4How functions to be exercised

4 How functions to be exercised

4 How functions to be exercised

(1) An 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 sections 3 and 3A.

(2) If there is a conflict between the interests of an approved provider and the rights and best interests of a child or the children to whom the approved provider provides education and care, the rights and best interests of the child or children must prevail.

(3) Without limiting subsection (2), a person with management or control of an education and care service must place the rights and best interests of a child or the children to whom the education and care service provides education and care above—

(a) the person’s other duties as a person with management or control of the education and care service; or

(b) the other interests of the education and care service.

(4) Subsections (2) and (3) and section 3A are declared to be Corporations legislation displacement provisions for the Corporations Act 2001 of the Commonwealth, section 5G in relation to the provisions of the Corporations legislation generally.

Note—

The Corporations Act 2001 of the Commonwealth, section 5G enables a State to displace the operation of the provisions of the Corporations legislation of the Commonwealth in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for that section.

Note—

Subsections (2)–(4) are additional NSW provisions.

s 4: Am 2025 No 68, Sch 1[6].