\n- (a) the person refuses or is unable to comply with a requirement under subsection (2) or (3) ; or\n- (b) according to the date of birth the person states, or the evidence of the person’s age the person gives, the person has not attained the prescribed minimum age.","sortOrder":294},{"sectionNumber":"sec.206","sectionType":"section","heading":"Power of authorised officers to obtain information, documents and evidence from approved providers, nominated supervisors, staff members and volunteers","content":"### sec.206 Power of authorised officers to obtain information, documents and evidence from approved providers, nominated supervisors, staff members and volunteers\n\nAn authorised officer may exercise a power under this section for any of the following purposes—\nmonitoring compliance with this Law;\na rating assessment of an approved education and care service under Part 5 ;\nobtaining information requested under section 35 or 83 .\nAn authorised officer may, by written notice, require a specified person to provide to the authorised officer, by writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice.\nThe time specified in the notice must not be less than 14 days from the date the notice is issued.\nIn this section—\nspecified person means a person who is or has been—\nan approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or\na family day care educator.\ns 206 amd 2017 No. 9 (Vic) s 53 (3) ; 2025 No. 53 (Vic) s 6\n(sec.206-ssec.1) An authorised officer may exercise a power under this section for any of the following purposes— monitoring compliance with this Law; a rating assessment of an approved education and care service under Part 5 ; obtaining information requested under section 35 or 83 .\n(sec.206-ssec.2) An authorised officer may, by written notice, require a specified person to provide to the authorised officer, by writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice.\n(sec.206-ssec.3) The time specified in the notice must not be less than 14 days from the date the notice is issued.\n(sec.206-ssec.4) In this section— specified person means a person who is or has been— an approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or a family day care educator. s 206 amd 2017 No. 9 (Vic) s 53 (3) ; 2025 No. 53 (Vic) s 6\n- (a) monitoring compliance with this Law;\n- (b) a rating assessment of an approved education and care service under Part 5 ;\n- (c) obtaining information requested under section 35 or 83 .\n- (a) an approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or\n- (b) a family day care educator.","sortOrder":295},{"sectionNumber":"sec.206A","sectionType":"section","heading":"Power of authorised officers to obtain information, documents and evidence from recruitment agencies","content":"### sec.206A Power of authorised officers to obtain information, documents and evidence from recruitment agencies\n\nAn authorised officer, by written notice, may require a recruitment agency to provide to the authorised officer, by writing signed by a competent officer of that agency and within the time and in the manner specified in the notice, any relevant information specified in the notice for the purposes of monitoring compliance with this Law.\nThe time specified in the notice must not be less than 14 days from the date the notice is issued.\ns 206A ins 2025 No. 53 (Vic) s 7\n(sec.206A-ssec.1) An authorised officer, by written notice, may require a recruitment agency to provide to the authorised officer, by writing signed by a competent officer of that agency and within the time and in the manner specified in the notice, any relevant information specified in the notice for the purposes of monitoring compliance with this Law.\n(sec.206A-ssec.2) The time specified in the notice must not be less than 14 days from the date the notice is issued.","sortOrder":296},{"sectionNumber":"sec.206B","sectionType":"section","heading":"Power of authorised officers to obtain information, documents and evidence from former provider for purposes of related provider determinations","content":"### sec.206B Power of authorised officers to obtain information, documents and evidence from former provider for purposes of related provider determinations\n\nFor the purposes of a related provider determination, an authorised officer, by written notice, may require a former provider to provide to the authorised officer any relevant information specified in the notice.\nA former provider who is required to provide information under subsection (1) must provide that information—\nin writing signed by that former provider or, if the former provider is not an individual, by a competent officer of that former provider; and\nwithin the time specified in the notice; and\nin the manner specified in the notice.\nThe time specified in the notice must not be less than 14 days from the date the notice is issued.\ns 206B ins 2025 No. 53 (Vic) s 98\n(sec.206B-ssec.1) For the purposes of a related provider determination, an authorised officer, by written notice, may require a former provider to provide to the authorised officer any relevant information specified in the notice.\n(sec.206B-ssec.2) A former provider who is required to provide information under subsection (1) must provide that information— in writing signed by that former provider or, if the former provider is not an individual, by a competent officer of that former provider; and within the time specified in the notice; and in the manner specified in the notice.\n(sec.206B-ssec.3) The time specified in the notice must not be less than 14 days from the date the notice is issued.\n- (a) in writing signed by that former provider or, if the former provider is not an individual, by a competent officer of that former provider; and\n- (b) within the time specified in the notice; and\n- (c) in the manner specified in the notice.","sortOrder":297},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Offences relating to enforcement","content":"## Offences relating to enforcement","sortOrder":298},{"sectionNumber":"sec.207","sectionType":"section","heading":"Offence to obstruct authorised officer","content":"### sec.207 Offence to obstruct authorised officer\n\nA person must not obstruct an authorised officer in exercising his or her powers under this Law.\nPenalty:\n$27 300, in the case of an individual.\n$137 700, in any other case.\ns 207 amd 2022 No. 43 (Vic) s 87 ; 2025 No. 53 (Vic) s 48","sortOrder":299},{"sectionNumber":"sec.208","sectionType":"section","heading":"Offence to fail to assist authorised officer","content":"### sec.208 Offence to fail to assist authorised officer\n\nA person must not, without reasonable excuse—\nrefuse to answer a question lawfully asked by an authorised officer (other than a question asked under section 197 (2) (e) ); or\nrefuse to provide information or produce a document lawfully required by an authorised officer; or\nfail to comply with a requirement made by an authorised officer under clause 5(2)(f) or (g) of Schedule 2 .\nPenalty:\n$27 300, in the case of an individual.\n$137 700, in any other case.\ns 208 amd 2022 No. 43 (Vic) s 88 ; 2025 No. 53 (Vic) s 49\n- (a) refuse to answer a question lawfully asked by an authorised officer (other than a question asked under section 197 (2) (e) ); or\n- (b) refuse to provide information or produce a document lawfully required by an authorised officer; or\n- (c) fail to comply with a requirement made by an authorised officer under clause 5(2)(f) or (g) of Schedule 2 .","sortOrder":300},{"sectionNumber":"sec.209","sectionType":"section","heading":"Offence to destroy or damage notices or documents","content":"### sec.209 Offence to destroy or damage notices or documents\n\nA person must not, without lawful authority, destroy or damage any notice or document given or prepared or kept under this Law.\nPenalty:\n$27 300, in the case of an individual.\n$137 700, in any other case.\ns 209 amd 2022 No. 43 (Vic) s 89 ; 2025 No. 53 (Vic) s 50","sortOrder":301},{"sectionNumber":"sec.210","sectionType":"section","heading":"Offence to impersonate authorised officer","content":"### sec.210 Offence to impersonate authorised officer\n\nA person must not impersonate an authorised officer.\nPenalty: $27 300.\ns 210 amd 2022 No. 43 (Vic) s 90 ; 2025 No. 53 (Vic) s 51","sortOrder":302},{"sectionNumber":"sec.211","sectionType":"section","heading":"Protection against self incrimination","content":"### sec.211 Protection against self incrimination\n\nAn individual may refuse or fail to give information or do any other thing that the individual is required to do by or under this Law if giving the information or doing the thing might incriminate the individual.\nHowever, subsection (1) does not apply to—\nthe production of a document or part of a document that is required to be kept under this Law; or\nthe giving of the individual’s name or address in accordance with this Law; or\nanything required to be done under section 215 , 216 , 216A or 216B .\nAny document referred to in subsection (2) (a) that is produced by an individual or any information obtained directly or indirectly from that document produced by an individual is not admissible in evidence against the individual in any criminal proceedings (except for criminal proceedings under this Law) or in any civil proceedings.\ns 211 amd 2025 No. 53 (Vic) s 99\n(sec.211-ssec.1) An individual may refuse or fail to give information or do any other thing that the individual is required to do by or under this Law if giving the information or doing the thing might incriminate the individual.\n(sec.211-ssec.2) However, subsection (1) does not apply to— the production of a document or part of a document that is required to be kept under this Law; or the giving of the individual’s name or address in accordance with this Law; or anything required to be done under section 215 , 216 , 216A or 216B .\n(sec.211-ssec.3) Any document referred to in subsection (2) (a) that is produced by an individual or any information obtained directly or indirectly from that document produced by an individual is not admissible in evidence against the individual in any criminal proceedings (except for criminal proceedings under this Law) or in any civil proceedings.\n- (a) the production of a document or part of a document that is required to be kept under this Law; or\n- (b) the giving of the individual’s name or address in accordance with this Law; or\n- (c) anything required to be done under section 215 , 216 , 216A or 216B .","sortOrder":303},{"sectionNumber":"sec.212","sectionType":"section","heading":"Warning to be given","content":"### sec.212 Warning to be given\n\nBefore requiring a person to answer a question or provide information or a document under this Part or Schedule 2 , an authorised officer must—\nidentify himself or herself to the person as an authorised officer by producing the officer’s identity card; and\nwarn the person that a failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and\nin the case of an individual, warn the person about the effect of section 211 .\nNothing in this section prevents an authorised officer from obtaining and using evidence given to the authorised officer voluntarily by any person.\nThis section does not apply to a request made under section 197 .\n(sec.212-ssec.1) Before requiring a person to answer a question or provide information or a document under this Part or Schedule 2 , an authorised officer must— identify himself or herself to the person as an authorised officer by producing the officer’s identity card; and warn the person that a failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and in the case of an individual, warn the person about the effect of section 211 .\n(sec.212-ssec.2) Nothing in this section prevents an authorised officer from obtaining and using evidence given to the authorised officer voluntarily by any person.\n(sec.212-ssec.3) This section does not apply to a request made under section 197 .\n- (a) identify himself or herself to the person as an authorised officer by producing the officer’s identity card; and\n- (b) warn the person that a failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and\n- (c) in the case of an individual, warn the person about the effect of section 211 .","sortOrder":304},{"sectionNumber":"sec.213","sectionType":"section","heading":"Occupier’s consent to search","content":"### sec.213 Occupier’s consent to search\n\nAn occupier who consents in writing to the entry and inspection of his or her premises under Division 2 must be given a copy of the signed consent immediately.\nIf, in any proceeding, a written consent is not produced to the court, it must be presumed until the contrary is proved that the occupier did not consent to the entry and search.\n(sec.213-ssec.1) An occupier who consents in writing to the entry and inspection of his or her premises under Division 2 must be given a copy of the signed consent immediately.\n(sec.213-ssec.2) If, in any proceeding, a written consent is not produced to the court, it must be presumed until the contrary is proved that the occupier did not consent to the entry and search.","sortOrder":305},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Powers of Regulatory Authority","content":"## Powers of Regulatory Authority","sortOrder":306},{"sectionNumber":"sec.214","sectionType":"section","heading":"Powers of Regulatory Authority to obtain information for rating purposes","content":"### sec.214 Powers of Regulatory Authority to obtain information for rating purposes\n\nThe Regulatory Authority may, for the purpose of a rating assessment—\nask the approved provider of the approved education and care service for any information and documents; and\nmake any inquiries it considers appropriate.\n- (a) ask the approved provider of the approved education and care service for any information and documents; and\n- (b) make any inquiries it considers appropriate.","sortOrder":307},{"sectionNumber":"sec.215","sectionType":"section","heading":"Power of Regulatory Authority to obtain information, documents and evidence by notice","content":"### sec.215 Power of Regulatory Authority to obtain information, documents and evidence by notice\n\nThis section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law.\nThe Regulatory Authority may, by written notice, require a specified person—\nto provide to the Regulatory Authority, in writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or\nto produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or\nto appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice to give any evidence or to produce any relevant document specified in the notice.\nThe notice must—\nwarn the person that failure or refusal to comply with the notice would constitute an offence; and\nwarn the person about the effect of sections 217 , 218 and 219 .\nThe Regulatory Authority or the person specified in the notice acting on the Regulatory Authority’s behalf may require the evidence referred to in subsection (2) (c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation.\nThe person may give evidence under subsection (2) (c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the person to give that evidence in person.\nIn this section, specified person means—\na person who is or has been an approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or\na person who is or has been a family day care educator; or\na recruitment agency.\ns 215 amd 2025 No. 53 (Vic) s 8\n(sec.215-ssec.1) This section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law.\n(sec.215-ssec.2) The Regulatory Authority may, by written notice, require a specified person— to provide to the Regulatory Authority, in writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice to give any evidence or to produce any relevant document specified in the notice.\n(sec.215-ssec.3) The notice must— warn the person that failure or refusal to comply with the notice would constitute an offence; and warn the person about the effect of sections 217 , 218 and 219 .\n(sec.215-ssec.4) The Regulatory Authority or the person specified in the notice acting on the Regulatory Authority’s behalf may require the evidence referred to in subsection (2) (c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation.\n(sec.215-ssec.5) The person may give evidence under subsection (2) (c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the person to give that evidence in person.\n(sec.215-ssec.6) In this section, specified person means— a person who is or has been an approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or a person who is or has been a family day care educator; or a recruitment agency.\n- (a) to provide to the Regulatory Authority, in writing signed by that person or, if the person is not an individual, by a competent officer of that person, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or\n- (b) to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or\n- (c) to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice to give any evidence or to produce any relevant document specified in the notice.\n- (a) warn the person that failure or refusal to comply with the notice would constitute an offence; and\n- (b) warn the person about the effect of sections 217 , 218 and 219 .\n- (a) a person who is or has been an approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or\n- (b) a person who is or has been a family day care educator; or\n- (c) a recruitment agency.","sortOrder":308},{"sectionNumber":"sec.216","sectionType":"section","heading":"Power of Regulatory Authority to obtain information, documents and evidence at education and care service","content":"### sec.216 Power of Regulatory Authority to obtain information, documents and evidence at education and care service\n\nThis section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law.\nThe Regulatory Authority may require a specified person at an education and care service—\nto provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the suspected offence; or\nto produce to the Regulatory Authority, or to a person acting on the Regulatory Authority’s behalf, any specified document that is relevant to the suspected offence.\nThe Regulatory Authority must—\nwarn the person that failure or refusal to comply with the requirement would constitute an offence; and\nwarn the person about the effect of sections 217 , 218 and 219 .\nThe Regulatory Authority must not require a person to remain at the education and care service more than a reasonable time for the purposes of providing information or producing documents under subsection (2) .\nIn this section, specified person has the meaning given in section 206 (4) .\n(sec.216-ssec.1) This section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law.\n(sec.216-ssec.2) The Regulatory Authority may require a specified person at an education and care service— to provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the suspected offence; or to produce to the Regulatory Authority, or to a person acting on the Regulatory Authority’s behalf, any specified document that is relevant to the suspected offence.\n(sec.216-ssec.3) The Regulatory Authority must— warn the person that failure or refusal to comply with the requirement would constitute an offence; and warn the person about the effect of sections 217 , 218 and 219 .\n(sec.216-ssec.4) The Regulatory Authority must not require a person to remain at the education and care service more than a reasonable time for the purposes of providing information or producing documents under subsection (2) .\n(sec.216-ssec.5) In this section, specified person has the meaning given in section 206 (4) .\n- (a) to provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the suspected offence; or\n- (b) to produce to the Regulatory Authority, or to a person acting on the Regulatory Authority’s behalf, any specified document that is relevant to the suspected offence.\n- (a) warn the person that failure or refusal to comply with the requirement would constitute an offence; and\n- (b) warn the person about the effect of sections 217 , 218 and 219 .","sortOrder":309},{"sectionNumber":"sec.216A","sectionType":"section","heading":"Power of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination","content":"### sec.216A Power of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination\n\nFor the purposes of making a related provider determination in relation to an approved provider, the Regulatory Authority, by written notice, may require the approved provider—\nto provide to the Regulatory Authority, in writing signed by that provider or, if the provider is not an individual, by a competent officer of that provider, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or\nto produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or\nto appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice, to give any evidence or to produce any relevant document specified in the notice.\nThe notice must—\nwarn the approved provider that failure or refusal to comply with the notice may constitute an offence; and\nwarn the provider about the effect of sections 217 , 218 and 219 .\nThe Regulatory Authority or the person specified in the notice acting on the Regulatory Authority’s behalf may require the evidence referred to in subsection (1) (c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation.\nThe approved provider may give evidence under subsection (1) (c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the provider to give that evidence in person.\ns 216A ins 2025 No. 53 (Vic) s 100\n(sec.216A-ssec.1) For the purposes of making a related provider determination in relation to an approved provider, the Regulatory Authority, by written notice, may require the approved provider— to provide to the Regulatory Authority, in writing signed by that provider or, if the provider is not an individual, by a competent officer of that provider, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice, to give any evidence or to produce any relevant document specified in the notice.\n(sec.216A-ssec.2) The notice must— warn the approved provider that failure or refusal to comply with the notice may constitute an offence; and warn the provider about the effect of sections 217 , 218 and 219 .\n(sec.216A-ssec.3) The Regulatory Authority or the person specified in the notice acting on the Regulatory Authority’s behalf may require the evidence referred to in subsection (1) (c) to be given on oath or affirmation and for that purpose may administer an oath or affirmation.\n(sec.216A-ssec.4) The approved provider may give evidence under subsection (1) (c) by telephone or video conference or other electronic means unless the Regulatory Authority, on reasonable grounds, requires the provider to give that evidence in person.\n- (a) to provide to the Regulatory Authority, in writing signed by that provider or, if the provider is not an individual, by a competent officer of that provider, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or\n- (b) to produce to the Regulatory Authority, or to a person specified in the notice acting on the Regulatory Authority’s behalf, in accordance with the notice, any relevant document referred to in the notice; or\n- (c) to appear before the Regulatory Authority, or a person specified in the notice acting on the Regulatory Authority’s behalf, at a time and place specified in the notice, to give any evidence or to produce any relevant document specified in the notice.\n- (a) warn the approved provider that failure or refusal to comply with the notice may constitute an offence; and\n- (b) warn the provider about the effect of sections 217 , 218 and 219 .","sortOrder":310},{"sectionNumber":"sec.216B","sectionType":"section","heading":"Power of Regulatory Authority to obtain information, documents and evidence from specified person at education and care service for the purposes of a related provider determination","content":"### sec.216B Power of Regulatory Authority to obtain information, documents and evidence from specified person at education and care service for the purposes of a related provider determination\n\nFor the purposes of making a related provider determination in relation to an approved provider or former provider, the Regulatory Authority, by written notice, may require a specified person at an education and care service—\nto provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the related provider determination; or\nto produce to the Regulatory Authority, or to a person acting on the Regulatory Authority’s behalf, any specified document that is relevant to the related provider determination.\nThe Regulatory Authority must—\nwarn the person that failure or refusal to comply with the requirement may constitute an offence; and\nwarn the person about the effect of sections 217 , 218 and 219 .\nThe Regulatory Authority must not require a specified person to remain at the education and care service for more than a reasonable time for the purposes of providing information or producing documents under subsection (1) .\nIn this section—\nspecified person means a person who is or has been—\na nominated supervisor of an education and care service; or\na staff member of an education and care service; or\na volunteer at an education and care service.\ns 216B ins 2025 No. 53 (Vic) s 100\n(sec.216B-ssec.1) For the purposes of making a related provider determination in relation to an approved provider or former provider, the Regulatory Authority, by written notice, may require a specified person at an education and care service— to provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the related provider determination; or to produce to the Regulatory Authority, or to a person acting on the Regulatory Authority’s behalf, any specified document that is relevant to the related provider determination.\n(sec.216B-ssec.2) The Regulatory Authority must— warn the person that failure or refusal to comply with the requirement may constitute an offence; and warn the person about the effect of sections 217 , 218 and 219 .\n(sec.216B-ssec.3) The Regulatory Authority must not require a specified person to remain at the education and care service for more than a reasonable time for the purposes of providing information or producing documents under subsection (1) .\n(sec.216B-ssec.4) In this section— specified person means a person who is or has been— a nominated supervisor of an education and care service; or a staff member of an education and care service; or a volunteer at an education and care service.\n- (a) to provide the Regulatory Authority, or a person acting on the Regulatory Authority’s behalf, with any specified information that is relevant to the related provider determination; or\n- (b) to produce to the Regulatory Authority, or to a person acting on the Regulatory Authority’s behalf, any specified document that is relevant to the related provider determination.\n- (a) warn the person that failure or refusal to comply with the requirement may constitute an offence; and\n- (b) warn the person about the effect of sections 217 , 218 and 219 .\n- (a) a nominated supervisor of an education and care service; or\n- (b) a staff member of an education and care service; or\n- (c) a volunteer at an education and care service.","sortOrder":311},{"sectionNumber":"sec.216C","sectionType":"section","heading":"Approved provider that is a related provider must disclose certain information to Regulatory Authority","content":"### sec.216C Approved provider that is a related provider must disclose certain information to Regulatory Authority\n\nAt the request of the Regulatory Authority, an approved provider who is a related provider must disclose to the Regulatory Authority within 14 days after the Regulatory Authority’s request—\ndetails of any arrangement entered into by the provider relating to the provider’s governance or the operation of an education and care service by the provider; and\nthe prescribed information relating to the approved provider’s ownership or operation.\nPenalty:\n$27 300, in the case of an individual.\n$137 700, in any other case.\ns 216C ins 2025 No. 53 (Vic) s 100\n- (a) details of any arrangement entered into by the provider relating to the provider’s governance or the operation of an education and care service by the provider; and\n- (b) the prescribed information relating to the approved provider’s ownership or operation.","sortOrder":312},{"sectionNumber":"sec.217","sectionType":"section","heading":"Offence to fail to comply with notice or requirement","content":"### sec.217 Offence to fail to comply with notice or requirement\n\nA person must not refuse or fail to comply with a requirement under section 215 , 216 , 216A or 216B to the extent that the person is capable of complying with that requirement.\nPenalty:\n$27 300, in the case of an individual.\n$137 700, in any other case.\ns 217 amd 2022 No. 43 (Vic) s 91 ; 2025 No. 53 (Vic) ss 52 , 101","sortOrder":313},{"sectionNumber":"sec.218","sectionType":"section","heading":"Offence to hinder or obstruct Regulatory Authority","content":"### sec.218 Offence to hinder or obstruct Regulatory Authority\n\nA person must not obstruct or hinder the Regulatory Authority in exercising a power under section 215 , 216 , 216A or 216B .\nPenalty:\n$27 300, in the case of an individual.\n$137 700, in any other case.\ns 218 amd 2022 No. 43 (Vic) s 92 ; 2025 No. 53 (Vic) ss 53 , 102","sortOrder":314},{"sectionNumber":"sec.219","sectionType":"section","heading":"Self incrimination not an excuse","content":"### sec.219 Self incrimination not an excuse\n\nA person is not excused from complying with a notice or requirement under section 215 , 216 , 216A or 216B on the ground that complying with the notice or requirement may result in information being provided that might tend to incriminate the person.\nSubject to subsection (3) , disclosed information is not admissible in evidence against the individual in any criminal proceedings (other than proceedings under section 218 or 295 ) or in any civil proceedings.\nDespite subsection (2) , any information obtained from a document or documents required to be kept under this Law that is produced by a person is admissible in evidence against the person in criminal proceedings under this Law.\nIn this section—\ndisclosed information means—\nthe answer by an individual to any question asked under section 215 , 216 , 216A or 216B ; or\nthe provision by an individual of any information in compliance with section 215 , 216 , 216A or 216B ; or\nany information obtained directly or indirectly because of that answer or the provision of that information.\ns 219 amd 2025 No. 53 (Vic) s 103\n(sec.219-ssec.1) A person is not excused from complying with a notice or requirement under section 215 , 216 , 216A or 216B on the ground that complying with the notice or requirement may result in information being provided that might tend to incriminate the person.\n(sec.219-ssec.2) Subject to subsection (3) , disclosed information is not admissible in evidence against the individual in any criminal proceedings (other than proceedings under section 218 or 295 ) or in any civil proceedings.\n(sec.219-ssec.3) Despite subsection (2) , any information obtained from a document or documents required to be kept under this Law that is produced by a person is admissible in evidence against the person in criminal proceedings under this Law.\n(sec.219-ssec.4) In this section— disclosed information means— the answer by an individual to any question asked under section 215 , 216 , 216A or 216B ; or the provision by an individual of any information in compliance with section 215 , 216 , 216A or 216B ; or any information obtained directly or indirectly because of that answer or the provision of that information.\n- (a) the answer by an individual to any question asked under section 215 , 216 , 216A or 216B ; or\n- (b) the provision by an individual of any information in compliance with section 215 , 216 , 216A or 216B ; or\n- (c) any information obtained directly or indirectly because of that answer or the provision of that information.","sortOrder":315},{"sectionNumber":"pt.10","sectionType":"part","heading":"Ministerial Council","content":"# Ministerial Council","sortOrder":316},{"sectionNumber":"sec.220","sectionType":"section","heading":"Functions of Ministerial Council","content":"### sec.220 Functions of Ministerial Council\n\nThe Ministerial Council has the following functions under this Law—\nto oversee the implementation and administration of the National Quality Framework;\nto promote uniformity in the application and enforcement of the National Quality Framework;\nto review and approve the National Quality Standard and set specific standards for education and care services and classes of education and care services;\nto review and approve the rating level system to be used in rating education and care services;\nto review and approve the fee structure under this Law;\nto review and approve new learning frameworks for the purposes of this Law;\nto monitor the implementation and operation of, and recommend or approve amendments to, this Law;\nto monitor the implementation and operation of the national regulations;\nto review the education and care services to which this Law applies and recommend, or amend the national regulations to provide for, the inclusion of new classes of education and care services under this Law;\nto appoint the members of the Board;\nto monitor and review the performance of the National Authority;\nany other functions given to the Ministerial Council by or under this Law.\nThe Ministerial Council must have regard to the objectives and guiding principles of the National Quality Framework in carrying out its functions.\n(sec.220-ssec.1) The Ministerial Council has the following functions under this Law— to oversee the implementation and administration of the National Quality Framework; to promote uniformity in the application and enforcement of the National Quality Framework; to review and approve the National Quality Standard and set specific standards for education and care services and classes of education and care services; to review and approve the rating level system to be used in rating education and care services; to review and approve the fee structure under this Law; to review and approve new learning frameworks for the purposes of this Law; to monitor the implementation and operation of, and recommend or approve amendments to, this Law; to monitor the implementation and operation of the national regulations; to review the education and care services to which this Law applies and recommend, or amend the national regulations to provide for, the inclusion of new classes of education and care services under this Law; to appoint the members of the Board; to monitor and review the performance of the National Authority; any other functions given to the Ministerial Council by or under this Law.\n(sec.220-ssec.2) The Ministerial Council must have regard to the objectives and guiding principles of the National Quality Framework in carrying out its functions.\n- (a) to oversee the implementation and administration of the National Quality Framework;\n- (b) to promote uniformity in the application and enforcement of the National Quality Framework;\n- (c) to review and approve the National Quality Standard and set specific standards for education and care services and classes of education and care services;\n- (d) to review and approve the rating level system to be used in rating education and care services;\n- (e) to review and approve the fee structure under this Law;\n- (f) to review and approve new learning frameworks for the purposes of this Law;\n- (g) to monitor the implementation and operation of, and recommend or approve amendments to, this Law;\n- (h) to monitor the implementation and operation of the national regulations;\n- (i) to review the education and care services to which this Law applies and recommend, or amend the national regulations to provide for, the inclusion of new classes of education and care services under this Law;\n- (j) to appoint the members of the Board;\n- (k) to monitor and review the performance of the National Authority;\n- (l) any other functions given to the Ministerial Council by or under this Law.","sortOrder":317},{"sectionNumber":"sec.221","sectionType":"section","heading":"Powers of Ministerial Council","content":"### sec.221 Powers of Ministerial Council\n\nThe Ministerial Council may—\nmake recommendations to the Board in relation to the exercise of the National Authority’s functions under this Law; and\nrefer any matter to the Board for consideration and advice; and\nmake regulations in accordance with this Law; and\ndo anything necessary or convenient to be done in carrying out its functions.\n- (a) make recommendations to the Board in relation to the exercise of the National Authority’s functions under this Law; and\n- (b) refer any matter to the Board for consideration and advice; and\n- (c) make regulations in accordance with this Law; and\n- (d) do anything necessary or convenient to be done in carrying out its functions.","sortOrder":318},{"sectionNumber":"sec.222","sectionType":"section","heading":"Directions","content":"### sec.222 Directions\n\nThe Ministerial Council may give directions to the Board in relation to the carrying out of the National Authority’s functions under this Law, including the following—\nreporting and accountability to the Ministerial Council and Regulatory Authorities;\nthe application of the National Quality Framework;\nthe rating level system to be used in rating education and care services;\nthe collection and use of information.\nThe Ministerial Council may give directions to a Regulatory Authority with respect to the administration of the National Quality Framework.\nA direction under this section cannot be about—\na particular person or education and care service; or\na particular application, approval, notification, assessment or proceeding; or\nthe determination of a rating for a particular education and care service.\nA direction must be in writing.\nA direction must not be inconsistent with this Law.\nA direction is not a legislative instrument or an instrument of a legislative character.\nA direction to the Board under this section must be given to the Chairperson of the Board.\nThe Board or a Regulatory Authority must comply with a direction given to the Board or the Authority by the Ministerial Council under this section.\n(sec.222-ssec.1) The Ministerial Council may give directions to the Board in relation to the carrying out of the National Authority’s functions under this Law, including the following— reporting and accountability to the Ministerial Council and Regulatory Authorities; the application of the National Quality Framework; the rating level system to be used in rating education and care services; the collection and use of information.\n(sec.222-ssec.2) The Ministerial Council may give directions to a Regulatory Authority with respect to the administration of the National Quality Framework.\n(sec.222-ssec.3) A direction under this section cannot be about— a particular person or education and care service; or a particular application, approval, notification, assessment or proceeding; or the determination of a rating for a particular education and care service.\n(sec.222-ssec.4) A direction must be in writing.\n(sec.222-ssec.5) A direction must not be inconsistent with this Law.\n(sec.222-ssec.6) A direction is not a legislative instrument or an instrument of a legislative character.\n(sec.222-ssec.7) A direction to the Board under this section must be given to the Chairperson of the Board.\n(sec.222-ssec.8) The Board or a Regulatory Authority must comply with a direction given to the Board or the Authority by the Ministerial Council under this section.\n- (a) reporting and accountability to the Ministerial Council and Regulatory Authorities;\n- (b) the application of the National Quality Framework;\n- (c) the rating level system to be used in rating education and care services;\n- (d) the collection and use of information.\n- (a) a particular person or education and care service; or\n- (b) a particular application, approval, notification, assessment or proceeding; or\n- (c) the determination of a rating for a particular education and care service.","sortOrder":319},{"sectionNumber":"sec.223","sectionType":"section","heading":"How Ministerial Council exercises powers","content":"### sec.223 How Ministerial Council exercises powers\n\nThe Ministerial Council is to give a direction for the purposes of this Law by resolution of the Council passed in accordance with procedures determined by the Council.\nAn act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.\n(sec.223-ssec.1) The Ministerial Council is to give a direction for the purposes of this Law by resolution of the Council passed in accordance with procedures determined by the Council.\n(sec.223-ssec.2) An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.","sortOrder":320},{"sectionNumber":"pt.11","sectionType":"part","heading":"Australian Children’s Education and Care Quality Authority","content":"# Australian Children’s Education and Care Quality Authority","sortOrder":321},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"The National Authority","content":"## The National Authority","sortOrder":322},{"sectionNumber":"sec.224","sectionType":"section","heading":"National Authority","content":"### sec.224 National Authority\n\nThe Australian Children’s Education and Care Quality Authority is established.\nThe National Authority—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\nThe National Authority represents the State.\n(sec.224-ssec.1) The Australian Children’s Education and Care Quality Authority is established.\n(sec.224-ssec.2) The National Authority— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n(sec.224-ssec.3) The National Authority represents the State.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":323},{"sectionNumber":"sec.225","sectionType":"section","heading":"Functions of National Authority","content":"### sec.225 Functions of National Authority\n\nThe functions of the National Authority are as follows—\nto guide the implementation and administration of the National Quality Framework and to monitor and promote consistency in its implementation and administration;\nto report to and advise the Ministerial Council on the National Quality Framework;\nto report to the Regulatory Authorities and the relevant Commonwealth Department in relation to the following—\nthe collection of information under this Law;\nthe evaluation of the National Quality Framework;\nto establish consistent, effective and efficient procedures for the operation of the National Quality Framework;\nto determine the arrangements for national auditing for the purposes of this Law;\nto keep national information on the assessment, rating and regulation of education and care services;\nto establish and maintain national registers of approved providers and approved education and care services and to publish those registers;\nto establish, maintain and publish the National Early Childhood Worker Register;\nto promote and foster continuous quality improvement by approved education and care services;\nto publish, monitor and review ratings of approved education and care services;\nto make determinations with respect to the highest level of rating for approved education and care services;\nin conjunction with the Regulatory Authorities, to educate and inform education and care services and the community about the National Quality Framework;\nto publish guides and resources—\nto support parents and the community in understanding quality in relation to education and care services; and\nto support the education and care services sector in understanding the National Quality Framework;\nto publish information about the implementation and administration of the National Quality Framework and its effect on developmental and educational outcomes for children;\nto publish practice notes and guidelines for the application of this Law;\nto provide support and training for staff of Regulatory Authorities;\nto determine the qualifications required to be held by educators, including the assessment of equivalent qualifications;\nany other function given to the National Authority by or under this Law.\nIn carrying out its functions, the National Authority must ensure that the regulatory burden on education and care services is minimised as far as possible.\nIn carrying out its functions, the National Authority must have regard to the objectives and guiding principles of the National Quality Framework.\ns 225 amd 2017 No. 9 (Vic) s 59 ; 2025 No. 53 (Vic) s 104\n(sec.225-ssec.1) The functions of the National Authority are as follows— to guide the implementation and administration of the National Quality Framework and to monitor and promote consistency in its implementation and administration; to report to and advise the Ministerial Council on the National Quality Framework; to report to the Regulatory Authorities and the relevant Commonwealth Department in relation to the following— the collection of information under this Law; the evaluation of the National Quality Framework; to establish consistent, effective and efficient procedures for the operation of the National Quality Framework; to determine the arrangements for national auditing for the purposes of this Law; to keep national information on the assessment, rating and regulation of education and care services; to establish and maintain national registers of approved providers and approved education and care services and to publish those registers; to establish, maintain and publish the National Early Childhood Worker Register; to promote and foster continuous quality improvement by approved education and care services; to publish, monitor and review ratings of approved education and care services; to make determinations with respect to the highest level of rating for approved education and care services; in conjunction with the Regulatory Authorities, to educate and inform education and care services and the community about the National Quality Framework; to publish guides and resources— to support parents and the community in understanding quality in relation to education and care services; and to support the education and care services sector in understanding the National Quality Framework; to publish information about the implementation and administration of the National Quality Framework and its effect on developmental and educational outcomes for children; to publish practice notes and guidelines for the application of this Law; to provide support and training for staff of Regulatory Authorities; to determine the qualifications required to be held by educators, including the assessment of equivalent qualifications; any other function given to the National Authority by or under this Law.\n(sec.225-ssec.2) In carrying out its functions, the National Authority must ensure that the regulatory burden on education and care services is minimised as far as possible.\n(sec.225-ssec.3) In carrying out its functions, the National Authority must have regard to the objectives and guiding principles of the National Quality Framework.