Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Education and Care Services National
Law (ACT) Act 2011
A2011-42
Republication No 10
Effective: 10 October 2024
Republication date: 10 October 2024
Last amendment made by A2024-33
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Education and Care Services National Law (ACT) Act 2011
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 10 October 2024. It also includes any commencement, amendment, repeal or
expiry affecting this republished law to 10 October 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Education and Care Services National
Law (ACT) Act 2011
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Terms used in Education and Care Services National Law (ACT) 2
5 Notes 2
Part 2 Adoption of National Law
6 Adoption of Education and Care Services National Law 3
7 Exclusion of territory laws 4
8 Meaning of generic terms in Education and Care Services National
Law for this jurisdiction 5
9 Relevant tribunal or court 6
Contents
Page
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Act 2011
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10 Regulatory Authority 6
11 Children’s services law 6
12 Education law 6
13 Former education and care services law 6
14 Infringements law 7
15 Public sector law 7
16 Working with children law 7
17 Working with vulnerable people law 7
17A Part 4 building law and Part 4 planning law 7
17B Application for approval in principle 8
18 Penalty at end of provision 8
Part 3 Miscellaneous
19 Regulation-making power 9
Part 10 Transitional—Applications for service
approval
50 Meaning of commencement day—pt 10 10
51 Application of national law, s 49A to certain applications for approval 10
52 Expiry—pt 10 11
Dictionary 12
Endnotes
1 About the endnotes 13
2 Abbreviation key 13
3 Legislation history 14
4 Amendment history 15
5 Earlier republications 17
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Australian Capital Territory
Education and Care Services National
Law (ACT) Act 2011
An Act to apply a national law relating to the regulation of education and care
services for children
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Education and Care Services National Law (ACT)
Act 2011.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Terms used in Education and Care Services National
Law (ACT)
Terms used in this Act and also in the Education and Care Services
National Law set out in the schedule to the Victorian Act have the
same meaning in this Act as they have in that Law.
5 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Adoption of National Law Part 2
Section 6
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Part 2 Adoption of National Law
6 Adoption of Education and Care Services National Law
(1) Subject to this section, the Education and Care Services National
Law, as in force from time to time, set out in the schedule to the
Victorian Act—
(a) applies as a territory law; and
(b) as so applying may be referred to as the Education and Care
Services National Law (ACT); and
(c) so applies as if it were part of this Act.
(2) For the Education and Care Services National Law (ACT),
section 105 (Application of Part to certain participating jurisdictions
only)—
(a) the Territory is a participating jurisdiction; and
(b) part 4 (Approval in principle for education and care service
premises located in certain types of buildings) of that Law
applies as a territory law.
(3) The Education and Care Services National Law (ACT), section 49A
(Additional ground for refusal in certain participating jurisdictions—
mandatory approval in principle) applies as a territory law.
(4) A law that amends the Education and Care Services National Law set
out in the schedule to the Victorian Act and is passed by the Victorian
Parliament after this Act’s notification day must be presented to the
Legislative Assembly.
(5) The amending law may be disallowed by the Legislative Assembly in
the same way, and within the same period, that a disallowable
instrument may be disallowed.
Note See the Legislation Act, s 65 (Disallowance by resolution of Assembly).
Part 2 Adoption of National Law
Section 7
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(6) If the amending law is not presented to the Legislative Assembly in
accordance with subsection (4), or is disallowed under subsection (5),
the Education and Care Services National Law applying under
subsection (1) is taken—
(a) not to include the amendments made by the amending law; and
(b) to include any provision repealed or amended by the amending
law as if the amending law had not been made.
(7) Section 303 (4) (Parliamentary scrutiny of national regulations) and
section 340 (Transitional provision—approvals in principle—
applications for service approval) of the Education and Care Services
National Law set out in the schedule to the Victorian Act do not apply
as a territory law.
(8) To remove any doubt, the Education and Care Services National
Law (ACT), section 303 (5) and section 304 (Effect of disallowance
of national regulation) apply as a territory law.
7 Exclusion of territory laws
(1) The following territory laws do not apply to the Education and Care
Services National Law (ACT) or to the instruments made under that
Law:
(a) the Criminal Code 2002;
(b) the Freedom of Information Act 2016;
(c) the Information Privacy Act 2014;
(d) the Legislation Act 2001.
(2) Subsection (1) (d) does not limit the application of the Legislation Act
to this Act.
