{"id":"education-and-early-childhood-services-registration-and-standards-act-2011","name":"Education and Early Childhood Services (Registration and Standards) Act 2011","slug":"education-and-early-childhood-services-registration-and-standards-act-2011","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31931,"registerId":"sa-education-and-early-childhood-services-registration-and-standards-act-2011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Adoption of Education and Care Services National Law","content":"Part 2—Adoption of Education and Care Services National Law\n10—Application of Education and Care Services National Law\n\t(1)\tThe Education and Care Services National Law text—\n\t(a)\tapplies as a law of this jurisdiction; and\n\t(b)\tas so applying may be referred to as the Education and Care Services National Law (South Australia).\n\t(2)\tSubsection (1) applies subject to any modifications made to the Education and Care Services National Law by or under this Act.\n11—Amendments to Law to maintain national consistency\n\t(1)\tIf—\n\t(a)\tthe Parliament of Victoria enacts an amendment to the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria; and\n\t(b)\tthe Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of Victoria should be made to the Education and Care Services National Law (South Australia),\nthe Governor may, by regulation, amend the Education and Care Services National Law text.\n\t(2)\tThe Governor may, as part of a regulation made under subsection (1), make any additional provision (including so as to modify the terms of an amendment that has been made to the Education and Care Services National Law by the Parliament of Victoria or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Education and Care Services National Law has proper effect in South Australia.\n\t(3)\tA regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Education and Care Services National Law made by the Parliament of Victoria (including a day that is earlier than the day of the regulation's publication in the Gazette).\n12—Exclusion of legislation of this jurisdiction\n\t(1)\tSubject to subsections (2) and (3), the following Acts do not apply to the Education and Care Services National Law (South Australia) or the national regulations:\n\t(a)\tthe Acts Interpretation Act 1915;\n\t(b)\tthe Legislative Instruments Act 1978.\n\t(2)\tTo avoid doubt, the Legislative Instruments Act 1978 applies to a regulation made under section 11.\n\t(3)\tIn connection with the operation of section 303 of the Education and Care Services National Law (South Australia)—\n\t(a)\tthe Minister must, after a regulation made under that Law is tabled in each House of Parliament, forward a copy of the regulation to the Legislative Review Committee of the Parliament for inquiry and report; and\n\t(b)\tif a regulation is disallowed under that section, the disallowance will have effect in this State despite any provision in the Education and Care Services National Law.\n\t(4)\tThe following Acts do not apply to the Education and Care Services National Law (South Australia) or the national regulations except to the extent that that Law or those instruments apply to the Regulatory Authority, or to the employees, decisions, actions and records of the Regulatory Authority:\n\t(a)\tthe Ombudsman Act 1972;\n\t(b)\tthe Public Finance and Audit Act 1987;\n\t(c)\tthe Public Sector Act 2009;\n\t(d)\tthe Public Sector (Honesty and Accountability) Act 1995;\n\t(e)\tthe State Records Act 1997.\n\t(5)\tThe Freedom of Information Act 1991 does not apply in relation to the National Quality Framework.\n\t(6)\tIn this section—\nNational Quality Framework, national regulations and Regulatory Authority have the same meanings as in the Education and Care Services National Law (South Australia).\n13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction\n\t(1)\tIn the Education and Care Services National Law (South Australia)—\nchild protection law means—\n\t(a)\tthe Children's Protection Act 1993; and\n\t(b)\tthe Family and Community Services Act 1972; and\n\t(c)\tthe Guardianship and Administration Act 1993; and\n\t(ca)\tthe Children and Young People (Safety) Act 2017; and\n\t(d)\tany other Act declared by the regulations to be a child protection law;\ncourt means the Magistrates Court;\nlocal authority means a local council within the meaning of the Local Government Act 1999;\nmagistrate means a person holding office as a Magistrate under the Magistrates Act 1983;\npublic authority means a body established for a public purpose by or under an Act;\nsuperior court means the Supreme Court;\nthis jurisdiction means South Australia.\n\t(2)\tFor the purposes of the definition of children's services law in the Education and Care Services National Law (South Australia), this Act, the Education and Children's Services Act 2019 and any other Act prescribed by the regulations are declared to be children's services laws for this jurisdiction.\n\t(3)\tFor the purposes of the definition of children's services regulator in the Education and Care Services National Law (South Australia), the Board is declared to be the children's services regulator for this jurisdiction.\n\t(4)\tFor the purposes of the definition of education law in the Education and Care Services National Law (South Australia), this Act, the Education and Children's Services Act 2019 and any other Act prescribed by the regulations are declared to be education laws for this jurisdiction.\n\t(5)\tFor the purposes of the definition of former education and care services law in the Education and Care Services National Law (South Australia), the Education Act 1972 and the Children's Services Act 1985 are declared to be former education and care services laws for this jurisdiction.\n\t(6)\tFor the purposes of the definition of infringements law in the Education and Care Services National Law (South Australia), the Expiation of Offences Act 1996 is declared to be an infringements law for this jurisdiction.\n\t(7)\tFor the purposes of the definition of public sector law in the Education and Care Services National Law (South Australia), the Public Sector Act 2009 and the Public Sector (Honesty and Accountability) Act 1995 are declared to be public sector laws for this jurisdiction.\n\t(8)\tFor the purposes of the definition of relevant tribunal or court in the Education and Care Services National Law (South Australia)—\n\t(a)\tthe Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of section 181 of the Education and Care Services National Law (South Australia); and\n\t(b)\tthe District Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of Part 8 of the Education and Care Services National Law (South Australia).\n\t(9)\tFor the purposes of the definition of Regulatory Authority in the Education and Care Services National Law (South Australia), the Board is declared to be the Regulatory Authority for this jurisdiction.\n\t(10)\tFor the purposes of the definition of working with children law in the Education and Care Services National Law (South Australia), the Child Safety (Prohibited Persons) Act 2016, and any other Act prescribed by the regulations, are declared to be working with children laws for this jurisdiction.\n\t(11)\tFor the purposes of the definition of declared approved family day care service in section 305 of the Education and Care Services National Law (South Australia), a family day care scheme that was, immediately before the scheme commencement day, being operated by the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985 is declared to be a declared approved family day care service for this jurisdiction.\n\t(12)\tFor the purposes of the definition of declared approved family day care venue in section 305 of the Education and Care Services National Law (South Australia), premises that, immediately before the scheme commencement day, were the subject of an approval as family day care premises under section 33 of the Children's Services Act 1985 are declared to be a declared approved family day care venue for this jurisdiction.\n\t(13)\tFor the purposes of the definition of declared approved provider in section 305 of the Education and Care Services National Law (South Australia), the following are declared to be declared approved providers for this jurisdiction:\n\t(a)\tthe administrative unit of the Public Service that was, immediately before the scheme commencement day, responsible under the Minister for the administration of the Children's Services Act 1985;\n\t(b)\ta person or body who, immediately before the scheme commencement day, held a licence to conduct or control a child care centre under the Children's Services Act 1985;\n\t(c)\ta person or body who, immediately before the scheme commencement day, operated an out of school hours care service that was registered with the National Childcare Accreditation Council of Australia;\n\t(d)\ta person or body who, immediately before the scheme commencement day, operated a pre‑school education service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972;\n\t(e)\ta person or body who, immediately before the scheme commencement day, operated an out of school hours care service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972;\n\t(f)\tany other person or body declared by the regulations to be included in the ambit of this subsection.\n\t(14)\tFor the purposes of the definition of declared approved service in section 305 of the Education and Care Services National Law (South Australia), the following education and care services are declared to be declared approved services for this jurisdiction:\n\t(a)\ta family day care service;\n\t(b)\ta child care centre service;\n\t(c)\tan out of school hours care service;\n\t(d)\ta pre‑school education service;\n\t(e)\tany other service declared by the regulations to be included in the ambit of this subsection.\n\t(15)\tFor the purposes of the definition of declared certified supervisor in section 305 of the Education and Care Services National Law (South Australia), the following persons are declared to be declared certified supervisors for this jurisdiction:\n\t(a)\ta natural person who was, immediately before the scheme commencement day and in accordance with regulation 18(1) of the Children's Services (Child Care Centre) Regulations 1998, a manager of a child care centre;\n\t(b)\ta person who was, immediately before the scheme commencement day, a qualified contact staff member (within the meaning of the Children's Services (Child Care Centre) Regulations 1998) in relation to a child care centre;\n\t(c)\ta person who was, at any time in the 2 years immediately preceding the scheme commencement day, employed in a position of the following kinds in the administrative unit of the Public Service that was, at the relevant time, responsible under the Minister for the administration of the Children's Services Act 1985:\n\t(i)\ta field worker in relation to the provision of family day care;\n\t(ii)\ta coordinator in relation to the provision of family day care;\n\t(iii)\ta team leader in relation to the provision of family day care;\n\t(iv)\ta manager in relation to the provision of family day care;\n\t(d)\ta teacher who was, at any time in the 2 years immediately preceding the scheme commencement day, employed in relation to the provision of an education and care service of a kind contemplated by subsection (14);\n\t(e)\tany other person, or class of person, declared by the regulations to be included within the ambit of this subsection.\n\t(16)\tFor the purposes of the definition of declared nominated supervisor in section 305 of the Education and Care Services National Law (South Australia), a person authorised in writing by the Minister for the purposes of this subsection is declared to be a declared nominated supervisor for this jurisdiction.\n\t(17)\tFor the purposes of the definition of former approval in section 305 of the Education and Care Services National Law (South Australia), an authorisation (however described) under the Education Act 1972 or the Children's Services Act 1985 in force immediately before the scheme commencement day to provide a service of a kind contemplated by subsection (14) is declared to be a former approval for this jurisdiction.\n\t(18)\tFor the purposes of subsection (17), and without limiting any other way in which a person may be authorised under the Education Act 1972 or the Children's Services Act 1985 to provide a particular service—\n\t(a)\ta person or body will be taken to have been authorised under the Education Act 1972 or the Children's Services Act 1985 (as the case requires) to provide a service of a kind contemplated by subsection (14) if the person or body was, immediately before the scheme commencement day, providing a service of the relevant kind; and\n\t(b)\tthat authorisation will be taken to have been in force immediately before the scheme commencement day.\n\t(19)\tFor the purposes of this section, a reference to an Act of this jurisdiction includes a reference to regulations made under that Act.\n\t(20)\tIn this section—\nscheme commencement day has the same meaning as in the Education and Care Services National Law (South Australia).\n13A—Working with children checks\nA reference to an authorised person in section 170 of the Education and Care Services National Law (South Australia) will be taken to include a reference to a person—\n\t(a)\tin respect of whom a working with children check has been conducted under the Child Safety (Prohibited Persons) Act 2016 within the preceding 5 years; and\n\t(b)\twho is not a prohibited person (within the meaning of that Act).\n14—Penalty at end of provision\nIn the Education and Care Services National Law (South Australia), a penalty specified at the end of a provision indicates that a contravention of the provision is punishable on conviction by a penalty not more than the specified penalty.\n15—Tabling of annual report\n\t(1)\tWithout limiting section 280 of the Education and Care Services National Law (South Australia), the Minister must cause copies 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, to be laid before both Houses of Parliament.\nNational Authority has the same meaning as in the Education and Care Services National Law (South Australia).\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application of Education and Care Services National Law (South Australia) to residual early childhood services providers","content":"Part 3—Application of Education and Care Services National Law (South Australia) to residual early childhood services providers\n16—Application of Education and Care Services National Law (South Australia) to residual early childhood services providers\n\t(1)\tThe Education and Care Services National Law (South Australia), as modified by Schedule 2 and as in force from time to time, applies in relation to all residual early childhood services as if they were education and care services within the meaning of that Law.\nresidual early childhood services means early childhood services of a kind to which the Education and Care Services National Law (South Australia) would not, but for this section, apply.\nSee section 4 for the definition of early childhood services.\n17—Exemption from certain provisions of Education and Care Services National Law (South Australia)\n\t(1)\tSubject to this section, the Minister may, by notice in writing—\n\t(a)\texempt a person, or class of persons, subject to such conditions as the Minister thinks fit and specifies in the notice, from specified provisions of the Education and Care Services National Law (South Australia) as they apply to, or in relation to, residual early childhood services; or\n\t(b)\tvary or revoke an exemption, or a condition of an exemption, under this section or impose a further condition.\n\t(2)\tThe Minister must consult with the Board before making a notice under subsection (1).\n\t(3)\tA person who contravenes a condition of an exemption is guilty of an offence.\n","sortOrder":1},{"sectionNumber":"Part 4","sectionType":"part","heading":"Administration","content":"Part 4—Administration\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"The Minister","content":"Division 1—The Minister\n18—Functions of Minister\n\t(1)\tThe functions of the Minister under this Act are—\n\t(a)\tto support the delivery of the highest possible standard of education services and early childhood services;\n\t(b)\tto work with the Board to ensure effective monitoring and evaluation of the delivery of education and early childhood services;\n\t(c)\tto support the promotion of, and public awareness on the availability and quality of, education and early childhood services;\n\t(d)\tsuch other functions assigned to the Minister by or under this or any other Act.\n\t(2)\tFor the purposes of this section, a reference to early childhood services includes a reference to an education and care service (within the meaning of the Education and Care Services National Law (South Australia)).\nThe Education and Care Services National Law (South Australia) may contain further functions in respect of services to which that Law applies.\n19—Ministerial directions\n\t(1)\tSubject to this section, the Minister may give the Board a direction about any matter relevant to the performance or exercise of a function or power of the Board.\n\t(2)\tNo Ministerial direction may be given—\n\t(a)\tin relation to the registration of a particular school, or the imposition of conditions on the registration of a particular school, or the suspension or cancellation of the registration of a particular school; or\n\t(b)\tin relation to the determination of criteria for registration under this Act; or\n\t(c)\tin relation to any particular proceedings before the Board; or\n\t(d)\tin relation to a particular complaint of a kind contemplated by section 30.\n\t(3)\tA direction given by the Minister under this section must be in writing.\n\t(4)\tIf the Minister gives a direction under this section—\n\t(a)\tthe Minister must prepare a report on the matter and cause a copy of the report to be laid before each House of Parliament; and\n\t(b)\tthe Board must cause details of the direction to be published in its next annual report.\n20—Power of delegation\n\t(1)\tThe Minister may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tA person to whom a function has been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform the functions must disclose the nature of the interest in writing to the Minister.\n\t(5)\tIt is a defence to a charge of an offence against subsection (4) for the defendant to prove that he or she was not, at the time of the alleged offence, aware of his or her interest in the matter.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"The Education and Early Childhood Services Registration and Standards Board of South Australia","content":"Division 2—The Education and Early Childhood Services Registration and Standards Board of South Australia\n","sortOrder":4},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"The Board","content":"Subdivision 1—The Board\n21—Establishment of Board\n\t(1)\tThe Education and Early Childhood Services Registration and Standards Board of South Australia is established.\n\t(2)\tThe Board—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tcan sue and be sued in its corporate name; and\n\t(d)\thas the functions and powers assigned or conferred by or under this or any other Act.\n\t(3)\tIf a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly fixed to the document.\n22—Composition of Board\n\t(1)\tThe Board consists of 13 members appointed by the Governor on the nomination of the Minister, being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience necessary to enable the Board to carry out its functions effectively.\n\t(2)\tOf those members—\n\t(a)\t1 (who will be the presiding member) must be a person who has, in the opinion of the Minister, extensive knowledge and expertise in the education and care of children; and\n\t(b)\t2 must be nominated from a panel of 4 persons submitted by the Chief Executive; and\n\t(c)\t2 must be nominated from a panel of 4 persons submitted by the Association of Independent Schools of South Australia; and\n\t(d)\t2 must be nominated from a panel of 4 persons submitted by the South Australian Commission for Catholic Schools Incorporated; and\n\t(e)\t2 must be nominated from a panel of 4 persons submitted by the prescribed child care bodies; and\n\t(f)\t1 must be a legal practitioner.\n\t(2a)\tA person is not eligible to be appointed to the Board unless a working with children check has been conducted in relation to the member within the preceding 5 years.\n\t(3)\tIf the Minister does not receive a submission from a body under subsection (2)(c), (d) or (e) within 2 months after requesting the submission of 4 names by that body, the Minister may, by notice in writing, request the relevant body to make a nomination within a time (being not less than 1 month) allowed in the notice and if a nomination is not made within that time, then the Minister may proceed to nominate a person or persons determined by the Minister in lieu of a person submitted by that body.\n\t(4)\tSubject to this section, the Minister should, before nominating a person for appointment to the Board (other than for the purposes of subsection (2)(c), (d) or (e)), under a scheme determined by the Minister for the purposes of this section—\n\t(a)\tcall for expressions of interest; and\n\t(b)\ttake into account any representations made by a prescribed designated entity.\n\t(5)\tIn nominating the remaining members of the Board, the Minister should, as far as is reasonably practicable, endeavour to achieve a gender balance on the Board.\n\t(6)\tThe requirements of qualification and nomination (if applicable) made by this section in relation to the appointment of a member extend to the appointment of a deputy of that member.\n\t(7)\tThe Governor may, on the recommendation of the Minister, appoint a suitable person to be the deputy presiding member of the Board.\n\t(8)\tThe Governor may, on the nomination of the Minister, appoint a suitable person to be the deputy of a member of the Board.\n\t(9)\tA deputy may act as a member of the Board during any period of absence of the member in relation to whom the deputy has been appointed.\n\t(10)\tIf—\n\t(a)\tthe office of a member of the Board becomes vacant before the expiry of the term of appointment specified in the member's instrument of appointment; and\n\t(b)\ta person has been appointed to be the deputy of that member,\nthe person appointed to be the deputy of the member may act as a member of the Board in respect of the vacant office—\n\t(c)\tfor the balance of the term of appointment referred to in paragraph (a); or\n\t(d)\tuntil a person is appointed to the vacant office under this Act,\nwhichever first occurs (and a reference in this Act to a member of the Board will be taken to include, unless the contrary intention appears, a reference to a person acting as a member under this subsection).\n23—Conditions of membership\n\t(1)\tSubject to this section, a member of the Board will hold office on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.\n\t(2)\tA member of the Board cannot hold office for consecutive terms that exceed 9 years in total.\n\t(3)\tThe Governor may remove a member of the Board from office—\n\t(a)\tfor breach of, or non‑compliance with, a condition of appointment; or\n\t(ab)\tif a working with children check has not been conducted in relation to the member within the preceding 5 years; or\n\t(b)\tfor mental or physical incapacity to carry out duties of office satisfactorily; or\n\t(c)\tfor neglect of duty; or\n\t(d)\tfor dishonourable conduct.\n\t(4)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(ca)\tbecomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or\n\t(d)\tis found guilty of a prescribed offence; or\n\t(e)\tis removed from office by the Governor under subsection (3); or\n\t(f)\taccepts employment as a Registrar under this Act.\n24—Casual vacancies\nThe following rules govern the appointment of a person to fill a casual vacancy that occurs in the office of a member appointed in accordance with section 22(2)(c), (d) or (e):\n\t(a)\tif the vacancy occurs within 12 months after the member's appointment, the Governor must appoint on the nomination of the Minister 1 of the remaining persons from the panel submitted in relation to the member's appointment;\n\t(b)\tif—\n\t(i)\tnone of the remaining persons are qualified for appointment; or\n\t(ii)\tnone of the remaining persons are available or willing to be appointed; or\n\t(iii)\tif the vacancy occurs later than 12 months after the member's appointment,\nthe Governor may appoint a person nominated by the Minister from a new panel of 4 persons submitted by the body referred to in the relevant paragraph (and, if the Minister does not receive a submission from the body within 14 days after requesting the submission of 4 names by that body, the Minister may proceed to nominate a person determined by the Minister in lieu of a person submitted by that body);\n\t(c)\tthe person appointed holds office for the balance of the term of that person's predecessor.\n25—Allowances and expenses\nA member of the Board (other than a member who is a member of the Public Service) is entitled to fees, allowances and expenses approved by the Governor.\n26—Validity of acts\nAn act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n","sortOrder":5},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Registrars and staff","content":"Subdivision 2—Registrars and staff\n27—Registrars of Board\n\t(1)\tThere will be the following Registrars of the Board:\n\t(a)\tthe Registrar for the Government sector (the Government Schools Registrar);\n\t(b)\tthe Registrar for the non‑Government sector (the non‑Government Schools Registrar);\n\t(c)\tthe Registrar for the early childhood services sector (the Early Childhood Services Registrar).\n\t(2)\tThe Registrars will be appointed by the Board on terms and conditions determined by the Board.\n\t(2a)\tA person is not eligible to be appointed as a Registrar unless a working with children check has been conducted in relation to the person within the preceding 5 years.\n28—Staff of Board\n\t(1)\tThe Board's staff consists of—\n\t(a)\tPublic Service employees assigned to assist the Board; and\n\t(b)\tpersons employed by the Board, on terms and conditions determined by the Board after consultation with the Minister, to assist the Board.\n\t(1a)\tA person is not eligible to be assigned to assist the Board, or employed by the Board, unless a working with children check has been conducted in relation to the person within the preceding 5 years.\n\t(2)\tIf a person commences employment as a member of the staff of the Board after ceasing to be employed—\n\t(a)\tin the Public Service of the State; or\n\t(b)\tby a prescribed employing authority,\nand that employment with the Board follows immediately on the cessation of that previous employment, then—\n\t(c)\tthe person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the Board; and\n\t(d)\tthe person is not entitled to payment in lieu of those rights.\n\t(3)\tExcept where subsection (2) applies, if a person commences employment as a member of the staff of the Board within 3 months after ceasing to be employed—\n\t(a)\tin the Public Service of the State; or\n\t(b)\tby a prescribed employing authority; or\n\t(c)\tin prescribed employment,\nthe person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the Board and subject to such conditions as may be determined by the Board, as if that previous employment had been employment by the Board.\n\t(4)\tThe Board may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.\nprescribed employing authority means—\n\t(a)\tthe employing authority under the Education Act 1972; or\n\t(ab)\tthe Chief Executive under the Education and Children's Services Act 2019; or\n\t(b)\tthe employing authority under the Children's Services Act 1985; or\n\t(c)\tany other person or body declared by the Minister to be included in the ambit of this definition.\n","sortOrder":6},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Functions of Board","content":"Subdivision 3—Functions of Board\n29—Functions of Board\n\t(1)\tThe functions of the Board are as follows:\n\t(a)\tto regulate the provision of education services and early childhood services;\n\t(b)\tto approve the requirements for endorsement of registration;\n\t(c)\tto establish and maintain the registers contemplated by this Act;\n\t(d)\tto prepare or endorse codes of conduct for registered schools;\n\t(e)\tto provide advice to the Minister as the Board considers appropriate;\n\t(f)\tto carry out other functions assigned to the Board under this or any other Act or by the Minister.\n\t(2)\tA code of conduct prepared or endorsed by the Board cannot come into operation except with the written approval of—\n\t(a)\tthe Minister; and\n\t(b)\ta majority of the peak bodies prescribed by the regulations for the purpose of this subsection.\n\t(3)\tThe Board must, in relation to each code of conduct prepared or endorsed by the Board and that has been approved in accordance with subsection (2)—\n\t(a)\tcause a copy of the code to be published in the Gazette, together with a statement of the operative date of the code (which cannot be a date earlier than the date of publication); and\n\t(b)\ttake reasonable steps to send a copy of the code to each school to which it applies; and\n\t(c)\tensure that a copy of the code is published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Board,\n(although proof of compliance with paragraphs (a), (b) and (c) is not necessary for the purposes of any proceedings that involve an alleged contravention of or failure to comply with a code of conduct).\n30—Complaint made directly to Board to be referred to school\n\t(1)\tIf a person makes a complaint to the Board or a Registrar in relation to the provision of education services by a registered school, the Board or Registrar must refer the complaint to the registered school to be dealt with in accordance with the procedures for handling complaints established by the school.\n\t(2)\tHowever, if the Board is of the opinion that the subject matter of a complaint—\n\t(a)\twould, if proved, constitute a proper cause for disciplinary action under Part 7; and\n\t(b)\tis of such seriousness that the matter should instead be the subject of a complaint laid under section 62,\nthe Board may direct the relevant Registrar to lay a complaint under that section instead of referring the matter to the registered school.\n31—Committees\n\t(1)\tThe Board may establish committees—\n\t(a)\tto advise the Board or a Registrar on any matter; or\n\t(b)\tto carry out functions on behalf of the Board.\n\t(2)\tThe membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board.\n\t(3)\tThe Board will determine who will be the presiding member of a committee.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Board; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n32—Power of delegation\n\t(1)\tThe Board may delegate a function or power under this Act (other than a function or power under Part 7 or a prescribed function or power)—\n\t(a)\tto a member of the Board, a Registrar or an employee of the Board; or\n\t(b)\tto a committee established by the Board; or\n\t(c)\tto a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the Board to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tA person to whom a function has been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform the functions must disclose the nature of the interest in writing to the Board.\n\t(5)\tIt is a defence to a charge of an offence against subsection (4) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.\n","sortOrder":7},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Board's procedures","content":"Subdivision 4—Board's procedures\n33—Board's procedures\n\t(1)\tSubject to this Act, a quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tAt least 1 member of the Board appointed in accordance with each of paragraphs (c), (d) and (e) of section 22 must be present at any meeting of the Board.\n\t(3)\tA meeting of the Board will be chaired by the presiding member or, in his or her absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Board must choose 1 of their number to preside at the meeting.\n\t(4)\tA decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board.\n\t(5)\tEach member present at a meeting of the Board has 1 vote on any question arising for decision.\n\t(6)\tA conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Board for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(7)\tA proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\tnotice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the members express concurrence in the proposed resolution by letter, telegram, telex, fax, email or other written communication setting out the terms of the resolution.\n\t(8)\tThe Board must have accurate minutes kept of its meetings.\n\t(9)\tSubject to this Act, the Board may determine its own procedures.\n34—Conflict of interest etc under Public Sector (Honesty and Accountability) Act 1995\nA member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with persons involved in the provision of education services or early childhood services generally, or a substantial section of persons involved in the provision of education services or early childhood services.\nThe Public Sector (Honesty and Accountability) Act 1995 imposes duties of honesty and accountability on public sector office holders, including members of the Board.\n35—Powers of Board in relation to witnesses etc\n\t(1)\tFor the purposes of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), the Board may—\n\t(a)\tby summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the attendance before the Board of a person whom the Board thinks fit to call before it; or\n\t(b)\tby summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the production of relevant documents, records or equipment and, in the case of a document or record that is not in the English language—\n\t(i)\ta written translation of the document or record into English; and\n\t(ii)\ta certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record; or\n\t(c)\tinspect documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or\n\t(d)\trequire a person to make an oath or affirmation (which may be administered by a member of the Board) to answer truthfully questions put by a member of the Board or a person appearing before the Board; or\n\t(e)\trequire a person appearing before the Board (whether summoned to appear or not) to answer questions put by a member of the Board or by a person appearing before the Board.\n\t(2)\tOn the receipt of an application for the issue of a summons under this section, a member of the Board or the relevant Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board.\n\t(3)\tA person who—\n\t(a)\tfails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Board; or\n\t(b)\thaving been served with a summons to produce—\n\t(i)\ta written translation of the document or record into English; and\n\t(ii)\ta certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record,\nfails, without reasonable excuse, to comply with the summons; or\n\t(c)\trefuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Board,\nMaximum penalty: $10 000 or imprisonment for 6 months.\n\t(4)\tA person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court.\n\t(5)\tIn the course of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), the Board may—\n\t(a)\treceive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia or of another country, and draw any conclusions of fact from the evidence that it considers proper; and\n\t(b)\tadopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.\n36—Principles governing proceedings\n\t(1)\tIn proceedings before the Board, the Board—\n\t(a)\tis not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and\n\t(b)\tmust act according to the principles of natural justice and ensure procedural fairness; and\n\t(c)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n\t(2)\tIn proceedings before the Board, the Board must keep the parties to the proceedings properly informed as to the progress and outcome of the proceedings.\n37—Representation at proceedings before Board\n\t(1)\tA party to proceedings before the Board is entitled to be represented at the hearing of those proceedings.\n\t(2)\tThe Board may be assisted by legal counsel at the hearing of proceedings.\n38—Costs\n\t(1)\tThe Board may award such costs against a party to proceedings before it as the Board considers just and reasonable.\n\t(2)\tA party who is dissatisfied with the amount of the costs awarded by the Board may request a Master of the District Court to tax the costs and, after taxing the costs, the Master may confirm or vary the amount of the costs awarded by the Board.\n\t(3)\tCosts awarded by the Board under this section may be recovered as a debt.\n","sortOrder":8},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Financial matters, audit and annual report","content":"Subdivision 5—Financial matters, audit and annual report\n39—Accounts and audit\n\t(1)\tThe Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of accounts prepared in respect of each financial year.\n\t(2)\tThe accounts must be audited at least once in every year by an auditor approved by the Auditor‑General and appointed by the Board.\n\t(3)\tThe Auditor‑General may at any time audit the accounts of the Board.\n40—Annual report\n\t(1)\tThe Board must, on or before 31 October in each year, deliver to the Minister a report on the administration of this Act and the work of the Board during the financial year ending on the preceding 30 June.\n\t(2)\tThe report must—\n\t(a)\tinclude the information prescribed by the regulations in relation to the relevant financial year; and\n\t(b)\tincorporate the audited accounts of the Board for the relevant financial year.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Registration of schools","content":"Part 5—Registration of schools\nDivision 1—Registers\n41—Registers\n\t(1)\tThe Board must keep the following registers:\n\t(a)\ta schools register, comprised of the following parts:\n\t(i)\tGovernment schools;\n\t(ii)\tnon‑Government schools;\n\t(b)\ta register of schools that have been removed from the schools register and who have not been reinstated to that register.\n\t(2)\tThe schools register must include the following information in relation to each school on the register:\n\t(a)\tthe name of the school;\n\t(b)\tthe address of each campus of the school;\n\t(c)\tthe conditions (if any) of the registration;\n\t(d)\tany endorsement of the registration;\n\t(e)\tany other information required by the regulations.\n\t(3)\tThe Registrars are responsible to the Board for the form and maintenance of the registers.\n\t(4)\tThe Registrars must correct an entry in a register that is not, or has ceased to be, correct.\n\t(5)\tThe registers must be kept available for inspection by any person during ordinary office hours at the principal office of the Board and the registers, or extracts of the registers, may be made available to the public by electronic means.\n\t(6)\tA person may, on payment of the prescribed fee, obtain a copy of any part of a register.\nDivision 2—Registration on schools register\n42—Schools to be registered\n\t(1)\tA school at which education services are provided, or students enrolled, must be registered under this Division.\n\t(2)\tIf a school provides education services or enrols students in contravention of subsection (1)—\n\t(a)\tif the school is an incorporated or trustee services provider—the school; or\n43—Registration on schools register\n\t(1)\tSubject to this Act, a school is eligible for registration on the schools register if the Board, on application made in accordance with this Act, is satisfied that—\n\t(a)\tthe nature and content of the instruction offered, or to be offered, at the school is satisfactory; and\n\t(b)\tthe school provides adequate protection for the safety, health and welfare of its students; and\n\t(c)\tthe school satisfies any other requirements set out in the regulations for the purposes of this subsection.\n\t(2)\tThe Governor may only make regulations for the purposes of subsection (1) on the recommendation of the Board.\n\t(3)\tBefore making a recommendation for the purposes of subsection (2), the Board must consult with the bodies prescribed by the regulations for the purposes of this subsection (and may consult with any other person or body the Board thinks fit).\n\t(4)\tAn application for registration must—\n\t(a)\tbe made in a manner and form determined by the Board; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(5)\tAn applicant for registration must provide the Board with such further information as the Board may reasonably require to determine the application.\n\t(6)\tA school's registration remains in force until cancelled under this Act.\n44—Board may impose conditions on registration\n\t(1)\tThe Board may impose such conditions on the registration of a school as it thinks fit (including, to avoid doubt, a condition restricting the kind of education services that may be provided by the school).\n\t(2)\tThe Board may, by notice in writing, on application by the school concerned or of its own motion, vary the conditions of registration of the school by the addition, substitution or deletion of 1 or more conditions.\n45—Certificates of registration\n\t(1)\tIf the Board registers a school on the schools register, the Board must issue to the school a certificate of registration in the prescribed form (and if a registered school has more than 1 campus, the Board must issue a sufficient number of duplicate certificates of registration to enable the school to comply with this section).\n\t(2)\tA registered school must at all times and in a conspicuous place at each of the school's campuses, display—\n\t(a)\tthe certificate of registration, or a duplicate certificate of registration, for the school; and\n\t(b)\ta copy of any notice under section 44 varying the conditions of registration of the school.\n46—Removal from schools register\n\t(1)\tThe Board must remove a school from the schools register—\n\t(a)\ton the application of the school; or\n\t(b)\tif the school ceases to be eligible for registration on the schools register; or\n\t(c)\tif the school's registration is suspended or cancelled under this Act.\n\t(2)\tThe Board may act under subsection (1)(c) without giving prior notice to the school.\n47—Board may cancel registration if education services not provided\nThe Board may cancel the registration of a registered school if the Board is satisfied that the school no longer provides education services pursuant to the registration.\n48—Reinstatement on schools register\n\t(1)\tA school that has been removed from the schools register—\n\t(a)\ton application by the school; or\n\t(b)\ton account of the school ceasing to be eligible for registration on the schools register,\nmay apply to the Board for reinstatement on the schools register.\n\t(2)\tSubject to subsection (3), a school whose registration has been suspended may apply to the Board for reinstatement on the schools register.\n\t(3)\tIf in disciplinary proceedings the registration of a school is suspended for a specified period, the school may, with the consent of the Board, apply for reinstatement before the end of that period but such reinstatement does not have effect until after the expiration of the period.\n\t(4)\tA school that has been disqualified from being registered under this Act may, subject to the terms of the order for disqualification, apply to the Board for reinstatement on the schools register.\n\t(5)\tAn application for reinstatement must—\n\t(a)\tbe made to the Board in the manner and form approved by the Board; and\n\t(b)\tbe accompanied by the reinstatement fee fixed under this Act.\n\t(6)\tAn applicant for reinstatement must provide the Board with such further information as the Board may reasonably require to determine the application.\n\t(7)\tThe Board may only reinstate on the schools register an applicant under this section if satisfied that the applicant is eligible for registration on that register.\n\t(8)\tWithout limiting the circumstances in which the Board may refuse to reinstate an applicant on the schools register, the Board may refuse to reinstate an applicant on the schools register until all complaints (if any) laid against the applicant under this Act, or a law of another State or a Territory of the Commonwealth providing for the registration or some other form of accreditation of persons who provide education services, have been finally disposed of.\n49—Endorsement of registration with approval to enrol full fee paying overseas students\n\t(1)\tIf the Board is satisfied on application under this section that a registered school has satisfied the requirements set out in the regulations for the purposes of this subsection, the Board must endorse the school's registration with an approval to enrol full fee paying overseas students.\n\t(2)\tAn application for endorsement—\n\t(a)\tmust be made in a manner and form determined by the Board; and\n\t(b)\tmay be dealt with at the same time as an application for registration under this Division; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(3)\tAn applicant for endorsement must provide the Board with such further information as the Board may reasonably require to determine the application.\n\t(4)\tAn endorsement—\n\t(a)\tmay be subject to such conditions as the Board thinks fit; and\n\t(b)\thas effect for the period specified by the Board in the endorsement.\n\t(5)\tThe Board may, by notice in writing, on application by the school concerned—\n\t(a)\tvary the conditions of an endorsement by the addition, substitution or deletion of 1 or more conditions; or\n\t(b)\textend the period during which the endorsement has effect.\n50—Removal of endorsement\n\t(1)\tThe Board must remove an endorsement from a school's registration—\n\t(a)\ton the application of the school; or\n\t(b)\tif the endorsement is cancelled under this Act.\n\t(2)\tThe Board may act under subsection (1)(b) without giving prior notice to the school.\n\t(3)\tThe Board may remove the endorsement from a school's registration if the Board is satisfied that the school no longer satisfies the requirements set out in the regulations for the purposes of section 49(1).\n","sortOrder":10},{"sectionNumber":"Div 3","sectionType":"division","heading":"Offences","content":"Division 3—Offences\n51—Procurement of registration by fraud\nA person who, by fraud or any other dishonest means, procures (whether for himself or herself or for another person or body)—\n\t(a)\tregistration, or reinstatement of registration, under this Act; or\n\t(b)\tendorsement of a registration,\n52—Improper directions to another member of governing authority\nA person who occupies a position of authority in an incorporated or trustee services provider and who directs or pressures a member of the governing authority of the school, or the responsible authority for the school, to engage in misconduct is guilty of an offence.\n53—Illegal holding out\n\t(1)\tA person must not hold a school out as a registered school, or permit another person to do so, unless the school is a registered school.\n\t(2)\tA person must not hold a registered school out as having a registration that is subject to, or not subject to, a particular condition, or permit another person to do so, unless the school's registration is subject to, or not subject to, the condition (as the case requires).\n\t(3)\tA person must not hold a registered school out as having a registration that is endorsed with an approval to enrol full fee paying overseas students, or permit another person to do so, unless the registration of the school is so endorsed.\n","sortOrder":11},{"sectionNumber":"Div 4","sectionType":"division","heading":"Review of registration","content":"Division 4—Review of registration\n54—Review of registration\n\t(1)\tThe Board must review the registration of registered schools in accordance with any requirements set out in the regulations.\n\t(2)\tThe Governor may only make regulations for the purposes of subsection (1) on the recommendation of the Board.\n\t(3)\tWithout limiting section 36, the Board must give a registered school at least 21 days notice of a proposed review under this section.\n","sortOrder":12},{"sectionNumber":"Part 6","sectionType":"part","heading":"Record keeping and information gathering","content":"Part 6—Record keeping and information gathering\nDivision 1—Records to be kept by registered schools\n55—Interpretation\n\t(a)\ta reference to a registered school includes a reference to a person or body that is not but that was, at the relevant time, a registered school;\n\t(b)\ta reference to a person who is a member of a governing authority of a school includes a reference to a person who is not but who was, at the relevant time, a member of the governing authority for a school;\n\t(c)\ta reference to a person who occupies a position of authority in an incorporated or trustee services provider includes a reference to a person who is not but who was, at the relevant time, a person who occupied a position of authority in an incorporated or trustee services provider;\n\t(d)\ta reference to a responsible authority for a school includes a reference to a person who is not but who was, at the relevant time, a responsible authority for a school.\n56—Records to be kept by registered schools\n\t(1)\tA registered school must keep the following records in relation to the provision of education services by the school:\n\t(a)\tin relation to education services provided before the commencement of this section—any records required to be kept under section 72N of the Education Act 1972 (as in force immediately before the commencement of this section);\n\t(b)\tin relation to education services provided after the commencement of this section—the records required by the regulations.\n\t(2)\tThe records required to be kept under subsection (1) must be retained in accordance with any requirement set out in the regulations.\nDivision 2—Information gathering\n57—Board may require information\n\t(1)\tThe Board may, by notice in writing, require—\n\t(a)\ta registered school; or\n\t(b)\tin the case of an incorporated or trustee services provider—a person who occupies a position of authority in the provider,\nto provide such information in relation to the provision of education services by, or on behalf of, the school or person as the Board may reasonably require in relation to the administration of this Act.\n\t(2)\tA registered school or person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1).