\n- (a) to guide the implementation and administration of the National Quality Framework and to monitor and promote consistency in its implementation and administration;\n- (b) to report to and advise the Ministerial Council on the National Quality Framework;\n- (c) to report to the Regulatory Authorities and the relevant Commonwealth Department in relation to the following— (i) the collection of information under this Law; (ii) the evaluation of the National Quality Framework;\n- (i) the collection of information under this Law;\n- (ii) the evaluation of the National Quality Framework;\n- (d) to establish consistent, effective and efficient procedures for the operation of the National Quality Framework;\n- (e) to determine the arrangements for national auditing for the purposes of this Law;\n- (f) to keep national information on the assessment, rating and regulation of education and care services;\n- (g) to establish and maintain national registers of approved providers and approved education and care services and to publish those registers;\n- (ga) to establish, maintain and publish the National Early Childhood Worker Register;\n- (h) to promote and foster continuous quality improvement by approved education and care services;\n- (i) to publish, monitor and review ratings of approved education and care services;\n- (j) to make determinations with respect to the highest level of rating for approved education and care services;\n- (k) in conjunction with the Regulatory Authorities, to educate and inform education and care services and the community about the National Quality Framework;\n- (l) to publish guides and resources— (i) to support parents and the community in understanding quality in relation to education and care services; and (ii) to support the education and care services sector in understanding the National Quality Framework;\n- (i) to support parents and the community in understanding quality in relation to education and care services; and\n- (ii) to support the education and care services sector in understanding the National Quality Framework;\n- (m) to publish information about the implementation and administration of the National Quality Framework and its effect on developmental and educational outcomes for children;\n- (n) to publish practice notes and guidelines for the application of this Law;\n- (o) to provide support and training for staff of Regulatory Authorities;\n- (p) to determine the qualifications required to be held by educators, including the assessment of equivalent qualifications;\n- (q) any other function given to the National Authority by or under this Law.\n- (i) the collection of information under this Law;\n- (ii) the evaluation of the National Quality Framework;\n- (i) to support parents and the community in understanding quality in relation to education and care services; and\n- (ii) to support the education and care services sector in understanding the National Quality Framework;","sortOrder":324},{"sectionNumber":"sec.226","sectionType":"section","heading":"National Authority may advise and seek guidance of Ministerial Council","content":"### sec.226 National Authority may advise and seek guidance of Ministerial Council\n\nThe National Authority may provide advice to and seek the guidance of the Ministerial Council if the National Authority considers it necessary in carrying out its functions under this Law.","sortOrder":325},{"sectionNumber":"sec.227","sectionType":"section","heading":"Powers of National Authority","content":"### sec.227 Powers of National Authority\n\nThe National Authority has all the powers of an individual and, in particular, may—\nenter into contracts; and\nacquire, hold, dispose of, and deal with, real and personal property; and\nborrow and invest money; and\ndevelop and supply resources and consultancy services to the education and care sector on a commercial basis; and\ndo anything necessary or convenient to be done in carrying out its functions.\nWithout limiting subsection (1) , the National Authority may—\ncollect, hold and use information obtained under this Law by the National Authority or a Regulatory Authority about the provision of education and care to children including information about outcomes for children and about providers of education and care services in each participating jurisdiction; and\nSee section 270 , which provides for the National Authority to publish information about approved providers.\ndevelop protocols for communication and dispute resolution among the National Authority, the Regulatory Authorities and the relevant Commonwealth Department to provide for consistency in the implementation and administration of the National Quality Framework; and\ncollect, waive, reduce, defer and refund fees and enter into agreements in relation to fees in accordance with the national regulations; and\nenter into agreements in relation to fees and funding with the Regulatory Authorities; and\nundertake research and evaluation activities for the purpose of its functions under this Law.\n(sec.227-ssec.1) The National Authority has all the powers of an individual and, in particular, may— enter into contracts; and acquire, hold, dispose of, and deal with, real and personal property; and borrow and invest money; and develop and supply resources and consultancy services to the education and care sector on a commercial basis; and do anything necessary or convenient to be done in carrying out its functions.\n(sec.227-ssec.2) Without limiting subsection (1) , the National Authority may— collect, hold and use information obtained under this Law by the National Authority or a Regulatory Authority about the provision of education and care to children including information about outcomes for children and about providers of education and care services in each participating jurisdiction; and See section 270 , which provides for the National Authority to publish information about approved providers. develop protocols for communication and dispute resolution among the National Authority, the Regulatory Authorities and the relevant Commonwealth Department to provide for consistency in the implementation and administration of the National Quality Framework; and collect, waive, reduce, defer and refund fees and enter into agreements in relation to fees in accordance with the national regulations; and enter into agreements in relation to fees and funding with the Regulatory Authorities; and undertake research and evaluation activities for the purpose of its functions under this Law.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with, real and personal property; and\n- (c) borrow and invest money; and\n- (d) develop and supply resources and consultancy services to the education and care sector on a commercial basis; and\n- (e) do anything necessary or convenient to be done in carrying out its functions.\n- (a) collect, hold and use information obtained under this Law by the National Authority or a Regulatory Authority about the provision of education and care to children including information about outcomes for children and about providers of education and care services in each participating jurisdiction; and Note— See section 270 , which provides for the National Authority to publish information about approved providers.\n- (b) develop protocols for communication and dispute resolution among the National Authority, the Regulatory Authorities and the relevant Commonwealth Department to provide for consistency in the implementation and administration of the National Quality Framework; and\n- (c) collect, waive, reduce, defer and refund fees and enter into agreements in relation to fees in accordance with the national regulations; and\n- (d) enter into agreements in relation to fees and funding with the Regulatory Authorities; and\n- (e) undertake research and evaluation activities for the purpose of its functions under this Law.","sortOrder":326},{"sectionNumber":"sec.228","sectionType":"section","heading":"Co-operation with participating jurisdictions and Commonwealth","content":"### sec.228 Co-operation with participating jurisdictions and Commonwealth\n\nThe National Authority may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—\na government agency of a participating jurisdiction or of the Commonwealth; or\nan educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth; or\na prescribed body or body in a prescribed class of bodies.\nIn particular, the National Authority may—\nask a person or body referred to in subsection (1) for information that the Authority requires to carry out its functions under this Law; and\nuse the information to carry out its functions under this Law.\nA person or body referred to in subsection (1) that receives a request for information from the National Authority is authorised to give the information to the National Authority.\n(sec.228-ssec.1) The National Authority may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following— a government agency of a participating jurisdiction or of the Commonwealth; or an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth; or a prescribed body or body in a prescribed class of bodies.\n(sec.228-ssec.2) In particular, the National Authority may— ask a person or body referred to in subsection (1) for information that the Authority requires to carry out its functions under this Law; and use the information to carry out its functions under this Law.\n(sec.228-ssec.3) A person or body referred to in subsection (1) that receives a request for information from the National Authority is authorised to give the information to the National Authority.\n- (a) a government agency of a participating jurisdiction or of the Commonwealth; or\n- (b) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth; or\n- (c) a prescribed body or body in a prescribed class of bodies.\n- (a) ask a person or body referred to in subsection (1) for information that the Authority requires to carry out its functions under this Law; and\n- (b) use the information to carry out its functions under this Law.","sortOrder":327},{"sectionNumber":"sec.229","sectionType":"section","heading":"National audit functions","content":"### sec.229 National audit functions\n\nThe National Authority is to undertake national audits of the administration of the National Quality Framework and—\nreview the findings of the national audit processes; and\nevaluate trends in the administration of the National Quality Framework across participating jurisdictions; and\nadvise the Regulatory Authorities about the outcomes of the national audit processes and its evaluations; and\nreport to the Ministerial Council on the outcomes of the national audit and evaluation processes.\nThe audits are to be undertaken at the intervals, and by the means, determined by the National Authority.\n(sec.229-ssec.1) The National Authority is to undertake national audits of the administration of the National Quality Framework and— review the findings of the national audit processes; and evaluate trends in the administration of the National Quality Framework across participating jurisdictions; and advise the Regulatory Authorities about the outcomes of the national audit processes and its evaluations; and report to the Ministerial Council on the outcomes of the national audit and evaluation processes.\n(sec.229-ssec.2) The audits are to be undertaken at the intervals, and by the means, determined by the National Authority.\n- (a) review the findings of the national audit processes; and\n- (b) evaluate trends in the administration of the National Quality Framework across participating jurisdictions; and\n- (c) advise the Regulatory Authorities about the outcomes of the national audit processes and its evaluations; and\n- (d) report to the Ministerial Council on the outcomes of the national audit and evaluation processes.","sortOrder":328},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"The Board of the National Authority","content":"## The Board of the National Authority","sortOrder":329},{"sectionNumber":"sec.230","sectionType":"section","heading":"National Authority Board","content":"### sec.230 National Authority Board\n\nThe National Authority has a governing body known as the Australian Children’s Education and Care Quality Authority Board.","sortOrder":330},{"sectionNumber":"sec.231","sectionType":"section","heading":"Responsibilities of Board","content":"### sec.231 Responsibilities of Board\n\nThe affairs of the National Authority are to be controlled by the Board.\nThe Board has all the powers and duties and all the functions of the National Authority.\nAll acts and things done in the name of, or on behalf of, the National Authority by or with the authority of the Board are taken to have been done by the National Authority.\nThe Board must ensure that the National Authority carries out its functions and duties and exercises its powers in a proper, effective and efficient way.\nThe Board has any other functions given to it under this Law.\nAny report to the Ministerial Council under this Law is to be made by or through the Board.\nThe Board must act in accordance with any directions given to the National Authority by the Ministerial Council under section 222 .\nThe Board must work collaboratively with the Regulatory Authorities and the relevant Commonwealth Department to support and promote the National Quality Framework.\n(sec.231-ssec.1) The affairs of the National Authority are to be controlled by the Board.\n(sec.231-ssec.2) The Board has all the powers and duties and all the functions of the National Authority.\n(sec.231-ssec.3) All acts and things done in the name of, or on behalf of, the National Authority by or with the authority of the Board are taken to have been done by the National Authority.\n(sec.231-ssec.4) The Board must ensure that the National Authority carries out its functions and duties and exercises its powers in a proper, effective and efficient way.\n(sec.231-ssec.5) The Board has any other functions given to it under this Law.\n(sec.231-ssec.6) Any report to the Ministerial Council under this Law is to be made by or through the Board.\n(sec.231-ssec.7) The Board must act in accordance with any directions given to the National Authority by the Ministerial Council under section 222 .\n(sec.231-ssec.8) The Board must work collaboratively with the Regulatory Authorities and the relevant Commonwealth Department to support and promote the National Quality Framework.","sortOrder":331},{"sectionNumber":"sec.232","sectionType":"section","heading":"Membership of Board","content":"### sec.232 Membership of Board\n\nThe Board consists of up to 13 members appointed by consensus of the Ministerial Council.\nThe Ministerial Council must appoint by consensus one person to be the Chairperson of the Board.\nOne member is to be appointed for each State and Territory from 2 persons nominated by each State or Territory Minister on the Ministerial Council.\nThe Commonwealth Minister may nominate up to 8 persons for appointment to the Board.\nFour of the persons nominated under subsection (4) must be appointed to the Board.\nThe Ministerial Council must appoint by consensus one of the members referred to in subsection (3) or (5) to be the Deputy Chairperson of the Board.\nThe members appointed to the Board must have professional skills and expertise in one or more of the following areas—\nassessment of quality in education and care services or other relevant services;\nearly childhood development;\nlabour market and workforce participation and development;\nbest practice regulation;\nfinancial management and corporate governance;\nresearch, evaluation and performance;\nany other areas of skill determined by the Ministerial Council.\nIn appointing members of the Board, the Ministerial Council must have regard to the need for the Board to have an appropriate balance of skills and expertise among its members.\n(sec.232-ssec.1) The Board consists of up to 13 members appointed by consensus of the Ministerial Council.\n(sec.232-ssec.2) The Ministerial Council must appoint by consensus one person to be the Chairperson of the Board.\n(sec.232-ssec.3) One member is to be appointed for each State and Territory from 2 persons nominated by each State or Territory Minister on the Ministerial Council.\n(sec.232-ssec.4) The Commonwealth Minister may nominate up to 8 persons for appointment to the Board.\n(sec.232-ssec.5) Four of the persons nominated under subsection (4) must be appointed to the Board.\n(sec.232-ssec.6) The Ministerial Council must appoint by consensus one of the members referred to in subsection (3) or (5) to be the Deputy Chairperson of the Board.\n(sec.232-ssec.7) The members appointed to the Board must have professional skills and expertise in one or more of the following areas— assessment of quality in education and care services or other relevant services; early childhood development; labour market and workforce participation and development; best practice regulation; financial management and corporate governance; research, evaluation and performance; any other areas of skill determined by the Ministerial Council.\n(sec.232-ssec.8) In appointing members of the Board, the Ministerial Council must have regard to the need for the Board to have an appropriate balance of skills and expertise among its members.\n- (a) assessment of quality in education and care services or other relevant services;\n- (b) early childhood development;\n- (c) labour market and workforce participation and development;\n- (d) best practice regulation;\n- (e) financial management and corporate governance;\n- (f) research, evaluation and performance;\n- (g) any other areas of skill determined by the Ministerial Council.","sortOrder":332},{"sectionNumber":"sec.233","sectionType":"section","heading":"Terms of office of members","content":"### sec.233 Terms of office of members\n\nSubject to this Subdivision, members of the Board hold office on the terms and conditions determined by the Ministerial Council.\nSubject to this Subdivision, a member of the Board holds office for a period, being not more than 3 years, specified in the member’s appointment.\nA member may be reappointed for a further period of not more than 3 years.\nThe maximum consecutive period of appointment of a member is 2 terms.\n(sec.233-ssec.1) Subject to this Subdivision, members of the Board hold office on the terms and conditions determined by the Ministerial Council.\n(sec.233-ssec.2) Subject to this Subdivision, a member of the Board holds office for a period, being not more than 3 years, specified in the member’s appointment.\n(sec.233-ssec.3) A member may be reappointed for a further period of not more than 3 years.\n(sec.233-ssec.4) The maximum consecutive period of appointment of a member is 2 terms.","sortOrder":333},{"sectionNumber":"sec.234","sectionType":"section","heading":"Remuneration","content":"### sec.234 Remuneration\n\nThe remuneration and allowances (if any) to be paid to members of the Board are to be determined from time to time by the Ministerial Council.","sortOrder":334},{"sectionNumber":"sec.235","sectionType":"section","heading":"Vacancy in the office of member","content":"### sec.235 Vacancy in the office of member\n\nThe office of a member of the Board becomes vacant if the member—\ncompletes a term of office; or\nresigns the office by instrument addressed to the Chairperson of the Board; or\nis removed from office by the Ministerial Council under this section; or\nin the case of the Chairperson of the Board, is absent, without leave first being granted by the Chairperson of the Ministerial Council, from 3 or more consecutive meetings of the Board; or\nin the case of any other member, is absent, without leave first being granted by the Chairperson of the Board, from 3 or more consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post; or\ndies.\nThe Chairperson of the Ministerial Council may remove a member of the Board from office if—\nthe member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or\nthe member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\nthe Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed, or is unable, to properly carry out the member’s functions as a member.\nThe Chairperson of the Board may resign by written notice addressed to the Chairperson of the Ministerial Council.\nA resignation takes effect on the day that it is received by the Chairperson of the Board or the Chairperson of the Ministerial Council (as the case requires) or a later day specified in the notice of resignation.\nIf the office of a member of the Board becomes vacant, the Chairperson of the Board must notify the Chairperson of the Ministerial Council of the vacancy.\nIf the office of the Chairperson of the Board becomes vacant, the Deputy Chairperson of the Board must notify the Chairperson of the Ministerial Council of the vacancy.\n(sec.235-ssec.1) The office of a member of the Board becomes vacant if the member— completes a term of office; or resigns the office by instrument addressed to the Chairperson of the Board; or is removed from office by the Ministerial Council under this section; or in the case of the Chairperson of the Board, is absent, without leave first being granted by the Chairperson of the Ministerial Council, from 3 or more consecutive meetings of the Board; or in the case of any other member, is absent, without leave first being granted by the Chairperson of the Board, from 3 or more consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post; or dies.\n(sec.235-ssec.2) The Chairperson of the Ministerial Council may remove a member of the Board from office if— the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or the Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed, or is unable, to properly carry out the member’s functions as a member.\n(sec.235-ssec.3) The Chairperson of the Board may resign by written notice addressed to the Chairperson of the Ministerial Council.\n(sec.235-ssec.4) A resignation takes effect on the day that it is received by the Chairperson of the Board or the Chairperson of the Ministerial Council (as the case requires) or a later day specified in the notice of resignation.\n(sec.235-ssec.5) If the office of a member of the Board becomes vacant, the Chairperson of the Board must notify the Chairperson of the Ministerial Council of the vacancy.\n(sec.235-ssec.6) If the office of the Chairperson of the Board becomes vacant, the Deputy Chairperson of the Board must notify the Chairperson of the Ministerial Council of the vacancy.\n- (a) completes a term of office; or\n- (b) resigns the office by instrument addressed to the Chairperson of the Board; or\n- (c) is removed from office by the Ministerial Council under this section; or\n- (d) in the case of the Chairperson of the Board, is absent, without leave first being granted by the Chairperson of the Ministerial Council, from 3 or more consecutive meetings of the Board; or\n- (e) in the case of any other member, is absent, without leave first being granted by the Chairperson of the Board, from 3 or more consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post; or\n- (f) dies.\n- (a) the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or\n- (b) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\n- (c) the Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed, or is unable, to properly carry out the member’s functions as a member.","sortOrder":335},{"sectionNumber":"sec.236","sectionType":"section","heading":"Acting positions","content":"### sec.236 Acting positions\n\nThe Deputy Chairperson of the Board is to act as the Chairperson of the Board—\nduring a vacancy in the office of Chairperson; or\nduring any period that the Chairperson—\nis absent from duty; or\nis, for any reason, unable to carry out the duties of that office.\nWhile the Deputy Chairperson of the Board is acting in the office of Chairperson—\nhe or she has all the powers and functions of the Chairperson; and\nthis Law and other laws apply to the Deputy Chairperson as if he or she were Chairperson.\nAnything done by or in relation to the Deputy Chairperson when purporting to act in the office of Chairperson is not invalid merely because the occasion for the Deputy Chairperson to act had not arisen or had ceased.\nThe Ministerial Council may, by consensus, appoint a member of the Board to be the Deputy Chairperson of the Board—\nduring a vacancy in the office of Deputy Chairperson; or\nduring any period that the Deputy Chairperson—\nis acting as the Chairperson; or\nis absent from duty; or\nis, for any reason, unable to carry out the duties of that office.\nA person nominated by a Minister on the Ministerial Council may, with the approval of the Chairperson of the Board, act as a member of the Board in the place of the member appointed on the nomination of that Minister if that member is unable to attend a meeting of the Board.\n(sec.236-ssec.1) The Deputy Chairperson of the Board is to act as the Chairperson of the Board— during a vacancy in the office of Chairperson; or during any period that the Chairperson— is absent from duty; or is, for any reason, unable to carry out the duties of that office.\n(sec.236-ssec.2) While the Deputy Chairperson of the Board is acting in the office of Chairperson— he or she has all the powers and functions of the Chairperson; and this Law and other laws apply to the Deputy Chairperson as if he or she were Chairperson.\n(sec.236-ssec.3) Anything done by or in relation to the Deputy Chairperson when purporting to act in the office of Chairperson is not invalid merely because the occasion for the Deputy Chairperson to act had not arisen or had ceased.\n(sec.236-ssec.4) The Ministerial Council may, by consensus, appoint a member of the Board to be the Deputy Chairperson of the Board— during a vacancy in the office of Deputy Chairperson; or during any period that the Deputy Chairperson— is acting as the Chairperson; or is absent from duty; or is, for any reason, unable to carry out the duties of that office.\n(sec.236-ssec.5) A person nominated by a Minister on the Ministerial Council may, with the approval of the Chairperson of the Board, act as a member of the Board in the place of the member appointed on the nomination of that Minister if that member is unable to attend a meeting of the Board.\n- (a) during a vacancy in the office of Chairperson; or\n- (b) during any period that the Chairperson— (i) is absent from duty; or (ii) is, for any reason, unable to carry out the duties of that office.\n- (i) is absent from duty; or\n- (ii) is, for any reason, unable to carry out the duties of that office.\n- (i) is absent from duty; or\n- (ii) is, for any reason, unable to carry out the duties of that office.\n- (a) he or she has all the powers and functions of the Chairperson; and\n- (b) this Law and other laws apply to the Deputy Chairperson as if he or she were Chairperson.\n- (a) during a vacancy in the office of Deputy Chairperson; or\n- (b) during any period that the Deputy Chairperson— (i) is acting as the Chairperson; or (ii) is absent from duty; or (iii) is, for any reason, unable to carry out the duties of that office.\n- (i) is acting as the Chairperson; or\n- (ii) is absent from duty; or\n- (iii) is, for any reason, unable to carry out the duties of that office.\n- (i) is acting as the Chairperson; or\n- (ii) is absent from duty; or\n- (iii) is, for any reason, unable to carry out the duties of that office.","sortOrder":336},{"sectionNumber":"sec.237","sectionType":"section","heading":"Leave of absence","content":"### sec.237 Leave of absence\n\nThe Chairperson of the Ministerial Council may grant the Chairperson of the Board a leave of absence on the terms and conditions determined by the Chairperson of the Ministerial Council.\nThe Chairperson of the Board may grant leave of absence to any other member of the Board on the terms and conditions determined by the Chairperson of the Board.\nThe Chairperson of the Board must notify the Chairperson of the Ministerial Council if the Chairperson of the Board grants to a member a leave of absence of more than 6 months.\nIf a member of the Board has been granted a leave of absence of 3 months or more, the Ministerial Council may appoint a person nominated by the Minister who nominated the member to act as a member of the Board in the place of the member during that leave of absence.\n(sec.237-ssec.1) The Chairperson of the Ministerial Council may grant the Chairperson of the Board a leave of absence on the terms and conditions determined by the Chairperson of the Ministerial Council.\n(sec.237-ssec.2) The Chairperson of the Board may grant leave of absence to any other member of the Board on the terms and conditions determined by the Chairperson of the Board.\n(sec.237-ssec.3) The Chairperson of the Board must notify the Chairperson of the Ministerial Council if the Chairperson of the Board grants to a member a leave of absence of more than 6 months.\n(sec.237-ssec.4) If a member of the Board has been granted a leave of absence of 3 months or more, the Ministerial Council may appoint a person nominated by the Minister who nominated the member to act as a member of the Board in the place of the member during that leave of absence.","sortOrder":337},{"sectionNumber":"sec.238","sectionType":"section","heading":"Disclosure of conflict of interest","content":"### sec.238 Disclosure of conflict of interest\n\nIf—\na member of the Board has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Board; and\nthe interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter—\nthe member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.\nParticulars of any disclosure made under subsection (1) must be recorded by the Board.\nAfter a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Board otherwise determines—\nbe present during any deliberation of the Board with respect to the matter; or\ntake part in any decision of the Board with respect to the matter; or\nbe provided with any written material in relation to the matter.\nFor the purposes of the making of a determination by the Board under subsection (3) , a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—\nbe present during any deliberation of the Board for the purpose of making the determination; or\ntake part in the making of the determination by the Board.\nA contravention of this section does not invalidate any decision of the Board.\n(sec.238-ssec.1) If— a member of the Board has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Board; and the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter— the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.\n(sec.238-ssec.2) Particulars of any disclosure made under subsection (1) must be recorded by the Board.\n(sec.238-ssec.3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Board otherwise determines— be present during any deliberation of the Board with respect to the matter; or take part in any decision of the Board with respect to the matter; or be provided with any written material in relation to the matter.\n(sec.238-ssec.4) For the purposes of the making of a determination by the Board under subsection (3) , a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— be present during any deliberation of the Board for the purpose of making the determination; or take part in the making of the determination by the Board.\n(sec.238-ssec.5) A contravention of this section does not invalidate any decision of the Board.\n- (a) a member of the Board has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Board; and\n- (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter—\n- (a) be present during any deliberation of the Board with respect to the matter; or\n- (b) take part in any decision of the Board with respect to the matter; or\n- (c) be provided with any written material in relation to the matter.\n- (a) be present during any deliberation of the Board for the purpose of making the determination; or\n- (b) take part in the making of the determination by the Board.","sortOrder":338},{"sectionNumber":"sec.239","sectionType":"section","heading":"General procedure","content":"### sec.239 General procedure\n\nThe Board must hold such meetings as are necessary for it to perform its functions.\nSubject to this Law, the procedure for the calling of meetings of the Board and for the conduct of business at those meetings is to be as determined by the Board.\nThe Chairperson of the Board may convene any meetings of the Board that are, in his or her opinion, necessary for the efficient performance of the functions of the Board.\nThe Chairperson of the Board must convene a meeting of the Board at the written request of the Ministerial Council.\nThe Board must keep minutes of its meetings.\n(sec.239-ssec.1) The Board must hold such meetings as are necessary for it to perform its functions.\n(sec.239-ssec.2) Subject to this Law, the procedure for the calling of meetings of the Board and for the conduct of business at those meetings is to be as determined by the Board.\n(sec.239-ssec.3) The Chairperson of the Board may convene any meetings of the Board that are, in his or her opinion, necessary for the efficient performance of the functions of the Board.\n(sec.239-ssec.4) The Chairperson of the Board must convene a meeting of the Board at the written request of the Ministerial Council.\n(sec.239-ssec.5) The Board must keep minutes of its meetings.","sortOrder":339},{"sectionNumber":"sec.240","sectionType":"section","heading":"Quorum","content":"### sec.240 Quorum\n\nThe quorum for a meeting of the Board is 9 members of whom—\none must be the Chairperson or Deputy Chairperson; and\nfive must be members appointed on the nomination of State and Territory Ministers; and\none may be a member appointed on the nomination of the Commonwealth Minister.\n- (a) one must be the Chairperson or Deputy Chairperson; and\n- (b) five must be members appointed on the nomination of State and Territory Ministers; and\n- (c) one may be a member appointed on the nomination of the Commonwealth Minister.","sortOrder":340},{"sectionNumber":"sec.241","sectionType":"section","heading":"Chief executive officer may attend meetings of the Board","content":"### sec.241 Chief executive officer may attend meetings of the Board\n\nThe chief executive officer of the National Authority, subject to the policies and procedures of the Board, may attend meetings of the Board and participate in its deliberations but—\nis not a member of the Board; and\nis not entitled to vote at a meeting of the Board.\nSection 238 applies to the chief executive officer in relation to attendance at meetings of the Board as if the chief executive officer were a member of the Board.\n(sec.241-ssec.1) The chief executive officer of the National Authority, subject to the policies and procedures of the Board, may attend meetings of the Board and participate in its deliberations but— is not a member of the Board; and is not entitled to vote at a meeting of the Board.\n(sec.241-ssec.2) Section 238 applies to the chief executive officer in relation to attendance at meetings of the Board as if the chief executive officer were a member of the Board.\n- (a) is not a member of the Board; and\n- (b) is not entitled to vote at a meeting of the Board.","sortOrder":341},{"sectionNumber":"sec.242","sectionType":"section","heading":"Presiding member","content":"### sec.242 Presiding member\n\nThe Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson) is to preside at a meeting of the Board.","sortOrder":342},{"sectionNumber":"sec.243","sectionType":"section","heading":"Voting","content":"### sec.243 Voting\n\nAt a meeting of the Board each member will have a deliberative vote.\nA decision supported by a majority of the votes cast at the meeting of the Board at which a quorum is present is the decision of the Board.\nIn the event of an equality of votes the Chairperson (or the Deputy Chairperson if the Chairperson is not present), will have a second or casting vote.\nThe Board must keep a record of all decisions made at a meeting.\nIf a decision of the Board to recommend a matter to the Ministerial Council is not arrived at unanimously, the Chairperson of the Board must advise the Ministerial Council of the reasons for and extent of the minority opinions.\n(sec.243-ssec.1) At a meeting of the Board each member will have a deliberative vote.\n(sec.243-ssec.2) A decision supported by a majority of the votes cast at the meeting of the Board at which a quorum is present is the decision of the Board.\n(sec.243-ssec.3) In the event of an equality of votes the Chairperson (or the Deputy Chairperson if the Chairperson is not present), will have a second or casting vote.\n(sec.243-ssec.4) The Board must keep a record of all decisions made at a meeting.\n(sec.243-ssec.5) If a decision of the Board to recommend a matter to the Ministerial Council is not arrived at unanimously, the Chairperson of the Board must advise the Ministerial Council of the reasons for and extent of the minority opinions.","sortOrder":343},{"sectionNumber":"sec.244","sectionType":"section","heading":"Defects in appointment of members","content":"### sec.244 Defects in appointment of members\n\nA decision of the Board is not invalidated by any defect or irregularity in the appointment of any member (or acting member) of the Board.","sortOrder":344},{"sectionNumber":"sec.245","sectionType":"section","heading":"Transaction of business by alternative means","content":"### sec.245 Transaction of business by alternative means\n\nThe Board may, if it thinks fit, transact any of its business by the provision of papers to all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of the members constituting a quorum of the Board is taken to be a decision of the Board.\nThe Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\nFor the purposes of—\nthe approval of a resolution under subsection (1) ; or\na meeting held in accordance with subsection (2) —\nthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Board.\nPapers may be circulated among the members for the purposes of subsection (1) by facsimile, email or other transmission of the information in the papers concerned.\n(sec.245-ssec.1) The Board may, if it thinks fit, transact any of its business by the provision of papers to all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of the members constituting a quorum of the Board is taken to be a decision of the Board.\n(sec.245-ssec.2) The Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n(sec.245-ssec.3) For the purposes of— the approval of a resolution under subsection (1) ; or a meeting held in accordance with subsection (2) — the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Board.\n(sec.245-ssec.4) Papers may be circulated among the members for the purposes of subsection (1) by facsimile, email or other transmission of the information in the papers concerned.\n- (a) the approval of a resolution under subsection (1) ; or\n- (b) a meeting held in accordance with subsection (2) —","sortOrder":345},{"sectionNumber":"sec.246","sectionType":"section","heading":"Delegation by Board","content":"### sec.246 Delegation by Board\n\nThe Board may, in writing, delegate any of its functions, powers or duties to—\na Regulatory Authority; or\nthe chief executive of an entity or the head of a government department of a participating jurisdiction nominated by the member of the Ministerial Council who represents that jurisdiction; or\nthe chief executive officer of the National Authority; or\na committee established by the Board; or\nany other entity with the approval of the Ministerial Council.\nSubject to the delegation under subsection (1) , a chief executive of an entity or head of a government department may subdelegate a delegated function, power or duty to a member of staff of the entity or department.\nThe chief executive officer of the National Authority may subdelegate a delegated power, function or duty to a member of the staff of the National Authority.\n(sec.246-ssec.1) The Board may, in writing, delegate any of its functions, powers or duties to— a Regulatory Authority; or the chief executive of an entity or the head of a government department of a participating jurisdiction nominated by the member of the Ministerial Council who represents that jurisdiction; or the chief executive officer of the National Authority; or a committee established by the Board; or any other entity with the approval of the Ministerial Council.\n(sec.246-ssec.2) Subject to the delegation under subsection (1) , a chief executive of an entity or head of a government department may subdelegate a delegated function, power or duty to a member of staff of the entity or department.\n(sec.246-ssec.3) The chief executive officer of the National Authority may subdelegate a delegated power, function or duty to a member of the staff of the National Authority.\n- (a) a Regulatory Authority; or\n- (b) the chief executive of an entity or the head of a government department of a participating jurisdiction nominated by the member of the Ministerial Council who represents that jurisdiction; or\n- (c) the chief executive officer of the National Authority; or\n- (d) a committee established by the Board; or\n- (e) any other entity with the approval of the Ministerial Council.","sortOrder":346},{"sectionNumber":"sec.247","sectionType":"section","heading":"Committees","content":"### sec.247 Committees\n\nThe Board may establish committees to assist it in carrying out its functions.\nThe Board must determine—\nthe membership and functions of a committee; and\nthe procedure at or in relation to meetings of the committee including—\nthe convening of meetings; and\nthe quorum for meetings; and\nthe selection of a committee member to be the chairperson of the committee; and\nthe manner in which questions arising at meetings of the committee are to be decided; and\nthe procedures for reporting to the Board.\nA committee must give the Board any reports, documents and information relating to the committee’s functions and activities that the Board requests.\nThe Board must report to the Ministerial Council on any committees it establishes.\ns 247 amd 2011 No. 80 (Vic) s 73\n(sec.247-ssec.1) The Board may establish committees to assist it in carrying out its functions.\n(sec.247-ssec.2) The Board must determine— the membership and functions of a committee; and the procedure at or in relation to meetings of the committee including— the convening of meetings; and the quorum for meetings; and the selection of a committee member to be the chairperson of the committee; and the manner in which questions arising at meetings of the committee are to be decided; and the procedures for reporting to the Board.\n(sec.247-ssec.3) A committee must give the Board any reports, documents and information relating to the committee’s functions and activities that the Board requests.\n(sec.247-ssec.4) The Board must report to the Ministerial Council on any committees it establishes.\n- (a) the membership and functions of a committee; and\n- (b) the procedure at or in relation to meetings of the committee including— (i) the convening of meetings; and (ii) the quorum for meetings; and (iii) the selection of a committee member to be the chairperson of the committee; and (iv) the manner in which questions arising at meetings of the committee are to be decided; and\n- (i) the convening of meetings; and\n- (ii) the quorum for meetings; and\n- (iii) the selection of a committee member to be the chairperson of the committee; and\n- (iv) the manner in which questions arising at meetings of the committee are to be decided; and\n- (c) the procedures for reporting to the Board.\n- (i) the convening of meetings; and\n- (ii) the quorum for meetings; and\n- (iii) the selection of a committee member to be the chairperson of the committee; and\n- (iv) the manner in which questions arising at meetings of the committee are to be decided; and","sortOrder":347},{"sectionNumber":"sec.248","sectionType":"section","heading":"Chief executive officer","content":"### sec.248 Chief executive officer\n\nSubject to this section, the Chairperson of the Board is to appoint a person as chief executive officer of the National Authority.\nThe appointment may only be made after the Ministerial Council has first endorsed the appointment on the recommendation of the Board.\n(sec.248-ssec.1) Subject to this section, the Chairperson of the Board is to appoint a person as chief executive officer of the National Authority.\n(sec.248-ssec.2) The appointment may only be made after the Ministerial Council has first endorsed the appointment on the recommendation of the Board.","sortOrder":348},{"sectionNumber":"sec.249","sectionType":"section","heading":"Functions of chief executive officer","content":"### sec.249 Functions of chief executive officer\n\nThe chief executive officer is responsible for the day-to-day management of the affairs of the National Authority.\nThe chief executive officer has any other functions given to him or her or delegated to him or her under this Law.\nSubject to this Law, the chief executive officer must comply with the directions and policies of the Board in carrying out his or her functions.\nThe chief executive officer is to report to the Board.\nThe chief executive officer must manage the affairs of the National Authority in a way that—\npromotes the effective use of the resources of the National Authority; and\nis consistent with this Law.\nThe chief executive officer must work collaboratively with the Regulatory Authorities and the relevant Commonwealth Department to support and promote the National Quality Framework.\ns 249 amd 2017 No. 9 (Vic) s 60\n(sec.249-ssec.1) The chief executive officer is responsible for the day-to-day management of the affairs of the National Authority.\n(sec.249-ssec.2) The chief executive officer has any other functions given to him or her or delegated to him or her under this Law.\n(sec.249-ssec.3) Subject to this Law, the chief executive officer must comply with the directions and policies of the Board in carrying out his or her functions.\n(sec.249-ssec.4) The chief executive officer is to report to the Board.\n(sec.249-ssec.5) The chief executive officer must manage the affairs of the National Authority in a way that— promotes the effective use of the resources of the National Authority; and is consistent with this Law.\n(sec.249-ssec.6) The chief executive officer must work collaboratively with the Regulatory Authorities and the relevant Commonwealth Department to support and promote the National Quality Framework. s 249 amd 2017 No. 9 (Vic) s 60\n- (a) promotes the effective use of the resources of the National Authority; and\n- (b) is consistent with this Law.","sortOrder":349},{"sectionNumber":"sec.250","sectionType":"section","heading":"Terms and conditions of appointment","content":"### sec.250 Terms and conditions of appointment\n\nThe chief executive officer of the National Authority is to be appointed for a period, not more than 3 years, specified in the officer’s appointment, but is eligible for reappointment.\nA member of the Board cannot be appointed as chief executive officer.