VICIn ForceAct
Education and Care Services National Law Act 2010
Div 2of Part 5 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 138 there were inserted—
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Division 2 of Part 5 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 138 there were inserted—
"138A Reassessment and re-rating—Regulatory Authority may suspend or revoke rating of approved education and care services
(1) This section applies if the Regulatory Authority is investigating an approved education and care service under this Law.
(2) The Regulatory Authority may, if the Regulatory Authority is satisfied it is in the public interest, suspend the approved education and care service's rating level while the investigation is being conducted.
(3) On or as soon as practicable after the conclusion of the investigation, the Regulatory Authority may—
(a) revoke the approved education and care service's rating level if the Regulatory Authority considers the revocation necessary or appropriate; and
(b) re-rate the approved education and care service against the National Quality Standard or the national regulations.
(4) Despite section 134, in re-rating the approved education and care service the Regulatory Authority may give the education and care service operating the highest rating level prescribed by the national regulations.".
S. 16HAG inserted by No. 53/2025 s. 117.
16HAG Reassessment and re-rating—scope of Regulatory Authority's power to reassess, suspend or revoke the rating level
Division 2 of Part 5 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after section 140 there were inserted—
"140A Application of Division to education and care service with highest rating level
To avoid doubt, the Regulatory Authority may reassess, suspend or revoke the rating level for an education and care service even if the rating level is the highest rating level prescribed by the national regulations.".
S. 16HAH inserted by No. 53/2025 s. 117.
16HAH Offence to fail to display prescribed information
Section 172 of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if after subsection (2) of that section there were inserted—
"(3) An approved provider of an education and care service must ensure the approved provider's quality and compliance history for the education and care service provided by the approved provider is displayed, in the form approved by the Regulatory Authority, at the education and care service premises in accordance with the Victorian regulations.
$154 800, in the case of a large provider.
***quality and compliance history*** means the information prescribed by the Victorian regulations.".
S. 16HAI inserted by No. 53/2025 s. 117.
16HAI Direction to suspend education and care by staff member (other than a family day care educator) or volunteer
Section 178A of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if—
(a) in subsection (2), for "provider a notice" there were substituted "provider and the relevant staff member or volunteer (as the case may be) a notice"; and
(b) in subsection (2)(c) after "provider" there were inserted "and the relevant staff member or volunteer (as the case may be)"; and
(c) in subsection (3), for "provider a show" there were substituted "provider and the relevant staff member or volunteer (as the case may be) a show"; and
(d) in subsection (3)(a) after "provider" there were inserted "and the relevant staff member or volunteer (as the case may be)".
S. 16HAJ inserted by No. 53/2025 s. 117.
16HAJ Direction to suspend education and care by nominated supervisor
Section 178B of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if—
(a) in subsection (2), for "provider a notice" there were substituted "provider and the relevant nominated supervisor a notice"; and
(b) in subsection (2)(c) after "provider" there were inserted "and the relevant nominated supervisor"; and
(c) in subsection (3), for "provider a show" there were substituted "provider and the relevant nominated supervisor a show"; and
(d) in subsection (3)(a) after "provider" there were inserted "and the relevant nominated supervisor".
S. 16HAK inserted by No. 53/2025 s. 117.
16HAK Direction requiring supervision of staff member (other than a family day care co-ordinator) or volunteer
Section 178C of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if—
(a) in subsection (4), for "provider a notice" there were substituted "provider and the relevant staff member or volunteer (as the case may be) a notice"; and
(b) in subsection (4)(c) after "provider" there were inserted "and the relevant staff member or volunteer (as the case may be)"; and
(c) in subsection (5), for "provider a show" there were substituted "provider and the relevant staff member or volunteer (as the case may be) a show"; and
(d) in subsection (5)(a) after "provider" there were inserted "and the relevant staff member or volunteer (as the case may be)".
S. 16HA inserted by No. 53/2025 s. 113.
16HA Approved providers must notify Regulatory Authority of reportable sexual conduct committed by staff