\n","sortOrder":13},{"sectionNumber":"Part 7","sectionType":"part","heading":"Disciplinary proceedings","content":"Part 7—Disciplinary proceedings\nDivision 1—Preliminary\n58—Application of Part\nThis Part does not apply to a teacher in respect of a matter that would constitute a proper cause for disciplinary action against the teacher under the Teachers Registration and Standards Act 2004.\n59—Interpretation\n\t(a)\ta reference to a registered school includes a reference to a school that is not but that was, at the relevant time, a registered school;\n\t(b)\ta reference to a person who is a member of a governing authority of a school includes a reference to a person who is not but who was, at the relevant time, a member of the governing authority for a school;\n\t(c)\ta reference to a person who occupies a position of authority in an incorporated or trustee services provider includes a reference to a person who is not but who was, at the relevant time, a person who occupied a position of authority in an incorporated or trustee services provider;\n\t(d)\ta reference to a responsible authority for a school includes a reference to a person who is not but who was, at the relevant time, a responsible authority for a school.\n60—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against a registered school if—\n\t(a)\tthe school's registration was improperly obtained; or\n\t(b)\tan endorsement on the school's registration was improperly obtained; or\n\t(c)\tthe school has contravened a condition of its registration; or\n\t(d)\tthe school has contravened a condition of an endorsement on its registration; or\n\t(e)\tthe school has contravened or failed to comply with a provision of this Act; or\n\t(f)\tthe school has contravened or failed to comply with a code of conduct applying to the school under this Act; or\n\t(g)\tthe school has not provided adequate protection for the safety, health and welfare of students to whom it provides education services; or\n\t(h)\ta member of the governing authority of the school is not a fit and proper person to be a member of such a governing authority; or\n\t(i)\tthe school, or a member of the governing authority of the school, has engaged in misconduct.\n\t(2)\tThere is proper cause for disciplinary action against a person who is a member of the governing authority of a registered school if—\n\t(b)\tthe person has, in connection with the provision of education services by the registered school, engaged in misconduct; or\n\t(c)\tthe person is not a fit and proper person to be a member of the governing authority of a registered school.\n\t(3)\tThere is proper cause for disciplinary action against a person who occupies a position of authority in an incorporated or trustee services provider if—\n\t(b)\tthe person has, in connection with the provision of education services by the provider, engaged in misconduct; or\n\t(c)\tthe person is not a fit and proper person to occupy a position of authority in an incorporated or trustee services provider.\n\t(4)\tThere is proper cause for disciplinary action against a responsible authority for a registered school if—\n\t(b)\tthe person has, in connection with the provision of education services by the registered school, engaged in misconduct; or\n\t(c)\tthe person is not a fit and proper person to be the responsible authority for a registered school.\nDivision 2—Constitution of Board for purpose of proceedings\n61—Constitution of Board for purpose of proceedings\n\t(1)\tThe Governor may appoint a person as a special member of the Board under this Part (and a person so appointed may (but need not) act as a member of the Board for the purpose of any proceedings under this Part).\n\t(2)\tThe Board will, for the purpose of hearing and determining proceedings under this Part, be constituted of not less than 3 members selected by the presiding member (or, in the absence of the presiding member, the deputy presiding member).\n\t(3)\tAt least 1 of the members of the Board, as constituted for the purposes of particular proceedings under this Part, must be a legal practitioner.\n\t(4)\tAt least 1 of the members of the Board, as constituted for the purposes of proceedings under this Part relating to a particular registered school or person, must be—\n\t(a)\tif the registered school, or the registered school or school education sector to which the alleged conduct of the person relates, is a Government school or the Government sector—a member of the Board appointed in accordance with section 22(2)(b); or\n\t(b)\tif the registered school, or the registered school or school education sector to which the alleged conduct of the person relates, is a member of the Association of Independent Schools of South Australia or such part of the school education sector as may be relevant to that association—a member of the Board appointed in accordance with section 22(2)(c); or\n\t(c)\tif the registered school, or the registered school or school education sector to which the alleged conduct of the person relates, is a Catholic school or the Catholic sector—a member of the Board appointed in accordance with section 22(2)(d).\n\t(5)\tProceedings of the Board as constituted for the purposes of particular proceedings under this Part will be presided over by—\n\t(a)\tif a member of the Board as constituted under this section is appointed by the presiding member or deputy presiding member (as the case requires) to preside over the proceedings—that member; or\n\t(b)\tin any other case—a member of the Board as constituted under this section who is a legal practitioner.\n\t(6)\tIf a member of the Board as constituted for the purposes of particular proceedings under this Part (other than the member presiding over the proceedings) dies or is for any other reason unable to continue with the proceedings, the Board constituted of the remaining members may, if the member presiding over the proceedings so determines, continue and complete the proceedings.\n\t(7)\tAny questions of law or procedure arising before the Board will be determined by the member presiding over the proceedings and any other questions by majority decision of the members.\n\t(8)\tThe Board constituted of the member presiding over the proceedings may, sitting alone—\n\t(a)\tdeal with—\n\t(i)\tpreliminary, interlocutory or procedural matters; or\n\t(ii)\tquestions of costs; or\n\t(iii)\tquestions of law; or\n\t(b)\tenter consent orders,\nand may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the member considers appropriate.\n\t(9)\tA member of the Board who is dealing with a question of law may refer the question for the opinion of the Supreme Court.\nDivision 3—Proceedings before Board\n62—Inquiries by Board as to matters constituting grounds for disciplinary action\n\t(1)\tA complaint setting out matters that are alleged to constitute grounds for disciplinary action against a registered school or person may be laid before the Board (in a manner and form approved by the Board) by—\n\t(a)\tthe relevant Registrar; or\n\t(b)\tthe Minister.\n\t(2)\tIf a complaint is laid under this section, the Board must, subject to this section, inquire into the subject matter of the complaint.\n\t(3)\tIf the complaint arises out of a review conducted under Part 5 Division 4, the Board may determine that the review constitutes an inquiry under this section.\n\t(4)\tIf, after conducting an inquiry under this section, the Board is satisfied on the balance of probabilities that there is proper cause for disciplinary action against the respondent, the Board may, by order, do 1 or more of the following:\n\t(a)\tif the respondent is a registered school—\n\t(i)\timpose conditions on the respondent's registration restricting the respondent's right to provide education services; or\n\t(ii)\tcancel any endorsement on the respondent's registration; or\n\t(iii)\tsuspend the respondent's registration for a period not exceeding 1 year; or\n\t(iv)\tcancel the respondent's registration; or\n\t(v)\tdisqualify the respondent from being registered under this Act;\n\t(b)\tif the respondent is the responsible authority for a school appointed by notice under section 8—revoke the respondent's appointment as the responsible authority for the school;\n\t(c)\tin any case—\n\t(i)\tcensure the respondent; or\n\t(ii)\tprohibit the respondent from carrying on the business of providing education services; or\n\t(iii)\tprohibit the respondent from being a member of a governing authority of a school; or\n\t(iv)\tprohibit the respondent from occupying a position of authority in a corporate or trustee services provider; or\n\t(v)\tprohibit the respondent from being a responsible authority for a school.\n\t(5)\tThe Board may—\n\t(a)\tstipulate that a disqualification or prohibition under subsection (4) is to apply—\n\t(i)\tpermanently; or\n\t(ii)\tfor a specified period; or\n\t(iii)\tuntil the fulfilment of specified conditions; or\n\t(iv)\tuntil further order; or\n\t(b)\tstipulate that an order relating to a registered school or person is to have effect at a specified future time and impose conditions as to the conduct of the school or person, or the person's business, until that time.\n63—Contravention etc of condition\n\t(1)\tIf a registered school contravenes or fails to comply with a condition imposed by the Board under section 62—\n\t(a)\tif the registered school is an incorporated or trustee services provider—the registered school; or\n\t(2)\tA person who contravenes or fails to comply with a condition imposed by the Board under section 62 is guilty of an offence.\n64—Contravention of prohibition order\n\t(1)\tA person who carries on the business of providing education services in contravention of an order of the Board under this Part is guilty of an offence.\n\t(2)\tA person who continues as or becomes a member of a governing authority of a school in contravention of an order of the Board under this Part is guilty of an offence.\n\t(3)\tA person who occupies a position of authority in a corporate or trustee services provider in contravention of an order of the Board under this Part is guilty of an offence.\n\t(4)\tA person who continues as or becomes the responsible authority for a school in contravention of an order of the Board under this Part is guilty of an offence.\n65—Register of prohibition orders\n\t(1)\tThe Board must keep a register of persons who have been prohibited by order of the Board under this Part from carrying on the business of providing education services, being a member of a governing authority of a school, occupying a position of authority in a corporate or trustee services provider or being the responsible authority for a school (as the case requires).\n\t(2)\tThe register—\n\t(a)\tmust not include any person who is dead;\n\t(b)\tmust include, in relation to each person on the register—\n\t(i)\tthe person's full name and business address; and\n\t(ii)\tparticulars of the order; and\n\t(iii)\tany other information required by the regulations.\n\t(3)\tThe Registrars are responsible to the Board for the form and maintenance of the register.\n\t(4)\tThe Registrars must correct an entry in the register that is not, or has ceased to be, correct.\n\t(5)\tThe register must be kept available for inspection by any person during ordinary office hours at the principal office of the Board and the register may be made available to the public by electronic means.\n\t(6)\tA person may, on payment of the prescribed fee, obtain a copy of any part of the register.\n66—Variation or revocation of conditions imposed by Board\n\t(1)\tThe Board may, by notice in writing, on application by a registered school, vary or revoke a condition imposed by the Board under section 62 in relation to the school's registration.\n\t(2)\tThe relevant Registrar and the Minister are entitled to appear and be heard on an application under this section.\n67—Further provisions as to proceedings before Board under this Part\n\t(1)\tSubject to this Act, the Board must give to all of the parties to proceedings before the Board under this Part at least 14 days written notice of the time and place at which it intends to conduct the proceedings, and must afford to the parties a reasonable opportunity to call and give evidence, to examine or cross‑examine witnesses, and to make submissions to the Board.\n\t(2)\tHowever, the Board may, if it thinks special reasons exist for doing so, give a lesser period of written notice under subsection (1).\n\t(3)\tThe requirement to give written notice under subsection (1) does not extend to adjournments.\n\t(4)\tIf a party to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Board may proceed to hear and determine the matter in the absence of that party.\n\t(5)\tA person who is aggrieved by the conduct of a person that is the subject matter of proceedings before the Board under this Part is, subject to any direction of the Board to the contrary, entitled to be present at the hearing of the proceedings.\nOther provisions relating to the procedures of the Board are set out in Part 4 Division 2 Subdivision 4.\n","sortOrder":14},{"sectionNumber":"Part 8","sectionType":"part","heading":"Enforcement","content":"Part 8—Enforcement\n68—Authorised officers\n\t(1)\tThe Board may, by notice in writing, authorise a person to be an authorised officer for the purposes of this Act.\n\t(2)\tAn authorisation may be made subject to conditions or limitations specified in the instrument of authorisation.\n\t(3)\tThe Board may, by notice in writing to an authorised officer, vary or revoke an authorisation, or a condition or limitation of an authorisation, on any grounds it thinks fit.\n69—Powers of authorised officers\n\t(1)\tIf there are reasonable grounds for suspecting—\n\t(a)\tthat there is proper cause for disciplinary action against a school or person; or\n\t(b)\tthat a school or person has committed an offence against this Act,\nan authorised officer may investigate the matter.\n\t(2)\tSubject to this Act, for the purposes of an investigation, or in relation to a review of the registration of a registered school under Part 5 Division 4, an authorised officer may—\n\t(a)\tat any reasonable time, enter and inspect—\n\t(i)\tthe premises of a registered school; or\n\t(ii)\tany other premises on which the authorised officer reasonably suspects an offence against this Act has been or is being committed; or\n\t(b)\twith the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or\n\t(c)\twhile on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the authorised officer reasonably believes may afford evidence relevant to the matters under investigation; or\n\t(d)\trequire any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection (including written documents or records that reproduce, in a readily understandable form, information kept by computer, microfilm or other process); or\n\t(e)\tinspect any documents or records produced to the authorised officer and retain them for such reasonable period as the authorised officer thinks fit, and make copies of the documents or records; or\n\t(f)\trequire any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the authorised officer in relation to those matters; or\n\t(g)\ttake photographs, films or video or audio recordings; or\n\t(h)\tif the authorised officer reasonably suspects that an offence against this Act has been or is being committed, require the suspected offender to state his or her full name and address.\n\t(3)\tAn authorised officer must not exercise the power conferred by subsection (2)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate.\n\t(4)\tA magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.\n70—Offence to hinder etc authorised officers\n\t(1)\tSubject to this section, a person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Part; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\twhen required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(d)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nMaximum penalty: $5 000.\n\t(2)\tA person is not required to answer a question if the answer to the question would tend to incriminate the person or make the person liable to a penalty.\n","sortOrder":15},{"sectionNumber":"Part 9","sectionType":"part","heading":"Review and appeal","content":"Part 9—Review and appeal\n71—Internal review of certain decisions of Board\n\t(1)\tThis section applies to the following decisions of the Board:\n\t(a)\ta refusal by the Board to register, or reinstate the registration of, a school under this Act;\n\t(b)\ta refusal by the Board to endorse the registration of a school under section 49;\n\t(c)\tthe removal by the Board of an endorsement of registration under section 50(3);\n\t(d)\tthe imposition by the Board of conditions on a school's registration or endorsement of registration under this Act (other than where the conditions were imposed under Part 7);\n\t(e)\tany other decision of a kind prescribed by the regulations.\n\t(2)\tA school or person who is the subject of a decision to which this section applies (the original decision) may apply to the Board for a review of the decision.\n\t(3)\tAn application under subsection (2)—\n\t(a)\tmust be made in a manner and form determined by the Board; and\n\t(b)\tunless the Board allows otherwise, must be made within 14 days after—\n\t(i)\tif the school or person was notified of the original decision in accordance with this Act—the day on which the school or person was so notified; or\n\t(ii)\tif the school or person was not notified of the original decision in accordance with this Act—the school or person becomes aware of the decision.\n\t(4)\tThe member of the Board or person who conducts the review must not have been involved in, or in relation to, the original decision.\n\t(5)\tThe person conducting the review may ask the applicant for further information.\n\t(6)\tA review must be conducted within 30 days after the application is made.\n\t(7)\tHowever, the period specified in subsection (6) may be extended by up to 30 days—\n\t(a)\tif a request for further information is made under subsection (5); or\n\t(b)\tby agreement between the applicant and the Board.\n\t(8)\tOn completion of a review, the Board—\n\t(i)\tconfirm the original decision; or\n\t(ii)\tvary the original decision; or\n\t(iii)\tquash the original decision and substitute any decision that the Board could have made in the first instance; and\n\t(b)\tmust, as soon as is reasonably practicable, give the applicant written notice of the results of the review setting the reasons for the Board's decision under paragraph (a).\nDivision 2—Appeal\n72—Right of appeal to District Court\n\t(1)\tAn appeal lies to the District Court against—\n\t(a)\ta refusal by the Board to register, or reinstate the registration of, a school under this Act; or\n\t(b)\ta refusal by the Board to endorse the registration of a school under section 49; or\n\t(c)\tthe removal by the Board of an endorsement of registration under section 50(3); or\n\t(d)\tthe imposition by the Board of conditions on a school's registration or endorsement of registration under this Act; or\n\t(e)\ta decision made by the Board in proceedings under Part 7.\n\t(2)\tAn appeal under subsection (1)(e) against a decision may be instituted—\n\t(a)\tin the case of a decision made in disciplinary proceedings—by the complainant or the respondent in the proceedings in which the decision was made;\n\t(b)\tin the case of a decision under section 66—by the applicant or a person entitled to be heard in the proceedings.\n\t(3)\tAn appeal must be instituted—\n\t(a)\tif the decision is the subject of a review under section 71—within 28 days after written notice is given to the applicant under section 71(8); or\n\t(b)\tin any other case—within 28 days after the date of the decision appealed against.\n73—Operation of order may be suspended\n\t(1)\tIf an order has been made by the Board, and the Board or the District Court is satisfied that an appeal against the order has been instituted, or is intended, the Board or District Court (as the case requires) may suspend the operation of the order until the determination of the appeal.\n\t(2)\tIf the Board has suspended the operation of an order under subsection (1), the Board may terminate the suspension, and if the District Court has done so, the District Court may terminate the suspension.\n74—Variation or revocation of conditions imposed by District Court\n\t(1)\tThe District Court may, on application by a registered school, vary or revoke a condition imposed by the District Court in relation to the registration of the school.\n\t(2)\tThe Board and the Minister are entitled to appear and be heard on an application under this section.\n","sortOrder":16},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"Part 10—Miscellaneous\n75—Use of certain terms or descriptions prohibited\n\t(1)\tA school that is not registered on the schools register must not use a prescribed term, or derivatives of the words comprising the term, to describe a service provided by the school.\n\t(2)\tIf a school contravenes subsection (1)—\n\t(a)\tif the school is an incorporated or trustee services provider—the school; or\n\t(3)\tA person who is not registered on the schools register must not use a prescribed term, or derivatives of the words comprising the term, to describe himself or herself or a service that he or she provides.\n\t(4)\tA person must not, in the course of advertising or promoting a service that he or she provides, use a prescribed term, or derivatives of the words comprising the term, to describe a school that is engaged in the provision of the service unless the school is registered on the schools register.\nprescribed term means—\n\t(a)\tregistered school; or\n\t(b)\tany other word or expression prescribed by the regulations.\n76—Exemptions\n\t(1)\tSubject to this section, the Minister may, by notice in writing—\n\t(a)\texempt a registered school or person, or a class of registered schools or persons, subject to such conditions as the Minister thinks fit and specifies in the notice, from specified provisions of this Act; or\n\t(b)\tvary the conditions of an exemption by the addition, substitution or deletion of 1 or more conditions.\n\t(2)\tThe Minister must consult with the Board before making a notice under subsection (1).\n\t(3)\tIf a registered school or person contravenes a condition of an exemption—\n\t(a)\t—\n\t(i)\tif the registered school is an incorporated or trustee services provider—the registered school; or\n\t(ii)\tin any other case—the responsible authority for the school; or\n\t(b)\tthe person,\n(as the case requires) is guilty of an offence.\n77—Statutory declarations\nIf a person is required under this Act to provide information to the Board, the Board may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Board.\n78—False or misleading statement\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information kept or provided under this Act.\n79—Victimisation\n\t(1)\tA person commits an act of victimisation against another person (the victim) if he or she causes detriment to the victim on the ground, or substantially on the ground, that the victim—\n\t(a)\thas disclosed or intends to disclose information; or\n\t(b)\thas made or intends to make an allegation,\nthat has given rise, or could give rise, to proceedings against the person under this Act.\n\t(2)\tAn act of victimisation under this Act may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, he or she cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, he or she cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(3)\tIf a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.\ndetriment includes—\n\t(a)\tinjury, damage or loss; or\n\t(b)\tintimidation or harassment; or\n\t(c)\tdiscrimination, disadvantage or adverse treatment in relation to the victim's employment or business; or\n\t(d)\tthreats of reprisal.\n80—Self‑incrimination\nSubject to this Act, if a person is required to provide information or to produce a document, record or equipment under this Act and the information, document, record or equipment would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, record or equipment, but the information, document, record or equipment so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than—\n\t(a)\tan offence against Part 6 of this Act; or\n\t(b)\tan offence against this or any other Act relating to the provision of false or misleading information.\n81—Punishment of conduct that constitutes offence\nIf conduct constitutes an offence and is also a ground for disciplinary action under this Act, the taking of disciplinary action under this Act is not a bar to conviction and punishment for the offence, nor is conviction and punishment for the offence a bar to disciplinary action under this Act.\n82—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n83—Offences by bodies corporate\nIf a body corporate commits an offence against this Act, 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 applicable to an individual.\n84—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n85—Immunity of persons engaged in administration of Act\n\t(1)\tNo personal liability attaches to a person engaged in the administration of this Act for an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of official powers or functions.\n\t(2)\tA liability that would, but for subsection (1), lie against a person, lies instead against the Crown.\n86—Application of fines\nA fine imposed for an offence against this Act must be paid to the Board.\n87—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration or enforcement of this or any other Act; or\n\t(d)\tto an authority responsible under the law of a place outside this State for the registration or accreditation of persons who provide education services or early childhood services, where the information is required for the proper administration of that law; or\n\t(e)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\n\t(4)\tThe regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act.\n88—Service\n\t(1)\tA notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or\n\t(c)\tbe left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.\n89—Evidentiary provision\n\t(1)\tIn proceedings for an offence against this Act or in disciplinary proceedings under Part 7, an allegation in the complaint—\n\t(a)\tthat a school named in the complaint is or is not, or was or was not on a specified date, registered on the schools register; or\n\t(b)\tthat the registration of a school named in the complaint is or is not, or was or was not on a specified date, subject to specified conditions; or\n\t(c)\tthat the registration of a school named in the complaint is or is not, or was or was not on a specified date, endorsed with an approval to enrol full fee paying overseas students; or\n\t(d)\tthat a person named in the complaint is, or was on a specified date, the responsible authority for a specified school; or\n\t(e)\tthat a person named in the complaint is, or was on a specified date, a member of the governing authority of a specified school; or\n\t(f)\tthat a person named in the complaint is, or was on a specified date, an authorised officer,\nmust be accepted as proved in the absence of proof to the contrary.\n\t(2)\tIn legal proceedings, a document apparently certified by a Registrar to be a copy of a register under this Act, or a copy of a code of conduct prepared or endorsed by the Board under this Act, must be accepted as such in the absence of proof to the contrary.\n90—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\tvary Schedule 2;\n\t(b)\tprescribe fees or charges for the purposes of this Act (including, to avoid doubt, for the purposes of the Education and Care Services National Law (South Australia)) and may provide for the payment, recovery, reduction or waiver of such fees or charges;\n\t(c)\texempt classes of persons or activities from the application of this Act or specified provisions of this Act, either unconditionally or subject to specified conditions;\n\t(d)\tprescribe penalties, not exceeding $10 000, for offences against the regulations;\n\t(e)\tmodify the operation of the Education and Care Services National Law and the national regulations under the Education and Care Services National Law (South Australia) as they apply in this jurisdiction (whether to a residual early childhood service or otherwise);\n\t(f)\tmake provisions of a saving or transitional nature consequent upon—\n\t(i)\tthe enactment of this Act; or\n\t(ii)\tamendments to the Education and Care Services National Law text; or\n\t(iii)\tamendments to the Education and Care Services National Law (South Australia); or\n\t(iv)\tvariations to the national regulations under the Education and Care Services National Law (South Australia).\n\t(3)\tA provision of a regulation contemplated by subsection (2)(a), (e) or (f) may, if the regulation so provides, take effect from the commencement of this section or from a later day (but if a provision takes effect from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by decreasing the person's rights or imposing liabilities on the person).\n\t(4)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors;\n\t(b)\trefer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time;\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Board or other specified person or body.\n\t(5)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n","sortOrder":17},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Education and Care Services National Law","content":"Schedule 1—Education and Care Services National Law\n\n1—Short title\nThis Law may be cited as the Education and Care Services National Law.\n2—Commencement\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.\n2A—Paramount consideration—safety, rights, and best interests of children\n\t(1)\tThe 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\t(2)\tThe following persons must have regard to and apply the paramount consideration when making any decision or taking any action in relation to the operation of an education and care service or the delivery of education and care services to children:\n\t(a)\tan approved provider of an education and care service;\n\t(b)\ta person with management or control of an education and care service;\n\t(c)\ta person in day‑to‑day charge of an education and care service;\n\t(d)\ta nominated supervisor of an education and care service;\n\t(e)\ta staff member of an education and care service;\n\t(f)\ta volunteer at an education and care service.\n\t(3)\tFor the purposes of this section—\n\t(a)\tin 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\t(b)\tin 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\t(c)\tin 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\t(4)\tSubsections (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.\n3—Objectives and guiding principles\n\t(1)\tThe 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\t(2)\tThe objectives of the national education and care services quality framework are—\n\t(a)\tto ensure the safety, health and wellbeing of children attending education and care services;\n\t(b)\tto improve the educational and developmental outcomes for children attending education and care services;\n\t(c)\tto promote continuous improvement in the provision of quality education and care services;\n\t(d)\tto 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\t(e)\tto improve public knowledge, and access to information, about the quality of education and care services;\n\t(f)\tto reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth.\n\t(3)\tThe guiding principles of the national education and care services quality framework are as follows—\n\t(a)\tthe paramount consideration set out in section 2A(1);\n\t(b)\tthat children are successful, competent and capable learners;\n\t(c)\tthat the principles of equity, inclusion and diversity underlie this Law;\n\t(d)\tthat Australia's Aboriginal and Torres Strait Islander cultures are valued;\n\t(e)\tthat the role of parents and families is respected and supported;\n\t(f)\tthat best practice is expected in the provision of education and care services.\n4—How functions to be exercised\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.\n5—Definitions\n\t(1)\tIn this Law—\napproval in principle means an approval in principle granted under section 110 for a proposed education and care service premises;\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;\napproval in principle holder means—\n\t(a)\ta person granted an approval in principle under section 110; or\n\t(b)\tif the approval in principle is transferred to another person under section 118 or 119, that person;\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;\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;\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;\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—\n\t(a)\ta 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\t(b)\ta preschool program delivered in a school if—\n\t(i)\tthe program is delivered in a class or classes where a full‑time education program is also being delivered to school children; and\n\t(ii)\tthe program is being delivered to fewer than 6 children in the school; or\n\t(c)\ta personal arrangement; or\n\t(d)\ta 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.\n\t(e)\ta service providing education and care to patients in a hospital or patients of a medical or therapeutic care service; or\n\t(f)\tcare provided under a child protection law of a participating jurisdiction; or\n\t(g)\ta prescribed class of disability service; or\n\t(h)\ta 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—\n\t(a)\tin 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\t(b)\tin relation to a family day care service—\n\t(i)\tan office of the family day care service; or\n\t(ii)\tan approved family day care venue; or\n\t(iii)\teach 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—\n\t(a)\tthe children taking part in the excursion leave the education and care service premises in the company of an educator; and\n\t(b)\tthe children do not leave the school;\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;\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—\n\t(a)\tis delivered through the use of 2 or more educators to provide education and care to children; and\n\t(b)\toperates 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.\nfamily member, in relation to a child, means—\n\t(a)\ta 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\t(b)\ta relative of the child according to Aboriginal or Torres Strait Islander tradition; or\n\t(c)\ta person with whom the child resides in a family‑like relationship; or\n\t(d)\ta 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;\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.\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;\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;\nnational education and care services quality framework means—\n\t(a)\tthis Law; and\n\t(b)\tthe national regulations; and\n\t(c)\tthe National Quality Standard; and\n\t(d)\tthe 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—\n\t(a)\tis nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and\n\t(b)\tunless 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.\noffice, in relation to a family day care service, means—\n\t(a)\tthe principal office of the service; or\n\t(b)\tthe principal office of the approved provider of the service; or\n\t(c)\tany other business office of the approved provider of the service; or\n\t(d)\tany premises of the service from which the service's family day care educators are co-ordinated;\nparent, in relation to a child, includes—\n\t(a)\ta guardian of the child; and\n\t(b)\ta person who has parental responsibility for the child under a decision or order of a court;\nPart 4 building means—\n\t(a)\ta building that has 3 or more storeys (including the ground level and each level of a split level); or\n\t(b)\ta building of a prescribed class;\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;\nPart 4 jurisdiction means a participating jurisdiction in which Part 4 of this Law applies;\nSee section 105.\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;\nparticipating jurisdiction means a State or Territory in which—\n\t(a)\tthis Law applies as a Law of the State or Territory; or\n\t(b)\ta 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—\n\t(a)\tan individual; or\n\t(b)\ta body corporate; or\n\t(c)\tan eligible association; or\n\t(d)\ta partnership; or\n\t(e)\ta 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;\nperson with management or control means a person referred to in section 5A;\npersonal arrangement means education and care provided to a child—\n\t(a)\tby 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\t(b)\tby 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);\nprotected disclosure—see section 296;\nprovider approval means a provider approval—\n\t(a)\tgranted under Part 2 of this Law or this Law as applying in another participating jurisdiction; and\n\t(b)\tas 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;\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;\nrelated provider determination means a determination made under section 5C(1)(a) or (b);\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—\n\t(a)\ta government school; or\n\t(b)\ta 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;\nservice approval means a service approval—\n\t(a)\tgranted under Part 3 of this Law or this Law as applying in another participating jurisdiction; and\n\t(b)\tas 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;\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;\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—\n\t(a)\tthe person has been assessed as suitable to work with children; or\n\t(b)\tthere has been no information that if the person worked with children the person would pose a risk to the children; or\n\t(c)\tthe 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.\n\t(2)\tIn 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\t(3)\tIn this Law a reference to education and care includes a reference to education or care.\n\t(4)\tIn 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\t(5)\tIn 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\t(6)\tIn 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, or applying, in a jurisdiction.\n5A—Meaning of person with management or control\nFor the purposes of this Law, each of the following persons is a person with management or control of an education and care service:\n\t(a)\tif the provider or intended provider of the service is a body corporate—\n\t(i)\tan 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\t(A)\tis a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n\t(B)\thas 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\t(b)\tif the provider or intended provider of the service is an eligible association—\n\t(i)\teach 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\t(A)\tis a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n\t(B)\thas 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\t(c)\tif the provider or intended provider of the service is a partnership—\n\t(i)\teach 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\t(A)\tis a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n\t(B)\thas 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\t(d)\tin any other case, any person who—\n\t(i)\tis a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or\n\t(ii)\thas 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.\n5B—Who is a related provider?\nIn this Law, a related provider means a person who is—\n\t(a)\ta 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\t(b)\tan 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\t(c)\ta former provider who is determined to be related to an approved provider or an applicant for a provider approval under a related provider determination.\n5C—Related provider determination\n\t(1)\tThe Regulatory Authority may determine that—\n\t(a)\tone or more approved providers or former providers are related to an applicant for a provider approval; or\n\t(b)\tone or more approved providers or former providers are related to each other.\n\t(2)\tThe Regulatory Authority must not make a related provider determination under this section unless it is satisfied that the prescribed circumstances apply.\n\t(3)\tA related provider determination must—\n\t(a)\tset out the reasons for the determination; and\n\t(b)\tbe given in accordance with the national regulations to—\n\t(i)\tin 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\t(ii)\tin 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\t(4)\tThe 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.\n5D—What is a systemic risk?\n\t(1)\tIn this Law, a systemic risk arises in relation to—\n\t(a)\tan applicant for a provider approval if the provider approval is granted and there is—\n\t(i)\ta 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\t(ii)\ta risk of the applicant contravening this Law or the national regulations; or\n\t(b)\tan approved provider if there is—\n\t(i)\ta 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\t(ii)\ta risk of the approved provider contravening this Law or the national regulations; or\n\t(c)\ta related provider of an applicant for a provider approval or a related provider of an approved provider if there is—\n\t(i)\ta 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\t(ii)\ta risk of the related provider contravening this Law or the national regulations.\n\t(2)\tIn determining whether there is a systemic risk, the Regulatory Authority may have regard to the following:\n\t(a)\tthe nature of the risk;\n\t(b)\twhether 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\t(c)\twhether the risk is shared between an approved provider and any related provider of the approved provider;\n\t(d)\thow the risk affects an approved provider and any related provider of the approved provider;\n\t(e)\tany other matter the Regulatory Authority considers relevant.\n6—Interpretation generally\n\t(1)\tSchedule 1 applies in relation to this Law.\n\t(2)\tThe National Partnership Agreement is declared to be a relevant document for the purposes of Schedule 1 of the definition of extrinsic material in clause 8(1) of Schedule 1.\n7—Single national entity\n\t(1)\tIt 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\t(2)\tAn 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\t(3)\tAn entity established by this Law may exercise its functions in relation to—\n\t(a)\tone participating jurisdiction; or\n\t(b)\t2 or more or all participating jurisdictions collectively.\n\t(4)\tIn this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.\n8—Extraterritorial operation of Law\nIt is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following:\n\t(a)\tthings situated in or outside the territorial limits of this jurisdiction;\n\t(b)\tacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n\t(c)\tthings, 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.\n9—Law binds the State\n\t(1)\tThis Law binds the State.\nState means the Crown in right of this jurisdiction, and includes—\n\t(a)\tthe Government of this jurisdiction; and\n\t(b)\ta Minister of the Crown in right of this jurisdiction; and\n\t(c)\ta statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\nPart 2—Provider approval\nDivision 1—Application for provider approval\n10—Application for provider approval\n\t(1)\tA person, other than a prescribed ineligible person, may apply to the Regulatory Authority for a provider approval.\n\t(2)\tAn application may be made by more than one person.\n\t(3)\tIf an application is made by more than one person—\n\t(a)\tthe prescribed information must be provided in respect of each person; and\n\t(b)\tthe requirements of this Division must be complied with by and in respect of each person.\n11—Form of application\nAn application under section 10 must—\n\t(a)\tbe made to the Regulatory Authority of the participating jurisdiction—\n\t(i)\tin which the applicant, or any of the applicants, is ordinarily resident; or\n\t(ii)\tif the applicant or applicants are not individuals, in which the principal office of the applicant or any of the applicants is located; and\n12—Applicant must be fit and proper person\n\t(1)\tAn 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\t(2)\tIf the applicant is not an individual, the applicant must satisfy the Regulatory Authority that—\n\t(a)\teach 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\t(b)\tthe applicant is a fit and proper person to be involved in the provision of an education and care service.\n\t(3)\tThe 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.\n13—Matters to be taken into account in assessing whether fit and proper person\n\t(1)\tIn determining whether a person is a fit and proper person under this Division, the Regulatory Authority must have regard to—\n\t(a)\tthe person's history of compliance with—\n\t(i)\tthis Law as applying in any participating jurisdiction; and\n\t(ii)\ta former education and care services law of a participating jurisdiction; and\n\t(iii)\ta children's services law of a participating jurisdiction; and\n\t(iv)\tan 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).\n\t(b)\tany 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\t(c)\teither—\n\t(i)\tany 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\t(ii)\tany check of the person under a working with vulnerable people law of a participating jurisdiction; and\n\t(d)\twhether 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\t(2)\tWithout limiting subsection (1), the Regulatory Authority may have regard to—\n\t(a)\twhether 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\t(b)\twhether 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\t(c)\twhether the person has the management capability to operate an education and care service in accordance with this Law; and\n\t(d)\tany of the following actions taken under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth in relation to a child care service approved under that Act, operated by the person or in relation to which the person was a person with management or control—\n\t(i)\tany sanction imposed under section 195H of that Act;\n\t(ii)\tany suspension imposed under section 197A of that Act;\n\t(iii)\tany infringement notice given under section 219WA of that Act.\n\t(2A)\tWithout 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\t(3)\tNothing 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.\n14—Regulatory Authority may seek further information\n\t(1)\tFor the purpose of carrying out an assessment as to whether a person is a fit and proper person, the Regulatory Authority may—\n\t(a)\task the person to provide further information, including for the purposes of assessing the person's knowledge of the National Quality Framework; and\n\t(b)\tundertake inquiries in relation to the person; and\n\t(c)\tby written notification, require the person to undergo an oral or written assessment of the person's knowledge of the National Quality Framework.\n\t(2)\tIf 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\t(3)\tIf 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.\n15—Grant or refusal of provider approval\n\t(1)\tOn an application under section 10, the Regulatory Authority may—\n\t(a)\tgrant the provider approval; or\n\t(b)\trefuse to grant the provider approval.\nA provider approval is granted subject to conditions in accordance with section 19.\n\t(2)\tThe Regulatory Authority must not grant a provider approval unless the Authority is satisfied as to the matters in section 12.\n\t(3)\tSubject to subsection (4), the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\nNotes—\n1\tIf 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.\n2\tIf 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\t(4)\tThe period referred to in subsection (3) may be extended by up to 30 days with the agreement of the applicant.\n\t(5)\tThe Regulatory Authority is taken to have refused to grant a provider approval if the Regulatory Authority has not made a decision under subsection (1)—\n\t(a)\twithin the relevant period required under subsection (3); or\n\t(b)\twithin the period extended under subsection (4),\n16—Notice of decision on application\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.\n17—Duration of provider approval\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.\n18—Effect of provider approval\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.\n19—Conditions on provider approval\n\t(1)\tA 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\t(2)\tWithout limiting subsection (1), a provider approval is subject to the condition that the approved provider must comply with this Law.\n\t(3)\tA 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\t(4)\tAn approved provider must comply with the conditions of the provider approval.\n20—Copy of provider approval\nIf the Regulatory Authority grants a provider approval under this Part, the Regulatory Authority must provide a copy of the provider approval to the approved provider stating—\n\t(a)\tthe name of the approved provider; and\n\t(b)\tif the approved provider is not an individual, the address of the principal office of the provider; and\n\t(c)\tany conditions to which the approval is subject; and\n\t(d)\tthe date that the provider approval was granted; and\n\t(e)\tthe provider approval number; and\nDivision 2—Reassessment\n21—Reassessment of fitness and propriety\n\t(1)\tThe Regulatory Authority may at any time assess—\n\t(a)\twhether 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\t(b)\twhether 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\t(c)\twhether 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\t(2)\tSections 13 and 14 apply to the reassessment.\nDivision 3—Amendment of provider approvals\n22—Amendment of provider approval on application\n\t(1)\tAn approved provider may apply to the Regulatory Authority for an amendment of the provider approval.\n\t(3)\tThe Regulatory Authority must decide the application by—\n\t(a)\tamending the provider approval in the way applied for; or\n\t(b)\twith the applicant's written agreement, amending the provider approval in another way; or\n\t(c)\trefusing to amend the provider approval.\n\t(4)\tThe Regulatory Authority must make a decision on the application within 30 days after the Regulatory Authority receives the application.\n\t(5)\tWithout limiting subsection (3), an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.\n23—Amendment of provider approval by Regulatory Authority\n\t(1)\tThe Regulatory Authority may amend a provider approval at any time without an application from the approved provider.\n\t(2)\tWithout limiting subsection (1), an amendment may vary a condition of the provider approval or impose a new condition on the provider approval.