\nSubject to this Law, the chief executive officer holds office subject to any terms and conditions that are decided by the Board.\nThe chief executive officer must not engage in paid employment outside the duties of his or her office without the approval of the Chairperson of the Board.\nThe Chairperson of the Board must notify the Chairperson of the Ministerial Council of any approval given under subsection (4) .\nThe chief executive officer of the National Authority is taken, while holding that office, to be a member of the staff of the National Authority.\n(sec.250-ssec.1) The chief executive officer of the National Authority is to be appointed for a period, not more than 3 years, specified in the officer’s appointment, but is eligible for reappointment.\n(sec.250-ssec.2) A member of the Board cannot be appointed as chief executive officer.\n(sec.250-ssec.3) Subject to this Law, the chief executive officer holds office subject to any terms and conditions that are decided by the Board.\n(sec.250-ssec.4) The chief executive officer must not engage in paid employment outside the duties of his or her office without the approval of the Chairperson of the Board.\n(sec.250-ssec.5) The Chairperson of the Board must notify the Chairperson of the Ministerial Council of any approval given under subsection (4) .\n(sec.250-ssec.6) The chief executive officer of the National Authority is taken, while holding that office, to be a member of the staff of the National Authority.","sortOrder":350},{"sectionNumber":"sec.251","sectionType":"section","heading":"Remuneration","content":"### sec.251 Remuneration\n\nThe chief executive officer is to be paid the remuneration and allowances decided by the Board.","sortOrder":351},{"sectionNumber":"sec.252","sectionType":"section","heading":"Vacancy in office","content":"### sec.252 Vacancy in office\n\nThe office of the chief executive officer of the National Authority becomes vacant if—\nthe chief executive officer resigns from office by written notice addressed to the Chairperson of the Board; or\nthe appointment of the chief executive officer is terminated by the Board under this Law; or\nthe chief executive officer dies.\n- (a) the chief executive officer resigns from office by written notice addressed to the Chairperson of the Board; or\n- (b) the appointment of the chief executive officer is terminated by the Board under this Law; or\n- (c) the chief executive officer dies.","sortOrder":352},{"sectionNumber":"sec.253","sectionType":"section","heading":"Resignation","content":"### sec.253 Resignation\n\nThe chief executive officer may resign the office by written notice addressed to the Chairperson of the Board.\nThe resignation takes effect on the day that it is received by the Chairperson of the Board or a later day specified in the notice of resignation.\nThe Chairperson of the Board must notify the Ministerial Council of that resignation.\n(sec.253-ssec.1) The chief executive officer may resign the office by written notice addressed to the Chairperson of the Board.\n(sec.253-ssec.2) The resignation takes effect on the day that it is received by the Chairperson of the Board or a later day specified in the notice of resignation.\n(sec.253-ssec.3) The Chairperson of the Board must notify the Ministerial Council of that resignation.","sortOrder":353},{"sectionNumber":"sec.254","sectionType":"section","heading":"Termination of appointment","content":"### sec.254 Termination of appointment\n\nThe Board may terminate the appointment of the chief executive officer—\nfor misconduct or for physical or mental incapacity that significantly impacts on the ability of the chief executive officer to perform the role; or\nif the Board is satisfied that the performance of the chief executive officer has been unsatisfactory; or\nif the chief executive officer engages in paid employment outside the duties of his or her office without the approval of the Chairperson of the Board; or\nif the chief executive officer has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Board, makes the chief executive officer unfit to continue to be appointed.\nThe Board must terminate the appointment of the chief executive officer if the chief executive officer—\nbecomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the chief executive officer’s creditors or makes an assignment of the chief executive officer’s remuneration for their benefit; or\nis absent, except on a leave of absence approved by the Chairperson of the Board, for 14 consecutive days or for 28 days in any period of 12 months; or\nfails, without reasonable excuse, to comply with section 256 .\nThe Chairperson of the Board must notify the Chairperson of the Ministerial Council of the termination of the appointment of the chief executive officer.\ns 254 amd 2011 No. 80 (Vic) s 74\n(sec.254-ssec.1) The Board may terminate the appointment of the chief executive officer— for misconduct or for physical or mental incapacity that significantly impacts on the ability of the chief executive officer to perform the role; or if the Board is satisfied that the performance of the chief executive officer has been unsatisfactory; or if the chief executive officer engages in paid employment outside the duties of his or her office without the approval of the Chairperson of the Board; or if the chief executive officer has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Board, makes the chief executive officer unfit to continue to be appointed.\n(sec.254-ssec.2) The Board must terminate the appointment of the chief executive officer if the chief executive officer— becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the chief executive officer’s creditors or makes an assignment of the chief executive officer’s remuneration for their benefit; or is absent, except on a leave of absence approved by the Chairperson of the Board, for 14 consecutive days or for 28 days in any period of 12 months; or fails, without reasonable excuse, to comply with section 256 .\n(sec.254-ssec.3) The Chairperson of the Board must notify the Chairperson of the Ministerial Council of the termination of the appointment of the chief executive officer.\n- (a) for misconduct or for physical or mental incapacity that significantly impacts on the ability of the chief executive officer to perform the role; or\n- (b) if the Board is satisfied that the performance of the chief executive officer has been unsatisfactory; or\n- (c) if the chief executive officer engages in paid employment outside the duties of his or her office without the approval of the Chairperson of the Board; or\n- (d) if the chief executive officer has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Board, makes the chief executive officer unfit to continue to be appointed.\n- (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the chief executive officer’s creditors or makes an assignment of the chief executive officer’s remuneration for their benefit; or\n- (b) is absent, except on a leave of absence approved by the Chairperson of the Board, for 14 consecutive days or for 28 days in any period of 12 months; or\n- (c) fails, without reasonable excuse, to comply with section 256 .","sortOrder":354},{"sectionNumber":"sec.255","sectionType":"section","heading":"Acting chief executive officer","content":"### sec.255 Acting chief executive officer\n\nThe Board may appoint a person to act as the chief executive officer—\nduring any vacancy in the office of chief executive officer; or\nduring any period that the chief executive officer—\nis absent from duty; or\nis, for any reason, unable to perform the duties of that office.\nThe period of the acting appointment must not exceed 6 months.\n(sec.255-ssec.1) The Board may appoint a person to act as the chief executive officer— during any vacancy in the office of chief executive officer; or during any period that the chief executive officer— is absent from duty; or is, for any reason, unable to perform the duties of that office.\n(sec.255-ssec.2) The period of the acting appointment must not exceed 6 months.\n- (a) during any vacancy in the office of chief executive officer; or\n- (b) during any period that the chief executive officer— (i) is absent from duty; or (ii) is, for any reason, unable to perform the duties of that office.\n- (i) is absent from duty; or\n- (ii) is, for any reason, unable to perform the duties of that office.\n- (i) is absent from duty; or\n- (ii) is, for any reason, unable to perform the duties of that office.","sortOrder":355},{"sectionNumber":"sec.256","sectionType":"section","heading":"Disclosure of interests","content":"### sec.256 Disclosure of interests\n\nThe chief executive officer must give written notice to the Chairperson of the Board as soon as possible of any direct or indirect personal or pecuniary interest that the chief executive officer has, or acquires, or may acquire, that conflicts or could conflict with the proper carrying out of the chief executive officer’s functions.","sortOrder":356},{"sectionNumber":"sec.257","sectionType":"section","heading":"Staff of National Authority","content":"### sec.257 Staff of National Authority\n\nThe National Authority may, for the purpose of carrying out its functions, employ staff.\nThe staff of the National Authority are to be employed on the terms and conditions determined by the National Authority from time to time.\nSubsection (2) is subject to any relevant industrial award or agreement that applies to the staff.\n(sec.257-ssec.1) The National Authority may, for the purpose of carrying out its functions, employ staff.\n(sec.257-ssec.2) The staff of the National Authority are to be employed on the terms and conditions determined by the National Authority from time to time.\n(sec.257-ssec.3) Subsection (2) is subject to any relevant industrial award or agreement that applies to the staff.","sortOrder":357},{"sectionNumber":"sec.258","sectionType":"section","heading":"Staff seconded to National Authority","content":"### sec.258 Staff seconded to National Authority\n\nThe National Authority may, in consultation with the relevant Regulatory Authority or the relevant Commonwealth Department, make arrangements for the secondment of staff.","sortOrder":358},{"sectionNumber":"sec.259","sectionType":"section","heading":"Consultants and contractors","content":"### sec.259 Consultants and contractors\n\nThe National Authority may engage persons with suitable qualifications and experience as consultants or contractors.\nThe terms and conditions of engagement of consultants or contractors are as decided by the National Authority from time to time.\n(sec.259-ssec.1) The National Authority may engage persons with suitable qualifications and experience as consultants or contractors.\n(sec.259-ssec.2) The terms and conditions of engagement of consultants or contractors are as decided by the National Authority from time to time.","sortOrder":359},{"sectionNumber":"pt.12","sectionType":"part","heading":"Regulatory Authority","content":"# Regulatory Authority","sortOrder":360},{"sectionNumber":"sec.260","sectionType":"section","heading":"Functions of Regulatory Authority","content":"### sec.260 Functions of Regulatory Authority\n\nThe Regulatory Authority has the following functions under this Law in relation to this jurisdiction—\nto administer the National Quality Framework;\nto assess approved education and care services against the National Quality Standard and the national regulations and determine the ratings of those services;\nto monitor and enforce compliance with this Law;\nto receive and investigate complaints arising under this Law;\nin conjunction with the National Authority and the relevant Commonwealth Department, to educate and inform education and care services and the community in relation to the National Quality Framework;\nto work in collaboration with the National Authority to support and promote continuous quality improvements in education and care services;\nto undertake information collection, review and reporting for the purposes of—\nthe regulation of education and care services; and\nreporting on the administration of the National Quality Framework; and\nthe sharing of information under this Law;\nany other functions conferred on the Regulatory Authority under this Law.\n- (a) to administer the National Quality Framework;\n- (b) to assess approved education and care services against the National Quality Standard and the national regulations and determine the ratings of those services;\n- (c) to monitor and enforce compliance with this Law;\n- (d) to receive and investigate complaints arising under this Law;\n- (e) in conjunction with the National Authority and the relevant Commonwealth Department, to educate and inform education and care services and the community in relation to the National Quality Framework;\n- (f) to work in collaboration with the National Authority to support and promote continuous quality improvements in education and care services;\n- (g) to undertake information collection, review and reporting for the purposes of— (i) the regulation of education and care services; and (ii) reporting on the administration of the National Quality Framework; and (iii) the sharing of information under this Law;\n- (i) the regulation of education and care services; and\n- (ii) reporting on the administration of the National Quality Framework; and\n- (iii) the sharing of information under this Law;\n- (h) any other functions conferred on the Regulatory Authority under this Law.\n- (i) the regulation of education and care services; and\n- (ii) reporting on the administration of the National Quality Framework; and\n- (iii) the sharing of information under this Law;","sortOrder":361},{"sectionNumber":"sec.261","sectionType":"section","heading":"Powers of Regulatory Authority","content":"### sec.261 Powers of Regulatory Authority\n\nThe Regulatory Authority has the power to do all things that are necessary or convenient to be done for, or in connection with, or that are incidental to the carrying out of its functions under this Law.\nWithout limiting subsection (1) , the Regulatory Authority has the following powers under this Law in relation to this jurisdiction—\nto collect, hold and use information obtained under this Law by the Regulatory Authority or the National Authority about the provision of education and care to children including information about outcomes for children and information about providers of education and care services in each participating jurisdiction;\nsubject to the Privacy Act 1988 of the Commonwealth, to collect, hold and use information about providers of education and care services, nominated supervisors, staff members and volunteers;\nto maintain and publish registers of approved providers and approved education and care services;\nto publish information about the National Quality Framework, including ratings and prescribed information about compliance with this Law;\nto collect, waive, reduce, defer and refund fees (including late payment fees) and enter into agreements in relation to fees;\nto enter into agreements relating to fees and funding with the National Authority;\nto exercise any other powers conferred on it by this Law.\ns 261 amd 2017 No. 9 (Vic) s 53 (4) ; 2025 No. 53 (Vic) s 105\n(sec.261-ssec.1) The Regulatory Authority has the power to do all things that are necessary or convenient to be done for, or in connection with, or that are incidental to the carrying out of its functions under this Law.\n(sec.261-ssec.2) Without limiting subsection (1) , the Regulatory Authority has the following powers under this Law in relation to this jurisdiction— to collect, hold and use information obtained under this Law by the Regulatory Authority or the National Authority about the provision of education and care to children including information about outcomes for children and information about providers of education and care services in each participating jurisdiction; subject to the Privacy Act 1988 of the Commonwealth, to collect, hold and use information about providers of education and care services, nominated supervisors, staff members and volunteers; to maintain and publish registers of approved providers and approved education and care services; to publish information about the National Quality Framework, including ratings and prescribed information about compliance with this Law; to collect, waive, reduce, defer and refund fees (including late payment fees) and enter into agreements in relation to fees; to enter into agreements relating to fees and funding with the National Authority; to exercise any other powers conferred on it by this Law.\n- (a) to collect, hold and use information obtained under this Law by the Regulatory Authority or the National Authority about the provision of education and care to children including information about outcomes for children and information about providers of education and care services in each participating jurisdiction;\n- (b) subject to the Privacy Act 1988 of the Commonwealth, to collect, hold and use information about providers of education and care services, nominated supervisors, staff members and volunteers;\n- (c) to maintain and publish registers of approved providers and approved education and care services;\n- (d) to publish information about the National Quality Framework, including ratings and prescribed information about compliance with this Law;\n- (e) to collect, waive, reduce, defer and refund fees (including late payment fees) and enter into agreements in relation to fees;\n- (f) to enter into agreements relating to fees and funding with the National Authority;\n- (g) to exercise any other powers conferred on it by this Law.","sortOrder":362},{"sectionNumber":"sec.262","sectionType":"section","heading":"Delegations","content":"### sec.262 Delegations\n\nThe Regulatory Authority may in writing delegate any of its functions and powers under this Law (other than this power of delegation) to—\nany person employed under a public sector law of this jurisdiction; or\na prescribed person or a person in a prescribed class of persons.\nA delegate of the Regulatory Authority must disclose to the Regulatory Authority, at the request of the Authority, any direct or indirect personal or pecuniary interest the delegate may have in relation to the delegated functions and powers.\n(sec.262-ssec.1) The Regulatory Authority may in writing delegate any of its functions and powers under this Law (other than this power of delegation) to— any person employed under a public sector law of this jurisdiction; or a prescribed person or a person in a prescribed class of persons.\n(sec.262-ssec.2) A delegate of the Regulatory Authority must disclose to the Regulatory Authority, at the request of the Authority, any direct or indirect personal or pecuniary interest the delegate may have in relation to the delegated functions and powers.\n- (a) any person employed under a public sector law of this jurisdiction; or\n- (b) a prescribed person or a person in a prescribed class of persons.","sortOrder":363},{"sectionNumber":"pt.13","sectionType":"part","heading":"Information, records and privacy","content":"# Information, records and privacy","sortOrder":364},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Privacy","content":"## Privacy","sortOrder":365},{"sectionNumber":"sec.263","sectionType":"section","heading":"Application of Commonwealth Privacy Act","content":"### sec.263 Application of Commonwealth Privacy Act\n\nThe Privacy Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework.\nFor the purposes of subsection (1) , the Privacy Act applies—\nas if a reference to the Office of the Privacy Commissioner were a reference to the Office of the National Education and Care Services Privacy Commissioner; and\nas if a reference to the Privacy Commissioner were a reference to the National Education and Care Services Privacy Commissioner; and\nwith any other modifications made by the national regulations.\nWithout limiting subsection (2) (c) , the national regulations may—\nprovide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the national regulations were omitted; or\nprovide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or\nconfer jurisdiction on a tribunal or court of a participating jurisdiction.\nIn this section—\nPrivacy Act means the Privacy Act 1988 of the Commonwealth, as in force from time to time.\n(sec.263-ssec.1) The Privacy Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework.\n(sec.263-ssec.2) For the purposes of subsection (1) , the Privacy Act applies— as if a reference to the Office of the Privacy Commissioner were a reference to the Office of the National Education and Care Services Privacy Commissioner; and as if a reference to the Privacy Commissioner were a reference to the National Education and Care Services Privacy Commissioner; and with any other modifications made by the national regulations.\n(sec.263-ssec.3) Without limiting subsection (2) (c) , the national regulations may— provide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the national regulations were omitted; or provide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction.\n(sec.263-ssec.4) In this section— Privacy Act means the Privacy Act 1988 of the Commonwealth, as in force from time to time.\n- (a) as if a reference to the Office of the Privacy Commissioner were a reference to the Office of the National Education and Care Services Privacy Commissioner; and\n- (b) as if a reference to the Privacy Commissioner were a reference to the National Education and Care Services Privacy Commissioner; and\n- (c) with any other modifications made by the national regulations.\n- (a) provide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the national regulations were omitted; or\n- (b) provide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or\n- (c) confer jurisdiction on a tribunal or court of a participating jurisdiction.","sortOrder":366},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Application of Commonwealth FOI Act","content":"## Application of Commonwealth FOI Act","sortOrder":367},{"sectionNumber":"sec.264","sectionType":"section","heading":"Application of Commonwealth FOI Act","content":"### sec.264 Application of Commonwealth FOI Act\n\nThe FOI Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework.\nFor the purposes of subsection (1) , the FOI Act applies—\nas if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Education and Care Services Freedom of Information Commissioner; and\nas if a reference to the Information Commissioner were a reference to the National Education and Care Services Freedom of Information Commissioner; and\nwith any other modifications made by the national regulations.\nWithout limiting subsection (2) , the national regulations may—\nprovide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the national regulations were omitted; or\nprovide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or\nconfer jurisdiction on a tribunal or court of a participating jurisdiction.\nIn this section—\nFOI Act means the Freedom of Information Act 1982 of the Commonwealth, as in force from time to time.\ns 264 amd 2017 No. 20 (Vic) s 134 sch 1 ; 2022 No. 13 (Vic) s 12\n(sec.264-ssec.1) The FOI Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework.\n(sec.264-ssec.2) For the purposes of subsection (1) , the FOI Act applies— as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Education and Care Services Freedom of Information Commissioner; and as if a reference to the Information Commissioner were a reference to the National Education and Care Services Freedom of Information Commissioner; and with any other modifications made by the national regulations.\n(sec.264-ssec.3) Without limiting subsection (2) , the national regulations may— provide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the national regulations were omitted; or provide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction.\n(sec.264-ssec.4) In this section— FOI Act means the Freedom of Information Act 1982 of the Commonwealth, as in force from time to time.\n- (a) as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Education and Care Services Freedom of Information Commissioner; and\n- (b) as if a reference to the Information Commissioner were a reference to the National Education and Care Services Freedom of Information Commissioner; and\n- (c) with any other modifications made by the national regulations.\n- (a) provide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the national regulations were omitted; or\n- (b) provide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or\n- (c) confer jurisdiction on a tribunal or court of a participating jurisdiction.","sortOrder":368},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Application of New South Wales State Records Act","content":"## Application of New South Wales State Records Act","sortOrder":369},{"sectionNumber":"sec.265","sectionType":"section","heading":"Application of State Records Act","content":"### sec.265 Application of State Records Act\n\nThe State Records Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework except to the extent that this Law applies to a Regulatory Authority and the records of a Regulatory Authority.\nThe national regulations may modify the State Records Act for the purposes of this Law.\nWithout limiting subsection (2) , the national regulations may—\nprovide that the State Records Act applies under subsection (1) as if a provision of the State Records Act specified in the national regulations were omitted; or\nprovide that the State Records Act applies under subsection (1) as if an amendment to the State Records Act made by a law of New South Wales, and specified in the national regulations, had not taken effect; or\nconfer jurisdiction on a tribunal or court of a participating jurisdiction.\nIn this section—\nState Records Act means the State Records Act 1998 of New South Wales, as in force from time to time.\n(sec.265-ssec.1) The State Records Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework except to the extent that this Law applies to a Regulatory Authority and the records of a Regulatory Authority.\n(sec.265-ssec.2) The national regulations may modify the State Records Act for the purposes of this Law.\n(sec.265-ssec.3) Without limiting subsection (2) , the national regulations may— provide that the State Records Act applies under subsection (1) as if a provision of the State Records Act specified in the national regulations were omitted; or provide that the State Records Act applies under subsection (1) as if an amendment to the State Records Act made by a law of New South Wales, and specified in the national regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction.\n(sec.265-ssec.4) In this section— State Records Act means the State Records Act 1998 of New South Wales, as in force from time to time.\n- (a) provide that the State Records Act applies under subsection (1) as if a provision of the State Records Act specified in the national regulations were omitted; or\n- (b) provide that the State Records Act applies under subsection (1) as if an amendment to the State Records Act made by a law of New South Wales, and specified in the national regulations, had not taken effect; or\n- (c) confer jurisdiction on a tribunal or court of a participating jurisdiction.","sortOrder":370},{"sectionNumber":"pt.13-div.4","sectionType":"division","heading":"Registers","content":"## Registers","sortOrder":371},{"sectionNumber":"sec.266","sectionType":"section","heading":"Register of approved providers","content":"### sec.266 Register of approved providers\n\nThe National Authority must keep a register of approved providers.\nThe register must contain—\nthe name of each approved provider; and\nthe name of each related provider of each approved provider; and\nany other prescribed information.\nThe register of approved providers may be inspected at the office of the National Authority during normal office hours without charge.\nA person may obtain a copy of, or extract from, the register of approved providers on payment of the prescribed fee.\ns 266 amd 2025 No. 53 (Vic) s 106\n(sec.266-ssec.1) The National Authority must keep a register of approved providers.\n(sec.266-ssec.2) The register must contain— the name of each approved provider; and the name of each related provider of each approved provider; and any other prescribed information.\n(sec.266-ssec.3) The register of approved providers may be inspected at the office of the National Authority during normal office hours without charge.\n(sec.266-ssec.4) A person may obtain a copy of, or extract from, the register of approved providers on payment of the prescribed fee.\n- (a) the name of each approved provider; and\n- (ab) the name of each related provider of each approved provider; and\n- (b) any other prescribed information.","sortOrder":372},{"sectionNumber":"sec.267","sectionType":"section","heading":"Register of education and care services","content":"### sec.267 Register of education and care services\n\nThe Regulatory Authority must keep a register of approved education and care services operating in the participating jurisdiction.\nThe register of approved education and care services must contain the following information—\nthe name of each service;\nthe name of the approved provider of each service;\nexcept in the case of a family day care service, the address of each education and care service premises;\nin the case of an approved family day care service, the address of the principal office of the service;\nthe rating levels for each service;\nany other prescribed information.\nThe register of approved education and care services may be inspected at the office of the Regulatory Authority during normal office hours without charge.\nA person may obtain a copy of, or extract from, the register of approved education and care services on payment of the prescribed fee.\nThe Regulatory Authority must provide a copy of the register of approved education and care services (as updated from time to time) to the National Authority and the relevant Commonwealth Department.\n(sec.267-ssec.1) The Regulatory Authority must keep a register of approved education and care services operating in the participating jurisdiction.\n(sec.267-ssec.2) The register of approved education and care services must contain the following information— the name of each service; the name of the approved provider of each service; except in the case of a family day care service, the address of each education and care service premises; in the case of an approved family day care service, the address of the principal office of the service; the rating levels for each service; any other prescribed information.\n(sec.267-ssec.3) The register of approved education and care services may be inspected at the office of the Regulatory Authority during normal office hours without charge.\n(sec.267-ssec.4) A person may obtain a copy of, or extract from, the register of approved education and care services on payment of the prescribed fee.\n(sec.267-ssec.5) The Regulatory Authority must provide a copy of the register of approved education and care services (as updated from time to time) to the National Authority and the relevant Commonwealth Department.\n- (a) the name of each service;\n- (b) the name of the approved provider of each service;\n- (c) except in the case of a family day care service, the address of each education and care service premises;\n- (d) in the case of an approved family day care service, the address of the principal office of the service;\n- (e) the rating levels for each service;\n- (f) any other prescribed information.","sortOrder":373},{"sectionNumber":"sec.268","sectionType":"section","heading":null,"content":"### Section sec.268\n\ns 268 amd 2011 No. 80 (Vic) s 75\nom 2017 No. 9 (Vic) s 61","sortOrder":374},{"sectionNumber":"sec.269","sectionType":"section","heading":"Register of family day care educators, co-ordinators and assistants","content":"### sec.269 Register of family day care educators, co-ordinators and assistants\n\nThe approved provider of a family day care service must keep a register at the principal office of the service that contains the prescribed information in respect of the following persons—\neach family day care educator engaged by or registered with the service;\neach family day care co-ordinator employed or engaged by the service;\neach family day care educator assistant engaged by or registered with the service.\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\nThe approved provider must take reasonable steps to ensure that the information contained in the register is accurate.\nPenalty:\n$6600, in the case of an individual.\n$34 200, in any other case.\nThe approved provider must provide any information on the register and any changes to the information on the register to the Regulatory Authority on request within 24 hours of the Regulatory Authority’s request.\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\nThe approved provider must keep the register in accordance with the prescribed requirements (if any).\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\ns 269 sub 2017 No. 9 (Vic) s 62\namd 2022 No. 43 (Vic) ss 37 , 93 ; 2025 No. 53 (Vic) s 54\n(sec.269-ssec.1) The approved provider of a family day care service must keep a register at the principal office of the service that contains the prescribed information in respect of the following persons— each family day care educator engaged by or registered with the service; each family day care co-ordinator employed or engaged by the service; each family day care educator assistant engaged by or registered with the service. Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n(sec.269-ssec.2) The approved provider must take reasonable steps to ensure that the information contained in the register is accurate. Penalty: $6600, in the case of an individual. $34 200, in any other case.\n(sec.269-ssec.3) The approved provider must provide any information on the register and any changes to the information on the register to the Regulatory Authority on request within 24 hours of the Regulatory Authority’s request. Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n(sec.269-ssec.4) The approved provider must keep the register in accordance with the prescribed requirements (if any). Penalty: $13 500, in the case of an individual. $68 700, in any other case.\n- (a) each family day care educator engaged by or registered with the service;\n- (b) each family day care co-ordinator employed or engaged by the service;\n- (c) each family day care educator assistant engaged by or registered with the service.","sortOrder":375},{"sectionNumber":"pt.13-div.4A","sectionType":"division","heading":"National Early Childhood Worker Register","content":"## National Early Childhood Worker Register","sortOrder":376},{"sectionNumber":"sec.269A","sectionType":"section","heading":"Who is an education and care service worker ?","content":"### sec.269A Who is an education and care service worker ?\n\nIn this Division, each of the following is an education and care service worker —\na nominated supervisor of an education and care service;\na staff member of an education and care service;\na volunteer at an education and care service.\ns 269A ins 2025 No. 53 (Vic) s 107\n- (a) a nominated supervisor of an education and care service;\n- (b) a staff member of an education and care service;\n- (c) a volunteer at an education and care service.","sortOrder":377},{"sectionNumber":"sec.269B","sectionType":"section","heading":"National Early Childhood Worker Register","content":"### sec.269B National Early Childhood Worker Register\n\nThe National Authority must establish and maintain the National Early Childhood Worker Register.\nThe National Authority may include the following information in the National Early Childhood Worker Register about each education and care service worker—\nthe person’s full name and any alias name or former name;\nthe person’s address and telephone number;\nthe person’s date of birth;\nin relation to each education and care service where the education and care service worker is or has been employed, engaged or appointed—\nthe role in which the person is or has been employed, engaged or appointed in or as part of the service; and\nthe name of the service; and\nthe date that the person was employed, engaged or appointed in or as part of the service; and\nthe date the person ceased to be employed, engaged or appointed in or as part of the service (if applicable); and\nany other prescribed information.\ns 269B ins 2025 No. 53 (Vic) s 107\n(sec.269B-ssec.1) The National Authority must establish and maintain the National Early Childhood Worker Register.\n(sec.269B-ssec.2) The National Authority may include the following information in the National Early Childhood Worker Register about each education and care service worker— the person’s full name and any alias name or former name; the person’s address and telephone number; the person’s date of birth; in relation to each education and care service where the education and care service worker is or has been employed, engaged or appointed— the role in which the person is or has been employed, engaged or appointed in or as part of the service; and the name of the service; and the date that the person was employed, engaged or appointed in or as part of the service; and the date the person ceased to be employed, engaged or appointed in or as part of the service (if applicable); and any other prescribed information.\n- (a) the person’s full name and any alias name or former name;\n- (b) the person’s address and telephone number;\n- (c) the person’s date of birth;\n- (d) in relation to each education and care service where the education and care service worker is or has been employed, engaged or appointed— (i) the role in which the person is or has been employed, engaged or appointed in or as part of the service; and (ii) the name of the service; and (iii) the date that the person was employed, engaged or appointed in or as part of the service; and (iv) the date the person ceased to be employed, engaged or appointed in or as part of the service (if applicable); and\n- (i) the role in which the person is or has been employed, engaged or appointed in or as part of the service; and\n- (ii) the name of the service; and\n- (iii) the date that the person was employed, engaged or appointed in or as part of the service; and\n- (iv) the date the person ceased to be employed, engaged or appointed in or as part of the service (if applicable); and\n- (e) any other prescribed information.\n- (i) the role in which the person is or has been employed, engaged or appointed in or as part of the service; and\n- (ii) the name of the service; and\n- (iii) the date that the person was employed, engaged or appointed in or as part of the service; and\n- (iv) the date the person ceased to be employed, engaged or appointed in or as part of the service (if applicable); and","sortOrder":378},{"sectionNumber":"sec.269C","sectionType":"section","heading":"National Authority may access and use information on other registers","content":"### sec.269C National Authority may access and use information on other registers\n\nThe National Authority may use any information on the register of approved providers kept under section 266 for the purposes of the National Authority establishing and maintaining the National Early Childhood Worker Register under this Law.\nThe National Authority may access and use any information on the register of approved education and care services kept under section 267 or the register of family day care educators, co-ordinators and assistants kept under section 269 for the purposes of the National Authority establishing and maintaining the National Early Childhood Worker Register under this Law.\ns 269C ins 2025 No. 53 (Vic) s 107\n(sec.269C-ssec.1) The National Authority may use any information on the register of approved providers kept under section 266 for the purposes of the National Authority establishing and maintaining the National Early Childhood Worker Register under this Law.\n(sec.269C-ssec.2) The National Authority may access and use any information on the register of approved education and care services kept under section 267 or the register of family day care educators, co-ordinators and assistants kept under section 269 for the purposes of the National Authority establishing and maintaining the National Early Childhood Worker Register under this Law.","sortOrder":379},{"sectionNumber":"sec.269D","sectionType":"section","heading":"Access to National Early Childhood Worker Register","content":"### sec.269D Access to National Early Childhood Worker Register\n\nThe National Authority is authorised to access the National Early Childhood Worker Register for the purposes of the National Authority—\nmaintaining the register under this Law; or\nperforming any other function of the National Authority under this Law.\nThe Regulatory Authority is authorised to access the National Early Childhood Worker Register for the purposes of the Regulatory Authority performing its functions under this Law.\nAn approved provider of an education and care service is authorised to access the National Early Childhood Worker Register to the extent that the register relates to the service for purposes related to providing information to the National Authority in accordance with section 269E .\ns 269D ins 2025 No. 53 (Vic) s 107\n(sec.269D-ssec.1) The National Authority is authorised to access the National Early Childhood Worker Register for the purposes of the National Authority— maintaining the register under this Law; or performing any other function of the National Authority under this Law.\n(sec.269D-ssec.2) The Regulatory Authority is authorised to access the National Early Childhood Worker Register for the purposes of the Regulatory Authority performing its functions under this Law.\n(sec.269D-ssec.3) An approved provider of an education and care service is authorised to access the National Early Childhood Worker Register to the extent that the register relates to the service for purposes related to providing information to the National Authority in accordance with section 269E .\n- (a) maintaining the register under this Law; or\n- (b) performing any other function of the National Authority under this Law.","sortOrder":380},{"sectionNumber":"sec.269E","sectionType":"section","heading":"Approved provider must give information to the National Authority for the National Early Childhood Worker Register","content":"### sec.269E Approved provider must give information to the National Authority for the National Early Childhood Worker Register\n\nAn approved provider of an education and care service must take reasonable steps to ensure that the information set out in section 269B (2) is provided to the National Authority—\nwithin the prescribed time after an education and care service worker is employed, engaged or appointed at the service; and\nin the manner and form approved by the Authority.\nPenalty:\n$6600, in the case of an individual.\n$34 200, in any other case.\nAn approved provider of an education and care service must take reasonable steps to ensure that the National Authority is notified about any changes to information on the National Early Childhood Worker Register about an education and care service worker employed, engaged or appointed at the service—\nwithin the prescribed time after the approved provider becomes aware of the change; and\nin the manner and form approved by the Authority.\nPenalty:\n$6600, in the case of an individual.\n$34 200, in any other case.\nAn approved provider of an education and care service does not contravene subsection (1) or (2) during the period beginning on the day on which Part 4 of the Early Childhood Legislation Amendment (Child Safety) Act 2025 commences and ending on the day that is one month after that commencement.\ns 269E ins 2025 No. 53 (Vic) s 107\n(sec.269E-ssec.1) An approved provider of an education and care service must take reasonable steps to ensure that the information set out in section 269B (2) is provided to the National Authority— within the prescribed time after an education and care service worker is employed, engaged or appointed at the service; and in the manner and form approved by the Authority. Penalty: $6600, in the case of an individual. $34 200, in any other case.\n(sec.269E-ssec.2) An approved provider of an education and care service must take reasonable steps to ensure that the National Authority is notified about any changes to information on the National Early Childhood Worker Register about an education and care service worker employed, engaged or appointed at the service— within the prescribed time after the approved provider becomes aware of the change; and in the manner and form approved by the Authority. Penalty: $6600, in the case of an individual. $34 200, in any other case.\n(sec.269E-ssec.3) An approved provider of an education and care service does not contravene subsection (1) or (2) during the period beginning on the day on which Part 4 of the Early Childhood Legislation Amendment (Child Safety) Act 2025 commences and ending on the day that is one month after that commencement.\n- (a) within the prescribed time after an education and care service worker is employed, engaged or appointed at the service; and\n- (b) in the manner and form approved by the Authority.\n- (a) within the prescribed time after the approved provider becomes aware of the change; and\n- (b) in the manner and form approved by the Authority.","sortOrder":381},{"sectionNumber":"sec.269F","sectionType":"section","heading":"Collection by National Authority of information for the purposes of maintaining the National Early Childhood Worker Register","content":"### sec.269F Collection by National Authority of information for the purposes of maintaining the National Early Childhood Worker Register\n\nThe National Authority may collect information from an approved provider of an education and care service or a recruitment agency for the purposes of maintaining the National Early Childhood Worker Register.\ns 269F ins 2025 No. 53 (Vic) s 107","sortOrder":382},{"sectionNumber":"sec.269G","sectionType":"section","heading":"Collection, use and disclosure by National Authority of information on the National Early Childhood Worker Register","content":"### sec.269G Collection, use and disclosure by National Authority of information on the National Early Childhood Worker Register\n\nThe National Authority may collect and use information on the National Early Childhood Worker Register for the purposes of the National Authority performing any of its functions under this Law.\nThe National Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to—\na relevant Commonwealth Government Department; or\nany State or Territory Government Department; or\nany Commonwealth, State or Territory public authority; or\nany State or Territory local authority; or\nthe Regulatory Authority.