206APower of authorised officers to obtain information, documents and evidence from recruitment agencies 273

206A Power of authorised officers to obtain information, documents and evidence from recruitment agencies 273 206B Power of authorised officers to obtain information, documents and evidence from former provider for purposes of related provider determinations 274 Division 4—Offences relating to enforcement 274 207 Offence to obstruct authorised officer 274 208 Offence to fail to assist authorised officer 274 209 Offence to destroy or damage notices or documents 275 210 Offence to impersonate authorised officer 275 211 Protection against self incrimination 275 212 Warning to be given 276 213 Occupier's consent to search 276 Division 5—Powers of Regulatory Authority 277 214 Powers of Regulatory Authority to obtain information for rating purposes 277 215 Power of Regulatory Authority to obtain information, documents and evidence by notice 277 216 Power of Regulatory Authority to obtain information, documents and evidence at education and care service 279 216A Power of Regulatory Authority to obtain information, documents and evidence from approved provider for the purposes of a related provider determination 280 216B Power of Regulatory Authority to obtain information, documents and evidence from specified person at education and care service for the purposes of a related provider determination 281 216C Approved provider that is a related provider must disclose certain information to Regulatory Authority 282 217 Offence to fail to comply with notice or requirement 283 218 Offence to hinder or obstruct Regulatory Authority 283 219 Self incrimination not an excuse 283 Part 10—Ministerial Council 285 220 Functions of Ministerial Council 285 221 Powers of Ministerial Council 286 222 Directions 286 223 How Ministerial Council exercises powers 287 Part 11—Australian Children's Education and Care Quality Authority 288 Division 1—The National Authority 288 224 National Authority 288 225 Functions of National Authority 288 226 National Authority may advise and seek guidance of Ministerial Council 290 227 Powers of National Authority 290 228 Co-operation with participating jurisdictions and Commonwealth 292 229 National audit functions 292 Division 2—The Board of the National Authority 293 Subdivision 1—Establishment and responsibilities 293 230 National Authority Board 293 231 Responsibilities of Board 293 232 Membership of Board 294 Subdivision 2—Members 295 233 Terms of office of members 295 234 Remuneration 295 235 Vacancy in the office of member 296 236 Acting positions 297 237 Leave of absence 298 238 Disclosure of conflict of interest 299 Subdivision 3—Procedure of Board 300 239 General procedure 300 240 Quorum 301 241 Chief executive officer may attend meetings of the Board 301 242 Presiding member 301 243 Voting 302 244 Defects in appointment of members 302 245 Transaction of business by alternative means 302 246 Delegation by Board 303 247 Committees 304 Subdivision 4—Chief executive officer of the National Authority 305 248 Chief executive officer 305 249 Functions of chief executive officer 305 250 Terms and conditions of appointment 306 251 Remuneration 306 252 Vacancy in office 306 253 Resignation 307 254 Termination of appointment 307 255 Acting chief executive officer 308 256 Disclosure of interests 309 Subdivision 5—Staff, consultants and contractors 309 257 Staff of National Authority 309 258 Staff seconded to National Authority 309 259 Consultants and contractors 309 Part 12—Regulatory Authority 310 260 Functions of Regulatory Authority 310 261 Powers of Regulatory Authority 311 262 Delegations 312 Part 13—Information, Records and Privacy 313 Division 1—Privacy 313 263 Application of Commonwealth Privacy Act 313 Division 2—Application of Commonwealth FOI Act 314 264 Application of Commonwealth FOI Act 314 Division 3—Application of New South Wales State Records Act 315 265 Application of State Records Act 315 Division 4—Registers 316 266 Register of approved providers 316 267 Register of education and care services 316 269 Register of family day care educators, co‑ordinators and assistants 317 Division 4A—National Early Childhood Worker Register 318 269A Who is an *education and care service worker*? 