\n\t(2A)\tWithout limiting subsections (1) and (2), the Regulatory Authority may amend an approved provider's provider approval, vary a condition on an approved provider's provider approval or impose a new condition on an approved provider's provider approval if the Regulatory Authority is satisfied that—\n\t(b)\tthe 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\t(3)\tThe Regulatory Authority must give written notice to the approved provider of the amendment.\n\t(4)\tAn amendment under this section has effect—\n\t(a)\t14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or\n24—Copy of amended provider approval to be provided\nIf the Regulatory Authority amends a provider approval under this Division, the Regulatory Authority must—\n\t(a)\tprovide an amended copy of the provider approval to the approved provider; and\n\t(b)\tmake any necessary amendments to any service approval held by the provider and provide an amended copy of the service approval to the approved provider.\nDivision 4—Suspension or cancellation of provider approval\n25—Grounds for suspension of provider approval\n\t(1)\tThe Regulatory Authority may suspend a provider approval if—\n\t(a)\tthe 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\t(b)\tthe approved provider has failed to comply with a condition of the provider approval; or\n\t(c)\tthe approved provider has failed to comply with this Law as applying in any participating jurisdiction; or\n\t(d)\taction 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\t(e)\tthe 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\t(f)\tthe 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\t(g)\tthe approved provider has not paid any outstanding prescribed fees; or\n\t(h)\tunder 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.\n\t(i)\tthe 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 Regulatory Authority must refuse to approve a provider if the Regulatory Authority 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\t(2)\tWithout limiting subsection (1), the Regulatory Authority may suspend an approved provider's provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\n\t(b)\tthe suspension is reasonably necessary to address the systemic risk.\n26—Show cause notice before suspension\n\t(1)\tThis section applies if the Regulatory Authority is considering the suspension of a provider approval under section 25.\n\t(a)\tthat the Regulatory Authority intends to suspend the provider approval; and\n\t(b)\tthe proposed period of suspension; and\n\t(c)\tthe reasons for the proposed suspension; and\n\t(d)\tthat the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.\n27—Decision to suspend after show cause process\nAfter considering any written response from the approved provider received within the time allowed by section 26(2)(d), the Regulatory Authority may—\n\t(a)\tif 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\t(b)\tin any case—\n\t(i)\tsuspend the provider approval for a period not more than the prescribed period; or\n\t(ii)\tdecide not to suspend the provider approval.\n28—Suspension without show cause notice\n\t(1)\tThe 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\t(2)\tThe suspension may not be for a period of more than 6 months.\n29—Notice and taking effect of suspension\n\t(1)\tThe Regulatory Authority must give the approved provider written notice of the decision to suspend the provider approval.\n\t(2)\tThe notice of a decision to suspend must set out the period of suspension and the date on which it takes effect.\n\t(3)\tThe 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\t(4)\tThe decision under section 28 to suspend takes effect on the giving of the notice.\n30—Effect of suspension\n\t(1)\tSubject 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\t(2)\tA suspension under subsection (1) applies to both education and care services and any associated children's services.\n\t(3)\tA person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension.\n\t(4)\tA 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\t(5)\tThe Regulatory Authority may consent under Part 3 to the transfer of a service approval that is suspended under section 27 or 28.\n\t(6)\tThe 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.\n31—Grounds for cancellation of provider approval\n\t(1)\tThe Regulatory Authority may cancel a provider approval if—\n\t(a)\tthe 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\t(b)\tthe 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\t(c)\tthe 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\t(d)\tthe approved provider has been found guilty of an offence under this Law as applying in any participating jurisdiction; or\n\t(e)\tthe approved provider has breached a condition of the provider approval; or\n\t(f)\tthe 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\t(g)\tunder 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.\n\t(h)\tthe 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 Regulatory Authority must refuse to approve a provider if the Regulatory Authority 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\t(2)\tWithout limiting subsection (1), the Regulatory Authority may cancel an approved provider's provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\n\t(b)\tthe cancellation is reasonably necessary to address the systemic risk.\n32—Show cause notice before cancellation\n\t(1)\tThis section applies if the Regulatory Authority is considering the cancellation of a provider approval under section 31.\n\t(a)\tthat the Regulatory Authority intends to cancel the provider approval; and\n\t(c)\tthat the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.\n33—Decision in relation to cancellation\n\t(1)\tAfter considering any written response from the approved provider received within the time allowed under section 32(2)(c), the Regulatory Authority—\n\t(i)\tcancel the provider approval; or\n\t(ii)\tsuspend the provider approval for a period not more than the prescribed period; or\n\t(iii)\tdecide not to cancel the provider approval; and\n\t(b)\tmust give the approved provider written notice of the decision.\n\t(2)\tThe 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\t(3)\tThe notice of a decision to cancel the provider approval must set out the date on which it takes effect.\n\t(4)\tThis Law applies to a suspension of a provider approval under this section as if it were a suspension under section 27.\n34—Effect of cancellation\n\t(1)\tSubject 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\t(2)\tA cancellation under subsection (1) applies to both education and care services and any associated children's services.\n\t(3)\tA 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\t(4)\tA service approval is cancelled if a person referred to in subsection (3) ceases to manage or control the service.\n\t(5)\tA 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\t(6)\tThe 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\t(7)\tIf an application for consent to transfer is made, the service approval is suspended until the Regulatory Authority determines the application.\n\t(8)\tThe suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer specify a later date.\n\t(9)\tIf the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent.\n35—Approved provider to provide information to Regulatory Authority\n\t(1)\tThis section applies if a show cause notice has been given to an approved provider under section 26 or 32.\n\t(2)\tThe 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\t(3)\tThe 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.\n36—Notice to parents of suspension or cancellation\n\t(1)\tThis section applies if a provider approval has been suspended or cancelled under section 27, 28, 33 or 34.\n\t(2)\tThe 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\t(3)\tA person must comply with a requirement made of that person under subsection (2).\n37—Voluntary suspension of provider approval\n\t(1)\tAn 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\t(3)\tThe 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\t(4)\tThe Regulatory Authority must within 30 days after the application is made decide whether or not to grant the application.\n\t(5)\tThe Regulatory Authority must give written notice of its decision (including the period of suspension) to the approved provider.\n\t(6)\tIf 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\t(7)\tA suspension under this section remains in force for the period of time specified in the notice.\n\t(8)\tThe approved provider may apply to the Regulatory Authority to revoke the suspension before the end of the suspension period.\n\t(9)\tIf the Regulatory Authority grants the application to revoke the suspension, the suspension ceases on the date determined by agreement with the approved provider.\n\t(10)\tIf a provider approval is suspended under this section, each service approval held by the provider is also suspended for the same period unless—\n\t(a)\ta person is approved under section 41 to manage or control the education and care service to which the approval relates; or\n\t(b)\tthe service approval is transferred under Division 3 of Part 3.\n38—Surrender of provider approval by approved provider\n\t(1)\tAn approved provider may surrender the provider approval by written notice to the Regulatory Authority.\n\t(2)\tThe notice must specify a date on which the surrender is intended to take effect which must be—\n\t(a)\tafter the notice is given; and\n\t(b)\tafter the end of the period of notice required under subsection (3).\n\t(3)\tThe 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\t(4)\tIf a provider approval is surrendered, the approval is cancelled on the date specified in the notice.\n\t(5)\tIf 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","sortOrder":18},{"sectionNumber":"Div 5","sectionType":"division","heading":"Approval of executor, representative or guardian as approved provider","content":"Division 5—Approval of executor, representative or guardian as approved provider\n39—Death of approved provider\n\t(1)\tThis section applies if an approved provider dies.\n\t(2)\tA 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\t(3)\tThe 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\t(4)\tThe 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\t(5)\tThe executor of the estate of the approved provider may apply to the Regulatory Authority for a provider approval.\n\t(6)\tThe application must be made within 30 days of the death of the approved provider and must—\n\t(7)\tIn this section relevant period means—\n\t(a)\tthe period of 30 days after the death of the approved provider; or\n\t(b)\tif 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.\n40—Incapacity of approved provider\n\t(1)\tThis section applies if an approved provider has become incapacitated.\n\t(2)\tThe legal personal representative or guardian of an approved provider may apply to the Regulatory Authority for a provider approval.\n41—Decision on application\n\t(1)\tThe 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\t(2)\tSections 12, 13 and 14 apply to the assessment of a person under subsection (1).\n\t(3)\tSubject to this section, the Regulatory Authority may—\n\t(a)\tgrant the provider approval; or\n\t(b)\tgrant the provider approval subject to conditions; or\n\t(c)\trefuse to grant the provider approval.\n\t(4)\tAn approval under this section—\n\t(a)\tmay be granted for a period of not more than 6 months; and\n\t(b)\tmay be extended or further extended for periods of not more than 6 months—\nat the discretion of the Regulatory Authority.\n\t(5)\tThe 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","sortOrder":19},{"sectionNumber":"Div 6","sectionType":"division","heading":"Exercise of powers by another Regulatory Authority","content":"Division 6—Exercise of powers by another Regulatory Authority\n42—Exercise of powers by another Regulatory Authority\n\t(1)\tThis section applies if the Regulatory Authority has granted a provider approval under this Part.\n\t(2)\tA 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\t(3)\tA 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\t(4)\tA failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.\n\t(5)\tA cancellation or suspension of a provider approval in another participating jurisdiction has effect in this jurisdiction.\nPart 3—Service approval\nDivision 1—Application for service approval\n43—Application for service approval\n\t(1)\tAn approved provider may apply to the Regulatory Authority for a service approval for an education and care service.\n\t(2)\tAn 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\t(3)\tA 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.\n44—Form of application\n\t(1)\tAn application for a service approval must—\n\t(a)\tbe made to the Regulatory Authority of the participating jurisdiction in which the service is to be located; and\n\t(d)\tnominate one or more individuals to be nominated supervisors of the service; and\n\t(da)\tinclude from each nominated individual (other than the approved provider) the written consent to the nomination; and\n\t(e)\tinclude payment of the prescribed fee.\n\t(2)\tAn application for service approval may include an associated children's service.\n\t(3)\tAn 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.\n45—Regulatory Authority may seek further information\n\t(1)\tThe 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\t(1A)\tThe 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\t(2)\tIf 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.\n46—Investigation of application for service approval\n\t(1)\tFor the purposes of determining an application for a service approval, the Regulatory Authority may—\n\t(a)\tundertake 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\t(b)\tinspect the education and care service premises; and\n\t(c)\tinspect the policies and procedures of the service.\n\t(2)\tFor 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.\n47—Determination of application\n\t(1)\tSubject to subsection (3), in determining an application under section 43, the Regulatory Authority must have regard to—\n\t(a)\tthe National Quality Framework; and\n\t(b)\texcept 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\t(ba)\tany 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.\n\t(c)\tthe adequacy of the policies and procedures of the service; and\n\t(d)\twhether the applicant has a provider approval; and\n\t(e)\texcept 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\t(f)\tany other matter the Regulatory Authority thinks fit; and\n\t(g)\tany other prescribed matter.\n\t(2)\tIn addition, the Regulatory Authority may have regard to either of the following:\n\t(a)\twhether 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\t(b)\tthe 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\t(2A)\tIn 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\t(3)\tSubject 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\t(4)\tThe criteria referred to in subsection (3) do not include criteria relating to whether the applicant is a fit and proper person.\n48—Grant or refusal of service approval\n\t(1)\tOn an application under section 43, the Regulatory Authority may—\n\t(a)\tgrant the service approval; or\n\t(b)\trefuse to grant the service approval.\nA service approval is granted subject to conditions in accordance with section 51.\n\t(2)\tSubject 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.\n\t(3)\tThe period referred to in subsection (2) may be extended with the agreement of the applicant.\n\t(4)\tThe Regulatory Authority may grant a service approval solely for an education and care service if—\n\t(a)\tthe application includes an application for an associated children's service; and\n\t(b)\tthat associated children's service does not comply with the criteria referred to in section 47(3).\n\t(5)\tThe Regulatory Authority is taken to have refused to grant a service approval if the Regulatory Authority has not made a decision under subsection (1)—\n\t(a)\twithin the relevant time required under subsection (2); or\n\t(b)\twithin the period extended under subsection (3),\n\t(6)\tA service approval cannot be granted solely for an associated children's service.\n49—Grounds for refusal\n\t(1)\tThe Regulatory Authority must refuse to grant a service approval if—\n\t(a)\tthe 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\t(b)\tthe applicant does not have a provider approval.\n\t(1A)\tThe Regulatory Authority may refuse to grant a service approval on a ground set out in section 47(2A).\n\t(2)\tThe Regulatory Authority may refuse to grant a service approval on any other grounds prescribed in the national regulations.\n\t(3)\tThe Regulatory Authority must not refuse to grant a service approval on the ground that the education and care service premises do not meet the approval in principle criteria if—\n\t(a)\tthe approved provider is an approval in principle holder for the premises; and\n\t(b)\tthe 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.\n\t(4)\tSubsection (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).\n49A—Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle\n\t(1)\tThis 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\t(2)\tWithout limiting section 49(1), the Regulatory Authority must refuse to grant a service approval if—\n\t(a)\tthe education and care service premises for the service (other than a family day care service) are located in a Part 4 building; and\n\t(b)\tunder 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\t(c)\teither—\n\t(i)\tthe approved provider is not the approval in principle holder for the premises; or\n\t(ii)\tthe 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\t(3)\tDespite subsection (2), the Regulatory Authority may grant a service approval for an education and care service—\n\t(a)\tif satisfied that—\n\t(i)\tthe service approval is required for the emergency relocation of an education and care service; and\n\t(ii)\tthe education and care service premises is the most suitable available premises for the education and care service; or\n\t(b)\tin any other prescribed circumstances.\n\t(4)\tSubsection (2) does not apply if—\n\t(a)\ta service approval was previously granted for an education and care service at the premises; and\n\t(b)\tsince 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.\n50—Notice of decision on application\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.\n50A—Approval of a place as a family day care venue\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.\n51—Conditions on service approval\n\t(1)\tA service approval is granted subject to the condition that the education and care service is operated in a way that—\n\t(a)\tensures the safety, health and wellbeing of the children being educated and cared for by the service; and\n\t(b)\tmeets the educational and developmental needs of the children being educated and cared for by the service.\n\t(2)\tA 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\t(2A)\tA 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\t(3)\tA 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\t(4)\tA 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\t(4A)\tA 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\t(4B)\tAn approved provider is not required to comply with subsection (4A) if—\n\t(a)\tthe 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\t(b)\tthe 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.\n\t(5)\tA service approval is granted subject to any other conditions prescribed in the national regulations or imposed by—\n\t(a)\tthis Law; or\n\t(b)\tthe Regulatory Authority.\n\t(6)\tA 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\t(7)\tA 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\t(8)\tAn approved provider must comply with the conditions of a service approval held by the approved provider.\n52—Copy of service approval to be provided\nIf the Regulatory Authority grants a service approval under this Part, the Regulatory Authority must provide a copy of the service approval to the approved provider stating—\n\t(a)\tthe name of the education and care service; and\n\t(b)\tthe 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\t(c)\tany conditions to which the service approval is subject; and\n\t(d)\tthe date the service approval was granted; and\n\t(e)\tthe service approval number; and\n\t(f)\tthe name of the approved provider; and\n\t(g)\tfor 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\t(h)\tthe details of any service waiver under Division 5 or temporary waiver under Division 6 applying to the service; and\n\t(i)\tany other prescribed matters.\n53—Annual fee\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.\nDivision 2—Amendment of service approval\n54—Amendment of service approval on application\n\t(1)\tAn approved provider may apply to the Regulatory Authority for an amendment of a service approval.\n\t(1A)\tAn 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\t(3)\tThe Regulatory Authority may ask the approved provider to provide any further information that is reasonably required for the purpose of assessing the application.\n\t(4)\tIf 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\t(5)\tThe Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\n\t(6)\tThe Regulatory Authority must decide the application by—\n\t(a)\tamending the service approval in the way applied for; or\n\t(b)\twith the applicant's written agreement, amending the service approval in another way; or\n\t(c)\trefusing to amend the service approval.\n\t(7)\tWithout limiting subsection (6), an amendment may vary a condition of the service approval or impose a new condition on the service approval.\n\t(8)\tSubject to subsection (8A), an amendment cannot change a location of an education and care service.\n\t(8A)\tThe 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\t(9)\tThe Regulatory Authority must give written notice of its decision to the approved provider.\n55—Amendment of service approval by Regulatory Authority\n\t(1)\tThe Regulatory Authority may amend a service approval at any time without an application from the approved provider.\n\t(2)\tWithout limiting subsection (1), an amendment may vary a condition of the service approval or impose a new condition on the service approval.\n\t(2A)\tWithout limiting subsections (1) and (2), the Regulatory Authority may amend an approved provider's service approval, vary a condition on an approved provider's service approval or impose a new condition on an approved provider's service approval if the Regulatory Authority is satisfied that—\n\t(b)\tthe 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\t(3)\tThe Regulatory Authority must give written notice of the amendment to the approved provider.\n\t(4)\tAn amendment under this section has effect—\n\t(a)\t14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or\n\t(5)\tThe 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.\n55A—Condition relating to family day care co‑ordinators\n\t(1)\tWithout 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.\nExamples—\n1\tIf 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.\n2\tIf 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\t(2)\tA condition may only be imposed under subsection (1) if—\n\t(a)\tthe family day care service has been operating for more than 12 months; and\n\t(b)\tthe Regulatory Authority—\n\t(i)\thas taken into account the approved provider's capability and compliance with this Law in respect of the family day care service; and\n\t(ii)\tconsiders that family day care educators are not adequately monitored and supported by a family day care co-ordinator.\n\t(3)\tSection 163 does not apply if a condition is imposed under subsection (1) in respect of a family day care service.\n\t(4)\tA person is a qualified person under this section if the person has the qualifications prescribed by the national regulations.\n56—Notice of addition of nominated supervisor\n\t(1)\tThe 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\t(a)\tnominate 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\t(c)\tbe given—\n\t(i)\tat least 7 days before the individual is to commence work as a nominated supervisor; or\n\t(ii)\tif 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.\n56A—Notice of change of a nominated supervisor's name or contact details\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.\n57—Copy of amended service approval to be provided\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.\nDivision 3—Transfer of service approval\n58—Service approval may be transferred\n\t(1)\tSubject 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\t(2)\tIf 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\t(3)\tA 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.\n59—Regulatory Authority to be notified of transfer\n\t(1)\tThe transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority of the transfer—\n\t(a)\tat least 60 days before the transfer is intended to take effect; or\n\t(b)\tif the Regulatory Authority considers that the circumstances are exceptional, a lesser period agreed to by the Regulatory Authority.\n\t(ab)\tspecify the date on which the transfer is intended to take effect; and\n59A—Further notification required in case of delay to transfer date\n\t(1)\tIf, 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\t(2)\tA 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.\n60—Consent of Regulatory Authority required for transfer\nA service approval cannot be transferred without the consent of the Regulatory Authority.\n61—Consent taken to be given unless Regulatory Authority intervenes\nThe Regulatory Authority is taken to have consented to the transfer of a service approval if—\n\t(a)\tthe parties have given a notification under section 59; and\n\t(b)\t28 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.\n62—Transfer may be subject to intervention by Regulatory Authority\n\t(1)\tThe Regulatory Authority may intervene in a transfer of a service approval if the Regulatory Authority is concerned as to any of the following matters:\n\t(a)\twhether 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\t(b)\tthe 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\t(c)\tany other matter relevant to the transfer of the service approval.\n\t(2)\tThe Regulatory Authority must notify the transferring approved provider and the receiving approved provider of the decision to intervene.\n\t(3)\tSubject 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\t(4)\tA notification under subsection (2) must—\n\t(b)\tinclude the prescribed information.\n\t(5)\tThe 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.\n63—Effect of intervention\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.\n64—Regulatory Authority may request further information\nIf the Regulatory Authority has intervened under section 62, the Regulatory Authority may—\n\t(a)\trequest further information from the transferring approved provider or receiving approved provider for the purposes of deciding whether to consent to the transfer; and\n\t(b)\tundertake inquiries in relation to the receiving approved provider for that purpose.\n65—Decision after intervention\n\t(1)\tIf the Regulatory Authority has intervened under section 62, it may decide—\n\t(a)\tto consent to the proposed transfer; or\n\t(b)\tto refuse to consent to the proposed transfer.\n\t(2)\tIf 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\t(3)\tThe service approval must be transferred in accordance with the conditions imposed on the consent.\n66—Regulatory Authority to notify outcome 10 days before transfer\n\t(1)\tIf the Regulatory Authority has intervened in the transfer of a service approval, the Authority must, at least 10 days before the date on which the transfer is intended to take effect, give a notice to each party specifying that the Authority—\n\t(a)\tconsents to the transfer; or\n\t(b)\trefuses to consent to the transfer; or\n\t(c)\thas 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\t(d)\thas 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\t(2)\tIf the Regulatory Authority consents to the transfer, the notice—\n\t(a)\tmust specify—\n\t(i)\tthe date on which the transfer is to take effect; and\n\t(ii)\tany conditions on the consent to the transfer; and\n\t(b)\tmay 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\t(3)\tIf the Regulatory Authority refuses to consent to the transfer, the notice must include the reasons for the refusal.\n67—Transfer of service approval without consent is void\nA transfer of a service approval is void if—\n\t(a)\tit is made without the consent of the Regulatory Authority; or\n\t(b)\tit is made in contravention of the conditions imposed by the Regulatory Authority on the consent to the transfer; or\n\t(c)\tit is made to a person who is not the approved provider who gave the notification under section 59 as the receiving approved provider.\n67A—Request for earlier transfer date after consent given to transfer\n\t(1)\tThis section applies if the Regulatory Authority has consented to or is taken to have consented to the transfer of a service approval.\n\t(2)\tThe 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\t(3)\tThe Regulatory Authority may agree to the requested earlier date if the Regulatory Authority considers that exceptional circumstances exist.\n68—Confirmation of transfer\n\t(1)\tThe transferring approved provider and the receiving approved provider must give written notice to the Regulatory Authority within 2 days after the transfer takes effect specifying the date of the transfer.\n\t(2)\tOn 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\t(3)\tThe amendment to the service approval is taken to take effect on the date of the transfer.\n\t(4)\tAn 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.\n69—Notice to parents\n\t(1)\tThe receiving approved provider must give written notice to the parents of children enrolled at an education and care service of the transfer of the service approval for that service to that provider.\n\t(2)\tThe notice must be given at least 7 days before the date on which the transfer of the service approval takes effect.\nDivision 4—Suspension or cancellation of service approval\n70—Grounds for suspension of service approval\n\t(1)\tA Regulatory Authority may suspend a service approval if—\n\t(a)\tthe 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\t(b)\ta condition of the service approval has not been complied with; or\n\t(c)\tthe service is not being managed in accordance with this Law; or\n\t(d)\tthe service has operated at a rating level as not meeting the National Quality Standard and—\n\t(i)\ta service waiver or temporary waiver does not apply to the service in respect of that non‑compliance; and\n\t(ii)\tthere has been no improvement in the rating level; or\n\t(e)\tthe approved provider has contravened this Law as applying in any participating jurisdiction; or\n\t(f)\tthe 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\t(g)\tthe approved provider has—\n\t(i)\tceased to operate the education and care service at the education and care service premises for which the service approval was granted; and\n\t(ii)\twithin 6 months of ceasing to operate the service, has not transferred the service to another approved provider; or\n\t(h)\tthe approved provider has not, within 6 months after being granted a service approval, commenced ongoing operation of the service; or\n\t(i)\tthe approved provider has not paid the prescribed annual fee for the service approval.\n\t(2)\tWithout limiting subsection (1), the Regulatory Authority may suspend an approved provider's service approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\n\t(b)\tthe suspension is reasonably necessary to address the systemic risk.\n71—Show cause notice before suspension\n\t(1)\tThis section applies if the Regulatory Authority is considering the suspension of a service approval under section 70.\n\t(a)\tthat the Regulatory Authority intends to suspend the service approval; and\n\t(b)\tthe proposed period of suspension; and\n\t(c)\tthe reasons for the proposed suspension; and\n\t(d)\tthat the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension.\n72—Decision in relation to suspension\nAfter considering any written response from the approved provider received within the time allowed by section 71(2)(d), the Regulatory Authority may—\n\t(a)\tif 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\t(b)\tin any case—\n\t(i)\tsuspend the service approval for a period not more than the prescribed period; or\n\t(ii)\tdecide not to suspend the service approval.\n73—Suspension of service approval without show cause\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.\n74—Notice and effect of decision\n\t(1)\tThe Regulatory Authority must give the approved provider written notice of the decision to suspend.\n\t(2)\tSubject 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\t(3)\tSubject to section 76, the decision under section 73 to suspend takes effect on the giving of the notice.\n\t(4)\tThe notice of a decision to suspend must set out—\n\t(a)\tthe period of suspension; and\n\t(b)\tthe date on which it takes effect.\n\t(5)\tA suspension of a service approval also suspends the service approval to the extent that it relates to an associated children's service.\n75—Suspension of service approval to the extent that it relates to associated children's service\n\t(1)\tIf 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\t(2)\tThe 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\t(3)\tIf a final determination is made under the children's services law of this jurisdiction that a service approval should be suspended to the extent that it relates to an associated children's service—\n\t(a)\tthe children's services regulator must advise the Regulatory Authority of that determination; and\n\t(b)\tthe service approval is suspended to the extent that it relates to the associated children's service in accordance with that determination.\n76—Transfer of suspended service\n\t(1)\tThe Regulatory Authority may consent under this Part to the transfer of a service approval that is suspended under section 72 or 73.\n\t(2)\tThe 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.\n77—Grounds for cancellation of service approval\n\t(1)\tA Regulatory Authority may cancel a service approval if—\n\t(a)\tthe 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\t(b)\tthe 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\t(c)\tthe service approval was obtained improperly; or\n\t(d)\ta condition of the service approval has not been complied with.\n\t(2)\tWithout limiting subsection (1), the Regulatory Authority may cancel an approved provider's service approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that—\n\t(b)\tthe cancellation is reasonably necessary to address the systemic risk.\n78—Show cause notice before cancellation\n\t(1)\tThis section applies if the Regulatory Authority is considering the cancellation of a service approval under section 77.\n\t(a)\tthat the Regulatory Authority intends to cancel the service approval; and\n\t(c)\tthat the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation.\n79—Decision in relation to cancellation\n\t(1)\tAfter considering any written response from the approved provider received within the time allowed by section 78(2)(c), the Regulatory Authority—\n\t(i)\tcancel the service approval; or\n\t(ii)\tsuspend the service approval for a period not more than the prescribed period; or\n\t(iii)\tdecide not to cancel the service approval; and\n\t(b)\tmust give the approved provider written notice of the decision.\n\t(2)\tSubject to section 81, the decision to cancel the service approval takes effect—\n\t(a)\tat the end of 14 days after the date of the decision; or\n\t(3)\tThe notice of a decision to cancel must set out the date on which it takes effect.\n\t(4)\tA 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\t(5)\tThis Law applies to a suspension of a service approval under this section as if it were a suspension under section 72.\n80—Cancellation of service approval to the extent that it relates to associated children's service\n\t(1)\tIf 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\t(2)\tThe 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\t(3)\tIf a final determination is made under the children's services law of this jurisdiction that a service approval should be cancelled to the extent that it relates to an associated children's service—\n\t(a)\tthe children's services regulator must advise the Regulatory Authority of that determination; and\n\t(b)\tthe service approval is cancelled to the extent that it relates to the associated children's service in accordance with that determination.\n81—Application for transfer of cancelled service\n\t(1)\tAn 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\t(2)\tThe application for consent to transfer must be made within 14 days after the decision to cancel the service approval is made.\n\t(3)\tIf 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\t(4)\tAn 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.\n82—Decision on application to transfer cancelled service\n\t(1)\tIf the Regulatory Authority consents to the transfer—\n\t(a)\tthe decision to cancel the service approval is revoked; and\n\t(b)\tthe 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\t(2)\tIf the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse to consent.\n83—Approved provider to provide information to Regulatory Authority\n\t(1)\tThis section applies if a show cause notice has been given to an approved provider under section 71 or 78.\n\t(2)\tThe 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\t(3)\tThe 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.\n84—Notice to parents of suspension or cancellation\n\t(1)\tThis section applies if a service approval has been suspended or cancelled under section 72, 73, 79 or 82.\n\t(2)\tThe 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\t(3)\tThe approved provider must comply with a requirement made under subsection (2).\n85—Voluntary suspension of service approval\n\t(1)\tAn 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\t(3)\tThe Regulatory Authority may agree to the suspension, having regard to whether the suspension is reasonable in the circumstances.\n\t(4)\tThe 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\t(5)\tThe Regulatory Authority must, within 30 days after the application is made, decide whether or not to grant the application.\n\t(6)\tIf the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider.\n86—Surrender of service approval\n\t(1)\tAn approved provider may surrender a service approval by written notice to the Regulatory Authority.\n\t(2)\tThe notice must specify a date on which the surrender is intended to take effect which must be—\n\t(a)\tafter the notice is given; and\n\t(b)\tafter the end of the period of notice required under subsection (3).\n\t(3)\tThe 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\t(4)\tIf a service approval is surrendered, the approval is cancelled on the date specified in the notice.\nDivision 5—Application for service waiver\n87—Application for service waiver for service\n\t(1)\tAn 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\t(1a)\tRegulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.\n\t(2)\tA 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\t(3)\tThe 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.\n88—Form of application\nAn application under section 87 must—\n89—Powers of Regulatory Authority in considering application\n\t(1)\tFor the purpose of determining an application under this Division, the Regulatory Authority may—\n\t(a)\task the applicant to provide further information; and\n\t(b)\tinspect the education and care service premises and the office of the applicant.\n\t(2)\tIf 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.\n90—Matters to be considered\nIn considering whether the grant of a service waiver is appropriate, the Regulatory Authority may have regard to—\n\t(a)\tany matters disclosed in the application; and\n\t(ab)\tthe 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\t(b)\tany other matter the Regulatory Authority thinks fit.\n91—Decision on application\n\t(1)\tOn an application under this Division, the Regulatory Authority may decide to grant the service waiver or refuse the application.\n\t(2)\tSubject 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\t(3)\tIf 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\t(4)\tIf 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\t(5)\tThe Regulatory Authority may, at any time remove, add to or vary any conditions placed on a service waiver under subsection (4).\n\t(6)\tIf a service waiver is granted or its conditions are amended under subsection (5), the Regulatory Authority must issue or reissue the service approval specifying—\n\t(a)\tthe national regulations that have been waived; and\n\t(b)\tany conditions placed on the waiver.\n92—Revocation of service waiver\n\t(1)\tThe Regulatory Authority may, at its discretion, revoke a service waiver.\n\t(2)\tAn 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\t(3)\tA revocation under this section takes effect at the end of the period prescribed in the national regulations.\n93—Effect of service waiver\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.\nDivision 6—Temporary waiver\n94—Application for temporary waiver\n\t(1)\tAn 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\t(2)\tRegulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.\n95—Form of application\nAn application under section 94 must—\n96—Regulatory Authority may seek further information\n\t(1)\tFor the purpose of determining an application under this Division, the Regulatory Authority may—\n\t(a)\task the applicant to provide further information; and\n\t(b)\tinspect the education and care service premises and the office of the applicant.\n\t(2)\tIf 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.\n97—Special circumstances\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.\n98—Decision on application\n\t(1)\tThe Regulatory Authority must notify the applicant within 60 days after the application is made of the Authority's decision on the application.\n\t(2)\tA temporary waiver must specify the period of the waiver which cannot be for a period of more than 12 months.\n\t(3)\tThe Regulatory Authority, on the application of the approved provider, may—\n\t(a)\textend and further extend the period of a temporary waiver by periods of not more than 12 months; and\n\t(b)\tgrant a further temporary waiver for an education and care service under this Division.\n\t(4)\tAn application under subsection (3) must include payment of the prescribed fee.\n\t(5)\tIf 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\t(6)\tThe Regulatory Authority may, at any time remove, add to or vary any conditions placed on a temporary waiver under subsection (5).\n\t(7)\tIf a temporary waiver is granted or its conditions are amended under subsection (6), the Regulatory Authority must issue or reissue the service approval specifying—\n\t(a)\tthe national regulations that have been temporarily waived; and\n\t(b)\tthe period of the waiver; and\n\t(c)\tany conditions placed on the waiver.\n99—Revocation of temporary waiver\nThe Regulatory Authority may, at its discretion, revoke a temporary waiver.\n100—Effect of temporary waiver\nWhile a temporary waiver is in force, the approved education and care service is not required to comply with the national regulations that have been temporarily waived.\n","sortOrder":20},{"sectionNumber":"Div 7","sectionType":"division","heading":"Exercise of powers by another Regulatory Authority","content":"Division 7—Exercise of powers by another Regulatory Authority\n101—Exercise of powers by another Regulatory Authority—family day care services\n\t(1)\tThis 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\t(2)\tA 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\t(3)\tA 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\t(4)\tA failure by a Regulatory Authority to comply with subsection (3) does not affect the validity of the exercise of the power.\n\t(5)\tA cancellation or suspension of a service approval for a family day care service in another participating jurisdiction has effect in this jurisdiction.\n","sortOrder":21},{"sectionNumber":"Div 8","sectionType":"division","heading":"Associated children's services","content":"Division 8—Associated children's services\n102—Application of this Law to associated children's services\nThis Law does not apply to an associated children's service except as expressly provided in this Law.\n","sortOrder":22},{"sectionNumber":"Div 9","sectionType":"division","heading":"Offences","content":"Division 9—Offences\n103—Offence to provide an education and care service without service approval\n\t(1)\tA person must not provide an education and care service unless—\n\t(a)\tthe person is an approved provider in respect of that service; and\n\t(b)\tthe education and care service is an approved education and care service.\n\t(2)\tSubsection (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.\n103A—Offence relating to places where education and care is provided as part of a family day care service\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.\n104—Offence to advertise education and care service without service approval\n\t(1)\tA person must not knowingly publish or cause to be published an advertisement for an education and care service unless it is an approved education and care service.\n\t(2)\tSubsection (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.\nPart 4—Approval in principle for education and care service premises located in certain types of buildings\nDivision 1—Application of this Part\n105—Application of Part to certain participating jurisdictions only\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.\nDivision 2—Application for approval in principle\n106—Application for approval in principle\n\t(1)\tA person may apply to the Regulatory Authority for the approval in principle of proposed education and care service premises.\n\t(2)\tAn application may be made if—\n\t(a)\tthe premises are for an education and care service (other than a family day care service); and\n\t(b)\tthe premises are proposed to be located in a new or existing Part 4 building; and\n\t(c)\tunder 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.\n107—Form and timing of application\n\t(1)\tAn application for an approval in principle must—\n\t(a)\tbe made to the Regulatory Authority of the Part 4 jurisdiction in which the building is to be located or is located; and\n\t(c)\tinclude 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\t(d)\tinclude the prescribed information; and\n\t(e)\tinclude payment of the prescribed fee.\n\t(2)\tAn 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.\n108—Regulatory Authority may seek further information\n\t(1)\tThe 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\t(2)\tIf 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.\n109—Determination of application for an approval in principle\nIn determining an application for an approval in principle, the Regulatory Authority must have regard to—\n\t(a)\tthe 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\t(b)\twhether the proposed education and care service premises would meet the approval in principle criteria once constructed, altered or repaired; and\n\t(c)\twhether 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\t(d)\tany other matter the Regulatory Authority considers relevant; and\n\t(e)\tany other prescribed matters.\n110—Grant or refusal of approval in principle\n\t(1)\tOn receiving an application under section 106, the Regulatory Authority may—\n\t(a)\tsubject to section 111, grant an approval in principle; or\n\t(b)\trefuse to grant an approval in principle.\n\t(2)\tSubject 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.\n\t(3)\tThe period referred to in subsection (2) may be extended with the agreement of the applicant.\n\t(4)\tThe Regulatory Authority is taken to have refused to grant an approval in principle if the Regulatory Authority has not made a decision under subsection (1)—\n\t(a)\twithin the relevant time required under subsection (2); or\n\t(b)\twithin the period extended under subsection (3),\n111—Regulatory Authority must refuse to grant approval in principle unless satisfied of certain matters\nThe Regulatory Authority must refuse to grant an approval in principle unless satisfied that—\n\t(a)\tthe proposed education and care service premises (once constructed, altered or repaired) and the site and location of those premises—\n\t(i)\twill be suitable for the operation of an education and care service; and\n\t(ii)\twill meet the approval in principle criteria; and\n\t(b)\tthe proposed education and care service premises will have direct egress to an assembly area to allow the safe evacuation of all children.\n112—Notice of decision on application for approval in principle\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.\n113—Copy of approval in principle to be provided\n\t(1)\tIf the Regulatory Authority grants an approval in principle, the Regulatory Authority must give a copy of the approval in principle to the applicant stating—\n\t(a)\tthe name of the approval in principle holder; and\n\t(b)\tthe site and location of the building or proposed building; and\n\t(c)\tthe location of the proposed education and care service premises within the building or proposed building; and\n\t(d)\tthe date on which the approval in principle was granted; and\n\t(e)\tthe 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.\n\t(2)\tThe copy of the approval in principle must—\n\t(a)\tattach a copy of any plan, drawing or specification that is the basis of the approval in principle of the premises; or\n\t(b)\tsufficiently describe any such plan, drawing or specification.\nDivision 3—Duties of approval in principle holder\n114—Duty to notify Regulatory Authority of any material change\nThe approval in principle holder must notify the Regulatory Authority of any material change to—\n\t(a)\tany plan, drawing or specification attached to, or described in, the approval in principle in accordance with section 113(2); or\n\t(b)\tthe 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.\nDivision 4—Amendment and transfer of approval in principle\n115—Amendment of approval in principle on application\n\t(1)\tThe approval in principle holder may apply to the Regulatory Authority for an amendment of an approval in principle.\n\t(3)\tThe Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\n\t(4)\tIf 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\t(5)\tThe Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application.\n\t(6)\tThe Regulatory Authority must decide the application by—\n\t(a)\tamending the approval in principle in the way applied for; or\n\t(b)\twith the applicant's written agreement, amending the approval in principle in another way; or\n\t(c)\trefusing to amend the approval in principle.