\nThe purposes for disclosure of information under this section are—\nthe disclosure is for the purposes of enabling or assisting the National Authority to perform any of its functions under this Law; or\nthe disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\nthe disclosure is for the purposes of enabling or assisting the other entity to perform any of its functions under this Law or any other Act; or\nthe disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or\nthe disclosure is for a purpose relating to the funding of education and care services; or\nthe disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\nA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\nthe National Authority, all participating jurisdictions and the Commonwealth; and\nsubject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\nInformation disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than—\nan approved provider or a nominated supervisor; or\na family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\na person to whom a prohibition notice applies; or\na person who is being prosecuted for an offence against this Law.\ns 269G ins 2025 No. 53 (Vic) s 107\n(sec.269G-ssec.1) The National Authority may collect and use information on the National Early Childhood Worker Register for the purposes of the National Authority performing any of its functions under this Law.\n(sec.269G-ssec.2) The National Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to— a relevant Commonwealth Government Department; or any State or Territory Government Department; or any Commonwealth, State or Territory public authority; or any State or Territory local authority; or the Regulatory Authority.\n(sec.269G-ssec.3) The purposes for disclosure of information under this section are— the disclosure is for the purposes of enabling or assisting the National Authority to perform any of its functions under this Law; or the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or the disclosure is for the purposes of enabling or assisting the other entity to perform any of its functions under this Law or any other Act; or the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or the disclosure is for a purpose relating to the funding of education and care services; or the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\n(sec.269G-ssec.4) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— the National Authority, all participating jurisdictions and the Commonwealth; and subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n(sec.269G-ssec.5) Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than— an approved provider or a nominated supervisor; or a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or a person to whom a prohibition notice applies; or a person who is being prosecuted for an offence against this Law.\n- (a) a relevant Commonwealth Government Department; or\n- (b) any State or Territory Government Department; or\n- (c) any Commonwealth, State or Territory public authority; or\n- (d) any State or Territory local authority; or\n- (e) the Regulatory Authority.\n- (a) the disclosure is for the purposes of enabling or assisting the National Authority to perform any of its functions under this Law; or\n- (b) the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\n- (c) the disclosure is for the purposes of enabling or assisting the other entity to perform any of its functions under this Law or any other Act; or\n- (d) the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or\n- (e) the disclosure is for a purpose relating to the funding of education and care services; or\n- (f) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\n- (a) the National Authority, all participating jurisdictions and the Commonwealth; and\n- (b) subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n- (a) an approved provider or a nominated supervisor; or\n- (b) a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\n- (c) a person to whom a prohibition notice applies; or\n- (d) a person who is being prosecuted for an offence against this Law.","sortOrder":383},{"sectionNumber":"sec.269H","sectionType":"section","heading":"Collection, use and disclosure by Regulatory Authority of information on the National Early Childhood Worker Register","content":"### sec.269H Collection, use and disclosure by Regulatory Authority of information on the National Early Childhood Worker Register\n\nThe Regulatory Authority may collect and use information on the National Early Childhood Worker Register for the purposes of the Regulatory Authority performing any of its functions under this Law.\nThe Regulatory Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to—\na relevant Commonwealth Government Department; or\nany State or Territory Government Department; or\nany Commonwealth, State or Territory public authority; or\nany State or Territory local authority; or\nanother Regulatory Authority.\nThe purposes for disclosure of information under this section are—\nthe disclosure is for the purposes of enabling or assisting the other Regulatory Authority to perform any of its functions under this Law or any other Act; or\nthe disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\nthe disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions under this Law or any other Act; or\nthe disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or\nthe disclosure is for a purpose relating to the funding of education and care services; or\nthe disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\nA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\nthe National Authority, all participating jurisdictions and the Commonwealth; and\nsubject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\nInformation disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than—\nan approved provider or a nominated supervisor; or\na family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\na person to whom a prohibition notice applies; or\na person who is being prosecuted for an offence against this Law.\ns 269H ins 2025 No. 53 (Vic) s 107\n(sec.269H-ssec.1) The Regulatory Authority may collect and use information on the National Early Childhood Worker Register for the purposes of the Regulatory Authority performing any of its functions under this Law.\n(sec.269H-ssec.2) The Regulatory Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to— a relevant Commonwealth Government Department; or any State or Territory Government Department; or any Commonwealth, State or Territory public authority; or any State or Territory local authority; or another Regulatory Authority.\n(sec.269H-ssec.3) The purposes for disclosure of information under this section are— the disclosure is for the purposes of enabling or assisting the other Regulatory Authority to perform any of its functions under this Law or any other Act; or the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions under this Law or any other Act; or the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or the disclosure is for a purpose relating to the funding of education and care services; or the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\n(sec.269H-ssec.4) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— the National Authority, all participating jurisdictions and the Commonwealth; and subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n(sec.269H-ssec.5) Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than— an approved provider or a nominated supervisor; or a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or a person to whom a prohibition notice applies; or a person who is being prosecuted for an offence against this Law.\n- (a) a relevant Commonwealth Government Department; or\n- (b) any State or Territory Government Department; or\n- (c) any Commonwealth, State or Territory public authority; or\n- (d) any State or Territory local authority; or\n- (e) another Regulatory Authority.\n- (a) the disclosure is for the purposes of enabling or assisting the other Regulatory Authority to perform any of its functions under this Law or any other Act; or\n- (b) the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\n- (c) the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions under this Law or any other Act; or\n- (d) the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or\n- (e) the disclosure is for a purpose relating to the funding of education and care services; or\n- (f) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\n- (a) the National Authority, all participating jurisdictions and the Commonwealth; and\n- (b) subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n- (a) an approved provider or a nominated supervisor; or\n- (b) a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\n- (c) a person to whom a prohibition notice applies; or\n- (d) a person who is being prosecuted for an offence against this Law.","sortOrder":384},{"sectionNumber":"pt.13-div.5","sectionType":"division","heading":"Publication of information","content":"## Publication of information","sortOrder":385},{"sectionNumber":"sec.270","sectionType":"section","heading":"Publication of information","content":"### sec.270 Publication of information\n\nThe National Authority and the Regulatory Authority may publish the following information about approved providers, approved education and care services and nominated supervisors—\nthe name of each provider, service or supervisor;\nexcept in the case of approved family day care services, the address of each education and care service premises;\nin the case of approved family day care services, the address of the principal office of each service;\nthe rating levels of each approved education and care service;\nany prescribed information in relation to a related provider determination made in respect of an approved provider;\nother prescribed information in respect of approved education and care services.\nThe National Authority—\nmust publish on its website the register of approved providers; and\nmay publish on its website the register of approved education and care services as kept by a Regulatory Authority.\nThe Regulatory Authority must publish on its website the register of approved education and care services kept by the Regulatory Authority.\nThe relevant Commonwealth Department is authorised to publish the register of approved education and care services on a website kept by that department.\nThe Regulatory Authority may publish the prescribed information about—\nenforcement actions taken under this Law, including information about compliance notices, prosecutions, enforceable undertakings, suspension or cancellation of approvals; and\nany prescribed matters.\nInformation published under this section must not include information that could identify or lead to the identification of an individual other than—\nan approved provider or nominated supervisor; or\na person who is being prosecuted for an offence against this Law; or\nif the Regulatory Authority is satisfied that it is in the public interest to do so, a person with management or control of an education and care service.\ns 270 amd 2017 No. 9 (Vic) s 63 ; 2025 No. 53 (Vic) s 108\n(sec.270-ssec.1) The National Authority and the Regulatory Authority may publish the following information about approved providers, approved education and care services and nominated supervisors— the name of each provider, service or supervisor; except in the case of approved family day care services, the address of each education and care service premises; in the case of approved family day care services, the address of the principal office of each service; the rating levels of each approved education and care service; any prescribed information in relation to a related provider determination made in respect of an approved provider; other prescribed information in respect of approved education and care services.\n(sec.270-ssec.2) The National Authority— must publish on its website the register of approved providers; and may publish on its website the register of approved education and care services as kept by a Regulatory Authority.\n(sec.270-ssec.3) The Regulatory Authority must publish on its website the register of approved education and care services kept by the Regulatory Authority.\n(sec.270-ssec.4) The relevant Commonwealth Department is authorised to publish the register of approved education and care services on a website kept by that department.\n(sec.270-ssec.5) The Regulatory Authority may publish the prescribed information about— enforcement actions taken under this Law, including information about compliance notices, prosecutions, enforceable undertakings, suspension or cancellation of approvals; and any prescribed matters.\n(sec.270-ssec.6) Information published under this section must not include information that could identify or lead to the identification of an individual other than— an approved provider or nominated supervisor; or a person who is being prosecuted for an offence against this Law; or if the Regulatory Authority is satisfied that it is in the public interest to do so, a person with management or control of an education and care service.\n- (a) the name of each provider, service or supervisor;\n- (b) except in the case of approved family day care services, the address of each education and care service premises;\n- (c) in the case of approved family day care services, the address of the principal office of each service;\n- (d) the rating levels of each approved education and care service;\n- (da) any prescribed information in relation to a related provider determination made in respect of an approved provider;\n- (e) other prescribed information in respect of approved education and care services.\n- (a) must publish on its website the register of approved providers; and\n- (b) may publish on its website the register of approved education and care services as kept by a Regulatory Authority.\n- (a) enforcement actions taken under this Law, including information about compliance notices, prosecutions, enforceable undertakings, suspension or cancellation of approvals; and\n- (b) any prescribed matters.\n- (a) an approved provider or nominated supervisor; or\n- (b) a person who is being prosecuted for an offence against this Law; or\n- (c) if the Regulatory Authority is satisfied that it is in the public interest to do so, a person with management or control of an education and care service.","sortOrder":386},{"sectionNumber":"pt.13-div.6","sectionType":"division","heading":"Disclosure of information","content":"## Disclosure of information","sortOrder":387},{"sectionNumber":"sec.271","sectionType":"section","heading":"Disclosure of information to other authorities","content":"### sec.271 Disclosure of information to other authorities\n\nThe National Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4) , to—\na relevant Commonwealth Government Department; or\nany State or Territory Government Department; or\nany Commonwealth, State or Territory public authority; or\nany State or Territory local authority; or\na Regulatory Authority of a participating jurisdiction.\nThe Regulatory Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4) , to—\na relevant Commonwealth Government Department; or\nany State or Territory Government Department; or\nany Commonwealth, State or Territory public authority; or\nany State or Territory local authority; or\na Regulatory Authority of another participating jurisdiction.\nThe National Authority, the Regulatory Authority and any Government Department, public authority or local authority may disclose information to each other in respect of an education and care service for a purpose listed in subsection (4) .\nThe National Authority and the Regulatory Authority may disclose to each other information about a related provider of an approved provider or a related provider determination if the disclosure is reasonably necessary for the purposes of monitoring compliance with this Law.\nThe purposes for disclosure of information under this section are—\nthe disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\nthe disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions or powers under this Law; or\nthe disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or\nthe disclosure is for a purpose relating to the funding of education and care services; or\nthe disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\nThe Regulatory Authority must disclose to the Regulatory Authorities of other participating jurisdictions the suspension or cancellation of a working with children check, working with children card or teacher registration of a nominated supervisor of which it is notified under this Law.\nThe Regulatory Authority may disclose to the head of the government department responsible for the administration of a working with children law, any prohibition notice given under this Law as applying in any participating jurisdiction in respect of the person.\nA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\nthe National Authority, all participating jurisdictions and the Commonwealth; and\nsubject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\nInformation disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than—\nan approved provider (including any related provider of an approved provider) or a nominated supervisor; or\na family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\na person to whom a prohibition notice applies; or\na person who is being prosecuted for an offence against this Law.\ns 271 sub 2017 No. 9 (Vic) s 64\namd 2025 No. 53 (Vic) s 109\n(sec.271-ssec.1) The National Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4) , to— a relevant Commonwealth Government Department; or any State or Territory Government Department; or any Commonwealth, State or Territory public authority; or any State or Territory local authority; or a Regulatory Authority of a participating jurisdiction.\n(sec.271-ssec.2) The Regulatory Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4) , to— a relevant Commonwealth Government Department; or any State or Territory Government Department; or any Commonwealth, State or Territory public authority; or any State or Territory local authority; or a Regulatory Authority of another participating jurisdiction.\n(sec.271-ssec.3) The National Authority, the Regulatory Authority and any Government Department, public authority or local authority may disclose information to each other in respect of an education and care service for a purpose listed in subsection (4) .\n(sec.271-ssec.3A) The National Authority and the Regulatory Authority may disclose to each other information about a related provider of an approved provider or a related provider determination if the disclosure is reasonably necessary for the purposes of monitoring compliance with this Law.\n(sec.271-ssec.4) The purposes for disclosure of information under this section are— the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions or powers under this Law; or the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or the disclosure is for a purpose relating to the funding of education and care services; or the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\n(sec.271-ssec.5) The Regulatory Authority must disclose to the Regulatory Authorities of other participating jurisdictions the suspension or cancellation of a working with children check, working with children card or teacher registration of a nominated supervisor of which it is notified under this Law.\n(sec.271-ssec.6) The Regulatory Authority may disclose to the head of the government department responsible for the administration of a working with children law, any prohibition notice given under this Law as applying in any participating jurisdiction in respect of the person.\n(sec.271-ssec.7) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— the National Authority, all participating jurisdictions and the Commonwealth; and subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n(sec.271-ssec.8) Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than— an approved provider (including any related provider of an approved provider) or a nominated supervisor; or a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or a person to whom a prohibition notice applies; or a person who is being prosecuted for an offence against this Law.\n- (a) a relevant Commonwealth Government Department; or\n- (b) any State or Territory Government Department; or\n- (c) any Commonwealth, State or Territory public authority; or\n- (d) any State or Territory local authority; or\n- (e) a Regulatory Authority of a participating jurisdiction.\n- (a) a relevant Commonwealth Government Department; or\n- (b) any State or Territory Government Department; or\n- (c) any Commonwealth, State or Territory public authority; or\n- (d) any State or Territory local authority; or\n- (e) a Regulatory Authority of another participating jurisdiction.\n- (a) the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\n- (b) the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions or powers under this Law; or\n- (c) the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or\n- (d) the disclosure is for a purpose relating to the funding of education and care services; or\n- (e) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.\n- (a) the National Authority, all participating jurisdictions and the Commonwealth; and\n- (b) subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n- (a) an approved provider (including any related provider of an approved provider) or a nominated supervisor; or\n- (b) a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\n- (c) a person to whom a prohibition notice applies; or\n- (d) a person who is being prosecuted for an offence against this Law.","sortOrder":388},{"sectionNumber":"sec.272","sectionType":"section","heading":"Disclosure of information to approved providers","content":"### sec.272 Disclosure of information to approved providers\n\nThe National Authority or the Regulatory Authority may disclose the following information to an approved provider if the National Authority or Regulatory Authority considers on reasonable grounds that the information may assist the provider to comply with this Law—\nwhether an individual who is employed, appointed or engaged by the approved provider has given an enforceable undertaking under section 179A that is in force, including information about the following—\nthe provisions of this Law that the individual has contravened or is alleged to have contravened;\nthe actions that the individual must take or refrain from taking to comply with the enforceable undertaking;\nwhether the individual is complying with the enforceable undertaking;\nwhether an individual who is employed, appointed or engaged by the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction;\nwhether a family day care educator employed, appointed or engaged by the approved provider has been suspended from providing education and care to children under section 178 .\nA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\nthe National Authority, all participating jurisdictions and the Commonwealth; and\nsubject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\ns 272 sub 2017 No. 9 (Vic) s 64\namd 2022 No. 13 (Vic) s 13 ; 2025 No. 53 (Vic) s 9\n(sec.272-ssec.1) The National Authority or the Regulatory Authority may disclose the following information to an approved provider if the National Authority or Regulatory Authority considers on reasonable grounds that the information may assist the provider to comply with this Law— whether an individual who is employed, appointed or engaged by the approved provider has given an enforceable undertaking under section 179A that is in force, including information about the following— the provisions of this Law that the individual has contravened or is alleged to have contravened; the actions that the individual must take or refrain from taking to comply with the enforceable undertaking; whether the individual is complying with the enforceable undertaking; whether an individual who is employed, appointed or engaged by the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction; whether a family day care educator employed, appointed or engaged by the approved provider has been suspended from providing education and care to children under section 178 .\n(sec.272-ssec.2) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— the National Authority, all participating jurisdictions and the Commonwealth; and subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n- (a) whether an individual who is employed, appointed or engaged by the approved provider has given an enforceable undertaking under section 179A that is in force, including information about the following— (i) the provisions of this Law that the individual has contravened or is alleged to have contravened; (ii) the actions that the individual must take or refrain from taking to comply with the enforceable undertaking; (iii) whether the individual is complying with the enforceable undertaking;\n- (i) the provisions of this Law that the individual has contravened or is alleged to have contravened;\n- (ii) the actions that the individual must take or refrain from taking to comply with the enforceable undertaking;\n- (iii) whether the individual is complying with the enforceable undertaking;\n- (b) whether an individual who is employed, appointed or engaged by the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction;\n- (c) whether a family day care educator employed, appointed or engaged by the approved provider has been suspended from providing education and care to children under section 178 .\n- (i) the provisions of this Law that the individual has contravened or is alleged to have contravened;\n- (ii) the actions that the individual must take or refrain from taking to comply with the enforceable undertaking;\n- (iii) whether the individual is complying with the enforceable undertaking;\n- (a) the National Authority, all participating jurisdictions and the Commonwealth; and\n- (b) subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.","sortOrder":389},{"sectionNumber":"sec.272A","sectionType":"section","heading":"Disclosure of information to recruitment agencies","content":"### sec.272A Disclosure of information to recruitment agencies\n\nThe National Authority or the Regulatory Authority may disclose the following information to a recruitment agency for the purposes of promoting the objectives of the National Quality Framework—\nwhether a specified person has given an enforceable undertaking under section 179A that is in force, including information about the following—\nthe provisions of this Law that the specified person has contravened or is alleged to have contravened;\nthe actions that the specified person must take or refrain from taking to comply with the enforceable undertaking;\nwhether the specified person is complying with the enforceable undertaking;\nwhether a specified person is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction;\nwhether a specified person has been suspended from providing education and care to children as part of a family day care service under section 178 .\nA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\nthe National Authority, all participating jurisdictions and the Commonwealth; and\nsubject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\nIn this section—\nspecified person means an individual who has entered into an agreement with a recruitment agency for the agency to procure for that individual education and care related work.\ns 272A ins 2025 No. 53 (Vic) s 10\n(sec.272A-ssec.1) The National Authority or the Regulatory Authority may disclose the following information to a recruitment agency for the purposes of promoting the objectives of the National Quality Framework— whether a specified person has given an enforceable undertaking under section 179A that is in force, including information about the following— the provisions of this Law that the specified person has contravened or is alleged to have contravened; the actions that the specified person must take or refrain from taking to comply with the enforceable undertaking; whether the specified person is complying with the enforceable undertaking; whether a specified person is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction; whether a specified person has been suspended from providing education and care to children as part of a family day care service under section 178 .\n(sec.272A-ssec.2) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— the National Authority, all participating jurisdictions and the Commonwealth; and subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.\n(sec.272A-ssec.3) In this section— specified person means an individual who has entered into an agreement with a recruitment agency for the agency to procure for that individual education and care related work.\n- (a) whether a specified person has given an enforceable undertaking under section 179A that is in force, including information about the following— (i) the provisions of this Law that the specified person has contravened or is alleged to have contravened; (ii) the actions that the specified person must take or refrain from taking to comply with the enforceable undertaking; (iii) whether the specified person is complying with the enforceable undertaking;\n- (i) the provisions of this Law that the specified person has contravened or is alleged to have contravened;\n- (ii) the actions that the specified person must take or refrain from taking to comply with the enforceable undertaking;\n- (iii) whether the specified person is complying with the enforceable undertaking;\n- (b) whether a specified person is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction;\n- (c) whether a specified person has been suspended from providing education and care to children as part of a family day care service under section 178 .\n- (i) the provisions of this Law that the specified person has contravened or is alleged to have contravened;\n- (ii) the actions that the specified person must take or refrain from taking to comply with the enforceable undertaking;\n- (iii) whether the specified person is complying with the enforceable undertaking;\n- (a) the National Authority, all participating jurisdictions and the Commonwealth; and\n- (b) subject to any protocol referred to in paragraph (a) , the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.","sortOrder":390},{"sectionNumber":"sec.273","sectionType":"section","heading":"Duty of confidentiality","content":"### sec.273 Duty of confidentiality\n\nAn individual who is, or who has been, a person exercising functions under this Law must not disclose to another person protected information.\nPenalty: $17 100.\nHowever, subsection (1) does not apply if—\nthe information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or\nthe disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or\nthe disclosure is with the agreement of the person to whom the information relates; or\nthe information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or\nthe information is, or has been accessible to the public, including because it was published for the purposes of, or in accordance with, this Law; or\nthe disclosure is otherwise authorised by the Ministerial Council.\nIn this section—\nprotected information means information—\nthat is personal to a particular individual and that identifies or could lead to the identification of the individual; and\nthat comes to a person’s knowledge in the course of, or because of, the person exercising functions under this Law.\ns 273 amd 2022 No. 43 (Vic) s 94 ; 2025 No. 53 (Vic) s 55\n(sec.273-ssec.1) An individual who is, or who has been, a person exercising functions under this Law must not disclose to another person protected information. Penalty: $17 100.\n(sec.273-ssec.2) However, subsection (1) does not apply if— the information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or the disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or the disclosure is with the agreement of the person to whom the information relates; or the information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or the information is, or has been accessible to the public, including because it was published for the purposes of, or in accordance with, this Law; or the disclosure is otherwise authorised by the Ministerial Council.\n(sec.273-ssec.3) In this section— protected information means information— that is personal to a particular individual and that identifies or could lead to the identification of the individual; and that comes to a person’s knowledge in the course of, or because of, the person exercising functions under this Law.\n- (a) the information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or\n- (b) the disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or\n- (c) the disclosure is with the agreement of the person to whom the information relates; or\n- (d) the information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or\n- (e) the information is, or has been accessible to the public, including because it was published for the purposes of, or in accordance with, this Law; or\n- (f) the disclosure is otherwise authorised by the Ministerial Council.\n- (a) that is personal to a particular individual and that identifies or could lead to the identification of the individual; and\n- (b) that comes to a person’s knowledge in the course of, or because of, the person exercising functions under this Law.","sortOrder":391},{"sectionNumber":"pt.14","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":392},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Finance","content":"## Finance","sortOrder":393},{"sectionNumber":"sec.274","sectionType":"section","heading":"Australian Children’s Education and Care Quality Authority Fund","content":"### sec.274 Australian Children’s Education and Care Quality Authority Fund\n\nThe Australian Children’s Education and Care Quality Authority Fund is established.\nThe Authority Fund is a fund to be administered by the National Authority.\nThe National Authority may establish accounts with any financial institution for money in the Authority Fund.\nThe Authority Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.\n(sec.274-ssec.1) The Australian Children’s Education and Care Quality Authority Fund is established.\n(sec.274-ssec.2) The Authority Fund is a fund to be administered by the National Authority.\n(sec.274-ssec.3) The National Authority may establish accounts with any financial institution for money in the Authority Fund.\n(sec.274-ssec.4) The Authority Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.","sortOrder":394},{"sectionNumber":"sec.275","sectionType":"section","heading":"Payments into Authority Fund","content":"### sec.275 Payments into Authority Fund\n\nThere is payable into the Authority Fund—\nall money provided by a participating jurisdiction or the Commonwealth for the purposes of the Fund; and\nthe proceeds of the investment of money in the Fund; and\nall grants, gifts and donations made to the National Authority, but subject to any trusts declared in relation to the grants, gifts or donations; and\nall money directed or authorised to be paid into the Fund by or under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and\nany other money and property prescribed by the national regulations; and\nany other money or property received by the National Authority in connection with the exercise of its functions.\n- (a) all money provided by a participating jurisdiction or the Commonwealth for the purposes of the Fund; and\n- (b) the proceeds of the investment of money in the Fund; and\n- (c) all grants, gifts and donations made to the National Authority, but subject to any trusts declared in relation to the grants, gifts or donations; and\n- (d) all money directed or authorised to be paid into the Fund by or under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and\n- (e) any other money and property prescribed by the national regulations; and\n- (f) any other money or property received by the National Authority in connection with the exercise of its functions.","sortOrder":395},{"sectionNumber":"sec.276","sectionType":"section","heading":"Payments out of Authority Fund","content":"### sec.276 Payments out of Authority Fund\n\nPayments may be made from the Authority Fund for the purpose of—\npaying any costs or expenses, or discharging any liabilities, incurred by the National Authority in the administration or enforcement of this Law or in the performance of its functions or duties or the exercise of its powers; and\npaying any remuneration or allowances payable under this Law by the National Authority; and\nallocating, transferring or reimbursing money to a participating jurisdiction in accordance with the national regulations; and\nany other payments recommended by the National Authority and approved by the Ministerial Council.\n- (a) paying any costs or expenses, or discharging any liabilities, incurred by the National Authority in the administration or enforcement of this Law or in the performance of its functions or duties or the exercise of its powers; and\n- (b) paying any remuneration or allowances payable under this Law by the National Authority; and\n- (c) allocating, transferring or reimbursing money to a participating jurisdiction in accordance with the national regulations; and\n- (d) any other payments recommended by the National Authority and approved by the Ministerial Council.","sortOrder":396},{"sectionNumber":"sec.277","sectionType":"section","heading":"Investment of money in Authority Fund","content":"### sec.277 Investment of money in Authority Fund\n\nThe National Authority may invest money in the Authority Fund in accordance with the national regulations.","sortOrder":397},{"sectionNumber":"sec.278","sectionType":"section","heading":"Financial management duties of National Authority","content":"### sec.278 Financial management duties of National Authority\n\nThe National Authority must—\nensure that its operations are carried out efficiently, effectively and economically; and\nkeep proper books and records in relation to the Authority Fund; and\nensure that expenditure is made from the Authority Fund for lawful purposes only and, as far as possible, reasonable value is obtained for money expended from the Fund; and\nensure that its procedures, including internal control procedures, afford adequate safeguards with respect to—\nthe correctness, regularity and propriety of payments made from the Authority Fund; and\nreceiving and accounting for payments made to the Authority Fund; and\nprevention of fraud or mistake; and\ntake any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and\ntake any action necessary to facilitate the audit of those financial statements in accordance with this Law; and\narrange for any further audit by a qualified person of the books and records kept by the National Authority in relation to the Authority Fund, if directed to do so by the Ministerial Council.\n- (a) ensure that its operations are carried out efficiently, effectively and economically; and\n- (b) keep proper books and records in relation to the Authority Fund; and\n- (c) ensure that expenditure is made from the Authority Fund for lawful purposes only and, as far as possible, reasonable value is obtained for money expended from the Fund; and\n- (d) ensure that its procedures, including internal control procedures, afford adequate safeguards with respect to— (i) the correctness, regularity and propriety of payments made from the Authority Fund; and (ii) receiving and accounting for payments made to the Authority Fund; and (iii) prevention of fraud or mistake; and\n- (i) the correctness, regularity and propriety of payments made from the Authority Fund; and\n- (ii) receiving and accounting for payments made to the Authority Fund; and\n- (iii) prevention of fraud or mistake; and\n- (e) take any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and\n- (f) take any action necessary to facilitate the audit of those financial statements in accordance with this Law; and\n- (g) arrange for any further audit by a qualified person of the books and records kept by the National Authority in relation to the Authority Fund, if directed to do so by the Ministerial Council.\n- (i) the correctness, regularity and propriety of payments made from the Authority Fund; and\n- (ii) receiving and accounting for payments made to the Authority Fund; and\n- (iii) prevention of fraud or mistake; and","sortOrder":398},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Reporting","content":"## Reporting","sortOrder":399},{"sectionNumber":"sec.279","sectionType":"section","heading":"Annual report","content":"### sec.279 Annual report\n\nThe Board must, within 4 months after the end of each financial year, submit an annual report of the National Authority for the financial year to the Ministerial Council.\nThe annual report must include—\nan audited financial statement for the period to which the report relates; and\na report about the National Authority’s performance of its functions under this Law during the period to which the annual report relates; and\nan assessment of the implementation and administration of the National Quality Framework; and\nall directions given to the National Authority by the Ministerial Council and the Authority’s response; and\nall directions given to the Regulatory Authorities by the Ministerial Council and the Regulatory Authorities’ responses; and\na report on any committees established by the Board; and\nany other matter determined by the Ministerial Council.\nThe financial statement is to be prepared in accordance with Australian Accounting Standards.\nThe financial statement is to be audited by a public sector auditor and a report is to be provided by the auditor.\nThe Ministerial Council may extend, or further extend, the period for submission of an annual report to the Council by a total period of up to 3 months.\nIn this section—\npublic sector auditor means—\nthe Auditor-General (however described) of a participating jurisdiction or the Commonwealth; or\nan auditor employed, appointed or otherwise engaged by an Auditor-General of a participating jurisdiction or the Commonwealth.\n(sec.279-ssec.1) The Board must, within 4 months after the end of each financial year, submit an annual report of the National Authority for the financial year to the Ministerial Council.\n(sec.279-ssec.2) The annual report must include— an audited financial statement for the period to which the report relates; and a report about the National Authority’s performance of its functions under this Law during the period to which the annual report relates; and an assessment of the implementation and administration of the National Quality Framework; and all directions given to the National Authority by the Ministerial Council and the Authority’s response; and all directions given to the Regulatory Authorities by the Ministerial Council and the Regulatory Authorities’ responses; and a report on any committees established by the Board; and any other matter determined by the Ministerial Council.\n(sec.279-ssec.3) The financial statement is to be prepared in accordance with Australian Accounting Standards.\n(sec.279-ssec.4) The financial statement is to be audited by a public sector auditor and a report is to be provided by the auditor.\n(sec.279-ssec.5) The Ministerial Council may extend, or further extend, the period for submission of an annual report to the Council by a total period of up to 3 months.\n(sec.279-ssec.6) In this section— public sector auditor means— the Auditor-General (however described) of a participating jurisdiction or the Commonwealth; or an auditor employed, appointed or otherwise engaged by an Auditor-General of a participating jurisdiction or the Commonwealth.\n- (a) an audited financial statement for the period to which the report relates; and\n- (b) a report about the National Authority’s performance of its functions under this Law during the period to which the annual report relates; and\n- (c) an assessment of the implementation and administration of the National Quality Framework; and\n- (d) all directions given to the National Authority by the Ministerial Council and the Authority’s response; and\n- (e) all directions given to the Regulatory Authorities by the Ministerial Council and the Regulatory Authorities’ responses; and\n- (f) a report on any committees established by the Board; and\n- (g) any other matter determined by the Ministerial Council.\n- (a) the Auditor-General (however described) of a participating jurisdiction or the Commonwealth; or\n- (b) an auditor employed, appointed or otherwise engaged by an Auditor-General of a participating jurisdiction or the Commonwealth.","sortOrder":400},{"sectionNumber":"sec.280","sectionType":"section","heading":"Tabling and publication of annual report","content":"### sec.280 Tabling and publication of annual report\n\nThe Ministerial Council must make arrangements for the tabling of the annual report of the National Authority, and the report of the public sector auditor with respect to the financial statement in the report, in the Parliament of a participating jurisdiction determined by the Ministerial Council.\nAs soon as practicable after the annual report has been tabled in the Parliament determined under subsection (1) , the National Authority must publish a copy of the report on its website.\n(sec.280-ssec.1) The Ministerial Council must make arrangements for the tabling of the annual report of the National Authority, and the report of the public sector auditor with respect to the financial statement in the report, in the Parliament of a participating jurisdiction determined by the Ministerial Council.\n(sec.280-ssec.2) As soon as practicable after the annual report has been tabled in the Parliament determined under subsection (1) , the National Authority must publish a copy of the report on its website.","sortOrder":401},{"sectionNumber":"sec.281","sectionType":"section","heading":"Other reporting","content":"### sec.281 Other reporting\n\nThe National Authority may make any reports to the Ministerial Council that it considers necessary in the performance of its functions.\nThe Chairperson of the Board must provide to the Ministerial Council any other reports and documents and information relating to the operations of the National Authority that the Ministerial Council requires.\nThe Chairperson of the Board may provide to the responsible Minister of a participating jurisdiction and the Commonwealth Minister any reports and documents and information relating to the operations of the National Authority that the responsible Minister requires.\nThe reports, documents and information referred to in subsection (2) must be provided within the time set by the Ministerial Council.\n(sec.281-ssec.1) The National Authority may make any reports to the Ministerial Council that it considers necessary in the performance of its functions.\n(sec.281-ssec.2) The Chairperson of the Board must provide to the Ministerial Council any other reports and documents and information relating to the operations of the National Authority that the Ministerial Council requires.