318 269B National Early Childhood Worker Register 319 269C National Authority may access and use information on other registers 319 269D Access to National Early Childhood Worker Register 320 269E Approved provider must give information to the National Authority for the National Early Childhood Worker Register 321 269F Collection by National Authority of information for the purposes of maintaining the National Early Childhood Worker Register 322 269G Collection, use and disclosure by National Authority of information on the National Early Childhood Worker Register 322 269H Collection, use and disclosure by Regulatory Authority of information on the National Early Childhood Worker Register 324 Division 5—Publication of information 326 270 Publication of information 326 Division 6—Disclosure of information 328 271 Disclosure of information to other authorities 328 272 Disclosure of information to approved providers 331 272A Disclosure of information to recruitment agencies 332 273 Duty of confidentiality 334 Part 14—Miscellaneous 335 Division 1—Finance 335 274 Australian Children's Education and Care Quality Authority Fund 335 275 Payments into Authority Fund 335 276 Payments out of Authority Fund 336 277 Investment of money in Authority Fund 336 278 Financial management duties of National Authority 336 Division 2—Reporting 337 279 Annual report 337 280 Tabling and publication of annual report 339 281 Other reporting 339 Division 3—Application of Commonwealth Ombudsman Act 340 282 Application of Commonwealth Ombudsman Act 340 Division 4—Legal proceedings 341 283 Who may bring proceedings for an offence? 341 284 When proceedings may be commenced 341 285 Offences by bodies corporate 342 286 Application of Law to partnerships and eligible associations and other entities 342 287 Multiple holders of an approval 343 288 Double jeopardy 343 289 Immunity 343 290 Immunity—education law 344 291 Infringement offences 345 292 Evidentiary certificates 346 Division 5—Service of notices 347 293 Service of notices 347 294 Service by post 348 Division 6—False or misleading information 349 295 False or misleading information or documents 349 Division 7—Protection from reprisal 350 296 Definitions 350 297 Protection from reprisal 350 298 Proceedings for damages for reprisal 351 299 Application for injunction or order 351 300 Injunction or order 352 Division 8—National regulations 352 301 National regulations 352 302 Publication of national regulations 356 303 Parliamentary scrutiny of national regulations 356 304 Effect of disallowance of national regulation 357 Part 15—Transitional Provisions 358 Division 1—Introductory 358 305 Definitions 358 Division 2—Education and care services 360 306 Approved provider 360 307 Service approvals 361 308 Approved family day care venues 362 309 Approval of declared out of scope services 363 310 Application for service waiver or temporary waiver 363 311 Existing applicants 364 312 Existing multiple approvals to merge 364 313 Display of accreditation and rating 365 314 Effect of non-compliance in 3 years before scheme commencement day 365 315 Certified supervisors 366 316 Nominated supervisors 366 317 Notices and undertakings 367 318 Offences 367 Division 3—National Authority 368 319 First meeting of National Authority 368 320 First chief executive officer of National Authority 368 321 First annual report of National Authority 368 Division 4—General 368 322 Information retention and sharing 368 323 Approved learning framework 369 324 Savings and transitional regulations 370 324A Regulations dealing with transitional matters—Early Childhood Legislation Amendment (Child Safety) Act 2025 370 Division 5—Transitional provisions—Education and Care Services National Law Amendment Act 2017 371 325 Definitions 371 326 Approved family day care venues 371 327 Declared approved family day care venues continue to be approved 372 328 Service approval condition requiring sufficient family day care co-ordinators 372 329 Service approval condition requiring minimum number of family day care co‑ordinators 373 Division 6—Further transitional provisions—Education and Care Services National Law Amendment Act 2017 374 332 Definitions 374 333 Partial assessment and re-rating 374 334 Application for highest rating level made before commencement day 375 335 Highest rating level awarded before, or on application made before, commencement day 376 Division 7—Transitional provisions—Early Childhood Legislation Amendment Act 2022 377 336 Transitional provision—notification of persons with management or control of an education and care service 377 337 Transitional provision—assessment of provider approval applications 378 338 Transitional provision—service waivers 378 339 Transitional provision—temporary waivers 379 Division 8—Transitional provisions—Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023 379 340 Transitional provision—approvals in principle—applications for service approval 379 Schedules 381