Adoption of National Law Part 2
Section 8
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(3) The following territory laws do not apply to the Education and Care
Services National Law (ACT) or to the instruments made under that
Law, except to the extent that that Law and those instruments apply
to the Regulatory Authority and the employees, decisions, actions and
records of the Regulatory Authority:
(a) the Annual Reports (Government Agencies) Act 2004;
(b) the Auditor-General Act 1996;
(c) the Financial Management Act 1996;
(d) the Ombudsman Act 1989;
(e) the Public Sector Management Act 1994;
(f) the Territory Records Act 2002.
8 Meaning of generic terms in Education and Care Services
National Law for this jurisdiction
In the Education and Care Services National Law (ACT):
child protection law means the Children and Young People Act 2008.
Note A reference to a law includes a reference to the statutory instruments
made or in force under the law (see Legislation Act, s 104).
de facto relationship means a domestic partnership.
magistrate means a Magistrate under the Magistrates Court
Act 1930.
public authority means a body established for a public purpose under
an Act.
registered teacher means a registered teacher under the ACT Teacher
Quality Institute Act 2010.
superior court means the Supreme Court.
this jurisdiction means the Australian Capital Territory.
Part 2 Adoption of National Law
Section 9
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9 Relevant tribunal or court
For the definition of relevant tribunal or court in the Education and
Care Services National Law (ACT), section 5—
(a) the Magistrates Court is the relevant court or tribunal for that
Law, section 181; and
(b) the ACAT is declared to be the relevant court or tribunal for that
Law, part 8.
10 Regulatory Authority
For the definition of Regulatory Authority in the Education and Care
Services National Law (ACT), section 5, the director-general is the
Regulatory Authority.
11 Children’s services law
For the definition of children’s services law in the Education and
Care Services National Law (ACT) the Children and Young People
Act 2008, chapter 20 is a children’s services law.
12 Education law
For the definition of education law in the Education and Care
Services National Law (ACT), section 5, the Education Act 2004 is an
education law.
13 Former education and care services law
For the definition of former education and care services law in the
Education and Care Services National Law (ACT), section 5—
(a) the Children and Young People Act 2008, chapter 20, is a former
education and care services law; and
(b) the Education Act 2004 is a former education and care services
law.
Adoption of National Law Part 2
Section 14
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14 Infringements law
For the definition of infringements law in the Education and Care
Services National Law (ACT), section 5, the Magistrates Court
Act 1930, part 3.8 is an infringements law.
15 Public sector law
For the definition of public sector law in the Education and Care
Services National Law (ACT), section 5, the Public Sector
Management Act 1994 is a public sector law.
16 Working with children law
For the definition of working with children law in the Education and
Care Services National Law (ACT), in section 5, the Working with
Vulnerable People (Background Checking) Act 2011 is a working
with children law.
17 Working with vulnerable people law
For the definition of working with vulnerable people law in the
Education and Care Services National Law (ACT), section 5, the
Working with Vulnerable People (Background Checking) Act 2011 is
a working with vulnerable people law.
17A Part 4 building law and Part 4 planning law
(1) For the definition of Part 4 building law in the Education and Care
Services National Law (ACT), section 5, the Building Act 2004 is a
Part 4 building law.
(2) For the definition of Part 4 planning law in the Education and Care
Services National Law (ACT), section 5, the Planning Act 2023 is a
Part 4 planning law.
Part 2 Adoption of National Law
Section 17B
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17B Application for approval in principle
For the Education and Care Services National Law (ACT),
section 107 (2), an application for an approval in principle must be
made to the Regulatory Authority not later than—
(a) if, under the Planning Act 2023, a development approval is
required for the education and care service premises—the day
before the application for development approval is made; or
(b) in any other case—the day before an application for building
approval for the education and care service premises is made
under the Building Act 2004.
18 Penalty at end of provision
In the Education and Care Services National Law (ACT) a penalty
specified at the end of a provision indicates that a contravention of
the provision is punishable on conviction by a penalty not more than
the specified penalty.
Miscellaneous Part 3
Section 19
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Part 3 Miscellaneous
19 Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Part 10 Transitional—Applications for service approval
Section 50
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Part 10 Transitional—Applications for
service approval
50 Meaning of commencement day—pt 10
In this part:
commencement day means the day the Education and Care Services
National Law (ACT) Amendment Act 2024, section 5 commences.
51 Application of national law, s 49A to certain applications
for approval
(1) This section applies if—
(a) before, on or after the commencement day, an application for
service approval for an education and care service is made under
the Education and Care Services National Law (ACT),
section 43 (Application for service approval); and
(b) before the commencement day—
(i) if, under the Planning Act 2023, a development approval is
required for the education and care service premises—
an application for a development approval for the premises
is made; or
(ii) in any other case—an application for building approval for
the education and care service premises is made under the
Building Act 2004.
(2) The Education and Care Services National Law (ACT), section 49A
(Additional ground for refusal in certain participating jurisdictions—
mandatory approval in principle) does not apply to the application for
service approval.