\n(sec.281-ssec.3) The Chairperson of the Board may provide to the responsible Minister of a participating jurisdiction and the Commonwealth Minister any reports and documents and information relating to the operations of the National Authority that the responsible Minister requires.\n(sec.281-ssec.4) The reports, documents and information referred to in subsection (2) must be provided within the time set by the Ministerial Council.","sortOrder":402},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Application of Commonwealth Ombudsman Act","content":"## Application of Commonwealth Ombudsman Act","sortOrder":403},{"sectionNumber":"sec.282","sectionType":"section","heading":"Application of Commonwealth Ombudsman Act","content":"### sec.282 Application of Commonwealth Ombudsman Act\n\nThe Ombudsman Act applies as a law of a participating jurisdiction for the purposes of this Law except to the extent that this Law applies to a Regulatory Authority and the employees, decisions, actions and records of a Regulatory Authority.\nFor the purposes of subsection (1) , the Ombudsman Act applies—\nas if a reference to the Commonwealth Ombudsman were a reference to the Education and Care Services Ombudsman; and\nwith any other modifications made by the national regulations.\nWithout limiting subsection (2) , the national regulations may—\nprovide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or\nprovide that the Ombudsman Act applies under subsection (1) as if an amendment to the Ombudsman Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\nconfer jurisdiction on a tribunal or court of a participating jurisdiction.\nIn this section—\nOmbudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force from time to time.\n(sec.282-ssec.1) The Ombudsman Act applies as a law of a participating jurisdiction for the purposes of this Law except to the extent that this Law applies to a Regulatory Authority and the employees, decisions, actions and records of a Regulatory Authority.\n(sec.282-ssec.2) For the purposes of subsection (1) , the Ombudsman Act applies— as if a reference to the Commonwealth Ombudsman were a reference to the Education and Care Services Ombudsman; and with any other modifications made by the national regulations.\n(sec.282-ssec.3) Without limiting subsection (2) , the national regulations may— provide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or provide that the Ombudsman Act applies under subsection (1) as if an amendment to the Ombudsman Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction.\n(sec.282-ssec.4) In this section— Ombudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force from time to time.\n- (a) as if a reference to the Commonwealth Ombudsman were a reference to the Education and Care Services Ombudsman; and\n- (b) with any other modifications made by the national regulations.\n- (a) provide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or\n- (b) provide that the Ombudsman Act applies under subsection (1) as if an amendment to the Ombudsman Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\n- (c) confer jurisdiction on a tribunal or court of a participating jurisdiction.","sortOrder":404},{"sectionNumber":"pt.14-div.4","sectionType":"division","heading":"Legal proceedings","content":"## Legal proceedings","sortOrder":405},{"sectionNumber":"sec.283","sectionType":"section","heading":"Who may bring proceedings for an offence?","content":"### sec.283 Who may bring proceedings for an offence?\n\nThe following persons may bring proceedings for an offence under this Law—\nthe Regulatory Authority;\na person authorised by the Regulatory Authority;\na police officer.\nIn a proceeding for an offence against this Law or the regulations it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it.\n(sec.283-ssec.1) The following persons may bring proceedings for an offence under this Law— the Regulatory Authority; a person authorised by the Regulatory Authority; a police officer.\n(sec.283-ssec.2) In a proceeding for an offence against this Law or the regulations it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it.\n- (a) the Regulatory Authority;\n- (b) a person authorised by the Regulatory Authority;\n- (c) a police officer.","sortOrder":406},{"sectionNumber":"sec.284","sectionType":"section","heading":"When proceedings may be commenced","content":"### sec.284 When proceedings may be commenced\n\nSubject to section 181 (6) and subsection (3) , proceedings for an offence under this Law must be commenced by a person referred to in section 283 (1) within 2 years after the date on which the person becomes aware of the alleged offence.\nSubsection (1) applies whether the date on which the person referred to in section 283 (1) becomes aware of the alleged offence is before, on or after the commencement of section 11 of the Early Childhood Legislation Amendment (Child Safety) Act 2025 .\nIf the Regulatory Authority becomes aware of an alleged offence but is required to suspend taking action under this Law in relation to the alleged offence because of a concurrent investigation or proceeding in relation to the same conduct under another Act, proceedings for the offence against this Law must be commenced within 2 years after any investigation or proceeding (as the case requires) in relation to the conduct under the other Act have been finalised.\ns 284 amd 2017 No. 9 (Vic) s 65 ; 2025 No. 53 (Vic) s 11\n(sec.284-ssec.1) Subject to section 181 (6) and subsection (3) , proceedings for an offence under this Law must be commenced by a person referred to in section 283 (1) within 2 years after the date on which the person becomes aware of the alleged offence.\n(sec.284-ssec.2) Subsection (1) applies whether the date on which the person referred to in section 283 (1) becomes aware of the alleged offence is before, on or after the commencement of section 11 of the Early Childhood Legislation Amendment (Child Safety) Act 2025 .\n(sec.284-ssec.3) If the Regulatory Authority becomes aware of an alleged offence but is required to suspend taking action under this Law in relation to the alleged offence because of a concurrent investigation or proceeding in relation to the same conduct under another Act, proceedings for the offence against this Law must be commenced within 2 years after any investigation or proceeding (as the case requires) in relation to the conduct under the other Act have been finalised.","sortOrder":407},{"sectionNumber":"sec.285","sectionType":"section","heading":"Offences by bodies corporate","content":"### sec.285 Offences by bodies corporate\n\nIf a body corporate commits an offence against this Law, any person with management or control of the body corporate who failed to exercise due diligence to prevent the contravention that is the subject of the offence also commits that offence and is liable to the penalty for that offence.\nThe penalty for an offence referred to in this section is the penalty applicable to an individual.\n(sec.285-ssec.1) If a body corporate commits an offence against this Law, any person with management or control of the body corporate who failed to exercise due diligence to prevent the contravention that is the subject of the offence also commits that offence and is liable to the penalty for that offence.\n(sec.285-ssec.2) The penalty for an offence referred to in this section is the penalty applicable to an individual.","sortOrder":408},{"sectionNumber":"sec.286","sectionType":"section","heading":"Application of Law to partnerships and eligible associations and other entities","content":"### sec.286 Application of Law to partnerships and eligible associations and other entities\n\nIf this Law would otherwise require or permit something to be done by a partnership, the thing may be done by one or more of the partners on behalf of the partnership.\nIf this Law would otherwise require or permit something to be done by an eligible association, the thing may be done by one or more of the members of the executive committee on behalf of the association.\nIf this Law would otherwise require or permit something to be done by a prescribed entity, the thing may be done by one or more of the persons with management or control of the entity on behalf of the entity.\nAn offence against this Law that would otherwise be committed by the partnership is taken to have been committed by each partner who is a person with management or control of the partnership.\nAn offence against this Law that would otherwise be committed by an eligible association is taken to have been committed by each person who is a person with management or control of the association.\nAn offence against this Law that would otherwise be committed by a prescribed entity is taken to have been committed by each person who is a person with management or control of that entity.\nThe penalty for an offence that is taken to be committed under this section is the penalty applicable to an individual.\n(sec.286-ssec.1) If this Law would otherwise require or permit something to be done by a partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n(sec.286-ssec.2) If this Law would otherwise require or permit something to be done by an eligible association, the thing may be done by one or more of the members of the executive committee on behalf of the association.\n(sec.286-ssec.3) If this Law would otherwise require or permit something to be done by a prescribed entity, the thing may be done by one or more of the persons with management or control of the entity on behalf of the entity.\n(sec.286-ssec.4) An offence against this Law that would otherwise be committed by the partnership is taken to have been committed by each partner who is a person with management or control of the partnership.\n(sec.286-ssec.5) An offence against this Law that would otherwise be committed by an eligible association is taken to have been committed by each person who is a person with management or control of the association.\n(sec.286-ssec.6) An offence against this Law that would otherwise be committed by a prescribed entity is taken to have been committed by each person who is a person with management or control of that entity.\n(sec.286-ssec.7) The penalty for an offence that is taken to be committed under this section is the penalty applicable to an individual.","sortOrder":409},{"sectionNumber":"sec.287","sectionType":"section","heading":"Multiple holders of an approval","content":"### sec.287 Multiple holders of an approval\n\nIf more than one person holds a provider approval or service approval under this Law each holder of the approval is jointly and severally responsible for compliance with this Law.","sortOrder":410},{"sectionNumber":"sec.288","sectionType":"section","heading":"Double jeopardy","content":"### sec.288 Double jeopardy\n\nIf a person has been convicted or found guilty in another participating jurisdiction for an offence against this Law as it applies in that jurisdiction, proceedings cannot be brought in this jurisdiction against the same person in respect of an offence concerning the same subject-matter.","sortOrder":411},{"sectionNumber":"sec.289","sectionType":"section","heading":"Immunity","content":"### sec.289 Immunity\n\nA member of the Board of the National Authority, a committee of the Board or a Ratings Review Panel is not personally liable for anything done or omitted to be done in good faith—\nin the exercise of a power or the performance of a function under this Law; or\nin the reasonable belief that the action or omission was in the exercise of the power or the performance of the function under this Law.\nAny liability resulting from an act or omission that would, but for subsection (1) , attach to an individual referred to in that subsection attaches instead to the National Authority.\nThe Regulatory Authority (if an individual) or a member of the governing body of the Regulatory Authority is not personally liable for anything done or omitted to be done in good faith—\nin the exercise of a power or the performance of a function under this Law; or\nin the reasonable belief that the action or omission was in the exercise of the power or the performance of the function under this Law.\nAny liability resulting from an act or omission that would, but for subsection (3) , attach to an individual referred to in that subsection attaches instead to the State.\n(sec.289-ssec.1) A member of the Board of the National Authority, a committee of the Board or a Ratings Review Panel is not personally liable for anything done or omitted to be done in good faith— in the exercise of a power or the performance of a function under this Law; or in the reasonable belief that the action or omission was in the exercise of the power or the performance of the function under this Law.\n(sec.289-ssec.2) Any liability resulting from an act or omission that would, but for subsection (1) , attach to an individual referred to in that subsection attaches instead to the National Authority.\n(sec.289-ssec.3) The Regulatory Authority (if an individual) or a member of the governing body of the Regulatory Authority is not personally liable for anything done or omitted to be done in good faith— in the exercise of a power or the performance of a function under this Law; or in the reasonable belief that the action or omission was in the exercise of the power or the performance of the function under this Law.\n(sec.289-ssec.4) Any liability resulting from an act or omission that would, but for subsection (3) , attach to an individual referred to in that subsection attaches instead to the State.\n- (a) in the exercise of a power or the performance of a function under this Law; or\n- (b) in the reasonable belief that the action or omission was in the exercise of the power or the performance of the function under this Law.\n- (a) in the exercise of a power or the performance of a function under this Law; or\n- (b) in the reasonable belief that the action or omission was in the exercise of the power or the performance of the function under this Law.","sortOrder":412},{"sectionNumber":"sec.290","sectionType":"section","heading":"Immunity—education law","content":"### sec.290 Immunity—education law\n\nThis section applies if the Regulatory Authority becomes aware of misconduct by a registered teacher or other person who could be subject to disciplinary action under an education law of a participating jurisdiction.\nThe Regulatory Authority may refer the matter to the relevant disciplinary body under the education law.\nIf the Regulatory Authority refers a matter under subsection (2) , a prosecution cannot be brought under this Law for an offence in relation to that matter.\n(sec.290-ssec.1) This section applies if the Regulatory Authority becomes aware of misconduct by a registered teacher or other person who could be subject to disciplinary action under an education law of a participating jurisdiction.\n(sec.290-ssec.2) The Regulatory Authority may refer the matter to the relevant disciplinary body under the education law.\n(sec.290-ssec.3) If the Regulatory Authority refers a matter under subsection (2) , a prosecution cannot be brought under this Law for an offence in relation to that matter.","sortOrder":413},{"sectionNumber":"sec.291","sectionType":"section","heading":"Infringement offences","content":"### sec.291 Infringement offences\n\nAn authorised officer or other person authorised by the Regulatory Authority may serve an infringement notice on a person for a contravention of—\nsection 36 (3) , 68 (1) , 69 (1) , 84 (3) , 161 , 161A , 162 (1) , 163 (1) , 170 (2) , (3) or (4) , 172 , 173 , 174 (1) or (2) , 175 (1) or (3) , 176 (3) , 177 (3) , 178 (7) , 179 (3) , 217 or 269 ;or\noffences against the national regulations that are prescribed for the purposes of this section.\nThe infringement penalty for an offence for which an infringement notice may be served on a person is the amount which is 10 per cent of the maximum penalty that could be imposed on the person in respect of that offence.\nAn infringement notice must be in the form prescribed or contain the information prescribed by the infringements law of this jurisdiction.\nSubject to this section, the infringements law of this jurisdiction applies to infringement notices served under this section in this jurisdiction.\nThe payment of an infringement penalty expiates the offence and is not to be considered in—\nassessing whether a person is a fit and proper person to be involved in the provision of, or to be a supervisor of, an education and care service; or\nassessing an approved education and care service under Part 5 .\ns 291 amd 2017 No. 9 (Vic) s 66 ; 2025 No. 53 (Vic) s 56\n(sec.291-ssec.1) An authorised officer or other person authorised by the Regulatory Authority may serve an infringement notice on a person for a contravention of— section 36 (3) , 68 (1) , 69 (1) , 84 (3) , 161 , 161A , 162 (1) , 163 (1) , 170 (2) , (3) or (4) , 172 , 173 , 174 (1) or (2) , 175 (1) or (3) , 176 (3) , 177 (3) , 178 (7) , 179 (3) , 217 or 269 ;or offences against the national regulations that are prescribed for the purposes of this section.\n(sec.291-ssec.2) The infringement penalty for an offence for which an infringement notice may be served on a person is the amount which is 10 per cent of the maximum penalty that could be imposed on the person in respect of that offence.\n(sec.291-ssec.3) An infringement notice must be in the form prescribed or contain the information prescribed by the infringements law of this jurisdiction.\n(sec.291-ssec.4) Subject to this section, the infringements law of this jurisdiction applies to infringement notices served under this section in this jurisdiction.\n(sec.291-ssec.5) The payment of an infringement penalty expiates the offence and is not to be considered in— assessing whether a person is a fit and proper person to be involved in the provision of, or to be a supervisor of, an education and care service; or assessing an approved education and care service under Part 5 . s 291 amd 2017 No. 9 (Vic) s 66 ; 2025 No. 53 (Vic) s 56\n- (a) section 36 (3) , 68 (1) , 69 (1) , 84 (3) , 161 , 161A , 162 (1) , 163 (1) , 170 (2) , (3) or (4) , 172 , 173 , 174 (1) or (2) , 175 (1) or (3) , 176 (3) , 177 (3) , 178 (7) , 179 (3) , 217 or 269 ;or\n- (b) offences against the national regulations that are prescribed for the purposes of this section.\n- (a) assessing whether a person is a fit and proper person to be involved in the provision of, or to be a supervisor of, an education and care service; or\n- (b) assessing an approved education and care service under Part 5 .","sortOrder":414},{"sectionNumber":"sec.292","sectionType":"section","heading":"Evidentiary certificates","content":"### sec.292 Evidentiary certificates\n\nA certificate purporting to be signed by the chief executive officer of the National Authority or by a Regulatory Authority and stating any of the following matters is prima facie evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Law—\nan appointment, approval or decision;\na notice, direction or requirement;\n(Repealed)\na register, or an extract from a register;\na record, or an extract from a record;\na stated document is another document kept under this Law;\na stated document is a copy of a document mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, a stated person was or was not an approved provider;\non a stated day, or during a stated period, an education and care service was or was not an approved education and care service;\non a stated day, or during a stated period, an approval was or was not subject to a stated condition;\non a stated day, an approval was suspended or cancelled;\non a stated day, or during a stated period, an appointment as authorised officer was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated notice or direction under this Law;\non a stated day, a stated requirement was made of a stated person.\ns 292 amd 2017 No. 9 (Vic) s 53 (5)\n- (a) a stated document is one of the following things made, given, issued or kept under this Law— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) (Repealed) (iv) a register, or an extract from a register; (v) a record, or an extract from a record;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) (Repealed)\n- (iv) a register, or an extract from a register;\n- (v) a record, or an extract from a record;\n- (b) a stated document is another document kept under this Law;\n- (c) a stated document is a copy of a document mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, a stated person was or was not an approved provider;\n- (e) on a stated day, or during a stated period, an education and care service was or was not an approved education and care service;\n- (f) on a stated day, or during a stated period, an approval was or was not subject to a stated condition;\n- (g) on a stated day, an approval was suspended or cancelled;\n- (h) on a stated day, or during a stated period, an appointment as authorised officer was, or was not, in force for a stated person;\n- (i) on a stated day, a stated person was given a stated notice or direction under this Law;\n- (j) on a stated day, a stated requirement was made of a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) (Repealed)\n- (iv) a register, or an extract from a register;\n- (v) a record, or an extract from a record;","sortOrder":415},{"sectionNumber":"pt.14-div.5","sectionType":"division","heading":"Service of notices","content":"## Service of notices","sortOrder":416},{"sectionNumber":"sec.293","sectionType":"section","heading":"Service of notices","content":"### sec.293 Service of notices\n\nIf this Law requires or permits a notice to be served on a person, the notice may be served—\non an individual by—\ndelivering it to the individual personally; or\nleaving it at, or by sending it by post to, the address notified to the sender by the individual as an address at which service of notices under this Law will be accepted or otherwise the address of the place of residence or business of the individual last known to the person serving the document; or\nsending it by facsimile transmission to a facsimile number notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or\nsending it by email to an internet address notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or\non a person other than an individual by—\nleaving it at, or by sending it by post to, the address notified to the sender by the person as an address at which service of notices under this Law will be accepted or otherwise the address of the head office, a registered office or the principal place of business of the person; or\nsending it by facsimile transmission to a facsimile number notified to the sender by the person as an address at which service of notices under this Law will be accepted; or\nsending it by email to an internet address notified to the sender by the person as an address at which service of notices under this Law will be accepted.\nSubsection (1) applies whether the word “deliver”, “give”, “notify”, “send” or “serve” or another expression is used.\nSubsection (1) does not affect the power of a court or tribunal to authorise service of a notice otherwise than as provided in that subsection.\n(sec.293-ssec.1) If this Law requires or permits a notice to be served on a person, the notice may be served— on an individual by— delivering it to the individual personally; or leaving it at, or by sending it by post to, the address notified to the sender by the individual as an address at which service of notices under this Law will be accepted or otherwise the address of the place of residence or business of the individual last known to the person serving the document; or sending it by facsimile transmission to a facsimile number notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or sending it by email to an internet address notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or on a person other than an individual by— leaving it at, or by sending it by post to, the address notified to the sender by the person as an address at which service of notices under this Law will be accepted or otherwise the address of the head office, a registered office or the principal place of business of the person; or sending it by facsimile transmission to a facsimile number notified to the sender by the person as an address at which service of notices under this Law will be accepted; or sending it by email to an internet address notified to the sender by the person as an address at which service of notices under this Law will be accepted.\n(sec.293-ssec.2) Subsection (1) applies whether the word “deliver”, “give”, “notify”, “send” or “serve” or another expression is used.\n(sec.293-ssec.3) Subsection (1) does not affect the power of a court or tribunal to authorise service of a notice otherwise than as provided in that subsection.\n- (a) on an individual by— (i) delivering it to the individual personally; or (ii) leaving it at, or by sending it by post to, the address notified to the sender by the individual as an address at which service of notices under this Law will be accepted or otherwise the address of the place of residence or business of the individual last known to the person serving the document; or (iii) sending it by facsimile transmission to a facsimile number notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or (iv) sending it by email to an internet address notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or\n- (i) delivering it to the individual personally; or\n- (ii) leaving it at, or by sending it by post to, the address notified to the sender by the individual as an address at which service of notices under this Law will be accepted or otherwise the address of the place of residence or business of the individual last known to the person serving the document; or\n- (iii) sending it by facsimile transmission to a facsimile number notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or\n- (iv) sending it by email to an internet address notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or\n- (b) on a person other than an individual by— (i) leaving it at, or by sending it by post to, the address notified to the sender by the person as an address at which service of notices under this Law will be accepted or otherwise the address of the head office, a registered office or the principal place of business of the person; or (ii) sending it by facsimile transmission to a facsimile number notified to the sender by the person as an address at which service of notices under this Law will be accepted; or (iii) sending it by email to an internet address notified to the sender by the person as an address at which service of notices under this Law will be accepted.\n- (i) leaving it at, or by sending it by post to, the address notified to the sender by the person as an address at which service of notices under this Law will be accepted or otherwise the address of the head office, a registered office or the principal place of business of the person; or\n- (ii) sending it by facsimile transmission to a facsimile number notified to the sender by the person as an address at which service of notices under this Law will be accepted; or\n- (iii) sending it by email to an internet address notified to the sender by the person as an address at which service of notices under this Law will be accepted.\n- (i) delivering it to the individual personally; or\n- (ii) leaving it at, or by sending it by post to, the address notified to the sender by the individual as an address at which service of notices under this Law will be accepted or otherwise the address of the place of residence or business of the individual last known to the person serving the document; or\n- (iii) sending it by facsimile transmission to a facsimile number notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or\n- (iv) sending it by email to an internet address notified to the sender by the individual as an address at which service of notices under this Law will be accepted; or\n- (i) leaving it at, or by sending it by post to, the address notified to the sender by the person as an address at which service of notices under this Law will be accepted or otherwise the address of the head office, a registered office or the principal place of business of the person; or\n- (ii) sending it by facsimile transmission to a facsimile number notified to the sender by the person as an address at which service of notices under this Law will be accepted; or\n- (iii) sending it by email to an internet address notified to the sender by the person as an address at which service of notices under this Law will be accepted.","sortOrder":417},{"sectionNumber":"sec.294","sectionType":"section","heading":"Service by post","content":"### sec.294 Service by post\n\nIf a notice authorised or required to be served (whether the word “deliver”, “give”, “notify”, “send” or “serve” or another expression is used) on a person is served by post, service of the notice—\nmay be effected by properly addressing, prepaying and posting a letter containing the document; and\nin Australia or in an external Territory—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected on the fourth day after the letter was posted; and\nin another place—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected at the time when the letter would have been delivered in the ordinary course of the post.\n- (a) may be effected by properly addressing, prepaying and posting a letter containing the document; and\n- (b) in Australia or in an external Territory—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected on the fourth day after the letter was posted; and\n- (c) in another place—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected at the time when the letter would have been delivered in the ordinary course of the post.","sortOrder":418},{"sectionNumber":"pt.14-div.6","sectionType":"division","heading":"False or misleading information","content":"## False or misleading information","sortOrder":419},{"sectionNumber":"sec.295","sectionType":"section","heading":"False or misleading information or documents","content":"### sec.295 False or misleading information or documents\n\nA person must not give the Regulatory Authority or an authorised officer under this Law any information or document that the person knows is false or misleading in a material particular.\nPenalty:\n$20 400, in the case of an individual.\n$103 200, in any other case.\nSubsection (1) does not apply in respect of the giving of a document, if the person when giving the document—\ninforms the Regulatory Authority or authorised officer, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the Regulatory Authority or authorised officer if the person has, or can reasonably obtain, the correct information.\ns 295 amd 2022 No. 43 (Vic) s 95 ; 2025 No. 53 (Vic) s 57\n(sec.295-ssec.1) A person must not give the Regulatory Authority or an authorised officer under this Law any information or document that the person knows is false or misleading in a material particular. Penalty: $20 400, in the case of an individual. $103 200, in any other case.\n(sec.295-ssec.2) Subsection (1) does not apply in respect of the giving of a document, if the person when giving the document— informs the Regulatory Authority or authorised officer, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the Regulatory Authority or authorised officer if the person has, or can reasonably obtain, the correct information.\n- (a) informs the Regulatory Authority or authorised officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the Regulatory Authority or authorised officer if the person has, or can reasonably obtain, the correct information.","sortOrder":420},{"sectionNumber":"pt.14-div.7","sectionType":"division","heading":"Protection from reprisal","content":"## Protection from reprisal","sortOrder":421},{"sectionNumber":"sec.296","sectionType":"section","heading":"Definitions","content":"### sec.296 Definitions\n\nIn this Division—\nprotected disclosure means a disclosure of information or provision of documents to the Regulatory Authority—\npursuant to a request under this Law; or\nwhere the person making the disclosure has a reasonable belief that—\nan offence against this Law has been or is being committed; or\nthe safety, health or wellbeing of a child or children being educated and cared for by an education and care service is at risk;\nserious detrimental action includes dismissal, involuntary transfer, loss of promotion and demotion.\n- (a) pursuant to a request under this Law; or\n- (b) where the person making the disclosure has a reasonable belief that— (i) an offence against this Law has been or is being committed; or (ii) the safety, health or wellbeing of a child or children being educated and cared for by an education and care service is at risk;\n- (i) an offence against this Law has been or is being committed; or\n- (ii) the safety, health or wellbeing of a child or children being educated and cared for by an education and care service is at risk;\n- (i) an offence against this Law has been or is being committed; or\n- (ii) the safety, health or wellbeing of a child or children being educated and cared for by an education and care service is at risk;","sortOrder":422},{"sectionNumber":"sec.297","sectionType":"section","heading":"Protection from reprisal","content":"### sec.297 Protection from reprisal\n\nA person must not take serious detrimental action against a person in reprisal for a protected disclosure.\nPenalty:\n$34 200, in the case of an individual.\n$172 200, in any other case.\nA person takes serious detrimental action in reprisal for a protected disclosure if—\nthe person takes or threatens to take the action because—\na person has made, or intends to make, a protected disclosure; or\nthe person believes that a person has made or intends to make the protected disclosure; or\nthe person incites or permits another person to take or threaten to take the action for either of those reasons.\nIn determining whether a person takes serious detrimental action in reprisal, it is irrelevant whether or not a reason referred to in subsection (2) is the only or dominant reason as long as it is a substantial reason.\ns 297 amd 2022 No. 43 (Vic) s 96 ; 2025 No. 53 (Vic) s 58\n(sec.297-ssec.1) A person must not take serious detrimental action against a person in reprisal for a protected disclosure. Penalty: $34 200, in the case of an individual. $172 200, in any other case.\n(sec.297-ssec.2) A person takes serious detrimental action in reprisal for a protected disclosure if— the person takes or threatens to take the action because— a person has made, or intends to make, a protected disclosure; or the person believes that a person has made or intends to make the protected disclosure; or the person incites or permits another person to take or threaten to take the action for either of those reasons.\n(sec.297-ssec.3) In determining whether a person takes serious detrimental action in reprisal, it is irrelevant whether or not a reason referred to in subsection (2) is the only or dominant reason as long as it is a substantial reason.\n- (a) the person takes or threatens to take the action because— (i) a person has made, or intends to make, a protected disclosure; or (ii) the person believes that a person has made or intends to make the protected disclosure; or\n- (i) a person has made, or intends to make, a protected disclosure; or\n- (ii) the person believes that a person has made or intends to make the protected disclosure; or\n- (b) the person incites or permits another person to take or threaten to take the action for either of those reasons.\n- (i) a person has made, or intends to make, a protected disclosure; or\n- (ii) the person believes that a person has made or intends to make the protected disclosure; or","sortOrder":423},{"sectionNumber":"sec.298","sectionType":"section","heading":"Proceedings for damages for reprisal","content":"### sec.298 Proceedings for damages for reprisal\n\nA person who takes serious detrimental action against a person in reprisal for a protected disclosure is liable in damages to that person.\nThe damages may be recovered in proceedings as for a tort in any court of competent jurisdiction.\nAny remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in proceedings under this section.\nThe right of a person to bring proceedings for damages does not affect any other right or remedy available to the person arising from the serious detrimental action.\n(sec.298-ssec.1) A person who takes serious detrimental action against a person in reprisal for a protected disclosure is liable in damages to that person.\n(sec.298-ssec.2) The damages may be recovered in proceedings as for a tort in any court of competent jurisdiction.\n(sec.298-ssec.3) Any remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in proceedings under this section.\n(sec.298-ssec.4) The right of a person to bring proceedings for damages does not affect any other right or remedy available to the person arising from the serious detrimental action.","sortOrder":424},{"sectionNumber":"sec.299","sectionType":"section","heading":"Application for injunction or order","content":"### sec.299 Application for injunction or order\n\nA person who believes that serious detrimental action has been taken or may be taken against him or her in reprisal for a protected disclosure may apply to the superior court for—\nan order requiring the person who has taken the serious detrimental action to remedy that action; or\nan injunction.\n- (a) an order requiring the person who has taken the serious detrimental action to remedy that action; or\n- (b) an injunction.","sortOrder":425},{"sectionNumber":"sec.300","sectionType":"section","heading":"Injunction or order","content":"### sec.300 Injunction or order\n\nIf, on receipt of an application under section 299 , the superior court is satisfied that a person has taken or intends to take serious detrimental action against a person in reprisal for a protected disclosure, the court may—\norder the person who took the serious detrimental action to remedy that action; or\ngrant an injunction in any terms the court considers appropriate.\nThe superior court, pending the final determination of an application under section 299 , may—\nmake an interim order in the terms of subsection (1) (a) ; or\ngrant an interim injunction.\n(sec.300-ssec.1) If, on receipt of an application under section 299 , the superior court is satisfied that a person has taken or intends to take serious detrimental action against a person in reprisal for a protected disclosure, the court may— order the person who took the serious detrimental action to remedy that action; or grant an injunction in any terms the court considers appropriate.\n(sec.300-ssec.2) The superior court, pending the final determination of an application under section 299 , may— make an interim order in the terms of subsection (1) (a) ; or grant an interim injunction.\n- (a) order the person who took the serious detrimental action to remedy that action; or\n- (b) grant an injunction in any terms the court considers appropriate.\n- (a) make an interim order in the terms of subsection (1) (a) ; or\n- (b) grant an interim injunction.","sortOrder":426},{"sectionNumber":"pt.14-div.8","sectionType":"division","heading":"National regulations","content":"## National regulations","sortOrder":427},{"sectionNumber":"sec.301","sectionType":"section","heading":"National regulations","content":"### sec.301 National regulations\n\nThe Ministerial Council may make regulations for the purposes of this Law.\nThe national regulations may provide for any matter that is required or permitted to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Law.\nWithout limiting subsection (1) , the national regulations may provide for the following—\nfees (including application fees and annual fees) for approvals and other things done under this Law;\nthe indexation of fees;\nstandards for education and care services;\nrequirements for educational programs, including the quality of those programs and their development, documentation and delivery;\nrequirements and standards to be complied with for the safety, health and wellbeing of children being educated and cared for by an education and care service;\nrequirements and standards to be complied with for safety, security, cleanliness, comfort, hygiene and repair of premises, outdoor spaces, fencing, gates, resources and equipment used for providing education and care services;\nrequirements and standards about the premises to be used to provide an education and care service including siting, design, layout, space, security and entitlement to occupy;\nrequirements and standards for the staffing of education and care services including the recruitment (and conduct of criminal history or other security checks) and the appointment of staff, performance improvement, professional standards, professional development, numbers and qualifications of educators (including minimum age and requirements concerning groups of children of different ages and composition) and staffing rosters and arrangements;\nrequirements and standards about educators’ relationships with children, interactions and behaviour guidance and inclusion policies and practice for education and care services;\nrequirements and standards for partnerships between education and care services and the community in which they are located and the families of children being educated and cared for by education and care services, including requirements for services to link to other support services for children and families;\nrequirements and standards as to the leadership and management of education and care services including governance and fitness and propriety of all staff members and volunteers, management of grievances and complaints and the provision of information to families;\nthe records, policies and procedures to be kept by approved providers and family day care educators including enrolment and attendance information;\nrequirements and standards about first aid and management of children’s medical conditions including—\nthe training of educators and staff members; and\nplans, policies and procedures used to manage medical conditions and first aid; and\nthe keeping and storage of first aid kits and medications;\ninformation required to be submitted for applications made under this Law;\nrequirements and standards for the provision and display of information by approved providers;\nthe publication of information about enforcement actions taken under this Law, including notice and review of proposals to publish information;\nmatters relating to the application of this Law to partnerships, eligible associations or prescribed entities;\nrequirements relating to the receipt and payment and distribution of fees and monetary penalties payable under this Law.\nThe national regulations—\nmay be of a general or limited application; and\nmay differ according to differences in time, place (including jurisdiction) or circumstances; and\nmay differ according to the type or class of education and care service and the ages of children being educated and cared for by a service; and\nmay exempt any education and care service or any type or class of education and care service from complying with all or any of the regulations; and\nmay leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a Regulatory Authority; and\nmay apply, adopt or incorporate by reference any document either—\nas in force at the date the national regulations come into operation or at any date before then; or\nwholly or in part or as amended by the national regulations; and\nmay impose penalties not exceeding $6600 for offences against the national regulations.\ns 301 amd 2011 No. 80 (Vic) s 76 ; 2017 No. 9 (Vic) s 53 (6) ; 2022 No. 43 (Vic) s 97 ; 2025 No. 53 (Vic) s 59\n(sec.301-ssec.1) The Ministerial Council may make regulations for the purposes of this Law.\n(sec.301-ssec.2) The national regulations may provide for any matter that is required or permitted to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Law.\n(sec.301-ssec.3) Without limiting subsection (1) , the national regulations may provide for the following— fees (including application fees and annual fees) for approvals and other things done under this Law; the indexation of fees; standards for education and care services; requirements for educational programs, including the quality of those programs and their development, documentation and delivery; requirements and standards to be complied with for the safety, health and wellbeing of children being educated and cared for by an education and care service; requirements and standards to be complied with for safety, security, cleanliness, comfort, hygiene and repair of premises, outdoor spaces, fencing, gates, resources and equipment used for providing education and care services; requirements and standards about the premises to be used to provide an education and care service including siting, design, layout, space, security and entitlement to occupy; requirements and standards for the staffing of education and care services including the recruitment (and conduct of criminal history or other security checks) and the appointment of staff, performance improvement, professional standards, professional development, numbers and qualifications of educators (including minimum age and requirements concerning groups of children of different ages and composition) and staffing rosters and arrangements; requirements and standards about educators’ relationships with children, interactions and behaviour guidance and inclusion policies and practice for education and care services; requirements and standards for partnerships between education and care services and the community in which they are located and the families of children being educated and cared for by education and care services, including requirements for services to link to other support services for children and families; requirements and standards as to the leadership and management of education and care services including governance and fitness and propriety of all staff members and volunteers, management of grievances and complaints and the provision of information to families; the records, policies and procedures to be kept by approved providers and family day care educators including enrolment and attendance information; requirements and standards about first aid and management of children’s medical conditions including— the training of educators and staff members; and plans, policies and procedures used to manage medical conditions and first aid; and the keeping and storage of first aid kits and medications; information required to be submitted for applications made under this Law; requirements and standards for the provision and display of information by approved providers; the publication of information about enforcement actions taken under this Law, including notice and review of proposals to publish information; matters relating to the application of this Law to partnerships, eligible associations or prescribed entities; requirements relating to the receipt and payment and distribution of fees and monetary penalties payable under this Law.