\n\t(7)\tAn amendment cannot change the location of the proposed education and care service premises.\n\t(8)\tThe Regulatory Authority must give written notice of its decision to the approval in principle holder within 7 days after the decision is made.\n116—Amendment of approval in principle by Regulatory Authority\n\t(1)\tThe Regulatory Authority may amend an approval in principle at any time without an application.\n\t(2)\tThe 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\t(3)\tAn amendment under this section has effect—\n\t(a)\t14 days after the Regulatory Authority gives notice of the amendment under subsection (2); or\n117—Copy of amended approval in principle to be provided\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.\n118—Transfer of approval in principle\n\t(1)\tThe approval in principle holder (transferring approval in principle holder) may transfer the approval in principle to another person (receiving approval in principle holder).\n\t(2)\tA transfer takes effect on the day the Regulatory Authority receives a notice of transfer in accordance with subsection (3).\n\t(3)\tA notice of transfer must—\n\t(b)\tbe signed by both the transferring approval in principle holder and the receiving approval in principle holder; and\n\t(4)\tAs soon as practicable after receiving a notice of transfer, the Regulatory Authority must—\n\t(a)\tamend the approval in principle to specify the name of the receiving approval in principle holder; and\n\t(b)\tprovide an amended copy of the approval in principle to the receiving approval in principle holder.\n119—Transfer of approval in principle by Regulatory Authority\n\t(1)\tThe 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\t(2)\tOn transferring an approval in principle, the Regulatory Authority must—\n\t(a)\tamend the approval in principle to specify the name of the receiving approval in principle holder; and\n\t(b)\tprovide an amended copy of the approval in principle to the receiving approval in principle holder.\nDivision 5—Cancellation of approval in principle\n120—Regulatory Authority may cancel approval in principle\nThe Regulatory Authority may cancel an approval in principle if the Regulatory Authority is satisfied—\n\t(a)\tthat 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\t(b)\tthe 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.\n121—Show cause notice before cancellation\nIf the Regulatory Authority is considering the cancellation of an approval in principle under section 120, the Regulatory Authority must first give the approval in principle holder a show cause notice stating—\n\t(a)\tthat the Regulatory Authority intends to cancel the approval in principle; and\n\t(c)\tthat within 30 days after the notice is given, the holder may give the Regulatory Authority a written response to the proposed cancellation.\n122—Decision in relation to cancellation\n\t(1)\tAfter considering any written response from the approval in principle holder received within the time allowed by section 121(c), the Regulatory Authority must—\n\t(a)\tcancel the approval in principle; or\n\t(b)\tdecide not to cancel the approval in principle.\n\t(2)\tThe 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\t(3)\tThe decision to cancel the approval in principle takes effect—\n\t(a)\t14 days after the Regulatory Authority gives notice of the decision; or\n\t(4)\tThe notice of a decision to cancel must set out the date on which the cancellation takes effect.\nDivision 6—Expiry of approval in principle\n123—Expiry of approval in principle\n\t(1)\tAn approval in principle expires—\n\t(a)\ton the third anniversary of the day on which the approval in principle was granted; or\n\t(b)\tif the approval in principle is extended under section 124, on the day determined by the Regulatory Authority in accordance with that section.\n\t(2)\tDespite 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\t(3)\tDespite 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.\n124—Approval in principle may be extended\n\t(1)\tAny time before an approval in principle expires, the Regulatory Authority may extend an approval in principle—\n\t(a)\ton the application of the approval in principle holder; or\n\t(b)\twithout an application.\n\t(2)\tThe 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\t(3)\tAn application for extension must—\n\t(4)\tThe Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\n\t(5)\tIn determining an application for extension, the Regulatory Authority—\n\t(a)\tmust consider whether, before the proposed new expiry date—\n\t(i)\tthe construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\n\t(ii)\tan application for a service approval is likely to be made; and\n\t(b)\tmay consider whether—\n\t(i)\tthe proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\n\t(ii)\tthe approval in principle has previously been extended; and\n\t(iii)\tthe approval in principle has previously been reinstated.\n\t(6)\tAfter considering an application for extension, the Regulatory Authority must—\n\t(a)\tdecide to extend the approval in principle; or\n\t(b)\trefuse to extend the approval in principle.\n\t(7)\tIf the Regulatory Authority decides to extend an approval in principle, the Regulatory Authority must—\n\t(a)\tamend the approval in principle to specify the new date on which the approval in principle expires; and\n\t(b)\tprovide an amended copy of the approval in principle to the approval in principle holder.\n\t(8)\tIf 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.\n125—Expired approval in principle may be reinstated\n\t(1)\tIf 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\t(2)\tAn application for reinstatement must—\n\t(3)\tThe application for reinstatement must be made no later than 6 months after the date on which the approval in principle expired.\n\t(4)\tThe Regulatory Authority may ask the applicant to provide further information that is reasonably required for the purpose of assessing the application.\n\t(5)\tIn determining whether to reinstate an approval in principle, the Regulatory Authority—\n\t(a)\tmust consider whether, within the period that the approval in principle is to be reinstated—\n\t(i)\tthe construction, alteration or repair of the proposed education and care service premises is likely to be completed; and\n\t(ii)\tan application for a service approval is likely to be made; and\n\t(b)\tmay consider whether—\n\t(i)\tthe proposed education and care service premises is, or is being, constructed, altered or repaired in accordance with the approval in principle; and\n\t(ii)\tthe approval in principle has previously been extended; and\n\t(iii)\tthe approval in principle has previously expired and been reinstated.\n\t(6)\tThe Regulatory Authority must—\n\t(a)\treinstate an approval in principle; or\n\t(b)\trefuse to reinstate an approval in principle.\n\t(7)\tA reinstated approval in principle expires 12 months after the day on which the decision to reinstate the approval in principle is made.\n\t(8)\tIf 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\t(9)\tIf 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.\nPart 5—Assessments and ratings\nDivision 1—Assessment and rating\n133—Assessment for rating purposes\n\t(1)\tThe 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\t(2)\tUntil an approved education and care service is first assessed under this Part, it is taken to have the prescribed provisional rating.\n134—Rating levels\n\t(1)\tThe rating levels for the purposes of this Law are the levels prescribed by the national regulations.\n\t(2)\tThe highest rating level prescribed by the national regulations can only be given by the National Authority under this Part.\n135—Rating of approved education and care service\n\t(1)\tAfter carrying out a rating assessment of an approved education and care service, the Regulatory Authority must determine the rating level (other than the highest rating level)—\n\t(a)\tfor each quality area stated in the National Quality Standard; and\n\t(b)\tfor the overall rating of the service.\n\t(2)\tIn determining a rating level, the Regulatory Authority may have regard to—\n\t(a)\tany information obtained in the rating assessment; and\n\t(b)\tany information obtained in any monitoring or investigation of the service under this Law; and\n\t(c)\tthe service's history of compliance with this Law as applying in any participating jurisdiction; and\n\t(d)\tany other prescribed information.\n136—Notice to approved education and care service of rating\n\t(1)\tThe 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\t(2)\tThe notice under subsection (1) must be given within 60 days—\n\t(a)\tafter 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\t(b)\tif 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\t(3)\tA 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.\n137—Suspension of rating assessment\n\t(1)\tThis section applies in respect of a rating assessment of an approved education and care service if the assessment has not been completed and—\n\t(a)\tthe provider approval or the service approval for the service is suspended or cancelled; or\n\t(b)\ta compliance notice has been given to the approved provider in respect of the service; or\n\t(c)\ta notice has been given under section 179 in respect of the service; or\n\t(d)\tan action has been taken under section 189 in respect of a child or children being educated and cared for by the service.\n\t(2)\tThe Regulatory Authority must give the approved provider a written notice stating that notice of the outcome of the rating assessment will be given under section 136 within 60 days after—\n\t(a)\tthe end of the final period for review of the decision or action referred to in subsection (1); or\n\t(b)\tif that review is sought, the determination of the review.\nDivision 2—Reassessment and re-rating\n138—Regulatory Authority may reassess and re-rate approved education and care service\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.\n139—Application for reassessment and re-rating by approved provider\n\t(1)\tAn 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\t(3)\tAn application under this section can only be made once in every 2 year period, unless the Regulatory Authority agrees otherwise.\n140—Application of Division 1\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.\nDivision 3—Review by Regulatory Authority\n141—Review by Regulatory Authority\n\t(1)\tThis section applies to an approved provider that is given a notice under section 136.\n\t(2)\tThe approved provider may ask the Regulatory Authority that determined the rating levels to review the rating levels.\n\t(3)\tA request must be made within 14 days after the approved provider receives the notice.\n\t(4)\tA request must—\n\t(b)\tset out the grounds on which review is sought; and\n\t(c)\tbe accompanied by the prescribed information; and\n142—Process for review\n\t(1)\tThe 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\t(2)\tThe 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\t(3)\tA review under this section must be conducted within 30 days after the application for review is received.\n\t(4)\tThe Regulatory Authority may extend the 30 day review period under subsection (3) in one of the following circumstances—\n\t(a)\tfor an additional period of up to 30 days, if a request for further information is made under subsection (2);\n\t(b)\tfor an additional period of up to 30 days, by agreement between the approved provider and the Regulatory Authority;\n\t(c)\tfor 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.\n143—Outcome of review by Regulatory Authority\n\t(1)\tFollowing a review under section 142, the Regulatory Authority may:\n\t(a)\tconfirm the specific rating levels or the overall rating or both; or\n\t(b)\tamend the specific rating levels or the overall rating or both.\n\t(2)\tThe Regulatory Authority must give the approved provider written notice of the decision on the review within 30 days after the decision is made.\n\t(3)\tThe notice must set out—\n\t(a)\tthe rating levels and overall rating for the approved education and care service; and\n\t(b)\tthe reasons for the decision.\n\t(4)\tUnless 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.\nDivision 4—Review by Ratings Review Panel\nSubdivision 1—Application for review\n144—Application for further review by Ratings Review Panel\n\t(1)\tThis 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\t(2)\tThe 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\t(3)\tAn application may only be made on the ground that the Regulatory Authority—\n\t(a)\tdid not appropriately apply the prescribed processes for determining a rating level; or\n\t(b)\tfailed to take into account or give sufficient weight to special circumstances existing or facts existing at the time of the rating assessment.\n145—Form and time of application\n\t(1)\tAn application must be made under section 144 within 14 days after the decision of the Regulatory Authority is received under Division 3.\n\t(3)\tAn 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\t(4)\tThe National Authority must—\n\t(a)\twithin 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\t(b)\tinvite the Regulatory Authority to make submissions to the review.\nSubdivision 2—Establishment of Ratings Review Panel\n146—Establishment of Ratings Review Panel\n\t(1)\tThe Board must establish a Ratings Review Panel for the purposes of conducting a review under this Division.\n\t(2)\tThe Panel is to consist of up to 3 members appointed by the Board.\n\t(3)\tOne of the members is to be appointed as chairperson.\n\t(4)\tThe members are to be appointed from the Review Panel pool established under section 147.\n147—Review Panel pool\n\t(1)\tThe Board must establish a pool of persons to act as members of a Ratings Review Panel.\n\t(2)\tThe pool may consist of persons nominated by the Regulatory Authorities of each participating jurisdiction and the Commonwealth Minister.\n\t(3)\tSubject to subsection (4), the persons approved as members of the pool must have expertise or expert knowledge in one or more of the following areas:\n\t(a)\tearly learning and development research or practice;\n\t(b)\tlaw;\n\t(c)\ta prescribed area.\n\t(4)\tA member of staff of the National Authority may be approved as a member of the pool.\n148—Procedure of Panel\n\t(1)\tSubject to this Law, the procedure of a Ratings Review Panel is in its discretion.\n\t(2)\tThe chairperson of a Panel must convene meetings of the Panel.\n\t(3)\tA Panel must keep minutes of its deliberations setting out—\n\t(a)\tthe dates and duration of its deliberations; and\n\t(b)\tits decisions on the review.\n\t(4)\tThe Panel must seek to make decisions by consensus.\n\t(5)\tIn the absence of a consensus, a decision of the Panel is a decision of the majority of the members of the Panel.\n\t(6)\tIf a majority decision is not reached, the Panel is taken to have confirmed the rating levels determined by the Regulatory Authority.\n149—Transaction of business by alternative means\n\t(1)\tA 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\t(2)\tThe 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\t(3)\tPapers 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.\nSubdivision 3—Conduct of review\n150—Conduct of review\n\t(1)\tIn conducting a review, the Ratings Review Panel may consider—\n\t(a)\tany 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\t(b)\tthe approved provider's history of compliance with this Law as applying in any participating jurisdiction; and\n\t(c)\tthe approved education and care service's history of compliance with this Law as applying in any participating jurisdiction; and\n\t(d)\tthe application for review to the Regulatory Authority; and\n\t(e)\tany submissions made by the approved provider to the review by the Regulatory Authority; and\n\t(f)\tthe written findings on the review by the Regulatory Authority; and\n\t(g)\tthe application for review to the Ratings Review Panel; and\n\t(h)\tany written submissions or responses made to the Ratings Review Panel by the approved provider; and\n\t(i)\tany written submissions or responses made to the Ratings Review Panel by the Regulatory Authority relating to the stated grounds for review; and\n\t(j)\tany 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\t(2)\tThe Ratings Review Panel is not required to hold an oral hearing for a review.\n\t(3)\tThe Ratings Review Panel may ask the Regulatory Authority to provide in writing any information in relation to the assessment.\n\t(4)\tThe Ratings Review Panel may ask the approved provider for further written information in relation to its application.\n\t(5)\tThe 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.\n151—Decision on review by Ratings Review Panel\n\t(1)\tFollowing a review, the Ratings Review Panel may:\n\t(a)\tconfirm the rating levels determined by the Regulatory Authority; or\n\t(b)\tamend the rating levels.\n\t(2)\tThe Ratings Review Panel must make a decision on the review within 60 days after the application for review was made.\n\t(3)\tThe 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\t(4)\tThe 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\t(5)\tThe 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\t(6)\tA 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.\nDivision 5—Awarding of highest rating\n152—Application for highest rating\n\t(1)\tAn 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\t(2)\tThe highest rating level is an overall rating of the education and care service.\n\t(3)\tAn application must—\n\t(4)\tAn application may be made only once every 3 years, unless the National Authority determines otherwise in a particular case.\n\t(5)\tAn 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.\n153—Assessment of education and care service\n\t(1)\tThe 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\t(2)\tThe 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\t(3)\tThe Board must ask for, and take into account, the advice of the Regulatory Authority in carrying out the assessment.\n\t(4)\tThe advice of the Regulatory Authority may include—\n\t(a)\tprevious rating assessments and ratings for the education and care service; and\n\t(b)\tinformation about the service's compliance history; and\n\t(c)\tany other relevant information.\n154—Board may seek information and documents\n\t(1)\tThe Board for the purposes of the rating assessment may—\n\t(a)\task the approved provider of the approved education and care service for any information and documents; and\n\t(b)\tmake any inquiries it considers appropriate.\n\t(2)\tIf 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.\n155—Decision on application\n\t(1)\tAfter assessing the approved education and care service, the Board must—\n\t(a)\tif it is satisfied that it is appropriate to do so, give the approved education and care service the highest rating level; or\n\t(b)\totherwise refuse to give that rating.\n\t(2)\tThe Board must make its decision within 60 days after the application is received.\n\t(3)\tThe period specified in subsection (2) may be extended by up to 30 days—\n\t(a)\tif a request for information and documents is made under section 154; or\n\t(b)\tby agreement between the approved provider and the Board.\n\t(4)\tIf the Board gives the highest rating level to an approved education and care service, that rating becomes the rating level for that service.\n\t(5)\tThe highest rating level awarded to an approved education and care service applies to that service for 5 years, unless sooner revoked.\n156—Notice of decision\n\t(1)\tThe Board must give written notice of its decision under section 155 in relation to an approved education and care service to—\n\t(a)\tthe approved provider; and\n\t(b)\tthe Regulatory Authority.\n\t(2)\tThe notice must be given within 14 days of making the decision.\n157—Reassessment of highest rating level\nThe Board may at any time reassess an approved education and care service in accordance with section 153.\n158—Revocation of highest rating level\nThe Board must revoke the highest rating level of an approved education and care service if—\n\t(a)\tit determines that the service no longer meets the criteria for the highest rating level; or\n\t(b)\tthe 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).\n159—Re-application for highest rating level\n\t(1)\tAn 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\t(2)\tThe application must be made within 90 days before the expiry of the existing highest rating level for the approved education and care service.\nDivision 6—Publication of rating levels\n160—Publication of ratings\n\t(1)\tThe National Authority must publish the rating levels for an approved education and care service in accordance with this section.\n\t(2)\tThe 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\t(3)\tIf 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\t(4)\tIf 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\t(5)\tThe 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.\nPart 6—Operating an education and care service\n161—Offence to operate education and care service without nominated supervisor\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.\n161A—Offence for nominated supervisor not to meet prescribed minimum requirements\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.\n162—Offence to operate education and care service unless responsible person is present\n\t(1)\tThe approved provider of an education and care service must ensure that one of the following persons is present at all times that the service is educating and caring for children:\n\t(a)\tthe 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\t(c)\ta person in day-to-day charge of the service.\n\t(2)\tThis section does not apply to an approved family day care service.\n162A—Child protection training\nAn approved provider of an education and care service must ensure that each of the following persons completes prescribed child protection training within the prescribed period:\n\t(a)\ta nominated supervisor of the service;\n\t(b)\ta person in day‑to‑day charge of the service;\n\t(c)\ta staff member of the service;\n\t(d)\ta volunteer at the service.\n162B—Child safety training\nAn approved provider of an education and care service must ensure that each of the following persons completes prescribed child safety training within the prescribed period:\n\t(a)\ta person with management and control of the service;\n\t(c)\ta person in day‑to‑day charge of the service;\n\t(d)\ta staff member of the service;\n\t(e)\ta volunteer at the service.\n163—Offence relating to appointment or engagement of family day care co‑ordinators\n\t(1)\tThe approved provider of a family day care service must ensure that at all times the prescribed minimum number of qualified persons are employed or engaged as family day care co‑ordinators of the family day care service—\n\t(a)\tto assist with the operation of the family day care service; and\n\t(b)\tto support, monitor and train the family day care educators of that service.\n\t(2)\tA person is a qualified person under this section if the person has the qualifications prescribed by the national regulations.\n164—Offence relating to assistance to family day care educators\n\t(1)\tThe approved provider of a family day care service must ensure that, at all times that a family day care educator is educating and caring for a child as part of the service, one of the following persons is available to provide support to the family day care educator:\n\t(a)\tthe 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\t(c)\ta person in day-to-day charge of the service.\n\t(2)\tFor 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.\n164A—Offence relating to the education and care of children by family day care service\n\t(1)\tThe approved provider of a family day care service must ensure that any child being educated and cared for as part of the service is not educated and cared for by a person other than a family day care educator, except in the circumstances prescribed by the national regulations.\n\t(2)\tA 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.\n165—Offence to inadequately supervise children\n\t(1)\tThe approved provider of an education and care service must ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service.\n\t(2)\tA nominated supervisor of an education and care service must ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service.\n\t(3)\tA 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.\n166—Offence to use inappropriate discipline\n\t(1)\tThe approved provider of an education and care service must ensure that no child being educated and cared for by the service is subjected to—\n\t(2)\tA nominated supervisor of an education and care service must ensure that no child being educated and cared for by the service is subjected to—\n\t(3)\tA staff member of, or a volunteer at, an education and care service must not subject any child being educated and cared for by the service to—\n\t(4)\tA 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—\n166A—Offences relating to inappropriate conduct\n\t(1)\tAn approved provider of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service.\n\t(b)\t$172 000, in any other case.\n\t(2)\tA nominated supervisor of an education and care service must ensure that no child is subjected to conduct that a reasonable person would consider to be inappropriate in an education and care service while that child is being educated and cared for by the service.\n\t(3)\tAn approved provider of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\n\t(4)\tA nominated supervisor of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\n\t(5)\tA staff member of an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\n\t(6)\tA volunteer at an education and care service must not subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service.\n\t(7)\tFor 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\t(8)\tFor the purposes of subsection (7)—\n\t(a)\tthe circumstances may include any of the following:\n\t(i)\twhether the conduct is generally accepted practice in the provision of education and care;\n\t(ii)\twhether 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\t(iii)\tthe child's age and stage of development;\n\t(iv)\twhether the conduct is sexual, aggressive or violent; and\n\t(b)\tit is immaterial whether—\n\t(i)\tthe child has consented to being subjected to the conduct; or\n\t(ii)\tthe person subjecting the child to the conduct believes the child has consented to being subjected to the conduct; or\n\t(iii)\tthe person subjecting the child to the conduct is related to the child.\n\t(9)\tFor the purposes of this section, filming, recording, taking or otherwise capturing an image of a child is subjecting a child to conduct.\n\t(10)\tFor the purposes of this section, the conduct may be constituted by conduct—\n\t(a)\tengaged in on a single occasion; or\n\t(b)\tengaged in on a number of occasions over a period of time; or\n\t(c)\tthat is part of an ongoing pattern.\n\t(11)\tIn this section—\nconduct means—\n\t(a)\tan act; or\n\t(b)\tan omission to perform an act.\n167—Offence relating to protection of children from harm and hazards\n\t(1)\tThe approved provider of an education and care service must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.\n\t(2)\tA nominated supervisor of an education and care service must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.\n\t(3)\tA 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.\n168—Offence relating to required programs\n\t(1)\tThe approved provider of an education and care service must ensure that a program is delivered to all children being educated and cared for by the service that—\n\t(a)\tis based on an approved learning framework; and\n\t(b)\tis delivered in a manner that accords with the approved learning framework; and\n\t(c)\tis based on the developmental needs, interests and experiences of each child; and\n\t(d)\tis designed to take into account the individual differences of each child.\n\t(2)\tA nominated supervisor of an education and care service must ensure that a program is delivered to all children being educated and cared for by the service that—\n\t(a)\tis based on an approved learning framework; and\n\t(b)\tis delivered in a manner that accords with the approved learning framework; and\n\t(c)\tis based on the developmental needs, interests and experiences of each child; and\n\t(d)\tis designed to take into account the individual differences of each child.\nPenalty: $13 500.\n169—Offence relating to staffing arrangements\n\t(1)\tAn approved provider of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose.\n\t(2)\tAn approved provider of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator's role as prescribed by the national regulations.\n\t(3)\tA nominated supervisor of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose.\n\t(4)\tA nominated supervisor of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator's role as prescribed by the national regulations.\n\t(5)\tA family day care educator must ensure that the number of children being educated and cared for by the family day care educator at any one time is no more than the number prescribed for this purpose.\n\t(6)\tSubsections (1), (2), (3), (4) and (5) do not apply in respect of an education and care service—\n\t(a)\tto the extent that it holds a temporary waiver under Division 6 of Part 3 in respect of this requirement; or\n\t(b)\tto the extent that it holds a service waiver under Division 5 of Part 3 in respect of this requirement.\n\t(7)\tThe National Authority may, on application, determine qualifications, including foreign qualifications, to be equivalent to the qualifications required by the national regulations.\n\t(8)\tIf 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.\n170—Offence relating to unauthorised persons on education and care service premises\n\t(1)\tThis section applies to an education and care service operating in a participating jurisdiction that has a working with children law.\n\t(2)\tThe approved provider of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless—\n\t(b)\tthe person is under the direct supervision of an educator or other staff member of the service.\n\t(a)\t$3 300, in the case of an individual.\n\t(b)\t$17 100, in any other case.\n\t(3)\tA nominated supervisor of the education and care service must ensure that a person does not remain at the education and care service premises while children are being educated and cared for at the premises, unless—\n\t(b)\tthe person is under the direct supervision of an educator or other staff member of the service.\n\t(4)\tA family day care educator must ensure that a person does not remain at the family day care residence or approved family day care venue at which the educator is educating and caring for children, unless—\n\t(b)\tthe person is under the direct supervision of the educator.\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—\n\t(a)\ta person who holds a current working with children check or working with children card; or\n\t(b)\ta 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\t(c)\tan 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\t(d)\tin the case of an emergency, medical personnel or emergency service personnel; or\n\t(e)\ta 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\t(6)\tA reference in subsection (5) to a parent or family member of a child does not include a person—\n\t(a)\twhose 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\t(b)\twho is an inappropriate person within the meaning of section 171.\n171—Offence relating to direction to exclude inappropriate persons from education and care service premises\n\t(1)\tThe 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\t(2)\tA person to whom a direction is given under subsection (1) must comply with the direction.\ninappropriate person means a person—\n\t(a)\twho 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\t(b)\twhose 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.\n172—Offence to fail to display prescribed information\n\t(1)\tAn approved provider of an education and care service (other than a family day care service) must ensure that the prescribed information about the following is displayed, in the prescribed form (if any), so that it is clearly visible to anyone from the main entrance to the education and care service premises:\n\t(a)\tthe provider approval;\n\t(b)\tthe service approval;\n\t(c)\teach nominated supervisor of the service;\n\t(d)\tthe rating of the service;\n\t(e)\tany service waivers or temporary waivers held by the service;\n\t(2)\tAn approved provider of a family day care service must ensure that the prescribed information about the following is displayed at the education and care service premises of the family day care service in accordance with the national regulations:\n\t(a)\tthe provider approval;\n\t(b)\tthe service approval;\n\t(c)\teach nominated supervisor of the service;\n\t(d)\tthe rating of the service;\n\t(e)\tany service waivers or temporary waivers held by the service;\n173—Offence to fail to notify certain circumstances to Regulatory Authority\n\t(1)\tAn approved provider must notify the Regulatory Authority of the following in relation to the approved provider or each approved education and care service operated by the approved provider:\n\t(a)\ta change in the name of the approved provider;\n\t(b)\tany appointment or removal of a person with management or control of an education and care service operated by the approved provider;\n\t(c)\ta 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\t(1A)\tAn approved provider that is a body corporate must notify the Regulatory Authority if 50 per cent or more of the approved provider's ownership or voting rights is acquired.\n\t(2)\tAn approved provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the approved provider:\n\t(a)\tif 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\t(b)\tif a nominated supervisor of an approved education and care service—\n\t(i)\tceases to be employed or engaged by the service; or\n\t(ii)\tis removed from the role of nominated supervisor; or\n\t(iii)\twithdraws consent to the nomination;\n\t(c)\tany proposed change to the education and care service premises of an approved education and care service (other than a family day care residence);\n\t(d)\tif the approved provider ceases to operate the education and care service;\n\t(e)\tin the case of an approved family day care service, a change in the location of the principal office of the service;\n\t(f)\tan intention to transfer a service approval, as required under section 59.\n\t(3)\tA notice under subsection (1), (1A) or (2) must—\n\t(b)\tinclude any prescribed information.\n\t(4)\tA 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\t(4A)\tA 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\t(5)\tA 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.\n174—Offence to fail to notify certain information to Regulatory Authority\n\t(1)\tAn approved provider must notify the Regulatory Authority of the following information in relation to the approved provider or each approved education and care service operated by the approved provider:\n\t(a)\tany 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\t(b)\tinformation in respect of any other prescribed matters.\n\t(2)\tAn approved provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the approved provider:\n\t(a)\tany serious incident at the approved education and care service;\n\t(b)\tany complaints alleging—\n\t(i)\tthat 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\t(ii)\tthat this Law has been contravened;\n\t(c)\tinformation in respect of any other prescribed matters.\n\t(3)\tA 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\t(4)\tA notice under subsection (2) must be in writing and be provided within the relevant prescribed time to—\n\t(a)\tthe Regulatory Authority that granted the service approval for the education and care service to which the notice relates; and\n\t(b)\tin the case of a family day care service, the Regulatory Authority in each participating jurisdiction in which the family day care service operates.\n174A—Family day care educator to notify certain information to approved provider\nA family day care educator who educates and cares for children as part of a family day care service must notify the approved provider of the service of the following information—\n\t(a)\tany serious incident that occurs while a child is being educated and cared for by the educator as part of the service;\n\t(b)\tany complaints alleging—\n\t(i)\tthat a serious incident has occurred or is occurring while a child was or is being educated and cared for by the educator; or\n\t(ii)\tthat this Law has been contravened;\n\t(c)\tinformation in respect of any other prescribed matters.\n175—Offence relating to requirement to keep enrolment and other documents\n\t(1)\tAn approved provider of an education and care service must keep the prescribed documents available for inspection by an authorised officer in accordance with this section.\n\t(2)\tDocuments referred to in subsection (1)—\n\t(a)\tmust, to the extent practicable, be kept at the education and care service premises if they relate to—\n\t(i)\tthe operation of the service; or\n\t(ii)\tany staff member employed or engaged by the service; or\n\t(iii)\tany child cared for, or educated at, those premises,\nin the previous 12 months; and\n\t(b)\tin any other case, must be kept at a place, and in a manner, that they are readily accessible by an authorised officer.\n\t(3)\tA 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.\n","sortOrder":23},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Devices in education and care services","content":"Part 6A—Devices in education and care services\nDivision 1—Interpretation\n175A—Definitions\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—\n\t(a)\towned or controlled by a person; and\n\t(b)\tcapable of—\n\t(i)\tcapturing an image; or\n\t(ii)\tstoring 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;\nExamples—\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).\nDivision 2—Service‑supplied devices and service‑authorised devices\n175B—Approved provider may supply device for use in education and care service\n\t(1)\tAn 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\t(2)\tIn 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.\n175C—Approved provider may authorise device for use in family day care services\n\t(1)\tAn 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\t(2)\tIn 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.\n175D—Requirement to use service‑supplied device in education and care service (other than family day care service)\n\t(1)\tAn approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service‑supplied device to do so.\n\t(3)\tA nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service‑supplied device to do so.\n\t(4)\tThe following persons are specified:\n175E—Requirement to use service‑authorised device or service‑supplied device in family day care service\n\t(1)\tAn approved provider of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (2) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service‑authorised device or a service‑supplied device to do so.\n\t(3)\tA nominated supervisor of a family day care service must take every reasonable precaution to ensure that, while each person specified in subsection (4) is providing education and care to children as part of the service, the person does not use a device to capture, store or transmit an image of a child being educated or cared for by the service unless the person uses a service‑authorised device or a service‑supplied device to do so.\n\t(4)\tThe following persons are specified:\n175F—Offences relating to capturing, storing or transmitting images of children\n\t(1)\tAn 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.\n\t(2)\tAn approved provider of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the approved provider captures, stores or transmits the image of the child on a service‑supplied device or service‑authorised device for the purposes of, or in connection with, the provision of education and care services.\n\t(3)\tA nominated supervisor of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the nominated supervisor captures, stores or transmits the image of the child on a service‑supplied device for the purposes of, or in connection with, the provision of education and care services.\n\t(4)\tA 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.\n\t(5)\tA staff member of an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service‑supplied device for the purposes of, or in connection with, the provision of education and care services.\n\t(6)\tA staff member of a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the staff member captures, stores or transmits the image of the child on a service‑supplied device or service‑authorised device for the purposes of, or in connection with, the provision of education and care services.\n\t(7)\tA volunteer at an education and care service (other than a family day care service) must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service‑supplied device for the purposes of, or in connection with, the provision of education and care services.\n\t(8)\tA volunteer at a family day care service must not capture, store or transmit an image of a child while the child is being educated or cared for by that service unless the volunteer captures, stores or transmits the image of the child on a service‑supplied device or service‑authorised device for the purposes of, or in connection with, the provision of education and care services.\n\t(9)\tThis 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.\nDivision 3—Personal devices\n175G—Meaning of working directly with children\n\t(1)\tFor the purposes of this Division, a person is working directly with children at a given time if the person is—\n\t(a)\tphysically present with a child or children at that time; and\n\t(b)\temployed, engaged or appointed to provide education and care to the child or children at that time.\n\t(2)\tFor 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.\n175H—Offences relating to possession or control of personal devices—approved providers and nominated supervisors\n\t(1)\tAn approved provider of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (2) is working directly with children as part of the service, the person does not have a personal device in the person's possession or under the person's control.\n\t(3)\tSubsection (1) does not apply to an approved provider if—\n\t(a)\tthe nominated supervisor, staff member or volunteer has the personal device in the person's possession or under the person's control—\n\t(ii)\tduring 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\t(iii)\twhile 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\t(b)\tit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\t(i)\tproviding support or assistance with the disability or health needs of the nominated supervisor, staff member or volunteer; or\n\t(ii)\tthe nominated supervisor, staff member or volunteer communicating with a family member; or\n\t(c)\tany prescribed circumstances apply in relation to the possession or control of the personal device.\n\t(4)\tA nominated supervisor of an education and care service (other than a family day care service) must take every reasonable precaution to ensure that, while each person specified in subsection (5) is working directly with children as part of the service, the person does not have a personal device in the person's possession or under the person's control.\n\t(5)\tThe following persons are specified:\n\t(6)\tSubsection (4) does not apply to a nominated supervisor if—\n\t(a)\tthe staff member or volunteer has the personal device in the person's possession or under the person's control—\n\t(ii)\tduring 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\t(iii)\twhile 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\t(b)\tit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\t(i)\tproviding support or assistance with the disability or health needs of the staff member or volunteer; or\n\t(ii)\tthe staff member or volunteer communicating with a family member; or\n\t(c)\tany prescribed circumstances apply in relation to the possession or control of the personal device.\n175I—Offences relating to possession or control of personal devices—persons working directly with children\n\t(1)\tA nominated supervisor of an education and care service (other than a family day care service) must not have a personal device in the nominated supervisor's possession or under the nominated supervisor's control while the nominated supervisor is working directly with children as part of the service.\n\t(2)\tSubsection (1) does not apply to a nominated supervisor if—\n\t(a)\tthe nominated supervisor has the personal device in the nominated supervisor's possession or under the nominated supervisor's control—\n\t(ii)\tduring 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\t(iii)\twhile 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\t(b)\tit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\t(i)\tproviding support or assistance with the nominated supervisor's disability or health needs; or\n\t(ii)\tthe nominated supervisor communicating with a family member; or\n\t(c)\tany prescribed circumstances apply in relation to the nominated supervisor's possession or control of the personal device.\n\t(3)\tA staff member of an education and care service (other than a family day care service) must not have a personal device in the staff member's possession or under the staff member's control while the staff member is working directly with children as part of the service.\n\t(4)\tSubsection (3) does not apply to a staff member if—\n\t(a)\tthe staff member has the personal device in the staff member's possession or under the staff member's control—\n\t(ii)\tduring 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\t(iii)\twhile 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\t(b)\tit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\t(i)\tproviding support or assistance with the staff member's disability or health needs; or\n\t(ii)\tthe staff member communicating with a family member; or\n\t(c)\tany prescribed circumstances apply in relation to the staff member's possession or control of the personal device.\n\t(5)\tA volunteer at an education and care service (other than a family day care service) must not have a personal device in the volunteer's possession or under the volunteer's control while the volunteer is working directly with children as part of the service.\n\t(6)\tSubsection (5) does not apply to a volunteer if—\n\t(a)\tthe volunteer has the personal device in the person's possession or under the person's control—\n\t(ii)\tduring 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\t(iii)\twhile 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\t(b)\tit is not practicable for an authorisation to be given under section 175J and a reasonable person would consider the possession or control of the personal device is necessary for the purposes of—\n\t(i)\tproviding support or assistance with the volunteer's disability or health needs; or\n\t(ii)\tthe volunteer communicating with a family member; or\n\t(c)\tany prescribed circumstances apply in relation to the volunteer's possession or control of the personal device.\n175J—Authorisation to have possession or control of personal device while working directly with children\n\t(1)\tAn approved provider of an education and care service (other than a family day care service) may authorise a person to have a personal device in the person's possession or under the person's control while the person is working directly with children as part of the service if the approved provider is reasonably satisfied that the possession or control is necessary for the purposes of—\n\t(a)\tproviding support or assistance with the person's disability or health needs; or\n\t(b)\tcommunication with a family member of the person; or\n\t(c)\tsafety or the provision of education and care to the children if a service‑supplied device ceases working; or\n\t(d)\tuse in an emergency; or\n\t(e)\twork health and safety.\n\t(2)\tAn approved provider who authorises a personal device under subsection (1) must—\n\t(a)\trecord the authorisation in writing; and\n\t(b)\tinclude the prescribed information in that written record.\n\t(3)\tAn approved provider must keep a written record required to be made under subsection (2) for the prescribed period.\n\t(4)\tA period prescribed for the purposes of subsection (3) must be at least 3 years.\nPart 7—Compliance with this Law\nDivision 1—Notices\n176—Compliance directions\n\t(1)\tThis 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\t(2)\tThe 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\t(2A)\tWithout limiting subsection (2), the Regulatory Authority may give an approved provider of the education and care service a written direction (a compliance direction) requiring the approved provider to take the steps specified in the direction if the Regulatory Authority is satisfied that—\n\t(b)\tthe direction is reasonably necessary to address the systemic risk.\n\t(3)\tAn 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.\n177—Compliance notices\n\t(1)\tThis section applies if the Regulatory Authority is satisfied that an education and care service is not complying with any provision of this Law.\n\t(2)\tThe 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\t(2A)\tWithout limiting subsection (2), the Regulatory Authority may give an approved provider of the education and care service a notice (a compliance notice) requiring the approved provider to take the steps specified in the notice if the Regulatory Authority is satisfied that—\n\t(b)\tthe notice is reasonably necessary to address the systemic risk.\n\t(3)\tAn 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.\n178—Notice to suspend education and care by a family day care educator\n\t(1)\tThis section applies if the Regulatory Authority is satisfied that because of the conduct of, or the inadequacy of the service provided by, a family day care educator engaged by or registered with a family day care service—\n\t(a)\tthe approved provider or a nominated supervisor of an approved family day care service is not complying with any provision of this Law; or\n\t(b)\tthere is a risk to the safety, health or wellbeing of children being educated and cared for by the family day care educator.