5Exclusion of legislation of this jurisdiction

5 Exclusion of legislation of this jurisdiction

5 Exclusion of legislation of this jurisdiction

(1) Subject to subsection (1A), the following Acts of this jurisdiction do not apply to the Children (Education and Care Services) National Law (NSW) or to instruments made under that Law—

(a) the Government Information (Public Access) Act 2009,

(b) the Health Records and Information Privacy Act 2002,

(c) the Interpretation Act 1987,

(d) the Privacy and Personal Information Protection Act 1998,

(e) the Subordinate Legislation Act 1989.

(1A) The following provisions apply to NSW regulations made under the Children (Education and Care Services) National Law (NSW)—

(a) the Interpretation Act 1987, Parts 6 and 6A,

(b) the Subordinate Legislation Act 1989, sections 3, 4, 7 and 8 and Schedule 1.

(2) The following Acts of this jurisdiction do not apply to the Children (Education and Care Services) National Law (NSW) or to instruments made under that Law, except to the extent that the Law and those instruments apply to the Regulatory Authority and the employees, decisions, actions and records of the Regulatory Authority—

(a) the Government Sector Finance Act 2018,

(b) the Ombudsman Act 1974,

(c) the Government Sector Audit Act 1983,

(d) the Government Sector Employment Act 2013.

(3) However, Part 4 of the Children’s Guardian Act 2019 does apply in respect of approved education and care services under the Children (Education and Care Services) National Law (NSW).

s 5: Am 2011 No 70, Sch 2.5 [1]; 2017 No 22, Sch 4.4 [1]; 2018 No 70, Sch 4.17[1] [2]; 2019 No 25, Sch 5.9; 2025 No 68, Sch 1[2] [3].