Transitional—Applications for service approval Part 10
Section 52
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52 Expiry—pt 10
This part expires 5 years after the commencement day.
Note A transitional provision is repealed on its expiry but continues to have
effect after its repeal (see Legislation Act, s 88).
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• director-general (see s 163)
• domestic partnership (see s 169 (2))
• Magistrates Court
• Supreme Court
• territory law.
Education and Care Services National Law (ACT) means the
provisions applying in this jurisdiction because of section 6.
Victorian Act means the Education and Care Services National Law
Act 2010 (Vic).
Note A reference to a law (including a Victorian Act) includes a reference to
the law as originally made and as amended (see Legislation Act, s 102).
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Education and Care Services National Law (ACT) Act 2011 A2011-42
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
remainder commenced 1 January 2012 (s 2 and CN2011-16)
as amended by
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 1 pt 1.1
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))
sch 1 pt 1.1 commenced 25 November 2013 (s 2)
Freedom of Information Act 2016 A2016-55 sch 4 pt 4.9 (as am by
A2017-14 s 19)
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.9 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)
Justice and Community Safety Legislation Amendment Act 2017
(No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))
Note This Act only amends the Freedom of Information Act 2016
A2016-55.
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.12
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.12 commenced 23 June 2021 (s 2 (1))
Education and Care Services National Law (ACT) Amendment
Act 2024 A2024-33
notified LR 10 July 2024
s 1, s 2 commenced 10 July 2024 (LA s 75 (1))
s 5, s 7, s 8, s 13 commenced 10 October 2024 (s 2 (2))
remainder commenced 11 July 2024 (s 2 (1))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Adoption of Education and Care Services National Law
s 6 am A2013-44 amdt 1.1
(6), (7) exp 25 November 2013 (s 6 (7))
am A2024-33 s 4, s 6, s 9
(7), (8) exp 11 July 2024 (s 6 (8))
am A2024-33 s 5, s 7, s 8; ss renum R10 LA
Exclusion of territory laws
s 7 am A2016-55 amdt 4.11; A2024-33 s 10, s 11; pars, ss renum
R8 LA
Regulatory Authority
s 10 am A2021-12 amdt 3.28
Part 4 building law and Part 4 planning law
s 17A ins A2024-33 s 12
Application for approval in principle
s 17B ins A2024-33 s 12
Transitional
pt 4 hdg exp 1 January 2015 (s 23)
Definitions—pt 4
s 20 exp 1 January 2015 (s 23)
def childcare services standards exp 1 January 2015 (s 23)
def government preschool exp 1 January 2015 (s 23)
def licensed childcare service exp 1 January 2015 (s 23)
Transitional definitions
s 21 exp 1 January 2015 (s 23)
Transitional regulations
s 22 exp 1 January 2013 (s 22 (4))
Expiry—pt 4
s 23 exp 1 January 2015 (s 23)
Transitional—Applications for service approval
pt 10 hdg ins A2024-33 s 13
exp 10 October 2029 (s 52)
Meaning of commencement day—pt 10
s 50 ins A2024-33 s 13
exp 10 October 2029 (s 52)
Endnotes
4 Amendment history
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Application of national law, s 49A to certain applications for approval
s 51 ins A2024-33 s 13
exp 10 October 2029 (s 52)
Expiry—pt 10
s 52 ins A2024-33 s 13
exp 10 October 2029 (s 52)
Dictionary
dict am A2021-12 amdt 3.29, amdt 3.30
Endnotes
Earlier republications 5
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
1 Jan 2012
1 Jan 2012–
1 Jan 2013
not amended new Act
R2
2 Jan 2013
2 Jan 2013–
24 Nov 2013
not amended expiry of
transitional
provision (s 22)
R3
25 Nov 2013
25 Nov 2013–
25 Nov 2013
A2013-44 amendments by
A2013-44
R4
26 Nov 2013
26 Nov 2013–
1 Jan 2015
A2013-44 expiry of provision
(s 6 (6), (7))
R5
2 Jan 2015
2 Jan 2015–
31 Dec 2017
A2013-44 expiry of
transitional
provision (pt 4)
R6
1 Jan 2018
1 Jan 2018–
22 June 2021
A2017-14 amendments by
A2016-55 (as
amended by
A2017-14)
R7
23 June 2021
23 June 2021–
10 July 2024
A2021-12 amendments by
A2021-12
R8
11 July 2024
11 July 2024–
11 July 2024
A2024-33 amendments by
A2024-33
R9
12 July 2024
12 July 2024–
9 Oct 2024
A2024-33 expiry of provision
(s 6 (7), (8))