\n\t(2)\tThe Regulatory Authority may give the approved provider, the nominated supervisor (if applicable) and the educator a notice (show cause notice) stating—\n\t(a)\tthat 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\t(b)\tthe reasons for the proposed direction; and\n\t(c)\tthat 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\t(3)\tThe show cause notice must be served by delivering it personally to the family day care educator.\n\t(4)\tThe Regulatory Authority—\n\t(a)\tmust 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\t(b)\tmay consider any other submissions and any matters the Regulatory Authority considers relevant; and\n\t(c)\tmay—\n\t(i)\tgive 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\t(ii)\tdecide not to give that direction.\n\t(5)\tThe Regulatory Authority must give the family day care educator a notice of the decision under subsection (4).\n\t(6)\tIf the Regulatory Authority decides not to give the direction to suspend, the Regulatory Authority must give the approved provider notice of the decision.\n\t(7)\tA person must comply with a direction under subsection (4).\n178A—Direction to suspend education and care by staff member (other than a family day care educator) or volunteer\n\t(1)\tThe Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a staff member of the service (other than a family day care educator), or by a volunteer at the service, for a period of time determined by the Regulatory Authority (a suspension direction) if the Regulatory Authority is reasonably satisfied that—\n\t(a)\tbecause of the conduct of, or the inadequacy of education and care provided by, the staff member or volunteer—\n\t(i)\tthe approved provider is not complying with any provision of this Law; or\n\t(ii)\ta nominated supervisor of the service is not complying with any provision of this Law; or\n\t(iii)\tthere is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n\t(2)\tBefore giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice (show cause notice) stating—\n\t(a)\tthat the Regulatory Authority intends to give the provider a suspension direction; and\n\t(b)\tthe reasons for the proposed suspension direction; and\n\t(c)\tthat 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\t(3)\tAfter the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority—\n\t(i)\tto give the approved provider a suspension direction; or\n\t(ii)\tnot to give the provider a suspension direction.\n\t(4)\tIf, 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\t(5)\tThe Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that—\n\t(a)\tthere 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\t(b)\tthe suspension direction is necessary to protect the safety, health or wellbeing of the child or children.\n\t(6)\tAn approved provider to whom a suspension direction is given must not contravene that direction.\n178B—Direction to suspend education and care by nominated supervisor\n\t(1)\tThe Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to suspend the provision of education and care by a nominated supervisor of the service for a period of time determined by the Regulatory Authority (a suspension direction) if the Regulatory Authority is reasonably satisfied that—\n\t(a)\tbecause of the conduct of, or the inadequacy of education and care provided by, the nominated supervisor—\n\t(i)\tthe nominated supervisor is not complying with any provision of this Law; or\n\t(ii)\tthe approved provider is not complying with any provision of this Law; or\n\t(iii)\tthere is a risk to the safety, health or wellbeing of children being educated or cared for by the service; or\n\t(b)\tthe nominated supervisor has contravened or is alleged to have contravened section 166(2) or 166A(2) or (4).\n\t(2)\tBefore giving the approved provider a suspension direction, the Regulatory Authority may give the provider a notice (show cause notice) stating—\n\t(a)\tthat the Regulatory Authority intends to give the provider a suspension direction; and\n\t(b)\tthe reasons for the proposed suspension direction; and\n\t(c)\tthat 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\t(3)\tAfter the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority—\n\t(i)\tto give the approved provider a suspension direction; or\n\t(ii)\tnot to give the provider a suspension direction.\n\t(4)\tIf, 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\t(5)\tThe Regulatory Authority may immediately give the approved provider a suspension direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that—\n\t(a)\tthere 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\t(b)\tthe suspension direction is necessary to protect the safety, health or wellbeing of the child or children.\n\t(6)\tAn approved provider to whom a suspension direction is given must not contravene that direction.\n178C—Direction requiring supervision of staff member (other than a family day care co‑ordinator) or volunteer\n\t(1)\tThe Regulatory Authority may give a notice to an approved provider of an education and care service that directs the provider to ensure that a staff member of the service (other than a family day care co‑ordinator), or a volunteer at the service, is directly supervised while providing education and care to children as part of the service (a supervision direction) if the Regulatory Authority is reasonably satisfied that—\n\t(a)\tbecause of the conduct of the staff member or volunteer—\n\t(i)\tthe approved provider is not complying with any provision of this Law; or\n\t(ii)\ta nominated supervisor of the service is not complying with any provision of this Law; or\n\t(2)\tA supervision direction must specify—\n\t(a)\tthat the staff member of, or volunteer at, the service is to be directly supervised—\n\t(i)\tby a suitably qualified and experienced person specified in subsection (3); and\n\t(ii)\tfor a period of time determined by the Regulatory Authority; and\n\t(b)\tdetails of any conditions applying to the supervision of the staff member or volunteer.\n\t(3)\tThe following persons are specified:\n\t(a)\ta person in day‑to‑day charge of the service;\n\t(c)\ta staff member of the service.\n\t(4)\tBefore giving the approved provider a supervision direction, the Regulatory Authority may give the provider a notice (show cause notice) stating—\n\t(a)\tthat the Regulatory Authority intends to give the approved provider a supervision direction; and\n\t(b)\tthe reasons for the proposed supervision direction; and\n\t(c)\tthat 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\t(5)\tAfter the Regulatory Authority gives the approved provider a show cause notice, the Regulatory Authority—\n\t(i)\tto give the approved provider a supervision direction; or\n\t(ii)\tnot to give the provider a supervision direction.\n\t(6)\tIf, 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\t(7)\tThe Regulatory Authority may immediately give the approved provider a supervision direction without giving the provider a show cause notice if the Regulatory Authority is reasonably satisfied that—\n\t(a)\tthere 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\t(b)\tthe supervision direction is necessary to protect the safety, health or wellbeing of the child or children.\n\t(8)\tAn approved provider to whom a supervision direction is given must not contravene that direction.\n178D—Direction requiring nominated supervisor to complete training\n\t(1)\tThe Regulatory Authority may give a notice to a nominated supervisor of an education and care service that directs the nominated supervisor to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a training direction) if the Regulatory Authority is reasonably satisfied that—\n\t(a)\tbecause of the conduct of the nominated supervisor—\n\t(i)\tthe nominated supervisor is not complying with any provision of this Law; or\n\t(ii)\tthe approved provider of the service is not complying with any provision of this Law; or\n\t(b)\tthe nominated supervisor has contravened or is alleged to have contravened section 166(2) or 166A(2) or (4).\n\t(2)\tA training direction must specify details of any conditions applying to the nominated supervisor's training.\n\t(3)\tBefore giving the nominated supervisor a training direction, the Regulatory Authority may give the nominated supervisor a notice (show cause notice) stating—\n\t(a)\tthat the Regulatory Authority intends to give the nominated supervisor a training direction; and\n\t(b)\tthe reasons for the proposed training direction; and\n\t(c)\tthat 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\t(4)\tAfter the Regulatory Authority gives the nominated supervisor a show cause notice, the Regulatory Authority—\n\t(a)\tmust consider any submissions from the nominated supervisor received within the show cause period; and\n\t(i)\tto give the nominated supervisor a training direction; or\n\t(ii)\tnot to give the nominated supervisor a training direction.\n\t(5)\tIf 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\t(6)\tIf, 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\t(7)\tA nominated supervisor to whom a training direction is given must not contravene that direction.\n178E—Direction requiring staff member or volunteer to complete training\n\t(1)\tThe Regulatory Authority may give a notice to a staff member of, or a volunteer at, an education and care service that directs the staff member or volunteer to complete training determined by the Regulatory Authority within the period determined by the Regulatory Authority (a training direction) if the Regulatory Authority is reasonably satisfied that—\n\t(a)\tbecause of the conduct of the staff member or volunteer—\n\t(i)\tthe approved provider of the service is not complying with any provision of this Law; or\n\t(ii)\tthe nominated supervisor of the service is not complying with any provision of this Law; or\n\t(2)\tA training direction must specify details of any conditions applying to the training of the staff member or volunteer.\n\t(3)\tBefore giving the staff member or volunteer a training direction, the Regulatory Authority may give the staff member or volunteer a notice (show cause notice) stating—\n\t(a)\tthat the Regulatory Authority intends to give the staff member or volunteer a training direction; and\n\t(b)\tthe reasons for the proposed training direction; and\n\t(c)\tthat 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\t(4)\tAfter the Regulatory Authority gives the staff member or volunteer a show cause notice, the Regulatory Authority—\n\t(a)\tmust consider any submissions from the staff member or volunteer received within the show cause period; and\n\t(i)\tto give the staff member or volunteer a training direction; or\n\t(ii)\tnot to give the staff member or volunteer a training direction.\n\t(5)\tIf 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\t(6)\tIf, 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\t(7)\tA staff member or volunteer to whom a training direction is given must not contravene that direction.\n179—Emergency action notices\n\t(1)\tThis 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\t(2)\tThe 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\t(3)\tAn approved provider must comply with a direction given under subsection (2).\nDivision 2—Enforceable undertakings\n179A—Enforceable undertakings\n\t(1)\tThis section applies—\n\t(a)\tif a person has contravened, or if the Regulatory Authority alleges a person has contravened, a provision of this Law; or\n\t(b)\tin the circumstances set out in section 27(a), 72(a) or 184(3).\n\t(2)\tIf 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\t(2A)\tWithout 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\t(3)\tIf 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\t(4)\tIf 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\t(5)\tA person may, with the consent of the Regulatory Authority, withdraw or amend an undertaking.\n\t(6)\tThe Regulatory Authority may withdraw its acceptance of the undertaking at any time and the undertaking ceases to be in force on that withdrawal.\n\t(7)\tThe Regulatory Authority may publish on the Regulatory Authority's website an undertaking accepted under this section.\n179B—Certain actions prohibited while undertaking is in force\n\t(1)\tWhile 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\t(2)\tWhile an undertaking is in force under section 179A(3), the Regulatory Authority must not (as the case requires)—\n\t(a)\tsuspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or\n\t(b)\tsuspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or\n\t(c)\tgive a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n\t(3)\tWhile 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.\n180—Certain actions prohibited if undertaking is complied with\n\t(1)\tIf 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\t(1A)\tIf 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\t(2)\tIf an approved provider complies with the requirements of an undertaking under section 179A(3), the Regulatory Authority must not (as the case requires)—\n\t(a)\tsuspend the provider approval under section 27 in relation to a matter that is the subject of the undertaking; or\n\t(b)\tsuspend the service approval under section 72 in relation to a matter that is the subject of the undertaking; or\n\t(c)\tgive a prohibition notice under section 182 in relation to a matter that is the subject of the undertaking.\n\t(3)\tIf 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.\n181—Failure to comply with enforceable undertakings\n\t(1)\tIf 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\t(2)\tIf the relevant tribunal or court is satisfied that the person has failed to comply with a term of the undertaking, the relevant tribunal or court may make any of the following orders—\n\t(a)\tan order directing the person to comply with the term of the undertaking;\n\t(b)\tan order that the person take any specified action for the purpose of complying with the undertaking;\n\t(c)\tany other order that the relevant tribunal or court considers appropriate in the circumstances.\n\t(3)\tIf 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\t(3A)\tIf 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\t(4)\tIf the relevant tribunal or court determines that an approved provider has failed to comply with a term of an undertaking under section 179A(3), the Regulatory Authority may without further notice—\n\t(a)\tif the undertaking was given in circumstances set out in section 27(a), suspend the provider approval under section 27; or\n\t(b)\tif the undertaking was given in circumstances set out in section 72(a), suspend the service approval under section 72; or\n\t(c)\tif 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\t(5)\tIf 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\t(6)\tProceedings 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.\nDivision 3—Prohibition notices\n182—Grounds for giving prohibition notice\n\t(1)\tThe Regulatory Authority may give a prohibition notice to a person who is in any way involved in the provision of an approved education and care service if it considers that there may be an unacceptable risk of harm to a child or children if the person were allowed—\n\t(a)\tto remain on the education and care service premises; or\n\t(b)\tto provide education and care to children.\n\t(2)\tFor the purposes of subsection (1), a person may be involved in the provision of an approved education and care service as any of the following:\n\t(a)\tan approved provider;\n\t(b)\ta nominated supervisor;\n\t(c)\tan educator;\n\t(d)\ta family day care educator;\n\t(e)\tan employee;\n\t(f)\ta contractor;\n\t(g)\ta volunteer;\n\t(h)\ta 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.\n\t(3)\tThe Regulatory Authority may give a prohibition notice to a person to—\n\t(a)\tprohibit 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\t(b)\timpose 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\t(4)\tWithout limiting subsection (1), the Regulatory Authority may give a prohibition notice to an approved provider if a related provider of the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction and the Regulatory Authority is satisfied that—\n\t(a)\tthere is a systemic risk in relation to the approved provider or the related provider; and\n\t(b)\tthe prohibition notice is reasonably necessary to address the systemic risk.\n183—Show cause notice to be given before prohibition notice\n\t(1)\tBefore giving a person a prohibition notice, the Regulatory Authority must give the person a notice (a show cause notice)—\n\t(a)\tstating that the Regulatory Authority proposes to give the person a prohibition notice; and\n\t(b)\tstating the reasons for the proposed prohibition; and\n\t(c)\tinviting 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\t(2)\tSubsection (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.\n184—Deciding whether to give prohibition notice\n\t(1)\tIf 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\t(2)\tIf 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\t(3)\tThe Regulatory Authority may accept an undertaking from a person under section 179A instead of giving a prohibition notice under this Division.\n185—Content of prohibition notice\n\t(1)\tA prohibition notice given to a person under section 182(1) or (4) must state that the person is prohibited from doing one or more of the following—\n\t(a)\tproviding education and care to children for an education and care service;\n\t(b)\tbeing 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\t(c)\tcarrying out any other activity relating to an education and care service.\n\t(2)\tA prohibition notice given to a person under section 182(3) must state that either—\n\t(a)\tthe person is prohibited from being nominated as a nominated supervisor of an education and care service; or\n\t(b)\tthe 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\t(3)\tA prohibition notice given to a person under section 182(1), (3) or (4) must state—\n\t(a)\tthat the person may apply for cancellation of the notice; and\n\t(b)\thow an application for cancellation must be made.\n186—Cancellation of prohibition notice\n\t(1)\tIf 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\t(2)\tA person for whom a prohibition notice is in force may apply to the Regulatory Authority to cancel the notice.\n\t(c)\tbe signed by the person.\n\t(4)\tThe person may state in the application anything the person considers relevant to the Regulatory Authority's decision about whether there would be an unacceptable risk of harm to children if the person were—\n\t(a)\tto remain at the education and care service premises; or\n\t(b)\tto provide education and care to children.\n\t(4A)\tThe 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\t(5)\tThe 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\t(6)\tThe Regulatory Authority must decide the application as soon as practicable after its receipt.\n187—Person must not contravene prohibition notice\n\t(1)\tWhile a prohibition notice under section 182(1) or (4) is in force under this Law as applying in any participating jurisdiction for a person, the person must not—\n\t(a)\tprovide education and care to children for an education and care service; or\n\t(b)\tbe 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\t(c)\tcarry out any other activity relating to education and care services.\n\t(2)\tWhile a prohibition notice under section 182(3) is in force under this Law as applying in any participating jurisdiction for a person, the person must not—\n\t(a)\tin 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\t(b)\tin 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.\n188—Offence to engage person to whom prohibition notice applies\n\t(1)\tAn approved provider must not engage a person as an educator, family day care educator, employee, contractor or staff member of, or allow a person to perform volunteer services for, an education and care service if the provider knows, or ought reasonably to know, a prohibition notice is in force under this Law as applying in any participating jurisdiction in respect of the person.\n\t(2)\tAn approved provider must not nominate a person as a nominated supervisor of an education and care service if the approved provider knows, or ought reasonably to know, that a prohibition notice is in force under this Law as applying in any participating jurisdiction prohibiting the nomination of that person as a nominated supervisor of an education and care service.\n\t(3)\tAn 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.\n188A—Offence to give false or misleading information to approved provider about prohibition notice\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.\n188B—Offence to make false or misleading statement to recruitment agency about prohibition notice\n\t(1)\tA specified person who is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction must not make a statement to a recruitment agency about the content or existence of the prohibition notice that is false or misleading in any material particular because of—\n\t(a)\tthe inclusion in the statement of a false or misleading matter; or\n\t(b)\tthe omission from the statement of a material matter.\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.\nDivision 4—Emergency removal of children\n189—Emergency removal of children\n\t(1)\tThis 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\t(2)\tThe Regulatory Authority may remove, or cause the removal of, the child or children from the education and care service premises.\n\t(3)\tIn exercising a power under subsection (2)—\n\t(a)\tthe Regulatory Authority may be given such assistance by other persons (including police officers) as is reasonably required; and\n\t(b)\tthe Regulatory Authority and any person assisting the Regulatory Authority may—\n\t(i)\tenter the education and care service premises, without warrant; and\n\t(ii)\tuse reasonable force as necessary.\n\t(4)\tIf 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.\nPart 8—Review\n190—Reviewable decision—internal review\nA reviewable decision for internal review is a decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—\n\t(a)\tto refuse to grant a provider approval or a service approval; or\n\t(b)\tto amend or refuse to amend a provider approval or a service approval; or\n\t(c)\tto impose a condition on a provider approval or a service approval; or\n\t(d)\tto suspend—\n\t(i)\ta provider approval under section 28; or\n\t(ii)\ta service approval under section 73; or\n\t(e)\tto refuse to consent to the transfer of a service approval; or\n\t(f)\tto revoke a service waiver; or\n\t(fa)\tto refuse to grant an approval in principle; or\n\t(fb)\tto amend or refuse to amend an approval in principle; or\n\t(fc)\tto transfer an approval in principle under section 119; or\n\t(fd)\tto cancel an approval in principle; or\n\t(fe)\tto refuse to extend an approval in principle; or\n\t(ff)\tto refuse to reinstate an approval in principle; or\n\t(g)\tto issue a compliance direction; or\n\t(h)\tto issue a compliance notice; or\n\t(i)\tto 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\t(j)\tto 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\t(k)\tto 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\t(l)\tto 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\t(m)\tto direct a nominated supervisor of an education and care service to complete training under section 178D; or\n\t(n)\tto direct a staff member of, or a volunteer at, an education and care service to complete training under section 178E.\n191—Internal review of reviewable decisions\n\t(1)\tA 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\t(2)\tAn application under subsection (1) must be made—\n\t(a)\twithin 14 days after the day on which the person is notified of the decision; or\n\t(b)\tif the person is not notified of the decision, within 14 days after the person becomes aware of the decision.\n\t(3)\tThe 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\t(4)\tThe person conducting the review may ask the person who applied for the review for further information.\n\t(5)\tA review under this section must be conducted within 30 days after the application is made.\n\t(6)\tThe period specified in subsection (5) may be extended by up to 30 days—\n\t(a)\tif a request for further information is made under subsection (4); or\n\t(b)\tby agreement between the person who applied for the review and the Regulatory Authority.\n\t(7)\tThe Regulatory Authority may, in relation to an application under subsection (1)—\n\t(a)\tconfirm the decision; or\n\t(b)\tmake any other decision that the Regulatory Authority thinks appropriate.\nDivision 2—External review\n192—Reviewable decision—external review\nA reviewable decision for external review is—\n\t(a)\ta 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\t(b)\ta decision of the Regulatory Authority under this Law as applying in any participating jurisdiction—\n\t(i)\tto suspend a provider approval under section 27; or\n\t(ii)\tto cancel a provider approval under section 33; or\n\t(iii)\tto suspend a service approval under section 72; or\n\t(iv)\tto cancel a service approval under section 79 or 307; or\n\t(vii)\tto 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.\n193—Application for review of decision of the Regulatory Authority\n\t(1)\tA 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\t(2)\tAn 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\t(3)\tAfter hearing the matter, the relevant tribunal or court may—\n\t(a)\tconfirm the decision of the Regulatory Authority; or\n\t(b)\tamend the decision of the Regulatory Authority; or\n\t(c)\tsubstitute another decision for the decision of the Regulatory Authority.\n\t(4)\tIn 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.\nDivision 3—General\n194—Relationship with Act establishing administrative body\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.\nPart 9—Monitoring and enforcement\nDivision 1—Authorised officers\n195—Authorisation of authorised officers\n\t(1)\tThe 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\t(2)\tIn 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\t(3)\tAn authorised officer holds office on any terms and conditions stated in the authorisation.\n\t(4)\tA 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\t(5)\tThe National Authority may determine the requirements for the authorisation of authorised officers under this section.\n\t(6)\tA determination under subsection (5) must be published on the website of the National Authority.\n196—Identity card\n\t(1)\tThe Regulatory Authority must issue to each authorised officer an identity card in the form prescribed by the national regulations.\n\t(2)\tThe identity card must identify the authorised officer as an authorised officer authorised by the Regulatory Authority under this Law.\n\t(3)\tAn authorised officer must—\n\t(a)\tcarry the identity card whenever the officer is exercising his or her functions under this Law; and\n\t(b)\tshow the identity card—\n\t(i)\tbefore exercising a power of entry under this Law; and\n\t(ii)\tat any time during the exercise of a power under this Law when asked to do so.\n\t(4)\tAn 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\t(5)\tAn 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.\nDivision 2—Powers of entry\n197—Powers of entry for assessing and monitoring approved education and care service\n\t(1)\tAn authorised officer may exercise a power under this section for any of the following purposes:\n\t(a)\tmonitoring compliance with this Law;\n\t(b)\ta rating assessment of an approved education and care service under Part 5;\n\t(c)\tobtaining information requested under section 35 or 83.\n\t(2)\tAn authorised officer may, at any reasonable time and with such assistants as may reasonably be required, enter any education and care service premises and do any of the following:\n\t(a)\tinspect the premises and any plant, equipment, vehicle or other thing;\n\t(b)\tphotograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;\n\t(c)\tinspect and make copies of, or take extracts from, any document kept at the premises;\n\t(d)\ttake any document or any other thing at the premises;\n\t(e)\task a person at the premises—\n\t(i)\tto answer a question to the best of that person's knowledge, information and belief; or\n\t(ii)\tto take reasonable steps to provide information or produce a document.\n\t(3)\tA power under subsection (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\t(4)\tIf the authorised officer takes any document or thing under subsection (2), he or she must—\n\t(a)\tgive 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\t(b)\treturn the document or thing to that person or the premises within 7 days after taking it.\n\t(5)\tAn authorised officer may not, under this section, enter a residence unless—\n\t(a)\tan approved education and care service is operating at the residence at the time of entry; or\n\t(b)\tthe occupier of the residence has consented in writing to the entry and the inspection.\n197A—Powers of entry to family day care service premises—monitoring compliance with prescribed requirement relating to the safety, health and wellbeing of children\n\t(1)\tAn 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\t(2)\tSubject to subsections (5) and (7), an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following:\n\t(a)\tinspect any part of the premises;\n\t(b)\tinspect any plant, equipment, vehicle or other thing at the premises;\n\t(c)\tphotograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;\n\t(d)\tinspect and make copies of, or take extracts from, any document kept at the premises;\n\t(e)\ttake any document or any other thing at the premises;\n\t(f)\task a person at the premises—\n\t(i)\tto answer a question to the best of that person's knowledge, information and belief; or\n\t(ii)\tto take reasonable steps to provide information or produce a document.\n\t(3)\tAn authorised officer who enters family day care service premises under this section—\n\t(a)\tmust enter the premises during ordinary business hours; and\n\t(b)\tmay enter the premises with such assistants as may reasonably be required.\n\t(4)\tBefore entering the family day care service premises under this section, the authorised officer must inform the occupier of the premises of—\n\t(a)\tthe purpose of the entry; and\n\t(b)\tthe powers that may be exercised.\n\t(5)\tA 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\t(6)\tIf the authorised officer takes any document or thing under subsection (2), the authorised officer must—\n\t(a)\tgive 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\t(b)\treturn the document or thing to that person or the premises within 7 days after taking it.\n\t(7)\tAn authorised officer must not enter any family day care service premises that is a family day care residence under this section unless—\n\t(a)\tthe authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and\n\t(b)\tat the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\n\t(8)\tIn this section—\nfamily day care service premises, in relation to a family day care service, means any of the following:\n\t(a)\tan approved family day care venue;\n\t(b)\tan 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\t(c)\tan 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.\n198—National Authority representative may enter service premises in company with Regulatory Authority\n\t(1)\tA 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\t(2)\tThe 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.\n199—Powers of entry for investigating approved education and care service\n\t(1)\tAn 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\t(2)\tThe authorised officer, with any necessary assistants, may with or without the consent of the occupier of the premises, enter the education and care service premises and the education and care service premises of any related provider of the approved provider of the approved education and care service at any reasonable time and do any of the following:\n\t(b)\tinspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;\n\t(e)\ttake into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection;\n\t(f)\trequire 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\t(3)\tA 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 education and care service.\n\t(4)\tAn authorised officer may not, under this section, enter a residence unless—\n\t(a)\tthe authorised officer reasonably believes that an approved education and care service is operating at the residence at the time of entry; or\n\t(ab)\tthe 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\t(b)\tthe occupier of the residence has consented in writing to the entry and the inspection.\n\t(5)\tAn authorised officer must not enter the education and care service premises of a related provider of the approved provider under this section unless the authorised officer is satisfied that—\n\t(a)\tthere is a systemic risk in relation to the approved provider; and\n\t(b)\tthe entry is reasonably necessary to address the systemic risk.\n199A—Powers of entry to family day care service premises—investigation of offences\n\t(1)\tAn 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\t(2)\tSubject to subsections (5) and (7), an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following:\n\t(b)\tinspect, 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\t(c)\ttake 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\t(d)\tcopy, or take an extract from, a document at the premises that may afford evidence of an offence against this Law;\n\t(e)\ttake into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this section;\n\t(f)\trequire 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\t(3)\tAn authorised officer who enters family day care service premises under this section—\n\t(a)\tmust enter the premises during ordinary business hours; and\n\t(b)\tmay enter the premises with such assistants as may reasonably be required.\n\t(4)\tBefore entering the family day care service premises under this section, the authorised officer must advise the occupier of the premises of—\n\t(a)\tthe purpose of the entry; and\n\t(b)\tthe powers that may be exercised.\n\t(5)\tA 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\t(6)\tIf the authorised officer takes any document or thing under subsection (2), the authorised officer must—\n\t(a)\tgive 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\t(b)\treturn the document or thing to that person or the premises within 7 days after taking it.\n\t(7)\tAn authorised officer must not enter any family day care service premises that is a family day care residence under this section unless—\n\t(a)\tthe authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and\n\t(b)\tat the time of entry, the register of family day care educators records that the approved family day care service operates at the residence.\n\t(8)\tAn occupier of family day care service premises must not unreasonably refuse to give consent to an authorised officer under this section.\n\t(9)\tIn this section—\nfamily day care service premises, in relation to a family day care service, means any of the following:\n\t(a)\tan approved family day care venue;\n\t(b)\tan 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\t(c)\tan 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.\n200—Powers of entry to business premises\n\t(1)\tAn authorised officer may exercise powers under this section if the authorised officer reasonably suspects that documents or other evidence relevant to the possible commission of an offence against this Law by an approved provider of an education and care service are present at—\n\t(a)\tthe principal office of the approved provider; or\n\t(b)\tany other business office of the approved provider; or\n\t(c)\tthe principal office of a related provider of the approved provider; or\n\t(d)\tany other business office of a related provider of the approved provider.\n\t(2)\tThe authorised officer, with the consent of the occupier of the premises, may enter the premises and do any of the following:\n\t(b)\tinspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;\n\t(e)\ttake into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection;\n\t(f)\trequire 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\t(3)\tAn authorised officer must not enter and search the premises with the consent of the occupier unless, before the occupier consents to that entry, the authorised officer has—\n\t(a)\tproduced his or her identity card for inspection; and\n\t(b)\tinformed the occupier—\n\t(i)\tof the purpose of the search and the powers that may be exercised; and\n\t(ii)\tthat the occupier may refuse to give consent to the entry and search or to the taking of anything found during the search; and\n\t(iii)\tthat 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\t(4)\tAn authorised officer must not enter the principal office of a related provider of the approved provider or any other business office of a related provider of the approved provider under this section unless the authorised officer is satisfied that—\n\t(a)\tthere is a systemic risk in relation to the approved provider; and\n\t(b)\tthe entry is reasonably necessary to address the systemic risk.\n200A—Entry to premises without search warrant\n\t(1)\tAn authorised officer may enter any premises (including residential or business premises) for the purpose of determining whether an education and care service is operating without a service approval at or from the premises, if—\n\t(a)\tthe authorised officer reasonably believes that a person is operating an education and care service in contravention of section 103 at the premises; and\n\t(b)\tthe occupier of the premises has consented in writing to the entry and inspection.\n\t(2)\tAn authorised officer must not enter and search the premises under this section unless, before the occupier consents to the entry, the authorised officer has—\n\t(a)\tproduced the authorised officer's identity card for inspection; and\n\t(b)\tinformed the occupier—\n\t(i)\tof the purpose of the search and the powers that may be exercised; and\n\t(ii)\tthat the occupier may refuse to consent to the entry and search or the taking of anything found during the search; and\n\t(iii)\tthat 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\t(3)\tAn 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.\n201—Entry to premises with search warrant\n\t(1)\tAn 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\t(2)\tAn 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\t(3)\tAn 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\t(4)\tSchedule 2 applies in relation to the issue of the search warrant and the powers of the authorised officer on entry.\n202—Seized items\n\t(1)\tIf 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\t(2)\tIf the thing has not been returned within 60 days after it was taken, the authorised officer must take reasonable steps to return it unless—\n\t(a)\tproceedings have been commenced within the period of 60 days and those proceedings (including any appeal) have not been completed; or\n\t(b)\ta court makes an order under section 203 extending the period the thing can be retained.\n\t(3)\tIf 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.\n203—Court may extend period\n\t(1)\tAn 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\t(2)\tThe court may order the extension if satisfied that retention of the thing is necessary—\n\t(a)\tfor the purposes of an investigation into whether an offence has been committed; or\n\t(b)\tto enable evidence of an offence to be obtained for the purposes of a prosecution.\n\t(3)\tThe court may adjourn an application to enable notice of the application to be given to any person.\nDivision 3—Other powers\n204—Power to require name and address\n\t(a)\tan authorised officer finds a person committing an offence against this Law; or\n\t(b)\tan 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\t(2)\tThe authorised officer may require the person to state the person's name and residential address.\n\t(3)\tThe 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.\n205—Power to require evidence of age, name and address of person\n\t(a)\tthe national regulations require a staff member, a family day care educator or a volunteer to have attained a prescribed minimum age; and\n\t(b)\tan authorised officer reasonably suspects that a person—\n\t(i)\tis 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\t(ii)\thas not attained that prescribed minimum age.\n\t(2)\tThe 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\t(3)\tAlso, the authorised officer may require the person to provide evidence of the correctness of the stated date of birth—\n\t(a)\tat 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\t(b)\totherwise, within 14 days of making the requirement under subsection (2).\n\t(4)\tThe authorised officer may require the person to state the person's name and residential address if—\n\t(a)\tthe person refuses or is unable to comply with a requirement under subsection (2) or (3); or\n\t(b)\taccording 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.\n206—Power of authorised officers to obtain information, documents and evidence from approved providers, nominated supervisors, staff members and volunteers\n\t(1)\tAn authorised officer may exercise a power under this section for any of the following purposes:\n\t(a)\tmonitoring compliance with this Law;\n\t(b)\ta rating assessment of an approved education and care service under Part 5;\n\t(c)\tobtaining information requested under section 35 or 83.\n\t(2)\tAn 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\t(3)\tThe time specified in the notice must not be less than 14 days from the date the notice is issued.\nspecified person means a person who is or has been—\n\t(a)\tan approved provider, a nominated supervisor or a staff member of, or a volunteer at, an approved education and care service; or\n\t(b)\ta family day care educator.\n206A—Power of authorised officers to obtain information, documents and evidence from recruitment agencies\n\t(1)\tAn 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\t(2)\tThe time specified in the notice must not be less than 14 days from the date the notice is issued.\n206B—Power of authorised officers to obtain information, documents and evidence from former provider for purposes of related provider determinations\n\t(1)\tFor 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\t(2)\tA former provider who is required to provide information under subsection (1) must provide that information—\n\t(a)\tin 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\t(b)\twithin the time specified in the notice; and\n\t(c)\tin the manner specified in the notice.\n\t(3)\tThe time specified in the notice must not be less than 14 days from the date the notice is issued.\nDivision 4—Offences relating to enforcement\n207—Offence to obstruct authorised officer\nA person must not obstruct an authorised officer in exercising his or her powers under this Law.\n208—Offence to fail to assist authorised officer\nA person must not, without reasonable excuse—\n\t(a)\trefuse to answer a question lawfully asked by an authorised officer (other than a question asked under section 197(2)(e)); or\n\t(b)\trefuse to provide information or produce a document lawfully required by an authorised officer; or\n\t(c)\tfail to comply with a requirement made by an authorised officer under clause 5(2)(f) or (g) of Schedule 2.\n209—Offence to destroy or damage notices or documents\nA person must not, without lawful authority, destroy or damage any notice or document given or prepared or kept under this Law.\n210—Offence to impersonate authorised officer\nA person must not impersonate an authorised officer.\nPenalty: $27 300.\n211—Protection against self incrimination\n\t(1)\tAn 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\t(2)\tHowever, subsection (1) does not apply to—\n\t(a)\tthe production of a document or part of a document that is required to be kept under this Law; or\n\t(b)\tthe giving of the individual's name or address in accordance with this Law; or\n\t(c)\tanything required to be done under section 215, 216, 216A or 216B.\n\t(3)\tAny 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.\n212—Warning to be given\n\t(1)\tBefore requiring a person to answer a question or provide information or a document under this Part or Schedule 2, an authorised officer must—\n\t(a)\tidentify himself or herself to the person as an authorised officer by producing the officer's identity card; and\n\t(b)\twarn the person that a failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and\n\t(c)\tin the case of an individual, warn the person about the effect of section 211.\n\t(2)\tNothing in this section prevents an authorised officer from obtaining and using evidence given to the authorised officer voluntarily by any person.\n\t(3)\tThis section does not apply to a request made under section 197.\n213—Occupier's consent to search\n\t(1)\tAn 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\t(2)\tIf, 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.\nDivision 5—Powers of Regulatory Authority\n214—Powers of Regulatory Authority to obtain information for rating purposes\nThe Regulatory Authority may, for the purpose of a rating assessment—\n\t(a)\task the approved provider of the approved education and care service for any information and documents; and\n\t(b)\tmake any inquiries it considers appropriate.\n215—Power of Regulatory Authority to obtain information, documents and evidence by notice\n\t(1)\tThis section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law.\n\t(2)\tThe Regulatory Authority may, by written notice, require a specified person—\n\t(a)\tto 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\t(b)\tto 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\t(c)\tto 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\t(3)\tThe notice must—\n\t(a)\twarn the person that failure or refusal to comply with the notice would constitute an offence; and\n\t(b)\twarn the person about the effect of sections 217, 218 and 219.\n\t(4)\tThe 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\t(5)\tThe 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\t(6)\tIn this section, specified person means—\n\t(a)\ta 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\t(b)\ta person who is or has been a family day care educator; or\n\t(c)\ta recruitment agency.\n216—Power of Regulatory Authority to obtain information, documents and evidence at education and care service\n\t(1)\tThis section applies if the Regulatory Authority reasonably suspects that an offence has or may have been committed against this Law.\n\t(2)\tThe Regulatory Authority may require a specified person at an education and care service—\n\t(a)\tto 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\t(b)\tto 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\t(3)\tThe Regulatory Authority must—\n\t(a)\twarn the person that failure or refusal to comply with the requirement would constitute an offence; and\n\t(b)\twarn the person about the effect of sections 217, 218 and 219.\n\t(4)\tThe 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\t(5)\tIn this section, specified person has the meaning given in section 206(4).\n216A—Power of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination\n\t(1)\tFor the purposes of making a related provider determination in relation to an approved provider, the Regulatory Authority, by written notice, may require the approved provider—\n\t(a)\tto 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\t(b)\tto 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\t(c)\tto 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\t(a)\twarn the approved provider that failure or refusal to comply with the notice may constitute an offence; and\n\t(b)\twarn the provider about the effect of sections 217, 218 and 219.\n\t(3)\tThe 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\t(4)\tThe 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.\n216B—Power of Regulatory Authority to obtain information, documents and evidence from specified person at education and care service for the purposes of a related provider determination\n\t(1)\tFor the purposes of making a related provider determination in relation to an approved provider or former provider, the Regulatory Authority, by written notice, may require a specified person at an education and care service—\n\t(a)\tto 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\t(b)\tto 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\t(2)\tThe Regulatory Authority must—\n\t(a)\twarn the person that failure or refusal to comply with the requirement may constitute an offence; and\n\t(b)\twarn the person about the effect of sections 217, 218 and 219.\n\t(3)\tThe 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).\nspecified person means a person who is or has been—\n\t(a)\ta nominated supervisor of an education and care service; or\n\t(b)\ta staff member of an education and care service; or\n\t(c)\ta volunteer at an education and care service.\n216C—Approved provider that is a related provider must disclose certain information to Regulatory Authority\nAt the request of the Regulatory Authority, an approved provider who is a related provider must disclose to the Regulatory Authority within 14 days after the Regulatory Authority's request—\n\t(a)\tdetails 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\t(b)\tthe prescribed information relating to the approved provider's ownership or operation.\n217—Offence to fail to comply with notice or requirement\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.\n218—Offence to hinder or obstruct Regulatory Authority\nA person must not obstruct or hinder the Regulatory Authority in exercising a power under section 215, 216, 216A or 216B.\n219—Self incrimination not an excuse\n\t(1)\tA 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\t(2)\tSubject 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\t(3)\tDespite 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.\ndisclosed information means—\n\t(a)\tthe answer by an individual to any question asked under section 215, 216, 216A or 216B; or\n\t(b)\tthe provision by an individual of any information in compliance with section 215, 216, 216A or 216B; or\n\t(c)\tany information obtained directly or indirectly because of that answer or the provision of that information.\nPart 10—Ministerial Council\n220—Functions of Ministerial Council\n\t(1)\tThe Ministerial Council has the following functions under this Law:\n\t(a)\tto oversee the implementation and administration of the National Quality Framework;\n\t(b)\tto promote uniformity in the application and enforcement of the National Quality Framework;\n\t(c)\tto review and approve the National Quality Standard and set specific standards for education and care services and classes of education and care services;\n\t(d)\tto review and approve the rating level system to be used in rating education and care services;\n\t(e)\tto review and approve the fee structure under this Law;\n\t(f)\tto review and approve new learning frameworks for the purposes of this Law;\n\t(g)\tto monitor the implementation and operation of, and recommend or approve amendments to, this Law;\n\t(h)\tto monitor the implementation and operation of the national regulations;\n\t(i)\tto 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\t(j)\tto appoint the members of the Board;\n\t(k)\tto monitor and review the performance of the National Authority;\n\t(l)\tany other functions given to the Ministerial Council by or under this Law.