16CModification of Education and Care Services National Law (Victoria)—Child Safe Standards condition

16C Modification of Education and Care Services National Law (Victoria)—Child Safe Standards condition (1) The Education and Care Services National Law (Victoria) applies as a law of this jurisdiction as if before section 51(5) of that Law there were inserted— "(4C) A service approval granted in this jurisdiction is subject to the condition that the approved provider must ensure that the education and care service is operated in a way that complies with the Child Safe Standards.". The Regulatory Authority may perform its functions under section 260 of the Education and Care Services National Law (Victoria) in relation to whether there has been compliance with the condition imposed on a service approval pursuant to subsection (1). (2) For the purposes of subsection (1), a reference in the Education and Care Services National Law (Victoria) to a condition of a service approval granted in this jurisdiction is to be read as if it includes a reference to the Child Safe Standards condition. S. 16D inserted by No. 43/2022 s. 4. 16D Modification of Education and Care Services National Law (Victoria)—enforcement by Regulatory Authority of Child Safe Standards condition The Education and Care Services National Law (Victoria) applies as a law of this jurisdiction as if after section 260 of that Law there were inserted— "260A Regulatory Authority's enforcement and compliance function in relation to Child Safe Standards condition (1) In carrying out its function under section 260(c) in relation to an approved provider that is granted a service approval in this jurisdiction that is subject to the Child Safe Standards condition, the Regulatory Authority must consider the most effective means of promoting compliance by the approved provider with the Child Safe Standards condition. ***Child Safe Standards condition*** means the condition subject to which a service approval is granted in this jurisdiction pursuant to section 16C(1) of the **Education and Care Services National Law Act 2010**.". S. 16E inserted by No. 43/2022 s. 4. 16E Modification of Education and Care Services National Law (Victoria)—function of the National Authority with respect to support and training of Regulatory Authority staff The Education and Care Services National Law (Victoria) applies as a law of this jurisdiction as if after section 225(1)(o) of that Law there were inserted— "(oa) in relation to staff of the Regulatory Authority, to provide support and training other than in relation to monitoring and enforcing compliance with the Child Safe Standards condition, meaning the condition subject to which a service approval is granted in this jurisdiction pursuant to section 16C(1) of the **Education and Care Services National Law Act 2010**;". S. 16F inserted by No. 43/2022 s. 4. 16F Modification of Education and Care Services National Law (Victoria)—references to the Law and its application to the Child Safe Standards condition (1) Subject to subsection (3), a reference in the Education and Care Services National Law (Victoria) to "this Law", or the Law as it applies in a participating jurisdiction, includes a reference to the Education and Care Services National Law (Victoria) as modified under section 16C(1). (2) Subject to subsection (4), a reference in the Education and Care Services National Law (Victoria) to the National Quality Framework includes a reference to the Education and Care Services National Law (Victoria) as modified under section 16C(1). The National Quality Framework includes the Education and Care Services National Law (Victoria). See definition of ***national education and care services quality framework*** in section 5(1) of the Education and Care Services National Law (Victoria). (3) A reference in the following provisions of the Education and Care Services National Law (Victoria) to "this Law" does not include a reference to the Education and Care Services National Law (Victoria) as modified by subsection (1)— (a) section 135; (b) section 150; (c) section 220; (d) section 221; (e) section 222; (f) section 223; (g) section 225(1)(n); (h) section 226; (i) section 231; (j) section 249; (k) section 282. (4) A reference in the following provisions of the Education and Care Services National Law (Victoria) to the National Quality Framework does not include a reference to the Education and Care Services National Law (Victoria) as modified by subsection (2)— (a) section 220; (b) section 222; (c) section 225(1)(b), (k), (l)(ii) and (m); (d) section 227(2)(b); (e) section 231; (f) section 249. Pt 2B (Heading and ss 16G–16S) inserted by No. 53/2025 s. 110.