\n(sec.301-ssec.4) The national regulations— may be of a general or limited application; and may differ according to differences in time, place (including jurisdiction) or circumstances; and may differ according to the type or class of education and care service and the ages of children being educated and cared for by a service; and may exempt any education and care service or any type or class of education and care service from complying with all or any of the regulations; and may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a Regulatory Authority; and may apply, adopt or incorporate by reference any document either— as in force at the date the national regulations come into operation or at any date before then; or wholly or in part or as amended by the national regulations; and may impose penalties not exceeding $6600 for offences against the national regulations.\n- (a) fees (including application fees and annual fees) for approvals and other things done under this Law;\n- (b) the indexation of fees;\n- (c) standards for education and care services;\n- (d) requirements for educational programs, including the quality of those programs and their development, documentation and delivery;\n- (e) requirements and standards to be complied with for the safety, health and wellbeing of children being educated and cared for by an education and care service;\n- (f) requirements and standards to be complied with for safety, security, cleanliness, comfort, hygiene and repair of premises, outdoor spaces, fencing, gates, resources and equipment used for providing education and care services;\n- (g) requirements and standards about the premises to be used to provide an education and care service including siting, design, layout, space, security and entitlement to occupy;\n- (h) requirements and standards for the staffing of education and care services including the recruitment (and conduct of criminal history or other security checks) and the appointment of staff, performance improvement, professional standards, professional development, numbers and qualifications of educators (including minimum age and requirements concerning groups of children of different ages and composition) and staffing rosters and arrangements;\n- (i) requirements and standards about educators’ relationships with children, interactions and behaviour guidance and inclusion policies and practice for education and care services;\n- (j) requirements and standards for partnerships between education and care services and the community in which they are located and the families of children being educated and cared for by education and care services, including requirements for services to link to other support services for children and families;\n- (k) requirements and standards as to the leadership and management of education and care services including governance and fitness and propriety of all staff members and volunteers, management of grievances and complaints and the provision of information to families;\n- (l) the records, policies and procedures to be kept by approved providers and family day care educators including enrolment and attendance information;\n- (m) requirements and standards about first aid and management of children’s medical conditions including— (i) the training of educators and staff members; and (ii) plans, policies and procedures used to manage medical conditions and first aid; and (iii) the keeping and storage of first aid kits and medications;\n- (i) the training of educators and staff members; and\n- (ii) plans, policies and procedures used to manage medical conditions and first aid; and\n- (iii) the keeping and storage of first aid kits and medications;\n- (n) information required to be submitted for applications made under this Law;\n- (o) requirements and standards for the provision and display of information by approved providers;\n- (p) the publication of information about enforcement actions taken under this Law, including notice and review of proposals to publish information;\n- (q) matters relating to the application of this Law to partnerships, eligible associations or prescribed entities;\n- (r) requirements relating to the receipt and payment and distribution of fees and monetary penalties payable under this Law.\n- (i) the training of educators and staff members; and\n- (ii) plans, policies and procedures used to manage medical conditions and first aid; and\n- (iii) the keeping and storage of first aid kits and medications;\n- (a) may be of a general or limited application; and\n- (b) may differ according to differences in time, place (including jurisdiction) or circumstances; and\n- (c) may differ according to the type or class of education and care service and the ages of children being educated and cared for by a service; and\n- (d) may exempt any education and care service or any type or class of education and care service from complying with all or any of the regulations; and\n- (e) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a Regulatory Authority; and\n- (f) may apply, adopt or incorporate by reference any document either— (i) as in force at the date the national regulations come into operation or at any date before then; or (ii) wholly or in part or as amended by the national regulations; and\n- (i) as in force at the date the national regulations come into operation or at any date before then; or\n- (ii) wholly or in part or as amended by the national regulations; and\n- (g) may impose penalties not exceeding $6600 for offences against the national regulations.\n- (i) as in force at the date the national regulations come into operation or at any date before then; or\n- (ii) wholly or in part or as amended by the national regulations; and","sortOrder":428},{"sectionNumber":"sec.302","sectionType":"section","heading":"Publication of national regulations","content":"### sec.302 Publication of national regulations\n\nThe national regulations are to be published on the NSW Legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales.\nA regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).\n(sec.302-ssec.1) The national regulations are to be published on the NSW Legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales.\n(sec.302-ssec.2) A regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).","sortOrder":429},{"sectionNumber":"sec.303","sectionType":"section","heading":"Parliamentary scrutiny of national regulations","content":"### sec.303 Parliamentary scrutiny of national regulations\n\nThe member of the Ministerial Council representing a participating jurisdiction is to make arrangements for the tabling of a regulation made under this Law in each House of the Parliament of the participating jurisdiction.\nA committee of the Parliament of a participating jurisdiction may consider, and report to the Parliament about, the regulation in the same way the committee may consider and report to the Parliament about regulations made under Acts of that jurisdiction.\nA regulation made under this Law may be disallowed in a participating jurisdiction by a House of the Parliament of that jurisdiction in the same way, and within the same period, that a regulation made under an Act of that jurisdiction may be disallowed.\nA regulation disallowed under subsection (3) does not cease to have effect in the participating jurisdiction, or any other participating jurisdiction, unless the regulation is disallowed in a majority of the participating jurisdictions.\nIf a regulation is disallowed in a majority of the participating jurisdictions, it ceases to have effect in all participating jurisdictions on the day of its disallowance in the last of the jurisdictions forming the majority.\nIn this section—\nregulation includes a provision of a regulation.\n(sec.303-ssec.1) The member of the Ministerial Council representing a participating jurisdiction is to make arrangements for the tabling of a regulation made under this Law in each House of the Parliament of the participating jurisdiction.\n(sec.303-ssec.2) A committee of the Parliament of a participating jurisdiction may consider, and report to the Parliament about, the regulation in the same way the committee may consider and report to the Parliament about regulations made under Acts of that jurisdiction.\n(sec.303-ssec.3) A regulation made under this Law may be disallowed in a participating jurisdiction by a House of the Parliament of that jurisdiction in the same way, and within the same period, that a regulation made under an Act of that jurisdiction may be disallowed.\n(sec.303-ssec.4) A regulation disallowed under subsection (3) does not cease to have effect in the participating jurisdiction, or any other participating jurisdiction, unless the regulation is disallowed in a majority of the participating jurisdictions.\n(sec.303-ssec.5) If a regulation is disallowed in a majority of the participating jurisdictions, it ceases to have effect in all participating jurisdictions on the day of its disallowance in the last of the jurisdictions forming the majority.\n(sec.303-ssec.6) In this section— regulation includes a provision of a regulation.","sortOrder":430},{"sectionNumber":"sec.304","sectionType":"section","heading":"Effect of disallowance of national regulation","content":"### sec.304 Effect of disallowance of national regulation\n\nThe disallowance of a regulation in a majority of jurisdictions has the same effect as a repeal of the regulation.\nIf a regulation ceases to have effect under section 303 any law or provision of a law repealed or amended by the regulation is revived as if the disallowed regulation had not been made.\nThe restoration or revival of a law under subsection (2) takes effect at the beginning of the day on which the disallowed regulation by which it was amended or repealed ceases to have effect.\nIn this section—\nregulation includes a provision of a regulation.\n(sec.304-ssec.1) The disallowance of a regulation in a majority of jurisdictions has the same effect as a repeal of the regulation.\n(sec.304-ssec.2) If a regulation ceases to have effect under section 303 any law or provision of a law repealed or amended by the regulation is revived as if the disallowed regulation had not been made.\n(sec.304-ssec.3) The restoration or revival of a law under subsection (2) takes effect at the beginning of the day on which the disallowed regulation by which it was amended or repealed ceases to have effect.\n(sec.304-ssec.4) In this section— regulation includes a provision of a regulation.","sortOrder":431},{"sectionNumber":"pt.15","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":432},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"Introductory","content":"## Introductory","sortOrder":433},{"sectionNumber":"sec.305","sectionType":"section","heading":"Definitions","content":"### sec.305 Definitions\n\nIn this Part—\ndeclared approved family day care service , in relation to a participating jurisdiction, means an education and care service that is declared by a law of that jurisdiction to be a declared approved family day care service for the purposes of this Law;\ndeclared approved family day care venue , in relation to a participating jurisdiction, means a place other than a residence that is declared by a law of that jurisdiction to be a declared approved family day care venue for the purposes of this Law;\ndeclared approved provider , in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared approved provider for the purposes of this Law;\ndeclared approved service , in relation to a participating jurisdiction, means an education and care service that is declared by a law of that jurisdiction to be a declared approved service for the purposes of this Law;\ndeclared certified supervisor , in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared certified supervisor for the purposes of this Law;\ndeclared compliance notice , in relation to a participating jurisdiction, means an order or notice under a former education and care services law that is declared by a law of that jurisdiction to be a declared compliance notice for the purposes of this Law;\ndeclared enforceable undertaking , in relation to a participating jurisdiction, means an undertaking entered into under a former education and care services law that is declared by a law of that jurisdiction to be a declared enforceable undertaking under this Law;\ndeclared nominated supervisor , in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared nominated supervisor for the purposes of this Law;\ndeclared out of scope service , in relation to a participating jurisdiction, means an education and care service—\nfor which a former approval was not required under a former education and care services law; and\nthat is declared by a law of that jurisdiction to be a declared out of scope service for the purposes of this Law;\nformer approval , in relation to a participating jurisdiction, means an approval, licence or other authorisation under a former education and care services law that is declared by a law of that jurisdiction to be a former approval for the purposes of this Law;\nscheme commencement day means the day on which Parts 2, 3 and 4 of this Law commence.\n- (a) for which a former approval was not required under a former education and care services law; and\n- (b) that is declared by a law of that jurisdiction to be a declared out of scope service for the purposes of this Law;","sortOrder":434},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"Education and care services","content":"## Education and care services","sortOrder":435},{"sectionNumber":"sec.306","sectionType":"section","heading":"Approved provider","content":"### sec.306 Approved provider\n\nAny person who immediately before the scheme commencement day was a declared approved provider is taken to be an approved provider under this Law.\nSubsection (1) does not apply if the declared approved provider is a prescribed ineligible person.\nSubsection (1) does not apply to a declared approved provider whose former approval was suspended under the former education and care services law immediately before the scheme commencement day because the provider was not a fit and proper person (however described) to operate the declared approved service.\nIf a declared approved provider is a trust, the trustee or trustees of the trust are taken to be an approved provider under this Law.\nThe trust must, within 30 days after the scheme commencement day, notify the Regulatory Authority of the identity of the trustees of the trust.\nIf a notice is not given under subsection (5) within the required period, each trustee of the trust ceases to be an approved provider under this Law at the end of that period.\nIf a person is taken under this section to be an approved provider, the person is taken to be the holder of a provider approval for the purposes of this Law.\nIf a person is taken under this section to hold a provider approval, any conditions of the former approval relating to that person are taken to be conditions of the provider approval unless they are inconsistent with this Law.\nThe Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to be the holder of a provider approval with a copy of the provider approval setting out the relevant matters in section 20.\n(sec.306-ssec.1) Any person who immediately before the scheme commencement day was a declared approved provider is taken to be an approved provider under this Law.\n(sec.306-ssec.2) Subsection (1) does not apply if the declared approved provider is a prescribed ineligible person.\n(sec.306-ssec.3) Subsection (1) does not apply to a declared approved provider whose former approval was suspended under the former education and care services law immediately before the scheme commencement day because the provider was not a fit and proper person (however described) to operate the declared approved service.\n(sec.306-ssec.4) If a declared approved provider is a trust, the trustee or trustees of the trust are taken to be an approved provider under this Law.\n(sec.306-ssec.5) The trust must, within 30 days after the scheme commencement day, notify the Regulatory Authority of the identity of the trustees of the trust.\n(sec.306-ssec.6) If a notice is not given under subsection (5) within the required period, each trustee of the trust ceases to be an approved provider under this Law at the end of that period.\n(sec.306-ssec.7) If a person is taken under this section to be an approved provider, the person is taken to be the holder of a provider approval for the purposes of this Law.\n(sec.306-ssec.8) If a person is taken under this section to hold a provider approval, any conditions of the former approval relating to that person are taken to be conditions of the provider approval unless they are inconsistent with this Law.\n(sec.306-ssec.9) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to be the holder of a provider approval with a copy of the provider approval setting out the relevant matters in section 20.","sortOrder":436},{"sectionNumber":"sec.307","sectionType":"section","heading":"Service approvals","content":"### sec.307 Service approvals\n\nAny person who immediately before the scheme commencement day held a former approval in respect of a declared approved service (other than a declared approved family day care service) is taken to hold a service approval in respect of that service under this Law.\nAny person who immediately before the scheme commencement day held a former approval with respect to a declared approved family day care service is taken to hold a service approval for that family day care service under this Law.\nSubsections (1) and (2) do not apply if the person is a prescribed ineligible person.\nIf subsection (1) or (2) applies, the declared approved service is taken from the scheme commencement day to be an approved education and care service.\nThis section does not apply to a former approval that was under suspension under the former education and care services law immediately before the scheme commencement day because the person who held that approval was not a fit and proper person (however described) to operate the declared approved service.\nIf a former approval was under suspension under the former education and care services law immediately before the scheme commencement day for a reason other than the reason in subsection (5), the service approval for the education and care service under this Law is taken to be suspended under this Law for the period of the suspension.\nThe Regulatory Authority must determine before the expiry of the period of suspension referred to in subsection (6) (other than for a voluntary suspension) whether—\nthe suspension should be cancelled or a further period of suspension should be imposed; or\nthe service approval should be cancelled.\nAny conditions imposed on the former approval under the former education and care services law are taken to be conditions on the service approval unless the conditions are inconsistent with this Law.\nThe Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to hold a former approval in respect of a declared approved service with a copy of the service approval for the service setting out the relevant matters in section 52.\ns 307 amd 2011 No. 80 (Vic) s 77\n(sec.307-ssec.1) Any person who immediately before the scheme commencement day held a former approval in respect of a declared approved service (other than a declared approved family day care service) is taken to hold a service approval in respect of that service under this Law.\n(sec.307-ssec.2) Any person who immediately before the scheme commencement day held a former approval with respect to a declared approved family day care service is taken to hold a service approval for that family day care service under this Law.\n(sec.307-ssec.3) Subsections (1) and (2) do not apply if the person is a prescribed ineligible person.\n(sec.307-ssec.4) If subsection (1) or (2) applies, the declared approved service is taken from the scheme commencement day to be an approved education and care service.\n(sec.307-ssec.5) This section does not apply to a former approval that was under suspension under the former education and care services law immediately before the scheme commencement day because the person who held that approval was not a fit and proper person (however described) to operate the declared approved service.\n(sec.307-ssec.6) If a former approval was under suspension under the former education and care services law immediately before the scheme commencement day for a reason other than the reason in subsection (5), the service approval for the education and care service under this Law is taken to be suspended under this Law for the period of the suspension.\n(sec.307-ssec.7) The Regulatory Authority must determine before the expiry of the period of suspension referred to in subsection (6) (other than for a voluntary suspension) whether— the suspension should be cancelled or a further period of suspension should be imposed; or the service approval should be cancelled.\n(sec.307-ssec.8) Any conditions imposed on the former approval under the former education and care services law are taken to be conditions on the service approval unless the conditions are inconsistent with this Law.\n(sec.307-ssec.9) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to hold a former approval in respect of a declared approved service with a copy of the service approval for the service setting out the relevant matters in section 52.\n- (a) the suspension should be cancelled or a further period of suspension should be imposed; or\n- (b) the service approval should be cancelled.","sortOrder":437},{"sectionNumber":"sec.308","sectionType":"section","heading":"Approved family day care venues","content":"### sec.308 Approved family day care venues\n\nA declared approved family day care venue existing under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be an approved family day care venue under this Law.","sortOrder":438},{"sectionNumber":"sec.309","sectionType":"section","heading":"Approval of declared out of scope services","content":"### sec.309 Approval of declared out of scope services\n\nA person who operated a declared out of scope service immediately before the scheme commencement day is taken under this Law to hold a provider approval and a service approval for the declared out of scope service for the period from and including 1 January 2012—\nto 30 June 2012, unless paragraph (b) applies; or\nif the person applies under this Law to the Regulatory Authority for a provider approval and for a service approval and the applications are received by the Regulatory Authority on or before 30 June 2012, to the date on which those applications are finally determined under this Law.\n- (a) to 30 June 2012, unless paragraph (b) applies; or\n- (b) if the person applies under this Law to the Regulatory Authority for a provider approval and for a service approval and the applications are received by the Regulatory Authority on or before 30 June 2012, to the date on which those applications are finally determined under this Law.","sortOrder":439},{"sectionNumber":"sec.310","sectionType":"section","heading":"Application for service waiver or temporary waiver","content":"### sec.310 Application for service waiver or temporary waiver\n\nThis section applies to an education and care service that was exempt under a former education and care services law from a requirement of that law.\nThe education and care service is taken to comply with an equivalent requirement under this Law for the period from and including 1 January 2012—\nto 31 March 2012, unless paragraph (b) applies; or\nif the provider of the education and care service applies to the Regulatory Authority under this Law for a temporary waiver or service waiver under this Law in respect of that requirement and the application is received by the Regulatory Authority on or before 31 March 2012, to the date on which the application is finally determined under this Law.\n(sec.310-ssec.1) This section applies to an education and care service that was exempt under a former education and care services law from a requirement of that law.\n(sec.310-ssec.2) The education and care service is taken to comply with an equivalent requirement under this Law for the period from and including 1 January 2012— to 31 March 2012, unless paragraph (b) applies; or if the provider of the education and care service applies to the Regulatory Authority under this Law for a temporary waiver or service waiver under this Law in respect of that requirement and the application is received by the Regulatory Authority on or before 31 March 2012, to the date on which the application is finally determined under this Law.\n- (a) to 31 March 2012, unless paragraph (b) applies; or\n- (b) if the provider of the education and care service applies to the Regulatory Authority under this Law for a temporary waiver or service waiver under this Law in respect of that requirement and the application is received by the Regulatory Authority on or before 31 March 2012, to the date on which the application is finally determined under this Law.","sortOrder":440},{"sectionNumber":"sec.311","sectionType":"section","heading":"Existing applicants","content":"### sec.311 Existing applicants\n\nThis section applies if a person has made an application for a former approval under a former education and care services law in respect of an education and care service before the scheme commencement day.\nThe applicant is taken to be an applicant for a provider approval and a service approval under this Law.\nThe Regulatory Authority may—\nask the applicant for more information; and\ninspect—\nthe premises of the service and the offices of the applicant; and\nany documents relating to the applicant; and\nexercise any power under section 14 or section 46 in relation to the application.\nThis section does not apply if the applicant is a prescribed ineligible person.\n(sec.311-ssec.1) This section applies if a person has made an application for a former approval under a former education and care services law in respect of an education and care service before the scheme commencement day.\n(sec.311-ssec.2) The applicant is taken to be an applicant for a provider approval and a service approval under this Law.\n(sec.311-ssec.3) The Regulatory Authority may— ask the applicant for more information; and inspect— the premises of the service and the offices of the applicant; and any documents relating to the applicant; and exercise any power under section 14 or section 46 in relation to the application.\n(sec.311-ssec.4) This section does not apply if the applicant is a prescribed ineligible person.\n- (a) ask the applicant for more information; and\n- (b) inspect— (i) the premises of the service and the offices of the applicant; and (ii) any documents relating to the applicant; and\n- (i) the premises of the service and the offices of the applicant; and\n- (ii) any documents relating to the applicant; and\n- (c) exercise any power under section 14 or section 46 in relation to the application.\n- (i) the premises of the service and the offices of the applicant; and\n- (ii) any documents relating to the applicant; and","sortOrder":441},{"sectionNumber":"sec.312","sectionType":"section","heading":"Existing multiple approvals to merge","content":"### sec.312 Existing multiple approvals to merge\n\nIf the holder of a former approval held more than one former approval in respect of the same premises, the former approvals are taken to be one service approval in respect of those premises for the purposes of this Law.\nThis section does not apply to a former approval for a family day care service.\nThis section does not apply to a former approval to which section 311 applies.\n(sec.312-ssec.1) If the holder of a former approval held more than one former approval in respect of the same premises, the former approvals are taken to be one service approval in respect of those premises for the purposes of this Law.\n(sec.312-ssec.2) This section does not apply to a former approval for a family day care service.\n(sec.312-ssec.3) This section does not apply to a former approval to which section 311 applies.","sortOrder":442},{"sectionNumber":"sec.313","sectionType":"section","heading":"Display of accreditation and rating","content":"### sec.313 Display of accreditation and rating\n\nThis section applies to a declared approved service that is taken under this Part to be an approved education and care service.\nThe approved provider must display the provisional rating of that approved education and care service in accordance with section 172 until a first rating assessment is completed and a rating level given to the service after that assessment is published under Part 5.\nIf the education and care service was accredited by the National Child Care Accreditation Council before the scheme commencement day, the approved provider of the education and care service must continue to display that accreditation at the service together with the provisional rating until a first rating assessment is completed and a rating (other than a provisional rating) given to the service after that assessment is published under Part 5.\n(sec.313-ssec.1) This section applies to a declared approved service that is taken under this Part to be an approved education and care service.\n(sec.313-ssec.2) The approved provider must display the provisional rating of that approved education and care service in accordance with section 172 until a first rating assessment is completed and a rating level given to the service after that assessment is published under Part 5.\n(sec.313-ssec.3) If the education and care service was accredited by the National Child Care Accreditation Council before the scheme commencement day, the approved provider of the education and care service must continue to display that accreditation at the service together with the provisional rating until a first rating assessment is completed and a rating (other than a provisional rating) given to the service after that assessment is published under Part 5.","sortOrder":443},{"sectionNumber":"sec.314","sectionType":"section","heading":"Effect of non-compliance in 3 years before scheme commencement day","content":"### sec.314 Effect of non-compliance in 3 years before scheme commencement day\n\nIn determining whether to suspend or cancel under Part 2 a provider approval referred to in section 306, the Regulatory Authority—\nmay take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but\nmust not suspend or cancel the provider approval solely on the basis of that non-compliance.\nIn determining whether to suspend or cancel under Part 3 a service approval referred to in section 307(1), the Regulatory Authority—\nmay take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but\nmust not suspend or cancel the service approval solely on the basis of that non-compliance.\n(sec.314-ssec.1) In determining whether to suspend or cancel under Part 2 a provider approval referred to in section 306, the Regulatory Authority— may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but must not suspend or cancel the provider approval solely on the basis of that non-compliance.\n(sec.314-ssec.2) In determining whether to suspend or cancel under Part 3 a service approval referred to in section 307(1), the Regulatory Authority— may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but must not suspend or cancel the service approval solely on the basis of that non-compliance.\n- (a) may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but\n- (b) must not suspend or cancel the provider approval solely on the basis of that non-compliance.\n- (a) may take into account any non-compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but\n- (b) must not suspend or cancel the service approval solely on the basis of that non-compliance.","sortOrder":444},{"sectionNumber":"sec.315","sectionType":"section","heading":"Certified supervisors","content":"### sec.315 Certified supervisors\n\nA person who was a declared certified supervisor immediately before the scheme commencement day is taken to be a certified supervisor under this Law.\nThe Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to be a certified supervisor with a copy of the supervisor certificate setting out the relevant matters in section 116.\nSubsection (1) applies even if the declared certified supervisor was suspended immediately before the scheme commencement day but the person’s supervisor certificate under this Law is taken to be suspended for the remaining period that the person was suspended as a declared certified supervisor.\n(sec.315-ssec.1) A person who was a declared certified supervisor immediately before the scheme commencement day is taken to be a certified supervisor under this Law.\n(sec.315-ssec.2) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to be a certified supervisor with a copy of the supervisor certificate setting out the relevant matters in section 116.\n(sec.315-ssec.3) Subsection (1) applies even if the declared certified supervisor was suspended immediately before the scheme commencement day but the person’s supervisor certificate under this Law is taken to be suspended for the remaining period that the person was suspended as a declared certified supervisor.","sortOrder":445},{"sectionNumber":"sec.316","sectionType":"section","heading":"Nominated supervisors","content":"### sec.316 Nominated supervisors\n\nA person who immediately before the scheme commencement day was a declared nominated supervisor for a declared approved service that is taken under section 307 to be an approved education and care service is taken to be the nominated supervisor for that approved education and care service.\nSubsection (1) ceases to apply if—\nthe approved provider does not confirm the nomination within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority; or\nthe person advises the Regulatory Authority in writing that the person does not consent to being the nominated supervisor of the education and care service.\nSubsection (1) also ceases to apply if—\nthe approved provider for the service does not nominate a declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority, or\nthe approved provider for the service nominates another declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority.\n(sec.316-ssec.1) A person who immediately before the scheme commencement day was a declared nominated supervisor for a declared approved service that is taken under section 307 to be an approved education and care service is taken to be the nominated supervisor for that approved education and care service.\n(sec.316-ssec.2) Subsection (1) ceases to apply if— the approved provider does not confirm the nomination within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority; or the person advises the Regulatory Authority in writing that the person does not consent to being the nominated supervisor of the education and care service.\n(sec.316-ssec.3) Subsection (1) also ceases to apply if— the approved provider for the service does not nominate a declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority, or the approved provider for the service nominates another declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority.\n- (a) the approved provider does not confirm the nomination within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority; or\n- (b) the person advises the Regulatory Authority in writing that the person does not consent to being the nominated supervisor of the education and care service.\n- (a) the approved provider for the service does not nominate a declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority, or\n- (b) the approved provider for the service nominates another declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority.","sortOrder":446},{"sectionNumber":"sec.317","sectionType":"section","heading":"Notices and undertakings","content":"### sec.317 Notices and undertakings\n\nA declared compliance notice in force under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be a compliance notice under this Law.\nA declared enforceable undertaking in force under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be an enforceable undertaking under this Law.\n(sec.317-ssec.1) A declared compliance notice in force under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be a compliance notice under this Law.\n(sec.317-ssec.2) A declared enforceable undertaking in force under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be an enforceable undertaking under this Law.","sortOrder":447},{"sectionNumber":"sec.318","sectionType":"section","heading":"Offences","content":"### sec.318 Offences\n\nThe Regulatory Authority may bring or continue a prosecution for any offence under a former education and care services law in relation to a service that is taken to be an education and care service.","sortOrder":448},{"sectionNumber":"pt.15-div.3","sectionType":"division","heading":"National Authority","content":"## National Authority","sortOrder":449},{"sectionNumber":"sec.319","sectionType":"section","heading":"First meeting of National Authority","content":"### sec.319 First meeting of National Authority\n\nDespite section 239, the Ministerial Council is to convene the first meeting of the Board of the National Authority.","sortOrder":450},{"sectionNumber":"sec.320","sectionType":"section","heading":"First chief executive officer of National Authority","content":"### sec.320 First chief executive officer of National Authority\n\nDespite section 248, the first chief executive officer of the National Authority is to be appointed by the Chairperson of the Ministerial Council on the basis of a consensus recommendation of the Ministerial Council.\nThe appointment is to be on the remuneration and other terms and conditions set out in the appointment.\nAny amount payable to the first chief executive officer under the appointment is payable from the Authority Fund.\n(sec.320-ssec.1) Despite section 248, the first chief executive officer of the National Authority is to be appointed by the Chairperson of the Ministerial Council on the basis of a consensus recommendation of the Ministerial Council.\n(sec.320-ssec.2) The appointment is to be on the remuneration and other terms and conditions set out in the appointment.\n(sec.320-ssec.3) Any amount payable to the first chief executive officer under the appointment is payable from the Authority Fund.","sortOrder":451},{"sectionNumber":"sec.321","sectionType":"section","heading":"First annual report of National Authority","content":"### sec.321 First annual report of National Authority\n\nDespite section 279, the first annual report of the National Authority—\nis to be made within 4 months after the end of the financial year ending 30 June 2012; and\nis to cover the period from the first meeting of the National Authority until 30 June 2012.\n- (a) is to be made within 4 months after the end of the financial year ending 30 June 2012; and\n- (b) is to cover the period from the first meeting of the National Authority until 30 June 2012.","sortOrder":452},{"sectionNumber":"pt.15-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":453},{"sectionNumber":"sec.322","sectionType":"section","heading":"Information retention and sharing","content":"### sec.322 Information retention and sharing\n\nThe Regulatory Authority must, in accordance with the national regulations, keep all prescribed information held by the Regulatory Authority (or any regulatory body under the former education and care services law) in relation to—\nthe licensing or approval of education and care services under the former education and care services law; and\nthe monitoring and enforcement of the former education and care services law in relation to education and care services.\nInformation referred to in subsection (1) may be—\nused for information purposes under this Law; and\nheld by the Regulatory Authority in any form; and\nmade available to the Regulatory Authorities of other participating jurisdictions and the National Authority.\nA provider of an education and care service existing immediately before the scheme commencement day must, in accordance with the national regulations—\ncontinue to keep all documents required under the former education and care services law to be kept in respect of the service; and\nmake those documents available to the Regulatory Authority on request.\nPenalty:\n$13 500, in the case of an individual.\n$68 700, in any other case.\ns 322 amd 2022 No. 43 (Vic) s 98 ; 2025 No. 53 (Vic) s 60\n(sec.322-ssec.1) The Regulatory Authority must, in accordance with the national regulations, keep all prescribed information held by the Regulatory Authority (or any regulatory body under the former education and care services law) in relation to— the licensing or approval of education and care services under the former education and care services law; and the monitoring and enforcement of the former education and care services law in relation to education and care services.\n(sec.322-ssec.2) Information referred to in subsection (1) may be— used for information purposes under this Law; and held by the Regulatory Authority in any form; and made available to the Regulatory Authorities of other participating jurisdictions and the National Authority.\n(sec.322-ssec.3) A provider of an education and care service existing immediately before the scheme commencement day must, in accordance with the national regulations— continue to keep all documents required under the former education and care services law to be kept in respect of the service; and make those documents available to the Regulatory Authority on request. Penalty: $13 500, in the case of an individual. $68 700, in any other case. s 322 amd 2022 No. 43 (Vic) s 98 ; 2025 No. 53 (Vic) s 60\n- (a) the licensing or approval of education and care services under the former education and care services law; and\n- (b) the monitoring and enforcement of the former education and care services law in relation to education and care services.\n- (a) used for information purposes under this Law; and\n- (b) held by the Regulatory Authority in any form; and\n- (c) made available to the Regulatory Authorities of other participating jurisdictions and the National Authority.\n- (a) continue to keep all documents required under the former education and care services law to be kept in respect of the service; and\n- (b) make those documents available to the Regulatory Authority on request.","sortOrder":454},{"sectionNumber":"sec.323","sectionType":"section","heading":"Approved learning framework","content":"### sec.323 Approved learning framework\n\nA declared approved learning framework is taken to be an approved learning framework under this Law.","sortOrder":455},{"sectionNumber":"sec.324","sectionType":"section","heading":"Savings and transitional regulations","content":"### sec.324 Savings and transitional regulations\n\nThe national regulations may contain provisions ( savings and transitional provisions ) of a savings or transitional nature—\nconsequential on the enactment of this Law in a participating jurisdiction; or\nto otherwise allow or facilitate the change from the operation of a former education and care services law of a participating jurisdiction to the operation of this Law.\nSavings and transitional regulations may have retrospective operation to a day not earlier than the day on which section 1 of this Law commences.\n(sec.324-ssec.1) The national regulations may contain provisions ( savings and transitional provisions ) of a savings or transitional nature— consequential on the enactment of this Law in a participating jurisdiction; or to otherwise allow or facilitate the change from the operation of a former education and care services law of a participating jurisdiction to the operation of this Law.\n(sec.324-ssec.2) Savings and transitional regulations may have retrospective operation to a day not earlier than the day on which section 1 of this Law commences.\n- (a) consequential on the enactment of this Law in a participating jurisdiction; or\n- (b) to otherwise allow or facilitate the change from the operation of a former education and care services law of a participating jurisdiction to the operation of this Law.","sortOrder":456},{"sectionNumber":"sec.324A","sectionType":"section","heading":"Regulations dealing with transitional matters— Early Childhood Legislation Amendment (Child Safety) Act 2025","content":"### sec.324A Regulations dealing with transitional matters— Early Childhood Legislation Amendment (Child Safety) Act 2025\n\nThe Ministerial Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Early Childhood Legislation Amendment (Child Safety) Act 2025 , including any repeals and amendments made by, or as a result of, the enactment of that Act.\nRegulations made under this section may—\nhave a retrospective effect to the day on which the Early Childhood Legislation Amendment (Child Safety) Act 2025 receives the Royal Assent; and\nbe of limited or general application; and\ndiffer according to time, place or circumstances; and\nleave any matter or thing to be decided by a specified person or class of person.\nRegulations under this section have effect despite anything to the contrary in any Act (other than this Law) or in any subordinate instrument.\nThis section is repealed on the second anniversary of its commencement.\ns 324A ins 2025 No. 53 (Vic) s 12\n(sec.324A-ssec.1) The Ministerial Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Early Childhood Legislation Amendment (Child Safety) Act 2025 , including any repeals and amendments made by, or as a result of, the enactment of that Act.\n(sec.324A-ssec.2) Regulations made under this section may— have a retrospective effect to the day on which the Early Childhood Legislation Amendment (Child Safety) Act 2025 receives the Royal Assent; and be of limited or general application; and differ according to time, place or circumstances; and leave any matter or thing to be decided by a specified person or class of person.\n(sec.324A-ssec.3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Law) or in any subordinate instrument.\n(sec.324A-ssec.4) This section is repealed on the second anniversary of its commencement.\n- (a) have a retrospective effect to the day on which the Early Childhood Legislation Amendment (Child Safety) Act 2025 receives the Royal Assent; and\n- (b) be of limited or general application; and\n- (c) differ according to time, place or circumstances; and\n- (d) leave any matter or thing to be decided by a specified person or class of person.","sortOrder":457},{"sectionNumber":"pt.15-div.5","sectionType":"division","heading":"Transitional provisions—Education and Care Services National Law Amendment Act 2017","content":"## Transitional provisions—Education and Care Services National Law Amendment Act 2017","sortOrder":458},{"sectionNumber":"sec.325","sectionType":"section","heading":"Definitions","content":"### sec.325 Definitions\n\nIn this Division—\n2017 Act means the Education and Care Services National Law Amendment Act 2017 ;\ncommencement day , in relation to a participating jurisdiction, means the date of commencement of this Division in that jurisdiction.