\n\t(2)\tThe Ministerial Council must have regard to the objectives and guiding principles of the National Quality Framework in carrying out its functions.\n221—Powers of Ministerial Council\nThe Ministerial Council may—\n\t(a)\tmake recommendations to the Board in relation to the exercise of the National Authority's functions under this Law; and\n\t(b)\trefer any matter to the Board for consideration and advice; and\n\t(c)\tmake regulations in accordance with this Law; and\n\t(d)\tdo anything necessary or convenient to be done in carrying out its functions.\n222—Directions\n\t(1)\tThe Ministerial Council may give directions to the Board in relation to the carrying out of the National Authority's functions under this Law, including the following:\n\t(a)\treporting and accountability to the Ministerial Council and Regulatory Authorities;\n\t(b)\tthe application of the National Quality Framework;\n\t(c)\tthe rating level system to be used in rating education and care services;\n\t(d)\tthe collection and use of information.\n\t(2)\tThe Ministerial Council may give directions to a Regulatory Authority with respect to the administration of the National Quality Framework.\n\t(3)\tA direction under this section cannot be about—\n\t(a)\ta particular person or education and care service; or\n\t(b)\ta particular application, approval, notification, assessment or proceeding; or\n\t(c)\tthe determination of a rating for a particular education and care service.\n\t(4)\tA direction must be in writing.\n\t(5)\tA direction must not be inconsistent with this Law.\n\t(6)\tA direction is not a legislative instrument or an instrument of a legislative character.\n\t(7)\tA direction to the Board under this section must be given to the Chairperson of the Board.\n\t(8)\tThe Board or a Regulatory Authority must comply with a direction given to the Board or the Authority by the Ministerial Council under this section.\n223—How Ministerial Council exercises powers\n\t(1)\tThe 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\t(2)\tAn 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","sortOrder":24},{"sectionNumber":"Part 11","sectionType":"part","heading":"Australian Children's Education and Care Quality Authority","content":"Part 11—Australian Children's Education and Care Quality Authority\nDivision 1—The National Authority\n224—National Authority\n\t(1)\tThe Australian Children's Education and Care Quality Authority is established.\n\t(2)\tThe National Authority—\n\t(a)\tis a body corporate with perpetual succession; and\n\t(b)\thas a common seal; and\n\t(c)\tmay sue and be sued in its corporate name.\n\t(3)\tThe National Authority represents the State.\n225—Functions of National Authority\n\t(1)\tThe functions of the National Authority are as follows—\n\t(a)\tto guide the implementation and administration of the National Quality Framework and to monitor and promote consistency in its implementation and administration;\n\t(b)\tto report to and advise the Ministerial Council on the National Quality Framework;\n\t(c)\tto report to the Regulatory Authorities and the relevant Commonwealth Department in relation to the following:\n\t(i)\tthe collection of information under this Law;\n\t(ii)\tthe evaluation of the National Quality Framework;\n\t(d)\tto establish consistent, effective and efficient procedures for the operation of the National Quality Framework;\n\t(e)\tto determine the arrangements for national auditing for the purposes of this Law;\n\t(f)\tto keep national information on the assessment, rating and regulation of education and care services;\n\t(g)\tto establish and maintain national registers of approved providers and approved education and care services and to publish those registers;\n\t(ga)\tto establish, maintain and publish the National Early Childhood Worker Register;\n\t(h)\tto promote and foster continuous quality improvement by approved education and care services;\n\t(i)\tto publish, monitor and review ratings of approved education and care services;\n\t(j)\tto make determinations with respect to the highest level of rating for approved education and care services;\n\t(k)\tin conjunction with the Regulatory Authorities, to educate and inform education and care services and the community about the National Quality Framework;\n\t(l)\tto publish guides and resources—\n\t(i)\tto support parents and the community in understanding quality in relation to education and care services; and\n\t(ii)\tto support the education and care services sector in understanding the National Quality Framework;\n\t(m)\tto publish information about the implementation and administration of the National Quality Framework and its effect on developmental and educational outcomes for children;\n\t(n)\tto publish practice notes and guidelines for the application of this Law;\n\t(o)\tto provide support and training for staff of Regulatory Authorities;\n\t(p)\tto determine the qualifications required to be held by educators, including the assessment of equivalent qualifications;\n\t(q)\tany other function given to the National Authority by or under this Law.\n\t(2)\tIn 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\t(3)\tIn carrying out its functions, the National Authority must have regard to the objectives and guiding principles of the National Quality Framework.\n226—National Authority may advise and seek guidance of Ministerial Council\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.\n227—Powers of National Authority\n\t(1)\tThe National Authority has all the powers of an individual and, in particular, may—\n\t(a)\tenter into contracts; and\n\t(b)\tacquire, hold, dispose of, and deal with, real and personal property; and\n\t(c)\tborrow and invest money; and\n\t(d)\tdevelop and supply resources and consultancy services to the education and care sector on a commercial basis; and\n\t(e)\tdo anything necessary or convenient to be done in carrying out its functions.\n\t(2)\tWithout limiting subsection (1), the National Authority may—\n\t(a)\tcollect, 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.\n\t(b)\tdevelop 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\t(c)\tcollect, waive, reduce, defer and refund fees and enter into agreements in relation to fees in accordance with the national regulations; and\n\t(d)\tenter into agreements in relation to fees and funding with the Regulatory Authorities; and\n\t(e)\tundertake research and evaluation activities for the purpose of its functions under this Law.\n228—Co-operation with participating jurisdictions and Commonwealth\n\t(1)\tThe National Authority may exercise any of its functions in co‑operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co‑operation with or with the assistance of any of the following:\n\t(a)\ta government agency of a participating jurisdiction or of the Commonwealth; or\n\t(b)\tan educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth; or\n\t(c)\ta prescribed body or body in a prescribed class of bodies.\n\t(2)\tIn particular, the National Authority may—\n\t(a)\task 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\t(b)\tuse the information to carry out its functions under this Law.\n\t(3)\tA 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.\n229—National audit functions\n\t(1)\tThe National Authority is to undertake national audits of the administration of the National Quality Framework and—\n\t(a)\treview the findings of the national audit processes; and\n\t(b)\tevaluate trends in the administration of the National Quality Framework across participating jurisdictions; and\n\t(c)\tadvise the Regulatory Authorities about the outcomes of the national audit processes and its evaluations; and\n\t(d)\treport to the Ministerial Council on the outcomes of the national audit and evaluation processes.\n\t(2)\tThe audits are to be undertaken at the intervals, and by the means, determined by the National Authority.\nDivision 2—The Board of the National Authority\nSubdivision 1—Establishment and responsibilities\n230—National Authority Board\nThe National Authority has a governing body known as the Australian Children's Education and Care Quality Authority Board.\n231—Responsibilities of Board\n\t(1)\tThe affairs of the National Authority are to be controlled by the Board.\n\t(2)\tThe Board has all the powers and duties and all the functions of the National Authority.\n\t(3)\tAll 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\t(4)\tThe 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\t(5)\tThe Board has any other functions given to it under this Law.\n\t(6)\tAny report to the Ministerial Council under this Law is to be made by or through the Board.\n\t(7)\tThe Board must act in accordance with any directions given to the National Authority by the Ministerial Council under section 222.\n\t(8)\tThe Board must work collaboratively with the Regulatory Authorities and the relevant Commonwealth Department to support and promote the National Quality Framework.\n232—Membership of Board\n\t(1)\tThe Board consists of up to 13 members appointed by consensus of the Ministerial Council.\n\t(2)\tThe Ministerial Council must appoint by consensus one person to be the Chairperson of the Board.\n\t(3)\tOne 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\t(4)\tThe Commonwealth Minister may nominate up to 8 persons for appointment to the Board.\n\t(5)\tFour of the persons nominated under subsection (4) must be appointed to the Board.\n\t(6)\tThe 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\t(7)\tThe members appointed to the Board must have professional skills and expertise in one or more of the following areas:\n\t(a)\tassessment of quality in education and care services or other relevant services;\n\t(b)\tearly childhood development;\n\t(c)\tlabour market and workforce participation and development;\n\t(d)\tbest practice regulation;\n\t(e)\tfinancial management and corporate governance;\n\t(f)\tresearch, evaluation and performance;\n\t(g)\tany other areas of skill determined by the Ministerial Council.\n\t(8)\tIn 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.\nSubdivision 2—Members\n233—Terms of office of members\n\t(1)\tSubject to this Subdivision, members of the Board hold office on the terms and conditions determined by the Ministerial Council.\n\t(2)\tSubject 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\t(3)\tA member may be reappointed for a further period of not more than 3 years.\n\t(4)\tThe maximum consecutive period of appointment of a member is 2 terms.\n234—Remuneration\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.\n235—Vacancy in the office of member\n\t(1)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tcompletes a term of office; or\n\t(b)\tresigns the office by instrument addressed to the Chairperson of the Board; or\n\t(c)\tis removed from office by the Ministerial Council under this section; or\n\t(d)\tin 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\t(e)\tin 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\t(f)\tdies.\n\t(2)\tThe Chairperson of the Ministerial Council may remove a member of the Board from office if—\n\t(a)\tthe 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\t(b)\tthe 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\t(c)\tthe 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\t(3)\tThe Chairperson of the Board may resign by written notice addressed to the Chairperson of the Ministerial Council.\n\t(4)\tA 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\t(5)\tIf 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\t(6)\tIf 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.\n236—Acting positions\n\t(1)\tThe Deputy Chairperson of the Board is to act as the Chairperson of the Board—\n\t(a)\tduring a vacancy in the office of Chairperson; or\n\t(b)\tduring any period that the Chairperson—\n\t(i)\tis absent from duty; or\n\t(ii)\tis, for any reason, unable to carry out the duties of that office.\n\t(2)\tWhile the Deputy Chairperson of the Board is acting in the office of Chairperson—\n\t(a)\the or she has all the powers and functions of the Chairperson; and\n\t(b)\tthis Law and other laws apply to the Deputy Chairperson as if he or she were Chairperson.\n\t(3)\tAnything 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\t(4)\tThe Ministerial Council may, by consensus, appoint a member of the Board to be the Deputy Chairperson of the Board—\n\t(a)\tduring a vacancy in the office of Deputy Chairperson; or\n\t(b)\tduring any period that the Deputy Chairperson—\n\t(i)\tis acting as the Chairperson; or\n\t(ii)\tis absent from duty; or\n\t(iii)\tis, for any reason, unable to carry out the duties of that office.\n\t(5)\tA 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.\n237—Leave of absence\n\t(1)\tThe 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\t(2)\tThe 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\t(3)\tThe 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\t(4)\tIf 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.\n238—Disclosure of conflict of interest\n\t(1)\tIf—\n\t(a)\ta 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\t(b)\tthe 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.\n\t(2)\tParticulars of any disclosure made under subsection (1) must be recorded by the Board.\n\t(3)\tAfter a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Board otherwise determines—\n\t(a)\tbe present during any deliberation of the Board with respect to the matter; or\n\t(b)\ttake part in any decision of the Board with respect to the matter; or\n\t(c)\tbe provided with any written material in relation to the matter.\n\t(4)\tFor the purposes of the making of a determination by the Board under subsection (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—\n\t(a)\tbe present during any deliberation of the Board for the purpose of making the determination; or\n\t(b)\ttake part in the making of the determination by the Board.\n\t(5)\tA contravention of this section does not invalidate any decision of the Board.\nSubdivision 3—Procedure of Board\n239—General procedure\n\t(1)\tThe Board must hold such meetings as are necessary for it to perform its functions.\n\t(2)\tSubject 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\t(3)\tThe 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\t(4)\tThe Chairperson of the Board must convene a meeting of the Board at the written request of the Ministerial Council.\n\t(5)\tThe Board must keep minutes of its meetings.\n240—Quorum\nThe quorum for a meeting of the Board is 9 members of whom—\n\t(a)\tone must be the Chairperson or Deputy Chairperson; and\n\t(b)\tfive must be members appointed on the nomination of State and Territory Ministers; and\n\t(c)\tone may be a member appointed on the nomination of the Commonwealth Minister.\n241—Chief executive officer may attend meetings of the Board\n\t(1)\tThe chief executive officer of the National Authority, subject to the policies and procedures of the Board, may attend meetings of the Board and participate in its deliberations but—\n\t(a)\tis not a member of the Board; and\n\t(b)\tis not entitled to vote at a meeting of the Board.\n\t(2)\tSection 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.\n242—Presiding member\nThe Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson) is to preside at a meeting of the Board.\n243—Voting\n\t(1)\tAt a meeting of the Board each member will have a deliberative vote.\n\t(2)\tA 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\t(3)\tIn 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\t(4)\tThe Board must keep a record of all decisions made at a meeting.\n\t(5)\tIf 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.\n244—Defects in appointment of members\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.\n245—Transaction of business by alternative means\n\t(1)\tThe 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\t(2)\tThe 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\t(3)\tFor the purposes of—\n\t(a)\tthe approval of a resolution under subsection (1); or\n\t(b)\ta 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.\n\t(4)\tPapers 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.\n246—Delegation by Board\n\t(1)\tThe Board may, in writing, delegate any of its functions, powers or duties to—\n\t(a)\ta Regulatory Authority; or\n\t(b)\tthe 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\t(c)\tthe chief executive officer of the National Authority; or\n\t(d)\ta committee established by the Board; or\n\t(e)\tany other entity with the approval of the Ministerial Council.\n\t(2)\tSubject 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\t(3)\tThe 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.\n247—Committees\n\t(1)\tThe Board may establish committees to assist it in carrying out its functions.\n\t(2)\tThe Board must determine—\n\t(a)\tthe membership and functions of a committee; and\n\t(b)\tthe procedure at or in relation to meetings of the committee including—\n\t(i)\tthe convening of meetings; and\n\t(ii)\tthe quorum for meetings; and\n\t(iii)\tthe selection of a committee member to be the chairperson of the committee; and\n\t(iv)\tthe manner in which questions arising at meetings of the committee are to be decided; and\n\t(c)\tthe procedures for reporting to the Board.\n\t(3)\tA committee must give the Board any reports, documents and information relating to the committee's functions and activities that the Board requests.\n\t(4)\tThe Board must report to the Ministerial Council on any committees it establishes.\nSubdivision 4—Chief executive officer of the National Authority\n248—Chief executive officer\n\t(1)\tSubject to this section, the Chairperson of the Board is to appoint a person as chief executive officer of the National Authority.\n\t(2)\tThe appointment may only be made after the Ministerial Council has first endorsed the appointment on the recommendation of the Board.\n249—Functions of chief executive officer\n\t(1)\tThe chief executive officer is responsible for the day-to-day management of the affairs of the National Authority.\n\t(2)\tThe chief executive officer has any other functions given to him or her or delegated to him or her under this Law.\n\t(3)\tSubject 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\t(4)\tThe chief executive officer is to report to the Board.\n\t(5)\tThe chief executive officer must manage the affairs of the National Authority in a way that—\n\t(a)\tpromotes the effective use of the resources of the National Authority; and\n\t(b)\tis consistent with this Law.\n\t(6)\tThe chief executive officer must work collaboratively with the Regulatory Authorities and the relevant Commonwealth Department to support and promote the National Quality Framework.\n250—Terms and conditions of appointment\n\t(1)\tThe 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\t(2)\tA member of the Board cannot be appointed as chief executive officer.\n\t(3)\tSubject to this Law, the chief executive officer holds office subject to any terms and conditions that are decided by the Board.\n\t(4)\tThe 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\t(5)\tThe Chairperson of the Board must notify the Chairperson of the Ministerial Council of any approval given under subsection (4).\n\t(6)\tThe chief executive officer of the National Authority is taken, while holding that office, to be a member of the staff of the National Authority.\n251—Remuneration\nThe chief executive officer is to be paid the remuneration and allowances decided by the Board.\n252—Vacancy in office\nThe office of the chief executive officer of the National Authority becomes vacant if—\n\t(a)\tthe chief executive officer resigns from office by written notice addressed to the Chairperson of the Board; or\n\t(b)\tthe appointment of the chief executive officer is terminated by the Board under this Law; or\n\t(c)\tthe chief executive officer dies.\n253—Resignation\n\t(1)\tThe chief executive officer may resign the office by written notice addressed to the Chairperson of the Board.\n\t(2)\tThe 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\t(3)\tThe Chairperson of the Board must notify the Ministerial Council of that resignation.\n254—Termination of appointment\n\t(1)\tThe Board may terminate the appointment of the chief executive officer—\n\t(a)\tfor misconduct or for physical or mental incapacity that significantly impacts on the ability of the chief executive officer to perform the role; or\n\t(b)\tif the Board is satisfied that the performance of the chief executive officer has been unsatisfactory; or\n\t(c)\tif the chief executive officer engages in paid employment outside the duties of his or office without the approval of the Chairperson of the Board; or\n\t(d)\tif 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\t(2)\tThe Board must terminate the appointment of the chief executive officer if the chief executive officer—\n\t(a)\tbecomes 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\t(b)\tis 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\t(c)\tfails, without reasonable excuse, to comply with section 256.\n\t(3)\tThe Chairperson of the Board must notify the Chairperson of the Ministerial Council of the termination of the appointment of the chief executive officer.\n255—Acting chief executive officer\n\t(1)\tThe Board may appoint a person to act as the chief executive officer—\n\t(a)\tduring any vacancy in the office of chief executive officer; or\n\t(b)\tduring any period that the chief executive officer—\n\t(i)\tis absent from duty; or\n\t(ii)\tis, for any reason, unable to perform the duties of that office.\n\t(2)\tThe period of the acting appointment must not exceed 6 months.\n256—Disclosure of interests\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.\nSubdivision 5—Staff, consultants and contractors\n257—Staff of National Authority\n\t(1)\tThe National Authority may, for the purpose of carrying out its functions, employ staff.\n\t(2)\tThe staff of the National Authority are to be employed on the terms and conditions determined by the National Authority from time to time.\n\t(3)\tSubsection (2) is subject to any relevant industrial award or agreement that applies to the staff.\n258—Staff seconded to National Authority\nThe National Authority may, in consultation with the relevant Regulatory Authority or the relevant Commonwealth Department, make arrangements for the secondment of staff.\n259—Consultants and contractors\n\t(1)\tThe National Authority may engage persons with suitable qualifications and experience as consultants or contractors.\n\t(2)\tThe terms and conditions of engagement of consultants or contractors are as decided by the National Authority from time to time.\n","sortOrder":25},{"sectionNumber":"Part 12","sectionType":"part","heading":"Regulatory Authority","content":"Part 12—Regulatory Authority\n260—Functions of Regulatory Authority\nThe Regulatory Authority has the following functions under this Law in relation to this jurisdiction:\n\t(a)\tto administer the National Quality Framework;\n\t(b)\tto assess approved education and care services against the National Quality Standard and the national regulations and determine the ratings of those services;\n\t(c)\tto monitor and enforce compliance with this Law;\n\t(d)\tto receive and investigate complaints arising under this Law;\n\t(e)\tin 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\t(f)\tto work in collaboration with the National Authority to support and promote continuous quality improvements in education and care services;\n\t(g)\tto undertake information collection, review and reporting for the purposes of—\n\t(i)\tthe regulation of education and care services; and\n\t(ii)\treporting on the administration of the National Quality Framework; and\n\t(iii)\tthe sharing of information under this Law;\n\t(h)\tany other functions conferred on the Regulatory Authority under this Law.\n261—Powers of Regulatory Authority\n\t(1)\tThe 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\t(2)\tWithout limiting subsection (1), the Regulatory Authority has the following powers under this Law in relation to this jurisdiction:\n\t(a)\tto 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\t(b)\tsubject 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\t(c)\tto maintain and publish registers of approved providers and approved education and care services;\n\t(d)\tto publish information about the National Quality Framework, including ratings and prescribed information about compliance with this Law;\n\t(e)\tto collect, waive, reduce, defer and refund fees (including late payment fees) and enter into agreements in relation to fees;\n\t(f)\tto enter into agreements relating to fees and funding with the National Authority;\n\t(g)\tto exercise any other powers conferred on it by this Law.\n262—Delegations\n\t(1)\tThe Regulatory Authority may in writing delegate any of its functions and powers under this Law (other than this power of delegation) to—\n\t(a)\tany person employed under a public sector law of this jurisdiction; or\n\t(b)\ta prescribed person or a person in a prescribed class of persons.\n\t(2)\tA 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","sortOrder":26},{"sectionNumber":"Part 13","sectionType":"part","heading":"Information, records and privacy","content":"Part 13—Information, records and privacy\nDivision 1—Privacy\n263—Application of Commonwealth Privacy Act\n\t(1)\tThe Privacy Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework.\n\t(2)\tFor the purposes of subsection (1), the Privacy Act applies—\n\t(a)\tas 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\t(b)\tas if a reference to the Privacy Commissioner were a reference to the National Education and Care Services Privacy Commissioner; and\n\t(c)\twith any other modifications made by the national regulations.\n\t(3)\tWithout limiting subsection (2)(c), the national regulations may—\n\t(a)\tprovide 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\t(b)\tprovide 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\nPrivacy Act means the Privacy Act 1988 of the Commonwealth, as in force from time to time.\nDivision 2—Application of Commonwealth FOI Act\n264—Application of Commonwealth FOI Act\n\t(1)\tThe FOI Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework.\n\t(2)\tFor the purposes of subsection (1), the FOI Act applies—\n\t(a)\tas 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\t(b)\tas if a reference to the Information Commissioner were a reference to the National Education and Care Services Freedom of Information Commissioner; and\n\t(c)\twith any other modifications made by the national regulations.\n\t(a)\tprovide 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\t(b)\tprovide 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\nFOI Act means the Freedom of Information Act 1982 of the Commonwealth, as in force from time to time.\nDivision 3—Application of New South Wales State Records Act\n265—Application of State Records Act\n\t(1)\tThe 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\t(2)\tThe national regulations may modify the State Records Act for the purposes of this Law.\n\t(a)\tprovide 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\t(b)\tprovide 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\nState Records Act means the State Records Act 1998 of New South Wales, as in force from time to time.\nDivision 4—Registers\n266—Register of approved providers\n\t(1)\tThe National Authority must keep a register of approved providers.\n\t(2)\tThe register must contain—\n\t(a)\tthe name of each approved provider; and\n\t(ab)\tthe name of each related provider of each approved provider; and\n\t(b)\tany other prescribed information.\n\t(3)\tThe register of approved providers may be inspected at the office of the National Authority during normal office hours without charge.\n\t(4)\tA person may obtain a copy of, or extract from, the register of approved providers on payment of the prescribed fee.\n267—Register of education and care services\n\t(1)\tThe Regulatory Authority must keep a register of approved education and care services operating in the participating jurisdiction.\n\t(2)\tThe register of approved education and care services must contain the following information:\n\t(a)\tthe name of each service;\n\t(b)\tthe name of the approved provider of each service;\n\t(c)\texcept in the case of a family day care service, the address of each education and care service premises;\n\t(d)\tin the case of an approved family day care service, the address of the principal office of the service;\n\t(e)\tthe rating levels for each service;\n\t(f)\tany other prescribed information.\n\t(3)\tThe register of approved education and care services may be inspected at the office of the Regulatory Authority during normal office hours without charge.\n\t(4)\tA person may obtain a copy of, or extract from, the register of approved education and care services on payment of the prescribed fee.\n\t(5)\tThe 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.\n269—Register of family day care educators, co‑ordinators and assistants\n\t(1)\tThe approved provider of a family day care service must keep a register at the principal office of the service that contains the prescribed information in respect of the following persons—\n\t(a)\teach family day care educator engaged by or registered with the service;\n\t(b)\teach family day care co-ordinator employed or engaged by the service;\n\t(c)\teach family day care educator assistant engaged by or registered with the service.\n\t(2)\tThe approved provider must take reasonable steps to ensure that the information contained in the register is accurate.\n\t(3)\tThe approved provider must provide any information on the register and any changes to the information on the register to the Regulatory Authority on request within 24 hours of the Regulatory Authority's request. \n\t(4)\tThe approved provider must keep the register in accordance with the prescribed requirements (if any).\n","sortOrder":27},{"sectionNumber":"Div 4A","sectionType":"division","heading":"National Early Childhood Worker Register","content":"Division 4A—National Early Childhood Worker Register\n269A—Who is an education and care service worker?\nIn this Division, each of the following is an education and care service worker:\n\t(a)\ta nominated supervisor of an education and care service;\n\t(b)\ta staff member of an education and care service;\n\t(c)\ta volunteer at an education and care service.\n269B—National Early Childhood Worker Register\n\t(1)\tThe National Authority must establish and maintain the National Early Childhood Worker Register.\n\t(2)\tThe National Authority may include the following information in the National Early Childhood Worker Register about each education and care service worker:\n\t(a)\tthe person's full name and any alias name or former name;\n\t(b)\tthe person's address and telephone number;\n\t(c)\tthe person's date of birth;\n\t(d)\tin relation to each education and care service where the education and care service worker is or has been employed, engaged or appointed—\n\t(i)\tthe role in which the person is or has been employed, engaged or appointed in or as part of the service; and\n\t(ii)\tthe name of the service; and\n\t(iii)\tthe date that the person was employed, engaged or appointed in or as part of the service; and\n\t(iv)\tthe date the person ceased to be employed, engaged or appointed in or as part of the service (if applicable); and\n\t(e)\tany other prescribed information.\n269C—National Authority may access and use information on other registers\n\t(1)\tThe 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\t(2)\tThe 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.\n269D—Access to National Early Childhood Worker Register\n\t(1)\tThe National Authority is authorised to access the National Early Childhood Worker Register for the purposes of the National Authority—\n\t(a)\tmaintaining the register under this Law; or\n\t(b)\tperforming any other function of the National Authority under this Law.\n\t(2)\tThe 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\t(3)\tAn 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.\n269E—Approved provider must give information to the National Authority for the National Early Childhood Worker Register\n\t(1)\tAn approved provider of an education and care service must take reasonable steps to ensure that the information set out in section 269B(2) is provided to the National Authority—\n\t(a)\twithin the prescribed time after an education and care service worker is employed, engaged or appointed at the service; and\n\t(b)\tin the manner and form approved by the Authority.\n\t(2)\tAn approved provider of an education and care service must take reasonable steps to ensure that the National Authority is notified about any changes to information on the National Early Childhood Worker Register about an education and care service worker employed, engaged or appointed at the service—\n\t(a)\twithin the prescribed time after the approved provider becomes aware of the change; and\n\t(b)\tin the manner and form approved by the Authority.\n\t(3)\tAn 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 of Victoria commences and ending on the day that is one month after that commencement.\n269F—Collection by National Authority of information for the purposes of maintaining the National Early Childhood Worker Register\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.\n269G—Collection, use and disclosure by National Authority of information on the National Early Childhood Worker Register\n\t(1)\tThe 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\t(2)\tThe National Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to—\n\t(e)\tthe Regulatory Authority.\n\t(3)\tThe purposes for disclosure of information under this section are—\n\t(a)\tthe disclosure is for the purposes of enabling or assisting the National Authority to perform any of its functions under this Law; or\n\t(b)\tthe disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\n\t(c)\tthe 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\t(d)\tthe 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\t(e)\tthe disclosure is for a purpose relating to the funding of education and care services; or\n\t(f)\tthe 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\t(4)\tA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\t(b)\tsubject 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\t(5)\tInformation disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than—\n\t(a)\tan approved provider or a nominated supervisor; or\n\t(b)\ta family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\n269H—Collection, use and disclosure by Regulatory Authority of information on the National Early Childhood Worker Register\n\t(1)\tThe 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\t(2)\tThe Regulatory Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to—\n\t(e)\tanother Regulatory Authority.\n\t(3)\tThe purposes for disclosure of information under this section are—\n\t(a)\tthe 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\t(b)\tthe disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\n\t(c)\tthe 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\t(d)\tthe 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\t(e)\tthe disclosure is for a purpose relating to the funding of education and care services; or\n\t(f)\tthe 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\t(4)\tA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\t(b)\tsubject 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\t(5)\tInformation disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than—\n\t(a)\tan approved provider or a nominated supervisor; or\n\t(b)\ta family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\nDivision 5—Publication of information\n270—Publication of information\n\t(1)\tThe National Authority and the Regulatory Authority may publish the following information about approved providers, approved education and care services and nominated supervisors:\n\t(a)\tthe name of each provider, service or supervisor;\n\t(b)\texcept in the case of approved family day care services, the address of each education and care service premises;\n\t(c)\tin the case of approved family day care services, the address of the principal office of each service;\n\t(d)\tthe rating levels of each approved education and care service;\n\t(da)\tany prescribed information in relation to a related provider determination made in respect of an approved provider;\n\t(e)\tother prescribed information in respect of approved education and care services.\n\t(2)\tThe National Authority—\n\t(a)\tmust publish on its website the register of approved providers; and\n\t(b)\tmay publish on its website the register of approved education and care services as kept by a Regulatory Authority.\n\t(3)\tThe Regulatory Authority must publish on its website the register of approved education and care services kept by the Regulatory Authority.\n\t(4)\tThe relevant Commonwealth Department is authorised to publish the register of approved education and care services on a website kept by that department.\n\t(5)\tThe Regulatory Authority may publish the prescribed information about—\n\t(a)\tenforcement actions taken under this Law, including information about compliance notices, prosecutions, enforceable undertakings, suspension or cancellation of approvals; and\n\t(b)\tany prescribed matters.\n\t(6)\tInformation published under this section must not include information that could identify or lead to the identification of an individual other than—\n\t(a)\tan approved provider or nominated supervisor; or\n\t(b)\ta person who is being prosecuted for an offence against this Law; or\n\t(c)\tif 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.\nDivision 6—Disclosure of information\n271—Disclosure of information to other authorities\n\t(1)\tThe National Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4), to—\n\t(e)\ta Regulatory Authority of a participating jurisdiction.\n\t(2)\tThe Regulatory Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4), to—\n\t(e)\ta Regulatory Authority of another participating jurisdiction.\n\t(3)\tThe 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\t(3A)\tThe 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\t(4)\tThe purposes for disclosure of information under this section are—\n\t(a)\tthe disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or\n\t(b)\tthe 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\t(c)\tthe 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\t(d)\tthe disclosure is for a purpose relating to the funding of education and care services; or\n\t(e)\tthe 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\t(5)\tThe 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\t(6)\tThe 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\t(7)\tA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\t(b)\tsubject 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\t(8)\tInformation disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than—\n\t(a)\tan approved provider (including any related provider of an approved provider) or a nominated supervisor; or\n\t(b)\ta family day care educator who has been suspended from providing education and care to children as part of a family day care service; or\n272—Disclosure of information to approved providers\n\t(1)\tThe National Authority or the Regulatory Authority may disclose the following information to an approved provider if the National Authority or Regulatory Authority considers on reasonable grounds that the information may assist the provider to comply with this Law:\n\t(a)\twhether an individual who is employed, appointed or engaged by the approved provider has given an enforceable undertaking under section 179A that is in force, including information about the following:\n\t(i)\tthe provisions of this Law that the individual has contravened or is alleged to have contravened;\n\t(ii)\tthe actions that the individual must take or refrain from taking to comply with the enforceable undertaking;\n\t(iii)\twhether the individual is complying with the enforceable undertaking;\n\t(b)\twhether 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\t(c)\twhether 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\t(2)\tA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\t(b)\tsubject 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.\n272A—Disclosure of information to recruitment agencies\n\t(1)\tThe National Authority or the Regulatory Authority may disclose the following information to a recruitment agency for the purposes of promoting the objectives of the National Quality Framework:\n\t(a)\twhether a specified person has given an enforceable undertaking under section 179A that is in force, including information about the following:\n\t(i)\tthe provisions of this Law that the specified person has contravened or is alleged to have contravened;\n\t(ii)\tthe actions that the specified person must take or refrain from taking to comply with the enforceable undertaking;\n\t(iii)\twhether the specified person is complying with the enforceable undertaking;\n\t(b)\twhether a specified person is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction;\n\t(c)\twhether 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\t(2)\tA disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by—\n\t(b)\tsubject 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.\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.\n273—Duty of confidentiality\n\t(1)\tAn 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.\n\t(2)\tHowever, subsection (1) does not apply if—\n\t(a)\tthe information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or\n\t(b)\tthe disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or\n\t(c)\tthe disclosure is with the agreement of the person to whom the information relates; or\n\t(d)\tthe information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or\n\t(e)\tthe 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\t(f)\tthe disclosure is otherwise authorised by the Ministerial Council.\nprotected information means information—\n\t(a)\tthat is personal to a particular individual and that identifies or could lead to the identification of the individual; and\n\t(b)\tthat comes to a person's knowledge in the course of, or because of, the person exercising functions under this Law.\n","sortOrder":28},{"sectionNumber":"Part 14","sectionType":"part","heading":"Miscellaneous","content":"Part 14—Miscellaneous\nDivision 1—Finance\n274—Australian Children's Education and Care Quality Authority Fund\n\t(1)\tThe Australian Children's Education and Care Quality Authority Fund is established.\n\t(2)\tThe Authority Fund is a fund to be administered by the National Authority.\n\t(3)\tThe National Authority may establish accounts with any financial institution for money in the Authority Fund.\n\t(4)\tThe Authority Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.\n275—Payments into Authority Fund\nThere is payable into the Authority Fund—\n\t(a)\tall money provided by a participating jurisdiction or the Commonwealth for the purposes of the Fund; and\n\t(b)\tthe proceeds of the investment of money in the Fund; and\n\t(c)\tall 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\t(d)\tall 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\t(e)\tany other money and property prescribed by the national regulations; and\n\t(f)\tany other money or property received by the National Authority in connection with the exercise of its functions.\n276—Payments out of Authority Fund\nPayments may be made from the Authority Fund for the purpose of—\n\t(a)\tpaying 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\t(b)\tpaying any remuneration or allowances payable under this Law by the National Authority; and\n\t(c)\tallocating, transferring or reimbursing money to a participating jurisdiction in accordance with the national regulations; and\n\t(d)\tany other payments recommended by the National Authority and approved by the Ministerial Council.\n277—Investment of money in Authority Fund\nThe National Authority may invest money in the Authority Fund in accordance with the national regulations.\n278—Financial management duties of National Authority\nThe National Authority must—\n\t(a)\tensure that its operations are carried out efficiently, effectively and economically; and\n\t(b)\tkeep proper books and records in relation to the Authority Fund; and\n\t(c)\tensure 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\t(d)\tensure that its procedures, including internal control procedures, afford adequate safeguards with respect to—\n\t(i)\tthe correctness, regularity and propriety of payments made from the Authority Fund; and\n\t(ii)\treceiving and accounting for payments made to the Authority Fund; and\n\t(iii)\tprevention of fraud or mistake; and\n\t(e)\ttake 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\t(f)\ttake any action necessary to facilitate the audit of those financial statements in accordance with this Law; and\n\t(g)\tarrange 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.\nDivision 2—Reporting\n279—Annual report\n\t(1)\tThe 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\t(2)\tThe annual report must include—\n\t(a)\tan audited financial statement for the period to which the report relates; and\n\t(b)\ta report about the National Authority's performance of its functions under this Law during the period to which the annual report relates; and\n\t(c)\tan assessment of the implementation and administration of the National Quality Framework; and\n\t(d)\tall directions given to the National Authority by the Ministerial Council and the Authority's response; and\n\t(e)\tall directions given to the Regulatory Authorities by the Ministerial Council and the Regulatory Authorities' responses; and\n\t(f)\ta report on any committees established by the Board; and\n\t(g)\tany other matter determined by the Ministerial Council.\n\t(3)\tThe financial statement is to be prepared in accordance with Australian Accounting Standards.\n\t(4)\tThe financial statement is to be audited by a public sector auditor and a report is to be provided by the auditor.\n\t(5)\tThe 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\t(6)\tIn this section—\npublic sector auditor means—\n\t(a)\tthe Auditor‑General (however described) of a participating jurisdiction or the Commonwealth; or\n\t(b)\tan auditor employed, appointed or otherwise engaged by an Auditor‑General of a participating jurisdiction or the Commonwealth.\n280—Tabling and publication of annual report\n\t(1)\tThe 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\t(2)\tAs 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.\n281—Other reporting\n\t(1)\tThe National Authority may make any reports to the Ministerial Council that it considers necessary in the performance of its functions.\n\t(2)\tThe 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\t(3)\tThe 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\t(4)\tThe reports, documents and information referred to in subsection (2) must be provided within the time set by the Ministerial Council.\nDivision 3—Application of Commonwealth Ombudsman Act\n282—Application of Commonwealth Ombudsman Act\n\t(1)\tThe 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\t(2)\tFor the purposes of subsection (1), the Ombudsman Act applies—\n\t(a)\tas if a reference to the Commonwealth Ombudsman were a reference to the Education and Care Services Ombudsman; and\n\t(b)\twith any other modifications made by the national regulations.\n\t(a)\tprovide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or\n\t(b)\tprovide 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\nOmbudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force from time to time.\nDivision 4—Legal proceedings\n283—Who may bring proceedings for an offence?\n\t(1)\tThe following persons may bring proceedings for an offence under this Law:\n\t(a)\tthe Regulatory Authority;\n\t(b)\ta person authorised by the Regulatory Authority;\n\t(c)\ta police officer.\n\t(2)\tIn 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.\n284—When proceedings may be commenced\n\t(1)\tSubject 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\t(2)\tSubsection (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 of Victoria.\n\t(3)\tIf 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.\n285—Offences by bodies corporate\n\t(1)\tIf 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\t(2)\tThe penalty for an offence referred to in this section is the penalty applicable to an individual.\n286—Application of Law to partnerships and eligible associations and other entities\n\t(1)\tIf 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\t(2)\tIf 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\t(3)\tIf 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\t(4)\tAn 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\t(5)\tAn 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\t(6)\tAn 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\t(7)\tThe penalty for an offence that is taken to be committed under this section is the penalty applicable to an individual.\n287—Multiple holders of an approval\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.\n288—Double jeopardy\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.\n289—Immunity\n\t(1)\tA member of the Board of the National Authority, a committee of the Board or a Ratings Review Panel is not personally liable for anything done or omitted to be done in good faith—\n\t(a)\tin the exercise of a power or the performance of a function under this Law; or\n\t(b)\tin 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\t(2)\tAny 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\t(3)\tThe Regulatory Authority (if an individual) or a member of the governing body of the Regulatory Authority is not personally liable for anything done or omitted to be done in good faith—\n\t(a)\tin the exercise of a power or the performance of a function under this Law; or\n\t(b)\tin 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\t(4)\tAny 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.\n290—Immunity—education law\n\t(1)\tThis 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\t(2)\tThe Regulatory Authority may refer the matter to the relevant disciplinary body under the education law.\n\t(3)\tIf 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.\n291—Infringement offences\n\t(1)\tAn authorised officer or other person authorised by the Regulatory Authority may serve an infringement notice on a person for a contravention of—\n\t(a)\tsection 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\t(b)\toffences against the national regulations that are prescribed for the purposes of this section.\n\t(2)\tThe 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\t(3)\tAn infringement notice must be in the form prescribed or contain the information prescribed by the infringements law of this jurisdiction.\n\t(4)\tSubject to this section, the infringements law of this jurisdiction applies to infringement notices served under this section in this jurisdiction.\n\t(5)\tThe payment of an infringement penalty expiates the offence and is not to be considered in—\n\t(a)\tassessing 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\t(b)\tassessing an approved education and care service under Part 5.\n292—Evidentiary certificates\nA certificate purporting to be signed by the chief executive officer of the National Authority or by a Regulatory Authority and stating any of the following matters is prima facie evidence of the matter:\n\t(a)\ta stated document is one of the following things made, given, issued or kept under this Law:\n\t(i)\tan appointment, approval or decision;\n\t(ii)\ta notice, direction or requirement;\n\t(iv)\ta register, or an extract from a register;\n\t(v)\ta record, or an extract from a record;\n\t(b)\ta stated document is another document kept under this Law;\n\t(c)\ta stated document is a copy of a document mentioned in paragraph (a) or (b);\n\t(d)\ton a stated day, or during a stated period, a stated person was or was not an approved provider;\n\t(e)\ton a stated day, or during a stated period, an education and care service was or was not an approved education and care service;\n\t(f)\ton a stated day, or during a stated period, an approval was or was not subject to a stated condition;\n\t(g)\ton a stated day, an approval was suspended or cancelled;\n\t(h)\ton a stated day, or during a stated period, an appointment as authorised officer was, or was not, in force for a stated person;\n\t(i)\ton a stated day, a stated person was given a stated notice or direction under this Law;\n\t(j)\ton a stated day, a stated requirement was made of a stated person.\nDivision 5—Service of notices\n293—Service of notices\n\t(1)\tIf this Law requires or permits a notice to be served on a person, the notice may be served—\n\t(a)\ton an individual by—\n\t(i)\tdelivering it to the individual personally; or\n\t(ii)\tleaving 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\t(iii)\tsending 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\t(iv)\tsending 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\t(b)\ton a person other than an individual by—\n\t(i)\tleaving 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\t(ii)\tsending 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\t(iii)\tsending 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\t(2)\tSubsection (1) applies whether the word \"deliver\", \"give\", \"notify\", \"send\" or \"serve\" or another expression is used.\n\t(3)\tSubsection (1) does not affect the power of a court or tribunal to authorise service of a notice otherwise than as provided in that subsection.\n294—Service by post\nIf a notice authorised or required to be served (whether the word \"deliver\", \"give\", \"notify\", \"send\" or \"serve\" or another expression is used) on a person is served by post, service of the notice—\n\t(a)\tmay be effected by properly addressing, prepaying and posting a letter containing the document; and\n\t(b)\tin 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\t(c)\tin 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.\nDivision 6—False or misleading information\n295—False or misleading information or documents\n\t(1)\tA person must not give the Regulatory Authority or an authorised officer under this Law any information or document that the person knows is false or misleading in a material particular.\n\t(2)\tSubsection (1) does not apply in respect of the giving of a document, if the person when giving the document—\n\t(a)\tinforms the Regulatory Authority or authorised officer, to the best of the person's ability, how it is false or misleading; and\n\t(b)\tgives the correct information to the Regulatory Authority or authorised officer if the person has, or can reasonably obtain, the correct information.\nDivision 7—Protection from reprisal\n296—Definitions\nprotected disclosure means a disclosure of information or provision of documents to the Regulatory Authority—\n\t(a)\tpursuant to a request under this Law; or\n\t(b)\twhere the person making the disclosure has a reasonable belief that—\n\t(i)\tan offence against this Law has been or is being committed; or\n\t(ii)\tthe 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.\n297—Protection from reprisal\n\t(1)\tA person must not take serious detrimental action against a person in reprisal for a protected disclosure.\n\t(2)\tA person takes serious detrimental action in reprisal for a protected disclosure if—\n\t(a)\tthe person takes or threatens to take the action because—\n\t(i)\ta person has made, or intends to make, a protected disclosure; or\n\t(ii)\tthe person believes that a person has made or intends to make the protected disclosure; or\n\t(b)\tthe person incites or permits another person to take or threaten to take the action for either of those reasons.\n\t(3)\tIn 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.\n298—Proceedings for damages for reprisal\n\t(1)\tA person who takes serious detrimental action against a person in reprisal for a protected disclosure is liable in damages to that person.\n\t(2)\tThe damages may be recovered in proceedings as for a tort in any court of competent jurisdiction.\n\t(3)\tAny 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\t(4)\tThe 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.\n299—Application for injunction or order\nA person who believes that serious detrimental action has been taken or may be taken against him or her in reprisal for a protected disclosure may apply to the superior court for—\n\t(a)\tan order requiring the person who has taken the serious detrimental action to remedy that action; or\n\t(b)\tan injunction.\n300—Injunction or order\n\t(1)\tIf, on receipt of an application under section 299, the superior court is satisfied that a person has taken or intends to take serious detrimental action against a person in reprisal for a protected disclosure, the court may—\n\t(a)\torder the person who took the serious detrimental action to remedy that action; or\n\t(b)\tgrant an injunction in any terms the court considers appropriate.\n\t(2)\tThe superior court, pending the final determination of an application under section 299, may—\n\t(a)\tmake an interim order in the terms of subsection (1)(a); or\n\t(b)\tgrant an interim injunction.\nDivision 8—National regulations\n301—National regulations\n\t(1)\tThe Ministerial Council may make regulations for the purposes of this Law.\n\t(2)\tThe 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\t(3)\tWithout limiting subsection (1), the national regulations may provide for the following:\n\t(a)\tfees (including application fees and annual fees) for approvals and other things done under this Law;\n\t(b)\tthe indexation of fees;\n\t(c)\tstandards for education and care services;\n\t(d)\trequirements for educational programs, including the quality of those programs and their development, documentation and delivery;\n\t(e)\trequirements 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\t(f)\trequirements 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\t(g)\trequirements 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\t(h)\trequirements 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\t(i)\trequirements and standards about educators' relationships with children, interactions and behaviour guidance and inclusion policies and practice for education and care services;\n\t(j)\trequirements 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\t(k)\trequirements 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\t(l)\tthe records, policies and procedures to be kept by approved providers and family day care educators including enrolment and attendance information;\n\t(m)\trequirements and standards about first aid and management of children's medical conditions including—\n\t(i)\tthe training of educators and staff members; and\n\t(ii)\tplans, policies and procedures used to manage medical conditions and first aid; and\n\t(iii)\tthe keeping and storage of first aid kits and medications;\n\t(n)\tinformation required to be submitted for applications made under this Law;\n\t(o)\trequirements and standards for the provision and display of information by approved providers;\n\t(p)\tthe publication of information about enforcement actions taken under this Law, including notice and review of proposals to publish information;\n\t(q)\tmatters relating to the application of this Law to partnerships, eligible associations or prescribed entities;\n\t(r)\trequirements relating to the receipt and payment and distribution of fees and monetary penalties payable under this Law.\n\t(4)\tThe national regulations—\n\t(a)\tmay be of a general or limited application; and\n\t(b)\tmay differ according to differences in time, place (including jurisdiction) or circumstances; and\n\t(c)\tmay 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\t(d)\tmay 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\t(e)\tmay leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a Regulatory Authority; and\n\t(f)\tmay apply, adopt or incorporate by reference any document either—\n\t(i)\tas in force at the date the national regulations come into operation or at any date before then; or\n\t(ii)\twholly or in part or as amended by the national regulations; and\n\t(g)\tmay impose penalties not exceeding $6 600 for offences against the national regulations.\n302—Publication of national regulations\n\t(1)\tThe 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\t(2)\tA regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).\n303—Parliamentary scrutiny of national regulations\n\t(1)\tThe 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\t(2)\tA 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\t(3)\tA 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.\n304—Effect of disallowance of national regulation\n\t(1)\tIf 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\t(2)\tThe restoration or revival of a law under subsection (1) 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\t(3)\tA reference in this section to the repeal or amendment of a law or a provision of a law extends to the revocation or variation of a regulation or a provision of a regulation.\n","sortOrder":29},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional provisions","content":"Part 15—Transitional provisions\nDivision 1—Introductory\n305—Definitions\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—\n\t(a)\tfor which a former approval was not required under a former education and care services law; and\n\t(b)\tthat 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 Part 2, 3 and 4 of this Law commence.\nDivision 2—Education and care services\n306—Approved provider\n\t(1)\tAny person who immediately before the scheme commencement day was a declared approved provider is taken to be an approved provider under this Law.\n\t(2)\tSubsection (1) does not apply if the declared approved provider is a prescribed ineligible person.\n\t(3)\tSubsection (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\t(4)\tIf 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\t(5)\tThe trust must, within 30 days after the scheme commencement day, notify the Regulatory Authority of the identity of the trustees of the trust.\n\t(6)\tIf 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\t(7)\tIf 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\t(8)\tIf 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\t(9)\tThe 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.\n307—Service approvals\n\t(1)\tAny 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\t(2)\tAny 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\t(3)\tSubsections (1) and (2) do not apply if the person is a prescribed ineligible person.\n\t(4)\tIf 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\t(5)\tThis 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\t(6)\tIf 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\t(7)\tThe Regulatory Authority must determine before the expiry of the period of suspension referred to in subsection (6) (other than for a voluntary suspension) whether—\n\t(a)\tthe suspension should be cancelled or a further period of suspension should be imposed; or\n\t(b)\tthe service approval should be cancelled.\n\t(8)\tAny 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\t(9)\tThe 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.\n308—Approved family day care venues\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.\n309—Approval of declared out of scope services\nA person who operated a declared out of scope service immediately before the scheme commencement day is taken under this Law to hold a provider approval and a service approval for the declared out of scope service for the period from and including 1 January 2012—\n\t(a)\tto 30 June 2012, unless paragraph (b) applies; or\n\t(b)\tif 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.\n310—Application for service waiver or temporary waiver\n\t(1)\tThis 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\t(2)\tThe education and care service is taken to comply with an equivalent requirement under this Law for the period from and including 1 January 2012—\n\t(a)\tto 31 March 2012, unless paragraph (b) applies; or\n\t(b)\tif 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.\n311—Existing applicants\n\t(1)\tThis 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\t(2)\tThe applicant is taken to be an applicant for a provider approval and a service approval under this Law.\n\t(3)\tThe Regulatory Authority may—\n\t(a)\task the applicant for more information; and\n\t(b)\tinspect—\n\t(i)\tthe premises of the service and the offices of the applicant; and\n\t(ii)\tany documents relating to the applicant; and\n\t(c)\texercise any power under section 14 or section 46 in relation to the application.\n\t(4)\tThis section does not apply if the applicant is a prescribed ineligible person.\n312—Existing multiple approvals to merge\n\t(1)\tIf 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\t(2)\tThis section does not apply to a former approval for a family day care service.\n\t(3)\tThis section does not apply to a former approval to which section 311 applies.\n313—Display of accreditation and rating\n\t(1)\tThis section applies to a declared approved service that is taken under this Part to be an approved education and care service.\n\t(2)\tThe 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\t(3)\tIf 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.\n314—Effect of non-compliance in 3 years before scheme commencement day\n\t(1)\tIn determining whether to suspend or cancel under Part 2 a provider approval referred to in section 306, the Regulatory Authority—\n\t(a)\tmay 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\t(b)\tmust not suspend or cancel the provider approval solely on the basis of that non‑compliance.\n\t(2)\tIn determining whether to suspend or cancel under Part 3 a service approval referred to in section 307(1), the Regulatory Authority—\n\t(a)\tmay 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\t(b)\tmust not suspend or cancel the service approval solely on the basis of that non‑compliance.\n315—Certified supervisors\n\t(1)\tA person who was a declared certified supervisor immediately before the scheme commencement day is taken to be a certified supervisor under this Law.\n\t(2)\tThe 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\t(3)\tSubsection (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.\n316—Nominated supervisors\n\t(1)\tA 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\t(2)\tSubsection (1) ceases to apply if—\n\t(a)\tthe 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\t(b)\tthe person advises the Regulatory Authority in writing that the person does not consent to being the nominated supervisor of the education and care service.\n317—Notices and undertakings\n\t(1)\tA 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\t(2)\tA 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.\n318—Offences\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.\nDivision 3—National Authority\n319—First meeting of National Authority\nDespite section 239, the Ministerial Council is to convene the first meeting of the Board of the National Authority.\n320—First chief executive officer of National Authority\n\t(1)\tDespite 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\t(2)\tThe appointment is to be on the remuneration and other terms and conditions set out in the appointment.\n\t(3)\tAny amount payable to the first chief executive officer under the appointment is payable from the Authority Fund.\n321—First annual report of National Authority\nDespite section 279, the first annual report of the National Authority—\n\t(a)\tis to be made within 4 months after the end of the financial year ending 30 June 2012; and\n\t(b)\tis to cover the period from the first meeting of the National Authority until 30 June 2012.\nDivision 4—General\n322—Information retention and sharing\n\t(1)\tThe Regulatory Authority must, in accordance with the national regulations, keep all prescribed information held by the Regulatory Authority (or any regulatory body under the former education and care services law) in relation to—\n\t(a)\tthe licensing or approval of education and care services under the former education and care services law; and\n\t(b)\tthe monitoring and enforcement of the former education and care services law in relation to education and care services.\n\t(2)\tInformation referred to in subsection (1) may be—\n\t(a)\tused for information purposes under this Law; and\n\t(b)\theld by the Regulatory Authority in any form; and\n\t(c)\tmade available to the Regulatory Authorities of other participating jurisdictions and the National Authority.\n\t(3)\tA provider of an education and care service existing immediately before the scheme commencement day must, in accordance with the national regulations—\n\t(a)\tcontinue to keep all documents required under the former education and care services law to be kept in respect of the service; and\n\t(b)\tmake those documents available to the Regulatory Authority on request.\n323—Approved learning framework\nA declared approved learning framework is taken to be an approved learning framework under this Law.\n324—Savings and transitional regulations\n\t(1)\tThe national regulations may contain provisions (savings and transitional provisions) of a savings or transitional nature—\n\t(a)\tconsequential on the enactment of this Law in a participating jurisdiction; or\n\t(b)\tto 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\t(2)\tSavings and transitional regulations may have retrospective operation to a day not earlier than the day on which section 1 of this Law commences.\n324A—Regulations dealing with transitional matters—Early Childhood Legislation Amendment (Child Safety) Act 2025 of Victoria\n\t(1)\tThe 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 of Victoria, including any repeals and amendments made by, or as a result of, the enactment of that Act.\n\t(2)\tRegulations made under this section may—\n\t(a)\thave a retrospective effect to the day on which the Early Childhood Legislation Amendment (Child Safety) Act 2025 of Victoria receives the Royal Assent; and\n\t(b)\tbe of limited or general application; and\n\t(c)\tdiffer according to time, place or circumstances; and\n\t(d)\tleave any matter or thing to be decided by a specified person or class of person.\n\t(3)\tRegulations under this section have effect despite anything to the contrary in any Act (other than this Law) or in any subordinate instrument.\n\t(4)\tThis section is repealed on the second anniversary of its commencement.\nDivision 5—Transitional provisions—Education and Care Services National Law Amendment Act 2017\n325—Definitions\n","sortOrder":30},{"sectionNumber":"2017","sectionType":"section","heading":"Act means the Education and Care Services National Law Amendment Act 2017;","content":"2017 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.\n326—Approved family day care venues\n\t(1)\tIn 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.\n\t(2)\tSubject 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\t(3)\tIf, 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\t(4)\tDespite 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. \n327—Declared approved family day care venues continue to be approved\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.\n328—Service approval condition requiring sufficient family day care co-ordinators\n\t(1)\tIn this section—\nappointed day means the day that is 12 months after the commencement day.\n\t(2)\tThis section applies to a family day care service if, immediately before the commencement day—\n\t(a)\tthe service was an approved family day care service; and\n\t(b)\tthe service approval included a condition referred to in section 51(2).\n\t(3)\tDespite 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.\n329—Service approval condition requiring minimum number of family day care co ordinators\n\t(1)\tThis section applies to a family day care service if, immediately before the commencement day—\n\t(a)\tthe service was an approved family day care service; and\n\t(b)\tthe service approval included a condition requiring the service provide a specified minimum number of family day care co-ordinators.\n\t(2)\tDespite 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.\nDivision 6—Further transitional provisions—Education and Care Services National Law Amendment Act 2017\n332—Definitions\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.\n333—Partial assessment and re-rating\n\t(1)\tThis 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\t(2)\tDespite 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\t(3)\tDespite 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.\nrelevant day means—\n\t(a)\tin 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\t(b)\tin 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.\n334—Application for highest rating level made before commencement day\n\t(1)\tThis section applies if before the commencement day—\n\t(a)\tan approved provider had applied for an education and care service to be assessed for the highest rating level under section 152; and\n\t(b)\tthe application had not been determined.\n\t(2)\tDespite 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\t(3)\tSection 153(2) applies for the purposes of the assessment of the approved education and care service, as if a reference—\n\t(a)\tto the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and\n\t(b)\tto 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.\n335—Highest rating level awarded before, or on application made before, commencement day\n\t(1)\tThis section applies in relation to an approved education and care service that was awarded the highest rating level—\n\t(a)\tbefore the commencement day; or\n\t(b)\tafter the commencement day on an application referred to in section 334.\n\t(2)\tSection 153(2) applies for the purposes of a reassessment under section 157 of the approved education and care service, as if a reference—\n\t(a)\tto the criteria published under subsection (1) were a reference to the criteria published under subsection (1) immediately before the commencement day; and\n\t(b)\tto 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\t(3)\tDespite its amendment by the 2017 Act, section 158 as in force immediately before the commencement day continues to apply to the revocation of the highest rating level and for the purposes of that section—\n\t(a)\tthe criteria to be met are the criteria published under section 153(1) immediately before the commencement day; and\n\t(b)\tthe overall rating level is to be determined in accordance with the National Quality Standard as in force immediately before the commencement day.\nDivision 7—Transitional provisions—Early Childhood Legislation Amendment Act 2022\n336—Transitional provision—notification of persons with management or control of an education and care service\n\t(1)\tFor 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\t(2)\tSubsection (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.\ncommencement day, in relation to a participating jurisdiction, means the day on which section 5A as inserted by section 16 of the Early Childhood Legislation Amendment Act 2022 of Victoria comes into operation in that jurisdiction.\n337—Transitional provision—assessment of provider approval applications\n\t(1)\tSection 14, as amended by section 17 of the Early Childhood Legislation Amendment Act 2022 of Victoria, applies in relation to—\n\t(a)\tan application for a provider approval that was made but had not been determined before the commencement day; and\n\t(b)\ta reassessment that had commenced but had not yet been completed before the commencement day.\ncommencement day, in relation to a participating jurisdiction, means the day on which the amendments made by section 17 of the Early Childhood Legislation Amendment Act 2022 of Victoria comes into operation in that jurisdiction.\n338—Transitional provision—service waivers\n\t(1)\tDespite the commencement of section 27 of the Early Childhood Legislation Amendment Act 2022 of Victoria—\n\t(a)\tthis 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\t(b)\tthe service waiver continues in force on and after the commencement day until it is revoked by the Regulatory Authority.\ncommencement day, in relation to a participating jurisdiction, means the day on which the amendments made by section 27 of the Early Childhood Legislation Amendment Act 2022 of Victoria comes into operation in that jurisdiction.\n339—Transitional provision—temporary waivers\n\t(1)\tDespite the commencement of section 31 of the Early Childhood Legislation Amendment Act 2022 of Victoria—\n\t(a)\tthis 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\t(b)\tthe temporary waiver continues in force on and after the commencement day until the earliest of the following:\n\t(i)\tthe temporary waiver expires;\n\t(ii)\tthe temporary waiver is revoked by the Regulatory Authority.\ncommencement day, in relation to a participating jurisdiction, means the day on which the amendments made by section 31 of the Early Childhood Legislation Amendment Act 2022 of Victoria comes into operation in that jurisdiction.\nDivision 8—Transitional provisions—Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023\n340—Transitional provision—approvals in principle—applications for service approval\n\t(a)\ta participating jurisdiction declares that section 49A applies to, and in relation to, that jurisdiction; and\n\t(b)\tbefore, 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\t(c)\tbefore the commencement day, a permit or approval under a Part 4 planning law or Part 4 building law was issued for the premises.\n\t(2)\tDespite section 49A(2)—\n\t(a)\tthe applicant for the service approval is not required to be an approval in principle holder for the premises; and\n\t(b)\tthe 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\t(3)\tIn 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.\nSchedule 1—Miscellaneous provision relating to interpretation\n(section 6)\n1—Displacement of Schedule by contrary intention\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.\nPart 2—General\n2—Law to be construed not to exceed legislative power of Legislature\n\t(1)\tThis 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\t(2)\tIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction—\n\t(a)\tit is a valid provision to the extent to which it is not in excess of the power; and\n\t(b)\tthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n\t(3)\tThis clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n3—Every section to be a substantive enactment\nEvery section of this Law has effect as a substantive enactment without introductory words.\n4—Material that is, and is not, part of this Law\n\t(1)\tThe heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\n\t(2)\tA Schedule to this Law is part of this Law.\n\t(3)\tPunctuation in this Law is part of this Law.\n\t(4)\tA heading to a section or subsection of this Law does not form part of this Law.\n\t(5)\tNotes included in this Law (including footnotes and endnotes) do not form part of this Law.\n5—References to particular Acts and to enactments\nIn this Law—\n\t(a)\tan Act of this jurisdiction may be cited—\n\t(ii)\tby reference to the year in which it was passed and its number; and\n\t(b)\ta Commonwealth Act may be cited—\n\t(ii)\tin another way sufficient in a Commonwealth Act for the citation of such an Act;\ntogether with a reference to the Commonwealth; and\n\t(c)\tan Act of another jurisdiction may be cited—\n\t(ii)\tin another way sufficient in an Act of the jurisdiction for the citation of such an Act,\ntogether with a reference to the jurisdiction.\n6—References taken to be included in Act or Law citation etc\n\t(1)\tA reference in this Law to an Act includes a reference to—\n\t(a)\tthe Act as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif 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\t(2)\tA reference in this Law to a provision of this Law or of an Act includes a reference to—\n\t(a)\tthe provision as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif 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\t(3)\tSubclauses (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.\n7—Interpretation best achieving Law's purpose\n\t(1)\tIn 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\t(2)\tSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n8—Use of extrinsic material in interpretation\n\t(1)\tIn this clause—\nextrinsic material means relevant material not forming part of this Law, including, for example—\n\t(a)\tmaterial that is set out in the document containing the text of this Law as printed by the Government Printer; and\n\t(b)\ta 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\t(c)\ta relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\n\t(d)\ta treaty or other international agreement that is mentioned in this Law; and\n\t(e)\tan 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\t(f)\tthe 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\t(g)\tmaterial 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\t(h)\ta 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.\n\t(2)\tSubject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation—\n\t(a)\tif the provision is ambiguous or obscure—to provide an interpretation of it; or\n\t(b)\tif 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\t(c)\tin any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\t(3)\tIn determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to—\n\t(a)\tthe desirability of a provision being interpreted as having its ordinary meaning; and\n\t(b)\tthe undesirability of prolonging proceedings without compensating advantage; and\n\t(c)\tother relevant matters.\n9—Effect of change of drafting practice and use of examples\nIf—\n\t(a)\ta provision of this Law expresses an idea in particular words; and\n\t(b)\ta provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example—\n\t(i)\tthe use of a clearer or simpler style; or\n\t(ii)\tthe use of gender‑neutral language;\nthe ideas must not be taken to be different merely because different words are used.\n10—Use of examples\nIf this Law includes an example of the operation of a provision—\n\t(a)\tthe example is not exhaustive; and\n\t(b)\tthe example does not limit, but may extend, the meaning of the provision; and\n\t(c)\tthe 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.\n11—Compliance with forms\n\t(1)\tIf 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\t(2)\tIf a form prescribed or approved by or for the purpose of this Law requires—\n\t(a)\tthe form to be completed in a specified way; or\n\t(b)\tspecified information or documents to be included in, attached to or given with the form; or\n\t(c)\tthe 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.\nPart 3—Terms and references\n12—Definitions\n\t(1)\tIn 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—\n\t(a)\tomit or omit and substitute; or\n\t(b)\talter or vary; or\n\t(c)\tamend 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—\n\t(a)\ta Saturday or Sunday; or\n\t(b)\ta 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—\n\t(a)\timmediately before the beginning of the corresponding day of the next named month; or\n\t(b)\tif 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—\n\t(a)\ta federation; or\n\t(b)\ta 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—\n\t(a)\tgives a meaning to a word or expression; or\n\t(b)\tlimits or extends the meaning of a word or expression;\ndocument includes—\n\t(a)\tany paper or other material on which there is writing; or\n\t(b)\tany 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\t(c)\tany 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—\n\t(a)\ta communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\n\t(b)\ta 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—\n\t(a)\ta legal or equitable estate in the land or other property; or\n\t(b)\ta 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 of the Commonwealth;\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—\n\t(a)\ta number expressed in figures or words; or\n\t(b)\ta letter; or\n\t(c)\ta 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—\n\t(a)\ta Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Law or the Act; or\n\t(b)\ta section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; or\n\t(c)\tthe long title and any preamble to the Act;\nrecord includes information stored or recorded by means of a computer;\nrepeal includes—\n\t(a)\trevoke or rescind; or\n\t(b)\trepeal by implication; or\n\t(c)\tabrogate or limit the effect of this Law or instrument concerned; or\n\t(d)\texclude 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.\n\t(2)\tIn a statutory instrument—\nthe Law means this Law.\n13—Provisions relating to defined terms and gender and number\n\t(1)\tIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n\t(2)\tDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n\t(3)\tIn this Law, words indicating a gender include each other gender.\n\t(4)\tIn this Law—\n\t(a)\twords in the singular include the plural; and\n\t(b)\twords in the plural include the singular.\n14—Meaning of \"may\" and \"must\" etc\n\t(1)\tIn 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\t(2)\tIn 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\t(3)\tThis clause has effect despite any rule of construction to the contrary.\n15—Words and expressions used in statutory instruments\n\t(1)\tWords 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\t(2)\tThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n16—Effect of express references to bodies corporate and individuals\nIn this Law, a reference to a person generally (whether the expression \"person\", \"party\", \"someone\", \"anyone\", \"no‑one\", \"one\", \"another\" or \"whoever\" or another expression is used)—\n\t(a)\tdoes 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\t(b)\tdoes 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).\n17—Production of records kept in computers etc\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—\n\t(a)\tto produce the information or a document containing the information to a court, tribunal or person; or\n\t(b)\tto make a document containing the information available for inspection by a court, tribunal or person,\nthen, unless the court, tribunal or person otherwise directs—\n\t(c)\tthe 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\t(d)\tthe production to the court, tribunal or person of the document in that form complies with the requirement.\n18—References to this jurisdiction to be implied\nIn this Law—\n\t(a)\ta 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\t(b)\ta 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.\n19—References to officers and holders of offices\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.\n20—Reference to certain provisions of Law\nIf a provision of this Law refers—\n\t(a)\tto 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\t(b)\tto 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\t(c)\tto a Division, Subdivision, subsection, paragraph, subparagraph, subsubparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—\n\t(i)\tthe Division, designated by the number, of the Part in which the reference occurs; and\n\t(ii)\tthe Subdivision, designated by the number, of the Division in which the reference occurs; and\n\t(iii)\tthe subsection, designated by the number, of the section in which the reference occurs; and\n\t(iv)\tthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n\t(v)\tthe 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\t(vi)\tthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n\t(vii)\tthe subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n\t(viii)\tthe section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,\n21—Reference to provisions of this Law or an Act is inclusive\nIn this Law, a reference to a portion of this Law or an Act includes—\n\t(a)\ta 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\t(b)\ta 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 9.\nIt is not necessary to refer to \"sections 5 to 9 (both inclusive)\" to ensure that the reference is given an inclusive interpretation.\nPart 4—Functions and powers\n22—Performance of statutory functions\n\t(1)\tIf 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\t(2)\tIf 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\t(3)\tIf 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.\n23—Power to make instrument or decision includes power to amend or repeal\nIf this Law authorises or requires the making of an instrument or decision—\n\t(a)\tthe power includes power to amend or repeal the instrument or decision; and\n\t(b)\tthe 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.\n24—Matters for which statutory instruments may make provision\n\t(1)\tIf this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—\n\t(a)\tan Act or statutory instrument; or\n\t(b)\tanother document (whether of the same or a different kind),\nas in force at a particular time or as in force from time to time.\n\t(2)\tIf 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\t(3)\tA statutory instrument may—\n\t(a)\tapply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\n\t(b)\tapply generally to all persons, matters or things or be limited in its application to—\n\t(i)\tparticular persons, matters or things; or\n\t(ii)\tparticular classes of persons, matters or things; or\n\t(c)\totherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n\t(4)\tA statutory instrument may—\n\t(a)\tapply differently according to different specified factors; or\n\t(b)\totherwise make different provision in relation to—\n\t(i)\tdifferent persons, matters or things; or\n\t(ii)\tdifferent classes of persons, matters or things.\n\t(5)\tA 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\t(6)\tIf 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\t(7)\tIf 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\t(8)\tA 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\t(9)\tA 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.\n25—Presumption of validity and power to make\n\t(1)\tAll 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\t(2)\tA 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.\n26—Appointments may be made by name or office\n\t(1)\tIf this Law authorises or requires a person or body—\n\t(a)\tto appoint a person to an office; or\n\t(b)\tto appoint a person or body to exercise a power; or\n\t(c)\tto appoint a person or body to do another thing,\nthe person or body may make the appointment by—\n\t(d)\tappointing a person or body by name; or\n\t(e)\tappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\t(2)\tAn 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.\n27—Acting appointments\n\t(1)\tIf this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—\n\t(a)\ta person by name; or\n\t(b)\ta particular officer, or the holder of a particular office, by reference to the title of the office concerned,\nto act in the office.\n\t(2)\tThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n\t(3)\tThe appointer may—\n\t(a)\tdetermine the terms and conditions of the appointment, including remuneration and allowances; and\n\t(b)\tterminate the appointment at any time.\n\t(4)\tThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n\t(5)\tThe appointee must not act for more than 1 year during a vacancy in the office.\n\t(6)\tIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—\n\t(a)\tthe appointer otherwise directs; or\n\t(b)\tthe vacancy is filled; or\n\t(c)\tthe end of a year from the day of the vacancy,\nwhichever happens first.\n\t(7)\tThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n\t(8)\tWhile the appointee is acting in the office—\n\t(a)\tthe appointee has all the powers and functions of the holder of the office; and\n\t(b)\tthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\n\t(9)\tAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\n\t(a)\tthe occasion for the appointment had not arisen; or\n\t(b)\tthe appointment had ceased to have effect; or\n\t(c)\tthe occasion for the person to act had not arisen or had ceased.\n\t(10)\tIf 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.\n28—Powers of appointment imply certain incidental powers\n\t(1)\tIf this Law authorises or requires a person or body to appoint a person to an office—\n\t(a)\tthe power may be exercised from time to time as occasion requires; and\n\t(b)\tthe power includes—\n\t(i)\tpower to remove or suspend, at any time, a person appointed to the office; and\n\t(ii)\tpower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n\t(iii)\tpower to reinstate or reappoint a person removed or suspended; and\n\t(iv)\tpower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n\t(v)\tpower 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\t(2)\tThe 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\t(3)\tThe power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n\t(4)\tAn appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n29—Delegation of functions\n\t(1)\tIf this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—\n\t(a)\ta person or body by name; or\n\t(b)\ta specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n\t(2)\tThe delegation may be—\n\t(a)\tgeneral or limited; and\n\t(b)\tmade from time to time; and\n\t(c)\trevoked, wholly or partly, by the delegator.\n\t(3)\tThe 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\t(4)\tA delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n\t(5)\tThe delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\n\t(6)\tA 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\t(7)\tA delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n\t(8)\tIf, 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\t(9)\tIf—\n\t(a)\tthe delegator is a specified officer or the holder of a specified office; and\n\t(b)\tthe 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\t(c)\tthe delegation continues in force; and\n\t(d)\tthe 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\t(10)\tIf—\n\t(a)\tthe delegator is a body; and\n\t(b)\tthere is a change in the membership of the body,\n\t(c)\tthe delegation continues in force; and\n\t(d)\tthe body as constituted for the time being is taken to be the delegator for the purposes of this clause.\n\t(11)\tIf a function is delegated to a specified officer or the holder of a specified office—\n\t(a)\tthe 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\t(b)\tthe function may be exercised by the person for the time being occupying or acting in the office concerned.\n\t(12)\tA function that has been delegated may, despite the delegation, be exercised by the delegator.\n\t(13)\tThe delegation of a function does not relieve the delegator of the delegator's obligation to ensure that the function is properly exercised.\n\t(14)\tSubject 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\t(15)\tIf this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n30—Exercise of powers between enactment and commencement\n\t(1)\tIf a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything 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.\n\t(2)\tIf an instrument, or a provision of an instrument, is made under subclause (1) that is necessary for the purpose of—\n\t(a)\tenabling the exercise of a power mentioned in the subclause; or\n\t(b)\tbringing an appointment, instrument or other thing made or done under such a power into effect,\nthe instrument or provision takes effect—\n\t(c)\ton the making of the instrument; or\n\t(d)\ton 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\t(3)\tIf—\n\t(a)\tan appointment is made under subclause (1); or\n\t(b)\tan instrument, or a provision of an instrument, made under subclause (1) is not necessary for a purpose mentioned in subclause (2),\nthe appointment, instrument or provision takes effect—\n\t(c)\ton the commencement of the relevant empowering provision; or\n\t(d)\ton 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\t(4)\tAnything done under subclause (1) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n\t(5)\tIn 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.\nPart 5—Distance, time and age\n31—Matters relating to distance, time and age\n\t(1)\tIn 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\t(2)\tIf a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—\n\t(a)\tif 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\t(b)\tin any other case—by including the day on which the purpose is to be fulfilled.\n\t(3)\tIf 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\t(4)\tIf 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\t(5)\tIf 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\t(6)\tIf, 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\t(7)\tFor the purposes of this Law, a person attains an age in years at the beginning of the person's birthday for the age.\nPart 6—Effect of repeal, amendment or expiration\n32—Time of Law ceasing to have effect\nIf a provision of this Law is expressed—\n\t(a)\tto expire on a specified day; or\n\t(b)\tto 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.\n33—Repealed Law provisions not revived\nIf a provision of this Law is repealed or amended by an Act, or a provision of an Act, the provision is not revived merely because the Act or the provision of the Act—\n\t(a)\tis later repealed or amended; or\n\t(b)\tlater expires.\n34—Saving of operation of repealed Law provisions\n\t(1)\tThe repeal, amendment or expiry of a provision of this Law does not—\n\t(a)\trevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n\t(b)\taffect the previous operation of the provision or anything suffered, done or begun under the provision; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the provision; or\n\t(d)\taffect a penalty incurred in relation to an offence arising under the provision; or\n\t(e)\taffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n\t(2)\tAny 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.\n35—Continuance of repealed provisions\nIf an 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.\n36—Law and amending Acts to be read as one\nThis Law and all Acts amending this Law are to be read as one.\nPart 7—Instruments under Law\n37—Schedule applies to statutory instruments\n\t(1)\tThis 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\t(2)\tThe 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.\nPart 8—Application to coastal sea\n38—Application\nThis Law has effect in and relation to the coastal sea of this jurisdiction as if that coastal sea were part of this jurisdiction.\n","sortOrder":31},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Powers of entry by search warrant","content":"Schedule 2—Powers of entry by search warrant\n1—Application for warrant\n\t(1)\tAn authorised officer may apply to a magistrate of a participating jurisdiction for a search warrant in relation to premises if the officer believes on reasonable grounds that—\n\t(a)\ta person is or has been operating an education and care service at the premises in contravention of this Law; or\n\t(b)\tdocuments or other evidence relevant to the possible commission of an offence against this Law are present at the premises.\n\t(2)\tThe authorised officer must prepare a written application that states the grounds on which the warrant is sought.\n\t(3)\tThe written application must be sworn.\n\t(4)\tThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\n2—Issue of warrant\n\t(1)\tThe magistrate may issue the warrant in respect of premises only if the magistrate is satisfied there are reasonable grounds to believe that—\n\t(a)\ta person is operating an education and care service at the premises in contravention of this Law; or\n\t(b)\tdocuments or other evidence relevant to the possible commission of an offence against this Law are present at the premises.\n\t(2)\tThe warrant must state—\n\t(a)\tthat a stated authorised officer may, with necessary and reasonable help and force—\n\t(i)\tenter the premises and any other premises necessary for entry; and\n\t(ii)\texercise the authorised officer's powers under this Schedule; and\n\t(b)\tthe matter for which the warrant is sought; and\n\t(c)\tthe evidence that may be seized under the warrant; and\n\t(d)\tthe hours of the day or night when the premises may be entered; and\n\t(e)\tthe date, within 14 days after the warrant's issue, the warrant ends.\n3—Application by electronic communication\n\t(1)\tAn authorised officer may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the authorised officer considers it necessary because of—\n\t(a)\turgent circumstances; or\n\t(b)\tother special circumstances, including the authorised officer's remote location.\n\t(2)\tThe application—\n\t(a)\tmay not be made before the authorised officer prepares the written application under clause 1(2); but\n\t(b)\tmay be made before the written application is sworn.