\ns 325 ins 2017 No. 9 (Vic) s 67","sortOrder":459},{"sectionNumber":"sec.326","sectionType":"section","heading":"Approved family day care venues","content":"### sec.326 Approved family day care venues\n\nIn this section—\nappointed day means the day that is 6 months after the commencement day;\nformerly approved family day care venue means a family day care venue that, immediately before the commencement day, was an approved family day care venue.\nSubject to subsection (3), a formerly approved family day care venue ceases to be an approved family day care venue on the appointed day unless, before the appointed day the Regulatory Authority, on application by the approved provider under section 54 (as amended by the 2017 Act), approves the venue as a family day care venue.\nIf, before the appointed day, the Regulatory Authority had not determined an application by an approved provider under section 54 (as amended by the 2017 Act) for approval of the venue, the formerly approved family day care venue continues to be an approved family day care venue until the application is determined.\nDespite section 54(5), the Regulatory Authority must make a decision on an application made under section 54 for approval of a formerly approved family day care venue within 6 months of receiving the application.\ns 326 ins 2017 No. 9 (Vic) s 67\n(sec.326-ssec.1) In this section— appointed day means the day that is 6 months after the commencement day; formerly approved family day care venue means a family day care venue that, immediately before the commencement day, was an approved family day care venue.\n(sec.326-ssec.2) Subject to subsection (3), a formerly approved family day care venue ceases to be an approved family day care venue on the appointed day unless, before the appointed day the Regulatory Authority, on application by the approved provider under section 54 (as amended by the 2017 Act), approves the venue as a family day care venue.\n(sec.326-ssec.3) If, before the appointed day, the Regulatory Authority had not determined an application by an approved provider under section 54 (as amended by the 2017 Act) for approval of the venue, the formerly approved family day care venue continues to be an approved family day care venue until the application is determined.\n(sec.326-ssec.4) Despite section 54(5), the Regulatory Authority must make a decision on an application made under section 54 for approval of a formerly approved family day care venue within 6 months of receiving the application.","sortOrder":460},{"sectionNumber":"sec.327","sectionType":"section","heading":"Declared approved family day care venues continue to be approved","content":"### sec.327 Declared approved family day care venues continue to be approved\n\nDespite section 326, a declared approved family day care venue that was taken under section 308 to be an approved family day care venue continues, on and after the commencement day, to be an approved family day care venue for the purposes of this Law.\ns 327 ins 2017 No. 9 (Vic) s 67","sortOrder":461},{"sectionNumber":"sec.328","sectionType":"section","heading":"Service approval condition requiring sufficient family day care co-ordinators","content":"### sec.328 Service approval condition requiring sufficient family day care co-ordinators\n\nIn this section—\nappointed day means the day that is 12 months after the commencement day.\nThis section applies to a family day care service if, immediately before the commencement day—\nthe service was an approved family day care service; and\nthe service approval included a condition referred to in section 51(2).\nDespite the commencement of the 2017 Act, sections 51(2) and 163, as in force immediately before the commencement day, continue to apply to the approved family day care service until the appointed day, unless the Regulatory Authority earlier amends the service approval to impose a condition under section 55A.\ns 328 ins 2017 No. 9 (Vic) s 67\n(sec.328-ssec.1) In this section— appointed day means the day that is 12 months after the commencement day.\n(sec.328-ssec.2) This section applies to a family day care service if, immediately before the commencement day— the service was an approved family day care service; and the service approval included a condition referred to in section 51(2).\n(sec.328-ssec.3) Despite the commencement of the 2017 Act, sections 51(2) and 163, as in force immediately before the commencement day, continue to apply to the approved family day care service until the appointed day, unless the Regulatory Authority earlier amends the service approval to impose a condition under section 55A. s 328 ins 2017 No. 9 (Vic) s 67\n- (a) the service was an approved family day care service; and\n- (b) the service approval included a condition referred to in section 51(2).","sortOrder":462},{"sectionNumber":"sec.329","sectionType":"section","heading":"Service approval condition requiring minimum number of family day care co-ordinators","content":"### sec.329 Service approval condition requiring minimum number of family day care co-ordinators\n\nThis section applies to a family day care service if, immediately before the commencement day—\nthe service was an approved family day care service; and\nthe service approval included a condition requiring the service provide a specified minimum number of family day care co-ordinators.\nDespite the commencement of the 2017 Act, section 163, as in force immediately before the commencement day, and the condition requiring the service provide a specified minimum number of family day care co-ordinators continue to apply to the approved family day care service until the condition is amended under section 54 or 55.\ns 329 ins 2017 No. 9 (Vic) s 67\n(sec.329-ssec.1) This section applies to a family day care service if, immediately before the commencement day— the service was an approved family day care service; and the service approval included a condition requiring the service provide a specified minimum number of family day care co-ordinators.\n(sec.329-ssec.2) Despite the commencement of the 2017 Act, section 163, as in force immediately before the commencement day, and the condition requiring the service provide a specified minimum number of family day care co-ordinators continue to apply to the approved family day care service until the condition is amended under section 54 or 55. s 329 ins 2017 No. 9 (Vic) s 67\n- (a) the service was an approved family day care service; and\n- (b) the service approval included a condition requiring the service provide a specified minimum number of family day care co-ordinators.","sortOrder":463},{"sectionNumber":"sec.330","sectionType":"section","heading":null,"content":"### Section sec.330\n\ns 330 ins 2017 No. 9 (Vic) s 67\nexp 31 December 2021 (see s 330(2))","sortOrder":464},{"sectionNumber":"sec.331","sectionType":"section","heading":null,"content":"### Section sec.331\n\ns 331 ins 2017 No. 9 (Vic) s 67\nexp 31 December 2021 (see s 331(2))","sortOrder":465},{"sectionNumber":"pt.15-div.6","sectionType":"division","heading":"Further transitional provisions—Education and Care Services National Law Amendment Act 2017","content":"## Further transitional provisions—Education and Care Services National Law Amendment Act 2017","sortOrder":466},{"sectionNumber":"sec.332","sectionType":"section","heading":"Definitions","content":"### sec.332 Definitions\n\nIn this Division—\n2017 Act means the Education and Care Services National Law Amendment Act 2017 ;\ncommencement day , in relation to a participating jurisdiction, means the date of commencement of this Division in that jurisdiction.\ns 332 ins 2017 No. 9 (Vic) s 68","sortOrder":467},{"sectionNumber":"sec.333","sectionType":"section","heading":"Partial assessment and re-rating","content":"### sec.333 Partial assessment and re-rating\n\nThis section applies to an approved education and care service that has been assessed and rated against the National Quality Standard, as in force immediately before the commencement day, whether that assessment and rating occurred before, on or after the commencement day.\nDespite section 138, the Regulatory Authority may only reassess an aspect or element of the approved education and care service after the relevant day if the approved education and care service has been reassessed against the National Quality Standard as in force on and after the commencement day.\nDespite section 139(1), an approved provider may only apply for reassessment and rerating of an aspect or element of the approved education and care service after the relevant day if the approved education and care service has been reassessed against the National Quality Standard, as in force on and after the commencement day.\nIn this section—\nrelevant day means—\nin relation to an approved education and care service that was assessed and rated before the commencement day, the day that is 6 months after the commencement day; or\nin relation to an approved education and care service that was assessed and rated after the commencement day, the day that is 6 months after the day on which the rating for the service is published under section 160.\ns 333 ins 2017 No. 9 (Vic) s 68\n(sec.333-ssec.1) This section applies to an approved education and care service that has been assessed and rated against the National Quality Standard, as in force immediately before the commencement day, whether that assessment and rating occurred before, on or after the commencement day.\n(sec.333-ssec.2) Despite section 138, the Regulatory Authority may only reassess an aspect or element of the approved education and care service after the relevant day if the approved education and care service has been reassessed against the National Quality Standard as in force on and after the commencement day.\n(sec.333-ssec.3) Despite section 139(1), an approved provider may only apply for reassessment and rerating of an aspect or element of the approved education and care service after the relevant day if the approved education and care service has been reassessed against the National Quality Standard, as in force on and after the commencement day.\n(sec.333-ssec.4) In this section— relevant day means— in relation to an approved education and care service that was assessed and rated before the commencement day, the day that is 6 months after the commencement day; or in relation to an approved education and care service that was assessed and rated after the commencement day, the day that is 6 months after the day on which the rating for the service is published under section 160. s 333 ins 2017 No. 9 (Vic) s 68\n- (a) in relation to an approved education and care service that was assessed and rated before the commencement day, the day that is 6 months after the commencement day; or\n- (b) in relation to an approved education and care service that was assessed and rated after the commencement day, the day that is 6 months after the day on which the rating for the service is published under section 160.","sortOrder":468},{"sectionNumber":"sec.334","sectionType":"section","heading":"Application for highest rating level made before commencement day","content":"### sec.334 Application for highest rating level made before commencement day\n\nThis section applies if before the commencement day—\nan approved provider had applied for an education and care service to be assessed for the highest rating level under section 152; and\nthe application had not been determined.\nDespite its substitution by the 2017 Act, section 152(5), as in force immediately before the commencement day, continues to apply in respect of the application.\nSection 153(2) applies for the purposes of the assessment of the approved education and care service, as if a reference—\nto the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and\nto the National Quality Standard and the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.\ns 334 ins 2017 No. 9 (Vic) s 68\n(sec.334-ssec.1) This section applies if before the commencement day— an approved provider had applied for an education and care service to be assessed for the highest rating level under section 152; and the application had not been determined.\n(sec.334-ssec.2) Despite its substitution by the 2017 Act, section 152(5), as in force immediately before the commencement day, continues to apply in respect of the application.\n(sec.334-ssec.3) Section 153(2) applies for the purposes of the assessment of the approved education and care service, as if a reference— to the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and to the National Quality Standard and the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.\n- (a) an approved provider had applied for an education and care service to be assessed for the highest rating level under section 152; and\n- (b) the application had not been determined.\n- (a) to the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and\n- (b) to the National Quality Standard and the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.","sortOrder":469},{"sectionNumber":"sec.335","sectionType":"section","heading":"Highest rating level awarded before, or on application made before, commencement day","content":"### sec.335 Highest rating level awarded before, or on application made before, commencement day\n\nThis section applies in relation to an approved education and care service that was awarded the highest rating level—\nbefore the commencement day; or\nafter the commencement day on an application referred to in section 334.\nSection 153(2) applies for the purposes of a reassessment under section 157 of the approved education and care service, as if a reference—\nto the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and\nto the National Quality Standard and the requirements of the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.\nDespite its amendment by the 2017 Act, section 158 as in force immediately before the commencement day continues to apply to the revocation of the highest rating level and for the purposes of that section—\nthe criteria to be met are the criteria published under section 153(1) immediately before the commencement day; and\nthe overall rating level is to be determined in accordance with the National Quality Standard as in force immediately before the commencement day.\ns 335 ins 2017 No. 9 (Vic) s 68\n(sec.335-ssec.1) This section applies in relation to an approved education and care service that was awarded the highest rating level— before the commencement day; or after the commencement day on an application referred to in section 334.\n(sec.335-ssec.2) Section 153(2) applies for the purposes of a reassessment under section 157 of the approved education and care service, as if a reference— to the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and to the National Quality Standard and the requirements of the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.\n(sec.335-ssec.3) Despite its amendment by the 2017 Act, section 158 as in force immediately before the commencement day continues to apply to the revocation of the highest rating level and for the purposes of that section— the criteria to be met are the criteria published under section 153(1) immediately before the commencement day; and the overall rating level is to be determined in accordance with the National Quality Standard as in force immediately before the commencement day.\n- (a) before the commencement day; or\n- (b) after the commencement day on an application referred to in section 334.\n- (a) to the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and\n- (b) to the National Quality Standard and the requirements of the national regulations were a reference to the National Quality Standard and the national regulations as in force immediately before the commencement day.\n- (a) the criteria to be met are the criteria published under section 153(1) immediately before the commencement day; and\n- (b) the overall rating level is to be determined in accordance with the National Quality Standard as in force immediately before the commencement day.","sortOrder":470},{"sectionNumber":"pt.15-div.7","sectionType":"division","heading":"Transitional provisions— Early Childhood Legislation Amendment Act 2022","content":"## Transitional provisions— Early Childhood Legislation Amendment Act 2022","sortOrder":471},{"sectionNumber":"sec.336","sectionType":"section","heading":"Transitional provision—notification of persons with management or control of an education and care service","content":"### sec.336 Transitional provision—notification of persons with management or control of an education and care service\n\nFor the purposes of section 173(1)(b), a person who is a person with management or control on the commencement day is taken to be appointed as a person with management or control on that day.\nSubsection (1) does not apply to a person who, immediately before the commencement day, was a person with management or control within the meaning of this Law as in force immediately before the commencement day.\nIn this section—\ncommencement day , in relation to a participating jurisdiction, means the day on which section 16 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.\ns 336 ins 2022 No. 43 (Vic) s 38\n(sec.336-ssec.1) For the purposes of section 173(1)(b), a person who is a person with management or control on the commencement day is taken to be appointed as a person with management or control on that day.\n(sec.336-ssec.2) Subsection (1) does not apply to a person who, immediately before the commencement day, was a person with management or control within the meaning of this Law as in force immediately before the commencement day.\n(sec.336-ssec.2-oc.2) In this section— commencement day , in relation to a participating jurisdiction, means the day on which section 16 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.","sortOrder":472},{"sectionNumber":"sec.337","sectionType":"section","heading":"Transitional provision—assessment of provider approval applications","content":"### sec.337 Transitional provision—assessment of provider approval applications\n\nSection 14, as amended by section 17 of the Early Childhood Legislation Amendment Act 2022 , applies in relation to—\nan application for a provider approval that was made but had not been determined before the commencement day; and\na reassessment that had commenced but had not yet been completed before the commencement day.\nIn this section—\ncommencement day , in relation to a participating jurisdiction, means the day on which section 17 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.\ns 337 ins 2022 No. 43 (Vic) s 38\n(sec.337-ssec.1) Section 14, as amended by section 17 of the Early Childhood Legislation Amendment Act 2022 , applies in relation to— an application for a provider approval that was made but had not been determined before the commencement day; and a reassessment that had commenced but had not yet been completed before the commencement day.\n(sec.337-ssec.2) In this section— commencement day , in relation to a participating jurisdiction, means the day on which section 17 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.\n- (a) an application for a provider approval that was made but had not been determined before the commencement day; and\n- (b) a reassessment that had commenced but had not yet been completed before the commencement day.","sortOrder":473},{"sectionNumber":"sec.338","sectionType":"section","heading":"Transitional provision—service waivers","content":"### sec.338 Transitional provision—service waivers\n\nDespite the commencement of section 27 of the Early Childhood Legislation Amendment Act 2022 —\nthis Law as in force immediately before the commencement day continues to apply in respect of a service waiver that was in force immediately before the commencement day; and\nthe service waiver continues in force on and after the commencement day until it is revoked by the Regulatory Authority.\nIn this section—\ncommencement day , in relation to a participating jurisdiction, means the day on which section 27 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.\ns 338 ins 2022 No. 43 (Vic) s 38\n(sec.338-ssec.1) Despite the commencement of section 27 of the Early Childhood Legislation Amendment Act 2022 — this Law as in force immediately before the commencement day continues to apply in respect of a service waiver that was in force immediately before the commencement day; and the service waiver continues in force on and after the commencement day until it is revoked by the Regulatory Authority.\n(sec.338-ssec.2) In this section— commencement day , in relation to a participating jurisdiction, means the day on which section 27 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.\n- (a) this Law as in force immediately before the commencement day continues to apply in respect of a service waiver that was in force immediately before the commencement day; and\n- (b) the service waiver continues in force on and after the commencement day until it is revoked by the Regulatory Authority.","sortOrder":474},{"sectionNumber":"sec.339","sectionType":"section","heading":"Transitional provision—temporary waivers","content":"### sec.339 Transitional provision—temporary waivers\n\nDespite the commencement of section 31 of the Early Childhood Legislation Amendment Act 2022 —\nthis Law as in force immediately before the commencement day continues to apply in respect of a temporary waiver that was in force immediately before the commencement day; and\nthe temporary waiver continues in force on and after the commencement day until the earliest of the following—\nthe temporary waiver expires;\nthe temporary waiver is revoked by the Regulatory Authority.\nIn this section—\ncommencement day , in relation to a participating jurisdiction, means the day on which section 31 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.\ns 339 ins 2022 No. 43 (Vic) s 38\n(sec.339-ssec.1) Despite the commencement of section 31 of the Early Childhood Legislation Amendment Act 2022 — this Law as in force immediately before the commencement day continues to apply in respect of a temporary waiver that was in force immediately before the commencement day; and the temporary waiver continues in force on and after the commencement day until the earliest of the following— the temporary waiver expires; the temporary waiver is revoked by the Regulatory Authority.\n(sec.339-ssec.2) In this section— commencement day , in relation to a participating jurisdiction, means the day on which section 31 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.\n- (a) this Law as in force immediately before the commencement day continues to apply in respect of a temporary waiver that was in force immediately before the commencement day; and\n- (b) the temporary waiver continues in force on and after the commencement day until the earliest of the following— (i) the temporary waiver expires; (ii) the temporary waiver is revoked by the Regulatory Authority.\n- (i) the temporary waiver expires;\n- (ii) the temporary waiver is revoked by the Regulatory Authority.\n- (i) the temporary waiver expires;\n- (ii) the temporary waiver is revoked by the Regulatory Authority.","sortOrder":475},{"sectionNumber":"pt.15-div.8","sectionType":"division","heading":"Transitional provisions—Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023","content":"## Transitional provisions—Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023","sortOrder":476},{"sectionNumber":"sec.340","sectionType":"section","heading":"Transitional provision—approvals in principle—applications for service approval","content":"### sec.340 Transitional provision—approvals in principle—applications for service approval\n\nThis section applies if—\na participating jurisdiction declares that section 49A applies to, and in relation to, that jurisdiction; and\nbefore, on or after the commencement day, a person makes an application for a service approval in respect of education and care service premises located in a Part 4 building; and\nbefore the commencement day, a permit or approval under a Part 4 planning law or Part 4 building law was issued for the premises.\nDespite section 49A(2)—\nthe applicant for the service approval is not required to be an approval in principle holder for the premises; and\nthe Regulatory Authority must not refuse to grant a service approval on the ground that the applicant is not an approval in principle holder for the premises.\nIn this Division—\ncommencement day , in relation to a mandatory approval in principle jurisdiction, means the day on which section 49A is declared to come into operation in that jurisdiction.\ns 340 ins 2023 No. 33 (Vic) s 10\n(sec.340-ssec.1) This section applies if— a participating jurisdiction declares that section 49A applies to, and in relation to, that jurisdiction; and before, on or after the commencement day, a person makes an application for a service approval in respect of education and care service premises located in a Part 4 building; and before the commencement day, a permit or approval under a Part 4 planning law or Part 4 building law was issued for the premises.\n(sec.340-ssec.2) Despite section 49A(2)— the applicant for the service approval is not required to be an approval in principle holder for the premises; and the Regulatory Authority must not refuse to grant a service approval on the ground that the applicant is not an approval in principle holder for the premises.\n(sec.340-ssec.3) In this Division— commencement day , in relation to a mandatory approval in principle jurisdiction, means the day on which section 49A is declared to come into operation in that jurisdiction.\n- (a) a participating jurisdiction declares that section 49A applies to, and in relation to, that jurisdiction; and\n- (b) before, on or after the commencement day, a person makes an application for a service approval in respect of education and care service premises located in a Part 4 building; and\n- (c) before the commencement day, a permit or approval under a Part 4 planning law or Part 4 building law was issued for the premises.\n- (a) the applicant for the service approval is not required to be an approval in principle holder for the premises; and\n- (b) the Regulatory Authority must not refuse to grant a service approval on the ground that the applicant is not an approval in principle holder for the premises.","sortOrder":477},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":478},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Displacement of Schedule by contrary intention","content":"### sch.1-sec.1 Displacement of Schedule by contrary intention\n\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.","sortOrder":479},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"General","content":"# General","sortOrder":480},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Law to be construed not to exceed legislative power of Legislature","content":"### sch.1-sec.2 Law to be construed not to exceed legislative power of Legislature\n\nThis Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\nIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction—\nit is a valid provision to the extent to which it is not in excess of the power; and\nthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\nThis clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n(sch.1-sec.2-ssec.1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\n(sch.1-sec.2-ssec.2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n(sch.1-sec.2-ssec.3) This clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n- (a) it is a valid provision to the extent to which it is not in excess of the power; and\n- (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.","sortOrder":481},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Every section to be a substantive enactment","content":"### sch.1-sec.3 Every section to be a substantive enactment\n\nEvery section of this Law has effect as a substantive enactment without introductory words.","sortOrder":482},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Material that is, and is not, part of this Law","content":"### sch.1-sec.4 Material that is, and is not, part of this Law\n\nThe heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\nA Schedule to this Law is part of this Law.\nPunctuation in this Law is part of this Law.\nA heading to a section or subsection of this Law does not form part of this Law.\nNotes included in this Law (including footnotes and endnotes) do not form part of this Law.\n(sch.1-sec.4-ssec.1) The heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\n(sch.1-sec.4-ssec.2) A Schedule to this Law is part of this Law.\n(sch.1-sec.4-ssec.3) Punctuation in this Law is part of this Law.\n(sch.1-sec.4-ssec.4) A heading to a section or subsection of this Law does not form part of this Law.\n(sch.1-sec.4-ssec.5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law.","sortOrder":483},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"References to particular Acts and to enactments","content":"### sch.1-sec.5 References to particular Acts and to enactments\n\nIn this Law—\nan Act of this jurisdiction may be cited—\nby its short title; or\nby reference to the year in which it was passed and its number; and\na Commonwealth Act may be cited—\nby its short title; or\nin another way sufficient in a Commonwealth Act for the citation of such an Act;\ntogether with a reference to the Commonwealth; and\nan Act of another jurisdiction may be cited—\nby its short title; or\nin another way sufficient in an Act of the jurisdiction for the citation of such an Act;\ntogether with a reference to the jurisdiction.\n- (a) an Act of this jurisdiction may be cited— (i) by its short title; or (ii) by reference to the year in which it was passed and its number; and\n- (i) by its short title; or\n- (ii) by reference to the year in which it was passed and its number; and\n- (b) a Commonwealth Act may be cited— (i) by its short title; or (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act; together with a reference to the Commonwealth; and\n- (i) by its short title; or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act;\n- (c) an Act of another jurisdiction may be cited— (i) by its short title; or (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act; together with a reference to the jurisdiction.\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act;\n- (i) by its short title; or\n- (ii) by reference to the year in which it was passed and its number; and\n- (i) by its short title; or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act;\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act;","sortOrder":484},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"References taken to be included in Act or Law citation etc","content":"### sch.1-sec.6 References taken to be included in Act or Law citation etc\n\nA reference in this Law to an Act includes a reference to—\nthe Act as originally enacted, and as amended from time to time since its original enactment; and\nif the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re-enacted, and as amended from time to time since its re-enactment.\nA reference in this Law to a provision of this Law or of an Act includes a reference to—\nthe provision as originally enacted, and as amended from time to time since its original enactment; and\nif the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.\nSubclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n(sch.1-sec.6-ssec.1) A reference in this Law to an Act includes a reference to— the Act as originally enacted, and as amended from time to time since its original enactment; and if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re-enacted, and as amended from time to time since its re-enactment.\n(sch.1-sec.6-ssec.2) A reference in this Law to a provision of this Law or of an Act includes a reference to— the provision as originally enacted, and as amended from time to time since its original enactment; and if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.\n(sch.1-sec.6-ssec.3) Subclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n- (a) the Act as originally enacted, and as amended from time to time since its original enactment; and\n- (b) if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re-enacted, and as amended from time to time since its re-enactment.\n- (a) the provision as originally enacted, and as amended from time to time since its original enactment; and\n- (b) if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.","sortOrder":485},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Interpretation best achieving Law’s purpose","content":"### sch.1-sec.7 Interpretation best achieving Law’s purpose\n\nIn the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\nSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n(sch.1-sec.7-ssec.1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\n(sch.1-sec.7-ssec.2) Subclause (1) applies whether or not the purpose is expressly stated in this Law.","sortOrder":486},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Use of extrinsic material in interpretation","content":"### sch.1-sec.8 Use of extrinsic material in interpretation\n\nIn this clause—\nextrinsic material means relevant material not forming part of this Law, including, for example—\nmaterial that is set out in the document containing the text of this Law as printed by the Government Printer; and\na relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and\na relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\na treaty or other international agreement that is mentioned in this Law; and\nan explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and\nthe speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and\nmaterial in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and\na document that is declared by this Law to be a relevant document for the purposes of this clause.\nordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\nSubject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation—\nif the provision is ambiguous or obscure—to provide an interpretation of it; or\nif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\nin any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\nIn determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to—\nthe desirability of a provision being interpreted as having its ordinary meaning; and\nthe undesirability of prolonging proceedings without compensating advantage; and\nother relevant matters.\n(sch.1-sec.8-ssec.1) In this clause— extrinsic material means relevant material not forming part of this Law, including, for example— material that is set out in the document containing the text of this Law as printed by the Government Printer; and a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and a treaty or other international agreement that is mentioned in this Law; and an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and a document that is declared by this Law to be a relevant document for the purposes of this clause. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\n(sch.1-sec.8-ssec.2) Subject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation— if the provision is ambiguous or obscure—to provide an interpretation of it; or if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n(sch.1-sec.8-ssec.3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— the desirability of a provision being interpreted as having its ordinary meaning; and the undesirability of prolonging proceedings without compensating advantage; and other relevant matters.\n- (a) material that is set out in the document containing the text of this Law as printed by the Government Printer; and\n- (b) a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and\n- (c) a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\n- (d) a treaty or other international agreement that is mentioned in this Law; and\n- (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and\n- (f) the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and\n- (g) material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and\n- (h) a document that is declared by this Law to be a relevant document for the purposes of this clause.\n- (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or\n- (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\n- (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n- (a) the desirability of a provision being interpreted as having its ordinary meaning; and\n- (b) the undesirability of prolonging proceedings without compensating advantage; and\n- (c) other relevant matters.","sortOrder":487},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Effect of change of drafting practice and use of examples","content":"### sch.1-sec.9 Effect of change of drafting practice and use of examples\n\nIf—\na provision of this Law expresses an idea in particular words; and\na provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example—\nthe use of a clearer or simpler style; or\nthe use of gender-neutral language;\nthe ideas must not be taken to be different merely because different words are used.\n- (a) a provision of this Law expresses an idea in particular words; and\n- (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender-neutral language; the ideas must not be taken to be different merely because different words are used.\n- (i) the use of a clearer or simpler style; or\n- (ii) the use of gender-neutral language;\n- (i) the use of a clearer or simpler style; or\n- (ii) the use of gender-neutral language;","sortOrder":488},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Use of examples","content":"### sch.1-sec.10 Use of examples\n\nIf this Law includes an example of the operation of a provision—\nthe example is not exhaustive; and\nthe example does not limit, but may extend, the meaning of the provision; and\nthe example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.\n- (a) the example is not exhaustive; and\n- (b) the example does not limit, but may extend, the meaning of the provision; and\n- (c) the example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.","sortOrder":489},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Compliance with forms","content":"### sch.1-sec.11 Compliance with forms\n\nIf a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\nIf a form prescribed or approved by or for the purpose of this Law requires—\nthe form to be completed in a specified way; or\nspecified information or documents to be included in, attached to or given with the form; or\nthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way,\nthe form is not properly completed unless the requirement is complied with.\n(sch.1-sec.11-ssec.1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\n(sch.1-sec.11-ssec.2) If a form prescribed or approved by or for the purpose of this Law requires— the form to be completed in a specified way; or specified information or documents to be included in, attached to or given with the form; or the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, the form is not properly completed unless the requirement is complied with.\n- (a) the form to be completed in a specified way; or\n- (b) specified information or documents to be included in, attached to or given with the form; or\n- (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way,","sortOrder":490},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Terms and references","content":"# Terms and references","sortOrder":491},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.12 Definitions\n\nIn this Law—\nAct means an Act of the Legislature of this jurisdiction.\nadult means an individual who is 18 or more.\naffidavit , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.\namend includes—\nomit or omit and substitute; or\nalter or vary; or\namend by implication.\nappoint includes reappoint.\nAustralia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\nbusiness day means a day that is not—\na Saturday or Sunday; or\na public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\ncalendar month means a period starting at the beginning of any day of one of the 12 named months and ending—\nimmediately before the beginning of the corresponding day of the next named month; or\nif there is no such corresponding day—at the end of the next named month.\ncalendar year means a period of 12 months beginning on 1 January.\ncommencement , in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation.\nCommonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\nconfer , in relation to a function, includes impose.\ncontravene includes fail to comply with.\ncountry includes—\na federation; or\na state, province or other part of a federation.\ndate of assent , in relation to an Act, means the day on which the Act receives the Royal Assent.\ndefinition means a provision of this Law (however expressed) that—\ngives a meaning to a word or expression; or\nlimits or extends the meaning of a word or expression.\ndocument includes—\nany paper or other material on which there is writing; or\nany paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or\nany disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device).\nelectronic communication means—\na communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\na communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.\nestate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity.\nexpire includes lapse or otherwise cease to have effect.\nexternal Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act.\nfail includes refuse.\nfinancial year means a period of 12 months beginning on 1 July.\nforeign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories.\nfunction includes a power, authority or duty.\nGazette means the Government Gazette of this jurisdiction.\ngazetted means published in the Gazette.\nGazette notice means notice published in the Gazette.\nGovernment Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument.\nindividual means a natural person.\ninformation system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.\ninsert , in relation to a provision of this Law, includes substitute.\ninstrument includes a statutory instrument.\ninterest , in relation to land or other property, means—\na legal or equitable estate in the land or other property; or\na right, power or privilege over, or in relation to, the land or other property.\ninternal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.\nJervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 (Cwlth) .\nmake includes issue or grant.\nminor means an individual who is under 18.\nmodification includes addition, omission or substitution.\nmonth means a calendar month.\nnamed month means 1 of the 12 months of the year.\nNorthern Territory means the Northern Territory of Australia.\nnumber means—\na number expressed in figures or words; or\na letter; or\na combination of a number so expressed and a letter.\noath , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise.\noffice includes position.\nomit , in relation to a provision of this Law or an Act, includes repeal.\nparty includes an individual or a body politic or corporate.\npenalty includes forfeiture or punishment.\npower includes authority.\nprescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law.\nprinted includes typewritten, lithographed or reproduced by any mechanical means.\nproceeding means a legal or other action or proceeding.\nproperty means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.\nprovision , in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act , and includes—\na Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act ; or\na section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; or\nthe long title and any preamble to the Act .\nrecord includes information stored or recorded by means of a computer.\nrepeal includes—\nrevoke or rescind; or\nrepeal by implication; or\nabrogate or limit the effect of this Law or instrument concerned; or\nexclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance.\nsign includes the affixing of a seal or the making of a mark.\nstatutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding.\nstatutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument.\nswear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise.\nword includes any symbol, figure or drawing.\nwriting includes any mode of representing or reproducing words in a visible form.\nIn a statutory instrument—\nthe Law means this Law.\n(sch.1-sec.12-ssec.1) In this Law— Act means an Act of the Legislature of this jurisdiction. adult means an individual who is 18 or more. affidavit , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise. amend includes— omit or omit and substitute; or alter or vary; or amend by implication. appoint includes reappoint. Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. business day means a day that is not— a Saturday or Sunday; or a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done. calendar month means a period starting at the beginning of any day of one of the 12 named months and ending— immediately before the beginning of the corresponding day of the next named month; or if there is no such corresponding day—at the end of the next named month. calendar year means a period of 12 months beginning on 1 January. commencement , in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation. Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. confer , in relation to a function, includes impose. contravene includes fail to comply with. country includes— a federation; or a state, province or other part of a federation. date of assent , in relation to an Act, means the day on which the Act receives the Royal Assent. definition means a provision of this Law (however expressed) that— gives a meaning to a word or expression; or limits or extends the meaning of a word or expression. document includes— any paper or other material on which there is writing; or any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device). electronic communication means— a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system. estate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity. expire includes lapse or otherwise cease to have effect. external Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. fail includes refuse. financial year means a period of 12 months beginning on 1 July. foreign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories. function includes a power, authority or duty. Gazette means the Government Gazette of this jurisdiction. gazetted means published in the Gazette. Gazette notice means notice published in the Gazette. Government Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument. individual means a natural person. information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications. insert , in relation to a provision of this Law, includes substitute. instrument includes a statutory instrument. interest , in relation to land or other property, means— a legal or equitable estate in the land or other property; or a right, power or privilege over, or in relation to, the land or other property. internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. Jervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 (Cwlth) . make includes issue or grant. minor means an individual who is under 18. modification includes addition, omission or substitution. month means a calendar month. named month means 1 of the 12 months of the year. Northern Territory means the Northern Territory of Australia. number means— a number expressed in figures or words; or a letter; or a combination of a number so expressed and a letter. oath , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise. office includes position. omit , in relation to a provision of this Law or an Act, includes repeal. party includes an individual or a body politic or corporate. penalty includes forfeiture or punishment. power includes authority. prescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law. printed includes typewritten, lithographed or reproduced by any mechanical means. proceeding means a legal or other action or proceeding. property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action. provision , in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act , and includes— a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act ; or a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; or the long title and any preamble to the Act . record includes information stored or recorded by means of a computer. repeal includes— revoke or rescind; or repeal by implication; or abrogate or limit the effect of this Law or instrument concerned; or exclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance. sign includes the affixing of a seal or the making of a mark. statutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding. statutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument. swear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise. word includes any symbol, figure or drawing. writing includes any mode of representing or reproducing words in a visible form.