\n\t(3)\tThe magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—\n\t(a)\tit was necessary to make the application under subclause (1); and\n\t(b)\tthe way the application was made under subclause (1) was appropriate.\n\t(4)\tAfter the magistrate issues the original warrant—\n\t(a)\tif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\n\t(b)\totherwise—\n\t(i)\tthe magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and\n\t(ii)\tthe authorised officer must complete a form of warrant including by writing on it—\n\t(A)\tthe magistrate's name; and\n\t(B)\tthe date and time the magistrate issued the warrant; and\n\t(C)\tthe other terms of the warrant.\n\t(5)\tThe copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.\n\t(6)\tThe authorised officer must, at the first reasonable opportunity, send to the magistrate—\n\t(a)\tthe written application complying with clause 1(2) and (3); and\n\t(b)\tif the authorised officer completed a form of warrant under subclause (4)(b), the completed form of warrant.\n\t(7)\tThe magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court.\n\t(8)\tDespite subclause (5), if—\n\t(a)\tan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and\n\t(b)\tthe original warrant is not produced in evidence,\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n\t(9)\tThis clause does not limit clause 1.\n4—Procedure before entry under warrant\n\t(1)\tBefore entering premises under a warrant, an authorised officer must do or make a reasonable attempt to do the following:\n\t(a)\tidentify himself or herself to a person present at the premises who is an occupier of the premises by producing the authorised officer's identity card;\n\t(b)\tgive the person a copy of the warrant;\n\t(c)\ttell the person the authorised officer is permitted by the warrant to enter the premises;\n\t(d)\tgive the person an opportunity to allow the authorised officer immediate entry to the premises without using force.\n\t(2)\tHowever, the authorised officer need not comply with subclause (1) if the authorised officer reasonably believes that immediate entry to the premises is required to ensure the effective execution of the warrant is not frustrated.\n5—Powers after entering premises\n\t(1)\tThis clause applies if an authorised officer enters premises under clause 4.\n\t(2)\tThe authorised officer may for the purposes of the investigation do the following:\n\t(b)\tinspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises;\n\t(e)\ttake into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this Schedule;\n\t(f)\trequire the occupier of the premises, or a person at the premises, to give the authorised officer reasonable help to exercise the authorised officer's powers under paragraphs (a) to (e);\n\t(g)\trequire 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.\nSchedule 2—Modifications to Education and Care Services National Law (South Australia) for purposes of Part 3\n1—Interpretation\nIn this Schedule—\nnational regulations has the same meaning as in the Education and Care Services National Law (South Australia);\nresidual early childhood service has the same meaning as in section 16.\n2—Exclusion of certain provisions\n\t(1)\tThe following provisions of the Education and Care Services National Law (South Australia) do not apply to, or in relation to, a residual early childhood service:\n\t(a)\tsection 42;\n\t(b)\tPart 3 Divisions 5 to 8 (inclusive);\n\t(d)\tPart 5;\n\t(e)\tsections 168 and 169;\n\t(f)\tsection 198;\n\t(g)\tPart 10;\n\t(h)\tPart 11;\n\t(i)\tsection 266;\n\t(j)\tPart 14 Divisions 1, 2 and 8;\n\t(k)\tPart 15 (other than sections 314 and 322).\n\t(2)\tA provision of the Education and Care Services National Law (South Australia), to the extent that it applies to an associated children's service (within the meaning of that Law), does not apply to, or in relation to, a residual early childhood service.\n\t(3)\tA provision of the Education and Care Services National Law (South Australia), to the extent that it relates to rating an education and care service (including a provisional rating), does not apply to, or in relation to, a residual early childhood service.\n\t(4)\tA provision of the Education and Care Services National Law (South Australia), to the extent that it imposes a fee (however described), does not apply to, or in relation to, a residual early childhood service.\n3—Certain provisions to apply as modified\n\t(1)\tThe following provisions of the Education and Care Services National Law (South Australia) apply to, or in relation to, a residual early childhood service as modified by this clause:\n\t(a)\tSection 5(1), definition of national education and care services quality framework, (d)—delete paragraph (d)\n\t(b)\tSection 19(1)—delete \"that are prescribed in the national regulations or\"\n\t(c)\tSection 47(1)(a) and (g)—delete paragraphs (a) and (g)\n\t(d)\tSection 51(5)—delete \"in the national regulations\" and substitute:\nby the regulations\n\t(g)\tSection 172(1)(e) and (f)—delete paragraphs (e) and (f)\n\t(h)\tSection 175(1)—delete \"the prescribed documents\" and substitute:\nthe documents specified by the regulations\n\t(i)\tSection 260(e)—delete paragraph (e)\n\t(j)\tSection 261(2)(d) and (f)—delete paragraphs (d) and (f)\n\t(l)\tSection 270(1)—delete \"National Authority and the\"\n\t(m)\tSection 270(2)—delete \"National Authority\" and substitute:\nRegulatory Authority\n\t(n)\tSection 270(2)(b)—delete paragraph (b)\n\t(o)\tSection 270(4)—delete subsection (4)\n\t(p)\tSection 273(2)(f)—delete paragraph (f)\n\t(q)\tSection 314(1)—delete \"section 306\" and substitute:\nclause 29 of Schedule 3 of the Education and Early Childhood Services (Registration and Standards) Act 2011\n\t(r)\tSection 314(2)—delete \"section 307(1)\" and substitute:\nclause 30 of Schedule 3 of the Education and Early Childhood Services (Registration and Standards) Act 2011\n\t(2)\tA reference in the Education and Care Services National Law (South Australia) to the National Quality Standard will, to the extent that it applies to, or in relation to, a residual early childhood service, be taken to be a reference to the standard prescribed by the regulations for the purposes of this subclause.\n\t(3)\tA reference in the Education and Care Services National Law (South Australia) to a prescribed element or elements of the National Quality Standard will be taken to be a reference to the corresponding provision (if any) of the standard applying to, or in relation to, residual early childhood services pursuant to subclause (2).\n\t(4)\tA reference in the Education and Care Services National Law (South Australia) to a service waiver or temporary waiver will be taken to be a reference to an exemption under section 17 of this Act.\n4—National regulations not to apply\n\t(1)\tThe national regulations do not apply to, or in relation to, a residual early childhood service.\n\t(2)\tA reference in the Education and Care Services National Law (South Australia) to the national regulations will be taken to be a reference to regulations made by the Governor under this Act.\nSchedule 3—Transitional provisions\nPart 14—Transitional provisions\nDivision 1—Transitional provisions related to Part 3 of Act (residual early childhood services)\n28—Interpretation\nresidual early childhood service has the same meaning as in section 16 of this Act.\n29—Certain persons etc taken to be approved providers\nThe following persons or bodies will be taken to be approved providers for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services:\n\t(a)\tthe administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985;\n\t(b)\ta person or body who, immediately before the scheme commencement day, held a licence to conduct or control a child care centre under the Children's Services Act 1985;\n\t(c)\ta person or body who, immediately before the scheme commencement day, held a licence to carry on the business of a baby sitting agency under the Children's Services Act 1985;\n\t(d)\ta person or body who, immediately before the scheme commencement day, operated an out of school hours care service that was registered with the National Childcare Accreditation Council of Australia;\n\t(e)\ta person or body who, immediately before the scheme commencement day, operated a pre‑school education service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972;\n\t(f)\ta person or body who, immediately before the scheme commencement day, operated an out of school hours care service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972;\n\t(g)\tany other person or body declared by the regulations to be included in the ambit of this clause.\n30—Certain residual early childhood services taken to hold service approval\n\t(1)\tThe following residual early childhood services will be taken to hold a service approval for that service for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services:\n\t(a)\ta rural and mobile care service (however described) provided immediately before the scheme commencement day—\n\t(i)\tby the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985; or\n\t(ii)\tthat was wholly or partly funded by the Commonwealth Government through its Budget Based Funding program;\n\t(b)\tan occasional care service (however described) provided immediately before the scheme commencement day by the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985;\n\t(c)\tan occasional care service (however described) provided immediately before the scheme commencement day pursuant to a licence under the Children's Services Act 1985;\n\t(d)\tan in‑home care service (however described) provided immediately before the scheme commencement day by, or on behalf of, a baby‑sitting agency licensed under Part 3 Division 2 of the Children's Services Act 1985;\n\t(e)\tany other service declared by the regulations to be included in the ambit of this clause.\n\t(2)\tIn this section, in‑home care service, occasional care service and rural and mobile care service have the same meanings as in section 4 of this Act.\n31—Certain persons taken to be certified supervisors\n\t(1)\tThe following persons will be taken to be certified supervisors for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services:\n\t(a)\ta natural person who was, immediately before the scheme commencement day and in accordance with regulation 18(1) of the Children's Services (Child Care Centre) Regulations 1998, a manager of a child care centre;\n\t(b)\ta person who was, immediately before the scheme commencement day, a qualified contact staff member (within the meaning of the Children's Services (Child Care Centre) Regulations 1998) in relation to a child care centre;\n\t(c)\tan approved provider under the Education and Care Services National Law (South Australia) or under a corresponding law;\n\t(d)\ta person who holds a supervisor certificate under the Education and Care Services National Law (South Australia) or under a corresponding law;\n\t(e)\ta teacher who was, at any time in the 2 years immediately preceding the scheme commencement day, employed in relation to the provision of an education and care service of a kind contemplated by clause 30;\n\t(f)\tany other person, or class of person, declared by the regulations to be included within the ambit of this subsection.\n\t(2)\tIn this clause—\ncorresponding law means a law of another State or Territory that applies in that jurisdiction the Education and Care Services National Law, as in force from time to time, set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria.\n32—Certain persons taken to be nominated supervisors\nA person authorised in writing by the Minister for the purposes of this clause will be taken to be a nominated supervisor for the purposes of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services.\nDivision 2—Transitional provisions related to Part 5 of Act (registration of schools)\n33—Government schools taken to be registered under Part 5 Division 2 of Act\n\t(1)\tSubject to this Act, each Government school at which education services were being provided, or at which students were enrolled, immediately before the commencement of this clause will be taken to be registered under Part 5 Division 2 of this Act.\n\t(2)\tSubject to this Act, the registration of each Government school will be taken to be endorsed under section 49 of this Act if that school was, immediately before the commencement of this clause, authorised by the Department (within the meaning of the Education Act 1972) to enrol full fee paying overseas students.\n\t(3)\tSubject to this Act, the endorsement of registration of a Government school pursuant to this clause will be taken to be subject to any condition that applied in relation to the authorisation to enrol full fee paying overseas students immediately before the commencement of this clause.\n34—Certain non‑Government schools taken to be registered under Part 5 Division 2 of Act\n\t(1)\tSubject to this Act, each non‑Government school that was registered under Part 5 of the Education Act 1972 (as in force immediately before the commencement of this clause) and at which education services were being provided, or at which students were enrolled, immediately before the commencement of this clause will be taken to be registered under Part 5 Division 2 of this Act.\n\t(2)\tIf the registration of a non‑Government school was, immediately before the commencement of this clause, endorsed with an approval to enrol full fee paying overseas students under the Education Act 1972, then the registration of the school pursuant to this clause will, subject to this Act, be taken to be endorsed under section 49.\n\t(3)\tSubject to this Act, the registration, or endorsement of registration, of a non‑Government school pursuant to this clause will be taken to be subject to any condition that applied in relation to the registration, or endorsement of registration, of the school under the Education Act 1972 immediately before the commencement of this clause.\n35—Exemptions\nAn exemption under section 81A of the Education Act 1972 in force immediately before the commencement of this clause and relating to a provision of that Act repealed by Part 6 of this Schedule—\n\t(a)\twill be taken to be an exemption under section 74 of this Act; and\n\t(b)\twill continue in force according to its terms.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Education and Early Childhood Services (Registration and Standards) Act 2011 amended the following:\nChild Sex Offenders Registration Act 2006\nChildren's Protection Act 1993\nChildren's Services Act 1985\nCriminal Law Consolidation Act 1935\nEducation Act 1972\nIntervention Orders (Prevention of Abuse) Act 2009\nLocal Government Act 1999\nSACE Board of South Australia Act 1983\nSewerage Act 1929\nSummary Offences Act 1953\nTeachers Registration and Standards Act 2004\nTechnical and Further Education Act 1975\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Education and Early Childhood Services (Registration and Standards) Act 2011\n8.12.2011\n1.1.2012 (Gazette 15.12.2011 p4986)\n Statutes Amendment (Budget 2016) Act 2016\nPt 4 (s 61)—8.12.2016: s 2(1)\n(271)\n Education and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2017 (Gazette 12.9.2017 p4006)\n—\n1.10.2017: r 2\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 13 (ss 67 to 73)—1.7.2019 (Gazette 17.1.2019 p93)\n Education and Children's Services Act 2019\n8.8.2019\nSch 1 (cll 5 to 9 & 39)—1.7.2020 (Gazette 11.6.2020 p3305)\n(72)\nEducation and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2022 (Gazette 25.8.2022 p2634)\n—\n30.3.2022: r 2\n(60)\nEducation and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2023 (Gazette 29.6.2023 p2048)\n—\n1.7.2023 except Pt 2 Div 2—1.10.2023: r 2\nStatutes Amendment (Education, Training and Skills Portfolio) Act 2023\n13.7.2023\nPt 3 (s 5)—1.9.2023 (Gazette 31.8.2023 p3131)\n(53)\nEducation and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2024 (Gazette 20.6.2024 p1823)\n—\n22.11.2023: r 2\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cl 17)—uncommenced\n(130)\nEducation and Early Childhood Services (Registration and Standards) (Amendment of Schedule 2 of Act) Regulations 2025 (Gazette 27.11.2025 p4650)\n—\n1.12.2025: r 2\n(150)\nEducation and Early Childhood Services (Registration and Standards) (Amendment of Education and Care Services National Law Text) Regulations 2025 (Gazette 18.12.2025 p4982)\n—\n10.12.2025: r 2(1) except r 7—18.12.2025 and except Pt 2 Div 2—2.1.2026 and except Pt 2 Div 3—27.2.2026\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nChief Executive\ninserted by 19/2019 Sch 1 cl 5(1)\nDirector-General\ndeleted by 19/2019 Sch 1 cl 5(2)\nprohibited person\ninserted by 64/2017 s 67(1)\nworking with children check\ninserted by 64/2017 s 67(2)\ns 3(3)\namended by 57/2016 s 61\ns 8\n\ns 8(1)\namended by 19/2019 Sch 1 cl 6\nPt 2\n\ns 13\n\ns 13(1)\namended by 64/2017 s 68(1)\nchild protection law\namended by 25/2025 Sch 2 cl 17\nuncommenced—not incorporated\ns 13(2)\namended by 19/2019 Sch 1 cl 7(1)\ns 13(4)\namended by 19/2019 Sch 1 cl 7(2)\ns 13(10)\namended by 64/2017 s 68(2)\ns 13A\ninserted by 64/2017 s 69\nPt 4\n\ns 22\n\ns 22(2)\namended by 19/2019 Sch 1 cl 8\ns 22(2a)\ninserted by 64/2017 s 70\ns 22(10)\ninserted by 23/2023 s 5\n1.9.2023\ns 23\n\ns 23(3)\namended by 64/2017 s 71(1)\ns 23(4)\namended by 64/2017 s 71(2)\ns 27\n\ns 27(2a)\ninserted by 64/2017 s 72\ns 28\n\ns 28(1a)\ninserted by 64/2017 s 73\ns 28(5)\namended by 19/2019 Sch 1 cl 9\nSch 1\n\nPt 1\n\ns 2A\ninserted by 150/2025 r 63\ns 3\n\ns 3(3)\namended by 150/2025 r 64\ns 5\n\ns 5(1)\n\napproval in principle\napproval in principle criteria\napproval in principle holder\napproved family day care venue\nsubstituted by 271/2017 r 5(b)\ncertified supervisor\ndeleted by 271/2017 r 5(h)\neducation and care related work\ninserted by 150/2025 r 5(1)\nexcursion\ninserted by 150/2025 r 65(1)\nfamily day care educator assistant\nfamily day care service\nsubstituted by 271/2017 r 5(c)\nformer provider\ninserted by 150/2025 r 65(2)\nmandatory approval in principle jurisdiction\ninserted by 53/2024 r 5(2)\n22.1.2023\nMinisterial Council\nsubstituted by 271/2017 r 5(d)\n\nsubstituted by 72/2022 r 5\nNational Early Childhood Worker Register\ninserted by 150/2025 r 65(3)\nnominated supervisor\nsubstituted by 271/2017 r 5(e)\noffice\nsubstituted by 271/2017 r 5(f)\nPart 4 building\nPart 4 building law\nPart 4 jurisdiction\nPart 4 planning law\nperson in day‑to‑day charge\nperson with management or control\nsubstituted by 60/2023 r 5\nprohibition notice\n\namended by 150/2025 r 65(4)\nrecruitment agency\ninserted by 150/2025 r 5(2)\nrelated provider\ninserted by 150/2025 r 65(5)\nrelated provider determination\ninserted by 150/2025 r 65(5)\nserious incident\nstaff member\namended by 271/2017 r 5(g)\nsupervisor certificate\ndeleted by 271/2017 r 5(h)\nsystemic risk\ninserted by 150/2025 r 65(6)\ns 5A\ninserted by 60/2023 r 6\nss 5B—5D\ninserted by 150/2025 r 66\nPt 2\n\ns 13\n\ns 13(2)\namended by 271/2017 r 6(a), (b)\n\namended by 72/2022 r 6(a)—(c)\ns 13(2A)\ninserted by 150/2025 r 67(1)\ns 13(3)\namended by 150/2025 r 67(2)\ns 14\n\ns 14(1)\namended by 60/2023 r 7(1), (2)\ns 14(2)\namended by 271/2017 r 7\ns 14(3)\ninserted by 60/2023 r 7(3)\ns 15\n\ns 15(3)\namended by 72/2022 r 7\nnote\nsubstituted by 60/2023 r 8\ns 19\n\ns 19(4)\namended by 60/2023 r 14\n\namended by 150/2025 r 15\ns 23\n\ns 23(2A)\ninserted by 150/2025 r 68\ns 25\namended by 60/2023 r 9\ns 25(1)\ns 25 redesignated as s 25(1) by 150/2025 r 69\ns 25(2)\ninserted by 150/2025 r 69\ns 27\namended by 271/2017 r 8\n\namended by 150/2025 r 70\ns 31\namended by 60/2023 r 10\ns 31(1)\ns 31 redesignated as s 31(1) by 150/2025 r 71\ns 31(2)\ninserted by 150/2025 r 71\ns 36\n\ns 36(3)\namended by 60/2023 r 15\n\namended by 150/2025 r 16\ns 39\n\ns 39(2)\nsubstituted by 271/2017 r 9(1)\ns 39(3)\namended by 271/2017 r 9(2)\ns 41\n\ns 41(4)\namended by 271/2017 r 10\nPt 3\n\ns 43\n\nnote \ninserted by 53/2024 r 6\ns 43(2)\namended by 271/2017 r 11\ns 44\n\ns 44(1)\namended by 271/2017 r 12(1)\ns 44(3)\nsubstituted by 271/2017 r 12\ns 45\n\ns 45(1A)\ninserted by 150/2025 r 72(1)\ns 45(2)\namended by 150/2025 r 72(2)\ns 47\n\ns 47(1)\namended by 271/2017 r 13\n\namended by 53/2024 r 7\ns 47(2A)\ninserted by 150/2025 r 73\ns 49\n\ns 49(1A)\ninserted by 150/2025 r 74\ns 49(3) and (4)\ninserted by 53/2024 r 8\ns 49A\ninserted by 53/2024 r 9\ns 50A\ninserted by 271/2017 r 14\ns 51\n\ns 51(2)\nsubstituted by 271/2017 r 15(1)\ns 51(2A)\ninserted by 271/2017 r 15(1)\ns 51(3)\namended by 72/2022 r 8\ns 51(4A) and (4B)\ninserted by 271/2017 r 15(2)\ns 51(8)\namended by 60/2023 r 16\n\namended by 150/2025 r 17\ns 52\namended by 271/2017 r 16\ns 54\n\ns 54(1A)\ninserted by 271/2017 r 17(1)\ns 54(4)\namended by 271/2017 r 17(2)\ns 54(8)\nsubstituted by 271/2017 r 17(3)\ns 54(8A)\ninserted by 271/2017 r 17(3)\ns 55\n\ns 55(2A)\ninserted by 150/2025 r 75\ns 55A\ninserted by 271/2017 r 18\ns 56\nsubstituted by 271/2017 r 19\ns 56A\ninserted by 271/2017 r 20\ns 55A(1)\namended by 60/2023 r 11(1)\nexample\ninserted by 60/2023 r 11(2)\ns 59\n\ns 59(1)\namended by 60/2023 r 17(1)\ns 59(2)\namended by 60/2023 r 17(2)\ns 59A\ninserted by 60/2023 r 18\ns 62\n\ns 62(1)\namended by 72/2022 r 9\ns 62(3)\namended by 271/2017 r 21(1)\ns 62(5)\ninserted by 271/2017 r 21(2)\ns 66\n\namended by 60/2023 r 19(1)\ns 66(1)\namended by 60/2023 r 19(2)\ns 67A\ninserted by 60/2023 r 20\ns 68\n\ns 68(1)\namended by 60/2023 r 21\n\namended by 150/2025 r 18\ns 69\n\ns 69(1)\namended by 60/2023 r 22(1)\n\namended by 150/2025 r 19\ns 69(2)\namended by 60/2023 r 22(2)\ns 70\n\ns 70(1)\ns 70 redesignated as s 70(1) by 150/2025 r 76\ns 70(2)\ninserted by 150/2025 r 76\ns 72\namended by 271/2017 r 22\n\namended by 150/2025 r 77\ns 77\n\ns 77(1)\ns 77 redesignated as s 77(1) by 150/2025 r 78\ns 77(2)\ninserted by 150/2025 r 78\ns 84\n\ns 84(1)\namended by 271/2017 r 23\ns 84(3)\namended by 60/2023 r 23\n\namended by 150/2025 r 20\ns 87\n\ns 87(1)\nsubstituted by 60/2023 r 24\ns 87(1a)\ninserted by 60/2023 r 24\ns 89\n\ns 89(2)\ninserted by 271/2017 r 24\ns 90\nsubstituted by 60/2023 r 25\n\namended by 150/2025 r 79\ns 91\n\ns 91(4)\nsubstituted by 271/2017 r 25\ns 91(5)\ninserted by 271/2017 r 25\ns 91(6)\ninserted by 271/2017 r 25\n\namended by 60/2023 r 26\ns 93\nsubstituted by 60/2023 r 27\ns 94\nsubstituted by 60/2023 r 28\ns 96\n\ns 96(2)\ninserted by 271/2017 r 26\ns 98\n\ns 98(4)\nsubstituted by 271/2017 r 27\ns 98(5) and (6)\ninserted by 271/2017 r 27\ns 98(7)\ninserted by 271/2017 r 27\n\namended by 60/2023 r 29\ns 100\nsubstituted by 60/2023 r 30\ns 103\n\ns 103(1)\namended by 60/2023 r 31\n\namended by 150/2025 r 21\ns 103A\ninserted by 271/2017 r 28\n\namended by 60/2023 r 32\n\namended by 150/2025 r 22\ns 104\n\ns 104(1)\namended by 60/2023 r 33\n\namended by 150/2025 r 23\nPt 4\ndeleted by 271/2017 r 29\n\ninserted by 53/2024 r 10\nPt 5\n\ns 142\n\ns 142(4)\nsubstituted by 271/2017 r 30\ns 152\n\ns 152(5)\nsubstituted by 271/2017 r 31\ns 155\n\ns 155(5)\namended by 60/2023 r 12\ns 158\namended by 271/2017 r 32\nPt 6\n\ns 161\namended by 271/2017 r 33\n\namended by 60/2023 r 34\n\namended by 150/2025 r 24\ns 161A\ninserted by 271/2017 r 34\n\namended by 60/2023 r 35\n\namended by 150/2025 r 25\ns 162\n\ns 162(1)\namended by 271/2017 r 35\n\namended by 60/2023 r 36\n\namended by 150/2025 r 26\ns 162A\ninserted by 271/2017 r 36\n\nsubstituted by 60/2023 r 37\n\nsubstituted by 150/2025 r 80\ns 162B\ninserted by 150/2025 r 80\ns 163\n\ns 163(1)\namended by 271/2017 r 37\n\namended by 60/2023 r 38\n\namended by 150/2025 r 27\ns 164\n\ns 164(1)\namended by 271/2017 r 38\n\namended by 60/2023 r 39\n\namended by 150/2025 r 28\ns 164A\ninserted by 271/2017 r 39\ns 164A(1)\namended by 60/2023 r 40(1)\n\namended by 150/2025 r 29(1)\ns 164A(2)\namended by 60/2023 r 40(2)\n\namended by 150/2025 r 29(2)\ns 165\n\ns 165(1)\namended by 60/2023 r 41(1)\n\namended by 150/2025 r 30(1)\ns 165(2)\namended by 271/2017 r 40(1)\n\namended by 60/2023 r 41(2)\n\namended by 150/2025 r 30(2)\ns 165(3)\namended by 60/2023 r 41(3)\n\namended by 150/2025 r 30(3)\ns 166\n\ns 166(1)\namended by 60/2023 r 42(1)\n\namended by 150/2025 r 31(1)\ns 166(2)\namended by 271/2017 r 40(1)\n\namended by 60/2023 r 42(2)\n\namended by 150/2025 r 31(2)\ns 166(3)\namended by 60/2023 r 42(3)\n\namended by 150/2025 r 31(3)\ns 166(4)\namended by 60/2023 r 42(4)\n\namended by 150/2025 r 31(4)\ns 166A\ninserted by 150/2025 r 81\ns 167\n\ns 167(1)\namended by 60/2023 r 43(1)\n\namended by 150/2025 r 32(1)\ns 167(2)\namended by 60/2023 r 43(2)\n\namended by 150/2025 r 32(2)\ns 167(3)\namended by 60/2023 r 43(3)\n\namended by 150/2025 r 32(3)\ns 168\n\ns 168(1)\namended by 60/2023 r 44(1)\n\namended by 150/2025 r 33(1)\ns 168(2)\namended by 60/2023 r 44(2)\n\namended by 150/2025 r 33(2)\ns 169\n\ns 169(1)\namended by 60/2023 r 45(1)\n\namended by 150/2025 r 34(1)\ns 169(2)\namended by 60/2023 r 45(2)\n\namended by 150/2025 r 34(2)\ns 169(3)\namended by 60/2023 r 45(3)\n\namended by 150/2025 r 34(3)\ns 169(4)\namended by 60/2023 r 45(4)\n\namended by 150/2025 r 34(4)\ns 169(5)\namended by 60/2023 r 45(5)\n\namended by 150/2025 r 34(5)\ns 170\n\ns 170(2)\n\namended by 60/2023 r 46(1)\n\namended by 150/2025 r 35(1)\ns 170(3)\n\namended by 60/2023 r 46(2)\n\namended by 150/2025 r 35(2)\ns 170(4)\n\namended by 60/2023 r 46(3)\n\namended by 150/2025 r 35(3)\ns 170(5)\n\nauthorised person\ninserted by 271/2017 r 41(2)\nunauthorised person\ndeleted by 271/2017 r 41(2)\ns 171\n\ns 171(2)\namended by 60/2023 r 47\n\namended by 150/2025 r 36\ns 172\namended by 271/2017 r 42\n\namended by 60/2023 r 48(1)—(3)\ns 172(1)\ns 172 redesignated as s 172(1) by 60/2023 r 48(4)\n\namended by 150/2025 r 37(1)\ns 172(2)\ninserted by 60/2023 r 48(4)\n\namended by 150/2025 r 37(2)\ns 173\n\ns 173(1)\namended by 60/2023 r 49(1)\n\namended by 150/2025 r 38(1)\ns 173(1A)\ninserted by 150/2025 r 82(1)\ns 173(2)\namended by 271/2017 r 43(1)\n\namended by 60/2023 r 49(2)\n\namended by 150/2025 r 38(2)\ns 173(3)\nsubstituted by 271/2017 r 43(2)\n\namended by 150/2025 r 82(2)\ns 173(4)\nsubstituted by 271/2017 r 43(2)\ns 173(4A)\ninserted by 150/2025 r 82(3)\ns 173(5)\ninserted by 271/2017 r 43(2)\ns 174\n\ns 174(1)\namended by 60/2023 r 50(1)\n\namended by 150/2025 r 39(1)\ns 174(2)\namended by 271/2017 r 44(1)\n\namended by 60/2023 r 50(2)\n\namended by 150/2025 r 39(2)\ns 174(5)\ndeleted by 271/2017 r 44(2)\ns 174A\ninserted by 271/2017 r 45\n\namended by 60/2023 r 51\n\namended by 150/2025 r 40\ns 175\n\ns 175(1)\namended by 60/2023 r 52(1)\n\namended by 150/2025 r 41(1)\ns 175(3)\namended by 60/2023 r 52(2)\n\namended by 150/2025 r 41(2)\nPt 6A\ninserted by 150/2025 r 83\nPt 7\n\nPt 7 Div 1\n\ns 176\n\ns 176(2A)\ninserted by 150/2025 r 84(1)\ns 176(3)\namended by 60/2023 r 53\n\namended by 150/2025 r 42\n\namended by 150/2025 r 84(2)\ns 177\n\ns 177(2A)\ninserted by 150/2025 r 85(1)\ns 177(3)\namended by 60/2023 r 54\n\namended by 150/2025 r 43\n\namended by 150/2025 r 85(2)\ns 178\n\ns 178(1)\namended by 271/2017 r 40(2)\ns 178(7)\namended by 60/2023 r 55\n\namended by 150/2025 r 44\nss 178A—178E\ninserted by 150/2025 r 86\ns 179\n\ns 179(3)\namended by 60/2023 r 56\n\namended by 150/2025 r 45\nPt 7 Div 2\nsubstituted by 271/2017 r 46\ns 179A\n\ns 179A(2A)\ninserted by 150/2025 r 87\ns 179B\n\ns 179B(1)\namended by 150/2025 r 88\ns 180\n\ns 180(1A)\ninserted by 150/2025 r 89\ns 181\n\ns 181(3A)\ninserted by 150/2025 r 90(1)\ns 181(6)\namended by 150/2025 r 90(2)\nPt 7 Div 3\n\ns 182\n\namended by 271/2017 r 47(3)\ns 182(2)\namended by 271/2017 r 47(1)\ns 182(3)\ninserted by 271/2017 r 47(2)\ns 182(4)\ninserted by 150/2025 r 91\ns 184\n\namended by 271/2017 r 48(2)\ns 184(3)\ninserted by 271/2017 r 48(1)\ns 185\nsubstituted by 271/2017 r 49\ns 185(1)\namended by 150/2025 r 92(1)\ns 185(3)\namended by 150/2025 r 92(2)\ns 186\n\ns 186(4A)\ninserted by 271/2017 r 50\ns 187\n\ns 187(1)\namended by 271/2017 r 51(1)\n\namended by 60/2023 r 57(1)\n\namended by 150/2025 r 46(1)\n\namended by 150/2025 r 93\ns 187(2)\ninserted by 271/2017 r 51(2)\n\namended by 60/2023 r 57(2)\n\namended by 150/2025 r 46(2)\ns 188\n\ns 188(1)\namended by 271/2017 r 52(1)\n\namended by 60/2023 r 58(1)\n\namended by 150/2025 r 47(1)\ns 188(2)\ninserted by 271/2017 r 52(2)\n\namended by 60/2023 r 58(2)\n\namended by 150/2025 r 47(2)\ns 188(3)\ninserted by 271/2017 r 52(2)\n\namended by 60/2023 r 58(3)\n\namended by 150/2025 r 47(3)\ns 188A\ninserted by 271/2017 r 53\n\namended by 60/2023 r 59\n\namended by 150/2025 r 48\namended by 150/2025 r 6\ns 188B\ninserted by 150/2025 r 7\n18.12.2025\nPt 8\n\ns 190\namended by 271/2017 r 54(1)\n\n(d)(iii) deleted by 271/2017 r 54(1)\n\namended by 53/2024 r 11\n\namended by 150/2025 r 94\ns 192\n(b)(v) deleted by 271/2017 r 54(2)\n\n(b)(vi) deleted by 150/2025 r 95\nPt 9\n\ns 196\n\ns 196(3)\namended by 60/2023 r 60(1)\n\namended by 150/2025 r 49(1)\ns 196(5)\namended by 60/2023 r 60(2)\n\namended by 150/2025 r 49(2)\ns 197\n\ns 197(3)\namended by 72/2022 r 10\ns 197A\ninserted by 150/2025 r 96\ns 199\n\ns 199(2)\namended by 150/2025 r 97(1)\ns 199(4)\namended by 271/2017 r 55\ns 199(5)\ninserted by 150/2025 r 97(2)\ns 199A\ninserted by 150/2025 r 98\ns 200\n\ns 200(1)\namended by 271/2017 r 56\n\nsubstituted by 150/2025 r 99(1)\ns 200(4)\ninserted by 150/2025 r 99(2)\ns 200A\ninserted by 271/2017 r 57\ns 201\n\ns 201(3)\namended by 271/2017 r 58\ns 202\n\ns 202(1) and (3)\namended by 271/2017 r 59\ns 206\n\namended by 150/2025 r 8\ns 206(4)\namended by 271/2017 r 54(3)\ns 206A\ninserted by 150/2025 r 9\ns 206B\ninserted by 150/2025 r 100\ns 207\namended by 60/2023 r 61\n\namended by 150/2025 r 50\ns 208\namended by 60/2023 r 62\n\namended by 150/2025 r 51\ns 209\namended by 60/2023 r 63\n\namended by 150/2025 r 52\ns 210\namended by 60/2023 r 64\n\namended by 150/2025 r 53\ns 211\n\ns 211(2)\namended by 150/2025 r 101\ns 215\n\ns 215(6)\nsubstituted by 150/2025 r 10\nss 216A—216C\ninserted by 150/2025 r 102\ns 217\namended by 60/2023 r 65\n\namended by 150/2025 r 54\n\namended by 150/2025 r 103\ns 218\namended by 60/2023 r 66\n\namended by 150/2025 r 55\n\namended by 150/2025 r 104\ns 219\n\ns 219(1)\namended by 150/2025 r 105(1)\ns 219(4)\n\ndisclosed information\namended by 150/2025 r 105(2), (3)\nPt 11\n\ns 225\n\ns 225(1)\namended by 271/2017 r 60\n\namended by 150/2025 r 106\ns 249\n\ns 249(1)\namended by 271/2017 r 61\nPt 12\n\ns 261\n\ns 261(2)\namended by 271/2017 r 54(4)\n\namended by 150/2025 r 107\nPt 13\n\nPt 13 Div 2\n\ns 264\n\ns 264(2)\namended by 72/2022 r 11(a), (b)\nPt 13 Div 4\n\ns 266\n\ns 266(2)\namended by 150/2025 r 108\ns 268\ndeleted by 271/2017 r 62\ns 269\nsubstituted by 271/2017 r 63\ns 269(1)\namended by 60/2023 r 67(1)\n\namended by 150/2025 r 56(1)\ns 269(2)\namended by 60/2023 r 67(2)\n\namended by 150/2025 r 56(2)\ns 269(3)\namended by 60/2023 r 67(3)\n\namended by 150/2025 r 56(3)\ns 269(4)\ninserted by 60/2023 r 67(4)\n\namended by 150/2025 r 56(4)\nPt 13 Div 4A\ninserted by 150/2025 r 109\nPt 13 Div 5\n\ns 270\n\ns 270(1)\namended by 271/2017 r 64(1)\n\namended by 150/2025 r 110\ns 270(2)\namended by 271/2017 r 64(2)\ns 270(5)\namended by 271/2017 r 64(3)\ns 270(6)\namended by 271/2017 r 64(4)\nPt 13 Div 6\n\ns 271\nsubstituted by 271/2017 r 65\ns 271(3A)\ninserted by 150/2025 r 111(1)\ns 271(8)\namended by 150/2025 r 111(2)\ns 272\nsubstituted by 271/2017 r 65\namended by 72/2022 r 12\ns 272(1)\nsubstituted by 150/2025 r 11\ns 272A\ninserted by 150/2025 r 12\ns 273\n\ns 273(1)\namended by 60/2023 r 68\n\namended by 150/2025 r 57\nPt 14\n\ns 284\namended by 271/2017 r 66\namended by 150/2025 r 13(1)\ns 284(1)\ns 284 amended and redesignated as s 284(1) by 150/2025 r 13(2)—(5)\ns 284(2) and (3)\ninserted by 150/2025 r 13(5)\ns 291\n\ns 291(1)\namended by 271/2017 r 67\n\namended by 150/2025 r 58\ns 292\n(a)(iii) deleted by 271/2017 r 54(5)\n\namended by 271/2017 r 54(5)\ns 295\n\ns 295(1)\namended by 60/2023 r 69\n\namended by 150/2025 r 59\ns 297\n\ns 297(1)\namended by 60/2023 r 70\n\namended by 150/2025 r 60\ns 301\n\ns 301(3)\namended by 271/2017 r 54(6)\ns 301(4)\namended by 60/2023 r 71\n\namended by 150/2025 r 61\nPt 15\n\nPt 15 Div 4\n\ns 322\n\ns 322(3)\namended by 60/2023 r 72\n\namended by 150/2025 r 62\ns 324A\ninserted by 150/2025 r 14\n\nwill be repealed: s 324A(4)\n(10.12.2027)\nPt 15 Div 5\ninserted by 271/2017 r 68\ns 330\nexpired: s 330(2)—omitted under Legislation Revision and Publication Act 2002\n(31.12.2021)\ns 331\nexpired: s 331(2)—omitted under Legislation Revision and Publication Act 2002\n(31.12.2021)\nPt 15 Div 6\ninserted by 271/2017 r 69\nPt 15 Div 7\ninserted by 60/2023 r 13\nPt 15 Div 8\ninserted by 53/2024 r 12\nSch 2\n\ncl 2\n\ncl 2(1)\n(c) deleted by 130/2025 r 4(1)\ncl 3\n\ncl 3(1)\namended by 130/2025 r 4(2), (4), (6), (7)\n\n(e), (f) and (k) deleted by 130/2025 r 4(3), (5)\nSch 3\n\nPts 1—13\nomitted under Legislation Revision and Publication Act 2002\nHistorical versions\n\n1.9.2023\n\n10.12.2025 (electronic only)\n\n18.12.2025\n\n2.1.2026\n\n","sortOrder":32}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"Yes. The Act began as a vehicle to apply the Education and Care Services National Law in South Australia and to register schools. Over successive amendments and by adopting the National Law text, its substantive scope has expanded beyond basic registration and minimum standards to include: (1) detailed national regulatory architecture (establishment and powers of a National Authority and Ministerial Council — Schedule 1 Parts 10–11); (2) more intrusive compliance and enforcement tools (broad entry, seizure and emergency removal powers, expanded prohibition notices and enforceable undertakings — ss195–216, 176–189, 179A–181); (3) new, prescriptive operational regimes such as device controls (Part 6A, ss175A–175J); (4) a National Early Childhood Worker Register (Schedule 1 Div 4A, ss269A–269H); and (5) premises approval‑in‑principle for certain buildings (Schedule 1 Part 4, ss105–125). These additions materially broaden the regulatory mechanisms, data collection/sharing and operational obligations on providers relative to the Act’s original, core purpose of registering providers and applying national quality standards."},"complexity_factors":["Extensive length: combines a South Australian Act plus the full Education and Care Services National Law in Schedule 1 (many Parts and Divisions)","Large number of defined terms and technical definitions (see Schedule 1 s5 with many role and service type definitions and s5A–5D)","High degree of cross‑referencing between State Act and National Law (s10; Schedule 1) and to other Acts (e.g. Corporations Act, Children and Young People Acts)","Many distinct regulated actors and bodies: Board, three Registrars, Regulatory Authority, National Authority, Ministerial Council, approved providers, nominated supervisors, educators, family day care coordinators, recruitment agencies","Numerous conditional powers and nested procedures (show‑cause processes, emergency powers, suspension/cancellation routes, enforceable undertakings — e.g. ss26–34, 72–79, 179A–181)","Complex enforcement and investigatory powers with multiple entry/search warrant regimes (ss197–201; Schedule 2)","Multiple exceptions, waivers and transitional provisions (Divisions 5–8 of Part 15; Ministerial/regulatory exemptions s16–17 and s76; service and temporary waivers ss87–100)","Heavy use of delegated rule‑making: the National Law relies on national regulations and Ministerial Council directions for detailed standards and fees (Schedule 1 ss301–304)","High penalty matrix: dozens of distinct offences with different maximum fines and some imprisonment (e.g. ss103, 169, 172, 175; infringement schemes s291)","Frequent amendments and staged commencements recorded in an extensive legislative history (many modifications and insertions over years, increasing interpretive complexity)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Adopts and applies the Education and Care Services National Law in South Australia (s10 and Schedule 1). It therefore creates a single, nationally‑aligned regulatory framework covering early childhood education and care services and school registration matters where the Act applies.  \n\n- Establishes who runs the system and how decisions are made: a South Australian Board (the Education and Early Childhood Services Registration and Standards Board) with Registrars for government, non‑government and early childhood sectors (Part 4, ss21–29), and links to the national bodies (the Ministerial Council and the Australian Children’s Education and Care Quality Authority — Parts 10–11 of the National Law in Schedule 1).  \n\n- Requires registration or approvals to operate: schools must be registered on the schools register (Part 5, ss41–49). For education and care services (e.g. long day care, family day care, outside school hours care), providers must hold provider approvals and service approvals under the National Law (Schedule 1, Parts 2–3; see ss10, 12–20 and ss43–52).  \n\n- Sets operational obligations for approved providers, nominated supervisors, staff and volunteers: staffing ratios, qualifications, child protection and safety training, program requirements, supervision and record‑keeping (Schedule 1 Part 6, e.g. ss162, 162A, 168–169, 175). There are detailed notification duties about events, staff changes and incidents (ss173–175, 174).  \n\n- Creates compliance and enforcement tools: compliance directions and notices, suspension and cancellation of approvals, prohibition notices against individuals, enforceable undertakings, emergency powers including removal of children, and criminal and civil penalties (Part 7; Schedule 1 ss176–189 and ss179A–189). Authorised officers and the Regulatory Authority have powers of entry, to inspect, seize evidence and require information (Part 8; Schedule 1 ss68, 195–216; search warrants under Schedule 2).  \n\n- Keeps public registers and publishes ratings and enforcement actions: registers of providers and services, public ratings against the National Quality Standard, and publication rules (Part 5; Schedule 1 ss266–270, 133–160).  \n\n- Newer, specific regimes are embedded in the Act: an explicit devices regime restricting use of personal devices at services and requiring service‑supplied/authorised devices for capturing images (Part 6A, ss175A–175J); and the National Early Childhood Worker Register to collect worker details centrally (Schedule 1 Div 4A, ss269A–269H).  \n\n**Who this affects**\n\n- Primary regulated parties: approved providers (bodies or individuals operating education and care services), nominated supervisors, educators, family day care educators, family day care co‑ordinators and volunteers (Schedule 1 definitions; see ss5, 5A).  \n- Secondary parties: governing authorities of schools, parents (notifications and enrolment information), recruitment agencies (information powers and disclosure rules, ss206A; s272A), related providers (connected businesses or providers subject to related provider determinations, ss5B–5C), and the broader public (published ratings and registers).  \n- Administrators and enforcers: the Board, Registrars, Regulatory Authority (the Board is declared the Regulatory Authority for SA—see s13(9)), authorised officers, the National Authority and the Ministerial Council.  \n\n**Why it matters (official rationale and how the law implements it)**\n\n- Officially the Act implements a national quality framework intended to improve safety, health, wellbeing and developmental outcomes for children and to provide national consistency and information for parents (Schedule 1, s3; s2A sets child safety as the paramount consideration). Mechanically, it does this by:  \n  - Requiring approvals and periodic ratings against a National Quality Standard (Schedule 1 Parts 2, 3 and 5: provider/service approvals, assessments and ratings — ss12–20; ss43–52; ss133–160).  \n  - Giving regulators powers to monitor, inspect, require information, and enforce compliance including suspension/cancellation and prohibition notices (ss176–184; ss27, 28, 70–79).  \n  - Publishing information for transparency (ss266–270).  \n\n**Practical costs, incentives and trade‑offs (mechanisms, not judgments)**\n\n- Who pays and bears the compliance cost: approved providers bear most direct compliance costs — registration and annual fees, meeting staffing/qualification rules, training requirements, record‑keeping, device configuration for service‑supplied devices, notifications and responding to compliance directions (see ss52, 51(4), 162A/162B, 175B–175E, 172–175). Fees are prescribed by national regulations (Schedule 1 s301 and s215(c)).  \n\n- Behavioural incentives created by the Act: providers are incentivised to maintain staff qualifications, keep up with mandatory training and robust child‑safety practices to avoid suspension/cancellation, fines, or publication of adverse enforcement actions (penalties appear throughout e.g. ss103, 169, 172, 176–179). The National Authority’s rating publication (ss135–160, 270) creates reputational incentives.  \n\n- Enforcement concentration and discretion: the Regulatory Authority and authorised officers hold significant discretionary powers (entry, seizure, notices, suspension/cancellation — ss197–201, 215–216, 27, 72). Those powers reduce information asymmetries but concentrate decision‑making in regulators, increasing implementation risk if guidance or consistent procedures are not clear. The Act provides for internal and external review (ss190–194, 71–74) and for Ministerial/Ministerial Council directions (ss19, 220–223), which limit but do not eliminate discretion.  \n\n- Administrative and compliance burden: the scheme is prescriptive and operationally detailed — approvals, ongoing notifications, record retention, training and staffing ratios, device‑use regimes and reporting — creating ongoing administrative work for operators (see record and notification provisions ss56, 173–175, 269E).  \n\n- Effects on business structure and transactions: transfers of service approvals require Regulatory Authority consent, and related provider determinations permit regulators to treat corporate groups as linked for enforcement (ss58–69; ss5B–5C). Those rules affect mergers, acquisitions and outsourcing choices because regulatory risk may follow related providers. Notification obligations on changes of ownership (s173(1A)) make ownership changes reportable events.  \n\n- Transparency and market information: publication of ratings and registers (ss160, 266–270) supplies parents and purchasers with comparative information, which can affect demand and reputational returns for high quality providers.  \n\n- Privacy and information sharing: the National Law authorises significant information sharing between State agencies and the National Authority (ss263–274; ss271–273), and establishes the National Early Childhood Worker Register (ss269B–269H). That supports regulatory oversight but imposes data‑handling and privacy obligations (s263).  \n\n- Possible substitution effects and compliance workarounds: where the National Law or regulations impose specific staffing or premises requirements (e.g. Part 4 approval‑in‑principle for premises, ss105–125), providers may change service models (move to family day care, alter hours, reduce places) to avoid higher compliance costs — the Act permits waivers and temporary waivers but only in specified circumstances (ss87–100).  \n\n**Key implementation risks and operational notes**\n\n- Complexity of cross‑jurisdictional arrangements (the National Law applied by states and the National Authority) increases the need for clear operational protocols between the State Board/Regulatory Authority and the National Authority (see ss7, 42, 224–229).  \n- Broad enforcement powers (entry, seizure, emergency removal of children — ss197, 199, 189) must be exercised with procedural safeguards; the Act provides show‑cause steps and review routes (ss26, 32, 71, 78; review and appeal Parts 8 and 9).  \n- Concrete changes introduced by amendments: the Act now includes device rules (Part 6A, ss175A–175J) and the national worker register (ss269A–269H), which add specific compliance tasks for providers (device policies, service‑supplied devices, worker data reporting).  \n\n**Useful section pointers**\n\n- Adoption of National Law and objects: s10; Schedule 1 s3 and s2A (paramount consideration — child safety).  \n- Registration and approvals: Part 5 (schools) ss41–54; National Law Parts 2–3 (provider and service approvals) Schedule 1 ss10–20 and ss43–52.  \n- Enforcement, compliance and penalties: ss176–184 (compliance notices/directions); ss179A–181 (enforceable undertakings); ss62–66 (disciplinary orders); many offence provisions (e.g. ss103, 169, 172, 175).  \n- Powers of entry and evidence: ss68–70; Schedule 1 ss195–201; Schedule 2 (warrants).  \n- Devices and worker register: Part 6A (ss175A–175J); Schedule 1 Div 4A (ss269A–269H)."},"kimi_summary":{"_metrics":{"completionTokens":763},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2011 scope. The original Act primarily dealt with school registration and residual early childhood services. Through amendments, it now incorporates: (1) the full National Quality Framework for early childhood education and care (adopted via Schedule 1), (2) complex 'approval in principle' schemes for premises in multi-storey buildings (Part 4), (3) extensive device and image-capturing restrictions (Part 6A, added 2022), (4) systemic risk and related provider provisions expanding regulatory reach across corporate groups, and (5) the National Early Childhood Worker Register. The 2022 and 2023 amendments (reflected in transitional provisions) show continued expansion into areas like child safety training and premises approval that were not in the original Act."},"complexity_factors":["Dual legislative structure: standalone SA Act plus adopted National Law with modifications","Extensive cross-referencing between the Act, Schedule 1 (National Law), and Schedule 2 (modifications)","Multiple overlapping approval systems: provider approval, service approval, approval in principle, registration, endorsement","Nested conditional logic throughout (e.g., sections 175H-175J with multiple layers of exceptions to personal device prohibitions)","47+ defined terms in interpretation sections with recursive definitions","Complex administrative arrangements: Board, Registrars, Minister, National Authority, Regulatory Authority with interlocking powers","Substantial transitional provisions across multiple divisions dealing with legacy schemes","Family day care treated separately from centre-based services with distinct rules","Multiple review pathways: internal review, Ratings Review Panel, District Court appeal, external tribunal review","Systemic risk provisions creating related provider determinations with extended regulatory reach"],"plain_english_summary":"This legislation establishes South Australia's framework for regulating education and early childhood services. It has two main parts:\n\n**1. School Registration (Parts 1-10 of the Act)**\n- Creates the **Education and Early Childhood Services Registration and Standards Board** — an independent body that registers and regulates schools\n- Requires all schools (Government and non-Government) to be **registered** to operate legally\n- Sets standards for school registration including: quality of instruction, student safety, and compliance with codes of conduct\n- Allows the Board to impose **conditions** on registration, conduct **reviews**, and take **disciplinary action** against schools or individuals for misconduct\n- Establishes **appeal rights** to the District Court\n\n**2. Early Childhood Services (via the National Law)**\n- **Adopts** the national *Education and Care Services National Law* — a scheme used across Australian states for childcare and early learning services (like long day care, preschool, and family day care)\n- Creates a **two-tier approval system**: providers must get *provider approval* (fit and proper person test) and *service approval* (for each individual service)\n- Sets **quality standards** including: child safety, staff qualifications, supervision requirements, and educational programs\n- Establishes a **rating and assessment system** with published quality ratings\n- Provides for **compliance actions**: warnings, directions, suspension, cancellation, and prohibition notices for serious breaches\n- Includes specific protections for children: paramount consideration of their safety, rights and best interests\n\n**Who it affects:** Schools, childcare centres, family day care operators, preschools, and anyone working with children in these settings. Parents can check published ratings to assess service quality.\n\n**Why it matters:** Ensures minimum standards for children's education and care, creates accountability for providers, and gives regulators tools to act quickly when children are at risk."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative content was not retrievable. The page returned was a website navigation error, not the text of the Act. No comparison between original intent and current form is possible from the material provided."},"complexity_factors":["No substantive legislative text was retrievable — only a website error page was provided","Cannot assess actual provisions, definitions, schedules, or regulatory mechanisms","Score reflects the trivial complexity of the content actually supplied (an error page), not the underlying Act itself","The underlying Act, if fully retrieved, would likely score significantly higher (estimated 6–7) given it covers registration schemes, standards frameworks, enforcement powers, and intergovernmental arrangements"],"plain_english_summary":"The Act sets up South Australia’s registration and quality-standards framework for schools and early childhood services (childcare, kindergarten), requiring providers to meet standards to operate legally. It affects parents choosing services, the schools and centres that must register and comply, educators whose qualifications and conduct are regulated, and regulators who monitor and enforce safe, high‑quality education and care."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-early-childhood-services-registration-and-standards-act-2011","history":"/api/acts/education-and-early-childhood-services-registration-and-standards-act-2011/history","analysis":"/api/acts/education-and-early-childhood-services-registration-and-standards-act-2011/analysis","conflicts":"/api/acts/education-and-early-childhood-services-registration-and-standards-act-2011/conflicts","importantCases":"/api/acts/education-and-early-childhood-services-registration-and-standards-act-2011/important-cases","documents":"/api/acts/education-and-early-childhood-services-registration-and-standards-act-2011/documents"}}