\n(sch.1-sec.12-ssec.2) In a statutory instrument— the Law means this Law.\n- (a) omit or omit and substitute; or\n- (b) alter or vary; or\n- (c) amend by implication.\n- (a) a Saturday or Sunday; or\n- (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\n- (a) immediately before the beginning of the corresponding day of the next named month; or\n- (b) if there is no such corresponding day—at the end of the next named month.\n- (a) a federation; or\n- (b) a state, province or other part of a federation.\n- (a) gives a meaning to a word or expression; or\n- (b) limits or extends the meaning of a word or expression.\n- (a) any paper or other material on which there is writing; or\n- (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or\n- (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device).\n- (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\n- (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.\n- (a) a legal or equitable estate in the land or other property; or\n- (b) a right, power or privilege over, or in relation to, the land or other property.\n- (a) a number expressed in figures or words; or\n- (b) a letter; or\n- (c) a combination of a number so expressed and a letter.\n- (a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act ; or\n- (b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; or\n- (c) the long title and any preamble to the Act .\n- (a) revoke or rescind; or\n- (b) repeal by implication; or\n- (c) abrogate or limit the effect of this Law or instrument concerned; or\n- (d) exclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance.","sortOrder":492},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Provisions relating to defined terms and gender and number","content":"### sch.1-sec.13 Provisions relating to defined terms and gender and number\n\nIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\nDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\nIn this Law, words indicating a gender include each other gender.\nIn this Law—\nwords in the singular include the plural; and\nwords in the plural include the singular.\n(sch.1-sec.13-ssec.1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n(sch.1-sec.13-ssec.2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n(sch.1-sec.13-ssec.3) In this Law, words indicating a gender include each other gender.\n(sch.1-sec.13-ssec.4) In this Law— words in the singular include the plural; and words in the plural include the singular.\n- (a) words in the singular include the plural; and\n- (b) words in the plural include the singular.","sortOrder":493},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Meaning of “may” and “must” etc","content":"### sch.1-sec.14 Meaning of “may” and “must” etc\n\nIn this Law, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\nIn this Law, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\nThis clause has effect despite any rule of construction to the contrary.\n(sch.1-sec.14-ssec.1) In this Law, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n(sch.1-sec.14-ssec.2) In this Law, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n(sch.1-sec.14-ssec.3) This clause has effect despite any rule of construction to the contrary.","sortOrder":494},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Words and expressions used in statutory instruments","content":"### sch.1-sec.15 Words and expressions used in statutory instruments\n\nWords and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\nThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n(sch.1-sec.15-ssec.1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\n(sch.1-sec.15-ssec.2) This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.","sortOrder":495},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Effect of express references to bodies corporate and individuals","content":"### sch.1-sec.16 Effect of express references to bodies corporate and individuals\n\nIn this Law, a reference to a person generally (whether the expression “person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another” or “whoever” or another expression is used)—\ndoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and\ndoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).\n- (a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and\n- (b) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).","sortOrder":496},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Production of records kept in computers etc","content":"### sch.1-sec.17 Production of records kept in computers etc\n\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—\nto produce the information or a document containing the information to a court, tribunal or person; or\nto make a document containing the information available for inspection by a court, tribunal or person;\nthen, unless the court, tribunal or person otherwise directs—\nthe requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\nthe production to the court, tribunal or person of the document in that form complies with the requirement.\n- (a) to produce the information or a document containing the information to a court, tribunal or person; or\n- (b) to make a document containing the information available for inspection by a court, tribunal or person;\n- (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n- (d) the production to the court, tribunal or person of the document in that form complies with the requirement.","sortOrder":497},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"References to this jurisdiction to be implied","content":"### sch.1-sec.18 References to this jurisdiction to be implied\n\nIn this Law—\na reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\na reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.\n- (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\n- (b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.","sortOrder":498},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"References to officers and holders of offices","content":"### sch.1-sec.19 References to officers and holders of offices\n\nIn this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.","sortOrder":499},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Reference to certain provisions of Law","content":"### sch.1-sec.20 Reference to certain provisions of Law\n\nIf a provision of this Law refers—\nto a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or\nto a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or\nto a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—\nthe Division, designated by the number, of the Part in which the reference occurs; and\nthe Subdivision, designated by the number, of the Division in which the reference occurs; and\nthe subsection, designated by the number, of the section in which the reference occurs; and\nthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\nthe paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\nthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\nthe sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\nthe section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;\nas the case requires.\n- (a) to a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or\n- (b) to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or\n- (c) to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to— (i) the Division, designated by the number, of the Part in which the reference occurs; and (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and (iii) the subsection, designated by the number, of the section in which the reference occurs; and (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs; as the case requires.\n- (i) the Division, designated by the number, of the Part in which the reference occurs; and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs; and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n- (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;\n- (i) the Division, designated by the number, of the Part in which the reference occurs; and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs; and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n- (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;","sortOrder":500},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Reference to provisions of this Law or an Act is inclusive","content":"### sch.1-sec.21 Reference to provisions of this Law or an Act is inclusive\n\nIn this Law, a reference to a portion of this Law or an Act includes—\na reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and\na reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.\nA reference to “ sections 5 to 9 ” includes both section 5 and section 9 .\nIt is not necessary to refer to “ sections 5 to 9 (both inclusive)” to ensure that the reference is given an inclusive interpretation.\n- (a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and\n- (b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.","sortOrder":501},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Functions and powers","content":"# Functions and powers","sortOrder":502},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Performance of statutory functions","content":"### sch.1-sec.22 Performance of statutory functions\n\nIf this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\nIf this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\nIf this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.\n(sch.1-sec.22-ssec.1) If this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\n(sch.1-sec.22-ssec.2) If this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\n(sch.1-sec.22-ssec.3) If this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.","sortOrder":503},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Power to make instrument or decision includes power to amend or repeal","content":"### sch.1-sec.23 Power to make instrument or decision includes power to amend or repeal\n\nIf this Law authorises or requires the making of an instrument or decision—\nthe power includes power to amend or repeal the instrument or decision; and\nthe power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.\n- (a) the power includes power to amend or repeal the instrument or decision; and\n- (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.","sortOrder":504},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Matters for which statutory instruments may make provision","content":"### sch.1-sec.24 Matters for which statutory instruments may make provision\n\nIf this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—\nan Act or statutory instrument; or\nanother document (whether of the same or a different kind);\nas in force at a particular time or as in force from time to time.\nIf a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\nA statutory instrument may—\napply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\napply generally to all persons, matters or things or be limited in its application to—\nparticular persons, matters or things; or\nparticular classes of persons, matters or things; or\notherwise apply generally or be limited in its application by reference to specified exceptions or factors.\nA statutory instrument may—\napply differently according to different specified factors; or\notherwise make different provision in relation to—\ndifferent persons, matters or things; or\ndifferent classes of persons, matters or things.\nA statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\nIf this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\nIf this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\nA statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\nA statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n(sch.1-sec.24-ssec.1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of— an Act or statutory instrument; or another document (whether of the same or a different kind); as in force at a particular time or as in force from time to time.\n(sch.1-sec.24-ssec.2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\n(sch.1-sec.24-ssec.3) A statutory instrument may— apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or apply generally to all persons, matters or things or be limited in its application to— particular persons, matters or things; or particular classes of persons, matters or things; or otherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n(sch.1-sec.24-ssec.4) A statutory instrument may— apply differently according to different specified factors; or otherwise make different provision in relation to— different persons, matters or things; or different classes of persons, matters or things.\n(sch.1-sec.24-ssec.5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\n(sch.1-sec.24-ssec.6) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\n(sch.1-sec.24-ssec.7) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\n(sch.1-sec.24-ssec.8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\n(sch.1-sec.24-ssec.9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n- (a) an Act or statutory instrument; or\n- (b) another document (whether of the same or a different kind);\n- (a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\n- (b) apply generally to all persons, matters or things or be limited in its application to— (i) particular persons, matters or things; or (ii) particular classes of persons, matters or things; or\n- (i) particular persons, matters or things; or\n- (ii) particular classes of persons, matters or things; or\n- (c) otherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n- (i) particular persons, matters or things; or\n- (ii) particular classes of persons, matters or things; or\n- (a) apply differently according to different specified factors; or\n- (b) otherwise make different provision in relation to— (i) different persons, matters or things; or (ii) different classes of persons, matters or things.\n- (i) different persons, matters or things; or\n- (ii) different classes of persons, matters or things.\n- (i) different persons, matters or things; or\n- (ii) different classes of persons, matters or things.","sortOrder":505},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Presumption of validity and power to make","content":"### sch.1-sec.25 Presumption of validity and power to make\n\nAll conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\nA statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.\n(sch.1-sec.25-ssec.1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\n(sch.1-sec.25-ssec.2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.","sortOrder":506},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Appointments may be made by name or office","content":"### sch.1-sec.26 Appointments may be made by name or office\n\nIf this Law authorises or requires a person or body—\nto appoint a person to an office; or\nto appoint a person or body to exercise a power; or\nto appoint a person or body to do another thing;\nthe person or body may make the appointment by—\nappointing a person or body by name; or\nappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\nAn appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n(sch.1-sec.26-ssec.1) If this Law authorises or requires a person or body— to appoint a person to an office; or to appoint a person or body to exercise a power; or to appoint a person or body to do another thing; the person or body may make the appointment by— appointing a person or body by name; or appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n(sch.1-sec.26-ssec.2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n- (a) to appoint a person to an office; or\n- (b) to appoint a person or body to exercise a power; or\n- (c) to appoint a person or body to do another thing;\n- (d) appointing a person or body by name; or\n- (e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.","sortOrder":507},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Acting appointments","content":"### sch.1-sec.27 Acting appointments\n\nIf this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—\na person by name; or\na particular officer, or the holder of a particular office, by reference to the title of the office concerned;\nto act in the office.\nThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\nThe appointer may—\ndetermine the terms and conditions of the appointment, including remuneration and allowances; and\nterminate the appointment at any time.\nThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\nThe appointee must not act for more than 1 year during a vacancy in the office.\nIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—\nthe appointer otherwise directs; or\nthe vacancy is filled; or\nthe end of a year from the day of the vacancy;\nwhichever happens first.\nThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\nWhile the appointee is acting in the office—\nthe appointee has all the powers and functions of the holder of the office; and\nthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\nAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\nthe occasion for the appointment had not arisen; or\nthe appointment had ceased to have effect; or\nthe occasion for the person to act had not arisen or had ceased.\nIf this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n(sch.1-sec.27-ssec.1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint— a person by name; or a particular officer, or the holder of a particular office, by reference to the title of the office concerned; to act in the office.\n(sch.1-sec.27-ssec.2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch.1-sec.27-ssec.3) The appointer may— determine the terms and conditions of the appointment, including remuneration and allowances; and terminate the appointment at any time.\n(sch.1-sec.27-ssec.4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n(sch.1-sec.27-ssec.5) The appointee must not act for more than 1 year during a vacancy in the office.\n(sch.1-sec.27-ssec.6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until— the appointer otherwise directs; or the vacancy is filled; or the end of a year from the day of the vacancy; whichever happens first.\n(sch.1-sec.27-ssec.7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n(sch.1-sec.27-ssec.8) While the appointee is acting in the office— the appointee has all the powers and functions of the holder of the office; and this Law and other laws apply to the appointee as if the appointee were the holder of the office.\n(sch.1-sec.27-ssec.9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— the occasion for the appointment had not arisen; or the appointment had ceased to have effect; or the occasion for the person to act had not arisen or had ceased.\n(sch.1-sec.27-ssec.10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n- (a) a person by name; or\n- (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned;\n- (a) determine the terms and conditions of the appointment, including remuneration and allowances; and\n- (b) terminate the appointment at any time.\n- (a) the appointer otherwise directs; or\n- (b) the vacancy is filled; or\n- (c) the end of a year from the day of the vacancy;\n- (a) the appointee has all the powers and functions of the holder of the office; and\n- (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office.\n- (a) the occasion for the appointment had not arisen; or\n- (b) the appointment had ceased to have effect; or\n- (c) the occasion for the person to act had not arisen or had ceased.","sortOrder":508},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Powers of appointment imply certain incidental powers","content":"### sch.1-sec.28 Powers of appointment imply certain incidental powers\n\nIf this Law authorises or requires a person or body to appoint a person to an office—\nthe power may be exercised from time to time as occasion requires; and\nthe power includes—\npower to remove or suspend, at any time, a person appointed to the office; and\npower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\npower to reinstate or reappoint a person removed or suspended; and\npower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\npower to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\nThe power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\nThe power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\nAn appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch.1-sec.28-ssec.1) If this Law authorises or requires a person or body to appoint a person to an office— the power may be exercised from time to time as occasion requires; and the power includes— power to remove or suspend, at any time, a person appointed to the office; and power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and power to reinstate or reappoint a person removed or suspended; and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n(sch.1-sec.28-ssec.2) The power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n(sch.1-sec.28-ssec.3) The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n(sch.1-sec.28-ssec.4) An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n- (a) the power may be exercised from time to time as occasion requires; and\n- (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n- (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n- (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).","sortOrder":509},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Delegation of functions","content":"### sch.1-sec.29 Delegation of functions\n\nIf this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—\na person or body by name; or\na specified officer, or the holder of a specified office, by reference to the title of the office concerned.\nThe delegation may be—\ngeneral or limited; and\nmade from time to time; and\nrevoked, wholly or partly, by the delegator.\nThe delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\nA delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\nThe delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\nA delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\nA delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\nIf, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.\nIf—\nthe delegator is a specified officer or the holder of a specified office; and\nthe person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;\nthen—\nthe delegation continues in force; and\nthe person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.\nIf—\nthe delegator is a body; and\nthere is a change in the membership of the body;\nthen—\nthe delegation continues in force; and\nthe body as constituted for the time being is taken to be the delegator for the purposes of this clause.\nIf a function is delegated to a specified officer or the holder of a specified office—\nthe delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and\nthe function may be exercised by the person for the time being occupying or acting in the office concerned.\nA function that has been delegated may, despite the delegation, be exercised by the delegator.\nThe delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.\nSubject to subclause (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\nIf this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n(sch.1-sec.29-ssec.1) If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to— a person or body by name; or a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n(sch.1-sec.29-ssec.2) The delegation may be— general or limited; and made from time to time; and revoked, wholly or partly, by the delegator.\n(sch.1-sec.29-ssec.3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\n(sch.1-sec.29-ssec.4) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n(sch.1-sec.29-ssec.5) The delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\n(sch.1-sec.29-ssec.6) A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\n(sch.1-sec.29-ssec.7) A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n(sch.1-sec.29-ssec.8) If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.\n(sch.1-sec.29-ssec.9) If— the delegator is a specified officer or the holder of a specified office; and the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office; then— the delegation continues in force; and the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.\n(sch.1-sec.29-ssec.10) If— the delegator is a body; and there is a change in the membership of the body; then— the delegation continues in force; and the body as constituted for the time being is taken to be the delegator for the purposes of this clause.\n(sch.1-sec.29-ssec.11) If a function is delegated to a specified officer or the holder of a specified office— the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and the function may be exercised by the person for the time being occupying or acting in the office concerned.\n(sch.1-sec.29-ssec.12) A function that has been delegated may, despite the delegation, be exercised by the delegator.\n(sch.1-sec.29-ssec.13) The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.\n(sch.1-sec.29-ssec.14) Subject to subclause (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\n(sch.1-sec.29-ssec.15) If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n- (a) a person or body by name; or\n- (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n- (a) general or limited; and\n- (b) made from time to time; and\n- (c) revoked, wholly or partly, by the delegator.\n- (a) the delegator is a specified officer or the holder of a specified office; and\n- (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;\n- (c) the delegation continues in force; and\n- (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.\n- (a) the delegator is a body; and\n- (b) there is a change in the membership of the body;\n- (c) the delegation continues in force; and\n- (d) the body as constituted for the time being is taken to be the delegator for the purposes of this clause.\n- (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and\n- (b) the function may be exercised by the person for the time being occupying or acting in the office concerned.","sortOrder":510},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Exercise of powers between enactment and commencement","content":"### sch.1-sec.30 Exercise of powers between enactment and commencement\n\nIf a provision of this Law (the empowering provision ) that does not commence on its enactment would, had it commenced, confer a power—\nto make an appointment; or\nto make a statutory instrument of a legislative or administrative character; or\nto do another thing;\nthen—\nthe power may be exercised; and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\nbefore the empowering provision commences.\nIf a provision of a Victorian Act (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—\nto make an appointment; or\nto make a statutory instrument of a legislative or administrative character; or\nto do another thing;\nthen—\nthe power may be exercised; and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\nbefore the empowering provision commences.\nIf—\nthis Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power ); and\na provision of a Victorian Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power );\nthen—\nthe basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and\nany provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\nIf an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—\nenabling the exercise of a power mentioned in the subclause; or\nbringing an appointment, instrument or other thing made or done under such a power into effect;\nthe instrument or provision takes effect—\non the making of the instrument; or\non such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\nIf—\nan appointment is made under subclause (1) or (2); or\nan instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4);\nthe appointment, instrument or provision takes effect—\non the commencement of the relevant empowering provision; or\non such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\nAnything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\nAfter the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\nIn the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n(sch.1-sec.30-ssec.1) If a provision of this Law (the empowering provision ) that does not commence on its enactment would, had it commenced, confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing; then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences.\n(sch.1-sec.30-ssec.2) If a provision of a Victorian Act (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing; then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences.\n(sch.1-sec.30-ssec.3) If— this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power ); and a provision of a Victorian Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power ); then— the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\n(sch.1-sec.30-ssec.4) If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of— enabling the exercise of a power mentioned in the subclause; or bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— on the making of the instrument; or on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n(sch.1-sec.30-ssec.5) If— an appointment is made under subclause (1) or (2); or an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4); the appointment, instrument or provision takes effect— on the commencement of the relevant empowering provision; or on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\n(sch.1-sec.30-ssec.6) Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n(sch.1-sec.30-ssec.7) After the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\n(sch.1-sec.30-ssec.8) In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n- (a) to make an appointment; or\n- (b) to make a statutory instrument of a legislative or administrative character; or\n- (c) to do another thing;\n- (d) the power may be exercised; and\n- (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\n- (a) to make an appointment; or\n- (b) to make a statutory instrument of a legislative or administrative character; or\n- (c) to do another thing;\n- (d) the power may be exercised; and\n- (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\n- (a) this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power ); and\n- (b) a provision of a Victorian Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power );\n- (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and\n- (d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\n- (a) enabling the exercise of a power mentioned in the subclause; or\n- (b) bringing an appointment, instrument or other thing made or done under such a power into effect;\n- (c) on the making of the instrument; or\n- (d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n- (a) an appointment is made under subclause (1) or (2); or\n- (b) an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4);\n- (c) on the commencement of the relevant empowering provision; or\n- (d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.","sortOrder":511},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Distance, time and age","content":"# Distance, time and age","sortOrder":512},{"sectionNumber":"sch.1-sec.31","sectionType":"section","heading":"Matters relating to distance, time and age","content":"### sch.1-sec.31 Matters relating to distance, time and age\n\nIn the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\nIf a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—\nif the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\nin any other case—by including the day on which the purpose is to be fulfilled.\nIf the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\nIf the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\nIf no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\nIf, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\nFor the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.\n(sch.1-sec.31-ssec.1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\n(sch.1-sec.31-ssec.2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and— if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and in any other case—by including the day on which the purpose is to be fulfilled.\n(sch.1-sec.31-ssec.3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\n(sch.1-sec.31-ssec.4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\n(sch.1-sec.31-ssec.5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\n(sch.1-sec.31-ssec.6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\n(sch.1-sec.31-ssec.7) For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.\n- (a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\n- (b) in any other case—by including the day on which the purpose is to be fulfilled.","sortOrder":513},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"Effect of repeal, amendment or expiration","content":"# Effect of repeal, amendment or expiration","sortOrder":514},{"sectionNumber":"sch.1-sec.32","sectionType":"section","heading":"Time of Law ceasing to have effect","content":"### sch.1-sec.32 Time of Law ceasing to have effect\n\nIf a provision of this Law is expressed—\nto expire on a specified day; or\nto remain or continue in force, or otherwise have effect, until a specified day;\nthis provision has effect until the last moment of the specified day.\n- (a) to expire on a specified day; or\n- (b) to remain or continue in force, or otherwise have effect, until a specified day;","sortOrder":515},{"sectionNumber":"sch.1-sec.33","sectionType":"section","heading":"Repealed Law provisions not revived","content":"### sch.1-sec.33 Repealed Law provisions not revived\n\nIf a provision of this Law is repealed or amended by a Victorian Act, or a provision of a Victorian Act, the provision is not revived merely because the Victorian Act or the provision of the Victorian Act—\nis later repealed or amended; or\nlater expires.\n- (a) is later repealed or amended; or\n- (b) later expires.","sortOrder":516},{"sectionNumber":"sch.1-sec.34","sectionType":"section","heading":"Saving of operation of repealed Law provisions","content":"### sch.1-sec.34 Saving of operation of repealed Law provisions\n\nThe repeal, amendment or expiry of a provision of this Law does not—\nrevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\naffect the previous operation of the provision or anything suffered, done or begun under the provision; or\naffect a right, privilege or liability acquired, accrued or incurred under the provision; or\naffect a penalty incurred in relation to an offence arising under the provision; or\naffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\nAny such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n(sch.1-sec.34-ssec.1) The repeal, amendment or expiry of a provision of this Law does not— revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or affect the previous operation of the provision or anything suffered, done or begun under the provision; or affect a right, privilege or liability acquired, accrued or incurred under the provision; or affect a penalty incurred in relation to an offence arising under the provision; or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n(sch.1-sec.34-ssec.2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n- (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n- (b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or\n- (c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or\n- (d) affect a penalty incurred in relation to an offence arising under the provision; or\n- (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.","sortOrder":517},{"sectionNumber":"sch.1-sec.35","sectionType":"section","heading":"Continuance of repealed provisions","content":"### sch.1-sec.35 Continuance of repealed provisions\n\nIf a Victorian Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.","sortOrder":518},{"sectionNumber":"sch.1-sec.36","sectionType":"section","heading":"Law and amending Acts to be read as one","content":"### sch.1-sec.36 Law and amending Acts to be read as one\n\nThis Law and all Victorian Acts amending this Law are to be read as one.","sortOrder":519},{"sectionNumber":"sch.1-pt.7","sectionType":"part","heading":"Instruments under Law","content":"# Instruments under Law","sortOrder":520},{"sectionNumber":"sch.1-sec.37","sectionType":"section","heading":"Schedule applies to statutory instruments","content":"### sch.1-sec.37 Schedule applies to statutory instruments\n\nThis Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\nThe fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\n(sch.1-sec.37-ssec.1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\n(sch.1-sec.37-ssec.2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.","sortOrder":521},{"sectionNumber":"sch.1-pt.8","sectionType":"part","heading":"Application to coastal sea","content":"# Application to coastal sea","sortOrder":522},{"sectionNumber":"sch.1-sec.38","sectionType":"section","heading":"Application","content":"### sch.1-sec.38 Application\n\nThis Law has effect in and relation to the coastal sea of this jurisdiction as if that coastal sea were part of this jurisdiction.","sortOrder":523}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":919},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2010 scope. The 2025 amendments introduced entirely new regulatory frameworks: Part 6A (device restrictions), systemic risk provisions affecting related corporate entities, and expanded enforcement powers (training directions, supervision directions, suspension of nominated supervisors). The original law focused on licensing and quality ratings; it now encompasses proactive child protection measures, corporate governance oversight, and technology-specific safeguards. The 'systemic risk' concept in particular extends regulatory reach across corporate groups and interconnected providers."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions and sections (e.g., multiple references to 'this Law as applying in any participating jurisdiction')","Nested conditional logic with multiple exceptions (e.g., personal device rules in Part 6A have 6+ layers of exceptions)","Over 80 defined terms in section 5, many with their own sub-definitions and examples","Multiple approval types with different conditions: provider approval, service approval, approval in principle, waivers (service and temporary)","Interlocking enforcement mechanisms: show cause notices, suspension directions, training directions, supervision directions, prohibition notices, emergency actions","National framework applied across jurisdictions with variable local implementation (Part 4 building/planning laws only apply in declared jurisdictions)","2025 amendments introduced new conceptual frameworks (systemic risk, related providers) that overlay existing structures","Family day care services have distinct rules that differ from centre-based services in multiple sections","Extensive penalty provisions with tiered amounts for individuals vs. other entities","Multiple review pathways: internal review, external review, Ratings Review Panel, with different time limits and grounds"],"plain_english_summary":"**What this law does:**\n\nThis is the **Education and Care Services National Law (Queensland)** — the Queensland version of Australia's national framework regulating early childhood education and care services. It establishes a comprehensive system for licensing, monitoring, and enforcing standards for services that educate and care for children under 13.\n\n**Who it affects:**\n\n- **Approved providers** — organisations or individuals running childcare services (long day care, family day care, outside school hours care, preschools)\n- **Nominated supervisors** — individuals responsible for day-to-day management of services\n- **Educators and staff** — people working directly with children\n- **Family day care educators** — people providing care in their homes\n- **Regulatory Authorities** — government bodies that issue approvals and enforce compliance\n- **Parents and families** — who use these services\n\n**Key things the law covers:**\n\n- **Provider approvals** — vetting whether organisations are \"fit and proper\" to run childcare services, including checking criminal history, financial capacity, and management capability\n- **Service approvals** — licensing individual service locations, with conditions about safety, staffing, and premises\n- **National Quality Standard** — a rating system assessing service quality\n- **Compliance and enforcement** — powers to inspect services, issue directions, suspend or cancel approvals, and remove children in emergencies\n- **New in 2025** — strict rules about **personal devices** (phones, cameras) to protect children from inappropriate image capture; requirements for **child safety training**; expanded powers to suspend staff and supervisors; and new concepts of **\"systemic risk\"** and **\"related providers\"** to tackle problems across corporate groups\n\n**Why it matters:**\n\nThe law puts **children's safety, rights and best interests as the paramount consideration** for all decisions. It creates a national system so families can expect consistent quality and protection wherever they live, while giving regulators strong tools to act quickly when services fail to meet standards.\n\n---\n\n**Recent significant additions (2025 amendments):**\n\n- **Part 6A** — New rules restricting personal devices (phones, cameras) in services to prevent child exploitation\n- **Sections 166A, 178A–178E** — New offences for inappropriate conduct and new powers to suspend staff, supervisors, and volunteers, plus mandatory training directions\n- **\"Systemic risk\" framework** — Allows regulators to act across related corporate entities when risks to children are interconnected\n- **\"Related provider\" provisions** — Enables regulators to consider the track record of connected businesses when assessing approvals"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The law has materially expanded beyond its original 2009 scope. It began as a framework to establish national consistency in childcare regulation and quality standards. Through successive amendments (notably 2017, 2022, 2023, and 2025), it has grown to include: a codified paramount consideration for child safety (previously implicit); 'related provider' and 'systemic risk' concepts enabling regulators to scrutinise provider networks rather than just individual operators; a National Early Childhood Worker Register; recruitment agency regulation; approval-in-principle processes for new premises in multi-storey buildings; expanded family day care venue approvals; and strengthened prohibition and enforcement powers. These additions reflect a shift from pure quality standardisation toward active risk-based oversight of provider networks and workforce integrity."},"complexity_factors":["Multi-jurisdictional cooperative legislative scheme — the same law applies across multiple Australian states and territories simultaneously, with cross-references to laws of 'participating jurisdictions'","Extensive defined terms section (section 5) with over 50 definitions, many of which cross-reference other sections or Commonwealth legislation","Interaction with Commonwealth legislation, particularly the Corporations Act 2001 and A New Tax System (Family Assistance) (Administration) Act 1999, including displacement provisions","Layered regulatory structure involving multiple bodies: National Authority (ACECQA), Ministerial Council, Regulatory Authorities in each jurisdiction, and a Board","Complex 'related provider' and 'systemic risk' concepts introduced in 2025 amendments requiring multi-entity analysis across provider networks","Multiple amendment layers from 2011, 2017, 2022, 2023, and 2025 creating a patchwork of current provisions that are difficult to read as a coherent whole","Highly technical 'person with management or control' definition (section 5A) with differentiated treatment depending on corporate structure (body corporate vs. eligible association vs. partnership)","Numerous carve-outs and exclusions to key definitions (e.g., what is and isn't an 'education and care service') requiring careful interpretation","Cross-references to national regulations for key operative details (fees, prescribed information, serious incidents, etc.) meaning the statute alone is incomplete without the regulations","Extraterritorial operation clause and single national entity provisions add constitutional and jurisdictional complexity"],"plain_english_summary":"Queensland’s Education and Care Services National Law is the state version of Australia’s national framework that regulates childcare and early education services. It sets safety as the paramount concern, requires provider approvals and background checks, enforces a single quality and inspection system, and now lets regulators assess linked operators for systemic risks. \n\nIt affects families, approved providers, staff and volunteers, and ensures services are quality‑checked and legally accountable."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-care-services-national-law-queensland","history":"/api/acts/education-and-care-services-national-law-queensland/history","analysis":"/api/acts/education-and-care-services-national-law-queensland/analysis","conflicts":"/api/acts/education-and-care-services-national-law-queensland/conflicts","importantCases":"/api/acts/education-and-care-services-national-law-queensland/important-cases","documents":"/api/acts/education-and-care-services-national-law-queensland/documents"}}