Education and Care Services National Law Application Bill 2025

13—1 page i Western Australia Education and Care Services National Law Application Bill 2025 Contents Part 1 — Preliminary

1. Short title 2
2. Commencement 2
3. Terms used 2
4. Act binds Crown 4 Part 2 — Education and Care Services National Law Division 1 — Application of National Law
5. Application of National Law as law of the State 5
6. Tabling amending Acts 5
7. Disallowance of amending Acts 6
8. Commencement of provisions of amending Acts 7
9. Amending Acts enacted after 30 April 2025 but before commencement day 7
10. Tabling of amending Act taken to be publication for Standing Orders 7 Division 2 — Application of National Regulations
11. Application of National Regulations as subsidiary legislation of the State 8
12. Tabling amending regulations 9
13. Disallowance of amending regulations 9
14. Commencement of provisions of amending regulations 10

Education and Care Services National Law Application Bill 2025 Contents page ii 15. Tabling of amending regulations taken to be publication for Standing Orders 11 16. Amendment of National Regulations by amending Act provision 11 Division 3 — Jurisdiction-specific matters for National Law 17. Commencement of National Law as law of the State 11 18. Meaning of generic terms in Education and Care Services National Law (WA) for purposes of this jurisdiction 12 19. Children’s services law 13 20. Children’s services regulator 13 21. Education law 13 22. Former education and care services law 13 23. Infringements law 14 24. Public sector law 14 25. Regulatory Authority 14 26. Relevant tribunal or court 14 27. Working with children law 15 Division 4 — Relationship with other laws 28. Interaction between Education and Care Services National Law (WA) and this Act 15 29. Exclusion of legislation of this jurisdiction 15 30. Application of Public Sector Management Act 1994 to specific entities 16 Part 3 — Modification of National Law 31. Modification of National Law 18 32. Transitional modification regulations 18 33. Section 3 of National Law modified 19 34. Section 5 of National Law modified 19 35. Section 10 of National Law modified 21 36. Section 11 of National Law modified 21 37. Section 17 of National Law replaced 22 38. Section 22 of National Law modified 22 39. Section 25 of National Law modified 22

Education and Care Services National Law Application Bill 2025 Contents page iii 40. Section 37 of National Law modified 23 41. Section 39 of National Law modified 23 42. Section 40 of National Law modified 24 43. Section 44 of National Law modified 24 44. Section 51 of National Law modified 24 45. Section 54 of National Law modified 24 46. Section 56 of National Law modified 25 47. Section 59 of National Law modified 25 48. Section 62 of National Law modified 25 49. Section 70 of National Law modified 25 50. Section 85 of National Law modified 26 51. Section 88 of National Law modified 26 52. Section 95 of National Law modified 26 53. Section 139 of National Law modified 26 54. Section 141 of National Law modified 27 55. Section 179A of National Law modified 27 56. Part 7 Division 3A inserted in National Law 27 57. Section 197 of National Law modified 30 58. Section 204 of National Law modified 30 59. Section 206 of National Law modified 31 60. Section 215 of National Law modified 31 61. Section 216 of National Law modified 31 62. Section 219 of National Law modified 31 63. Section 225 of National Law modified 32 64. Section 270 of National Law modified 32 65. Section 302 of National Law modified 33 66. Section 303 of National Law modified 33 67. Part 15 Divisions 1 to 6 of National Law deleted 33 68. Section 336 of National Law modified 33 69. Section 337 of National Law modified 33 70. Section 338 of National Law modified 34 71. Section 339 of National Law modified 34 72. Schedule 1 of National Law modified 34 Part 4 — Other matters 73. Local regulations 35 74. Review of Act 35

Education and Care Services National Law Application Bill 2025 Contents page iv Part 5 — Repeals and transitional provisions Division 1 — Repeals 75. Written laws repealed 37 Division 2 — Transitional provisions 76. Terms used 37 77. Application of Interpretation Act 1984 38 78. References to the Law and this Law 38 79. New Law operates as continuation of former Law 39 80. New regulations operate as continuation of former regulations 44 81. Transitional regulations 46 Part 6 — Consequential amendments Division 1 — Amendment to this Act 82. Act amended 48 83. Section 29 amended 48 Division 2 — Parliamentary Commissioner Act 1971 amended 84. Act amended 48 85. Section 19D amended 48 86. Schedule 2 amended 48 Division 3 — Privacy and Responsible Information Sharing Act 2024 amended 87. Act amended 49 88. Part 6 Division 1 deleted 49 Division 4 — Spent Convictions Act 1988 amended 89. Act amended 49 90. Schedule 3 amended 49 Division 5 — Working with Children (Screening) Act 2004 amended 91. Act amended 50 92. Section 4 amended 50 93. Section 5 amended 50

Education and Care Services National Law Application Bill 2025 Contents page v Division 6 — Other amendments 94. References to “Education and Care Services National Law (Western Australia)” amended 50 Defined terms

page 1 Western Australia LEGISLATIVE ASSEMBLY Education and Care Services National Law Application Bill 2025 A Bill for An Act — • to apply the Education and Care Services National Law (with modifications) as a law of the State; and • to repeal the Education and Care Services National Law (WA) Act 2012 and the Education and Care Services National Regulations 2012; and • to make savings and transitional arrangements; and • to make consequential amendments to various other Acts; and • for related purposes. The Parliament of Western Australia enacts as follows:

Education and Care Services National Law Application Bill 2025 Part 1 Preliminary s. 1 page 2 Part 1 — Preliminary1

1. Short title2 This is the Education and Care Services National Law3 Application Act 2025.4
2. Commencement5 (1) This Act comes into operation as follows —6 (a) Part 1 (but only sections 1 and 2) — on the day on7 which this Act receives the Royal Assent;8 (b) Part 6 Division 1 comes into operation —9 (i) if the Privacy and Responsible Information10 Sharing Act 2024 Schedule 1 comes into11 operation on or before the day on which12 section 29 of this Act comes into operation —13 immediately after section 29 of this Act comes14 into operation; or15 (ii) otherwise — on the day on which the Privacy16 and Responsible Information Sharing Act 202417 Schedule 1 comes into operation;18 (c) the rest of the Act — on a day fixed by proclamation19 (proclamation day).20 (2) If the Privacy and Responsible Information Sharing Act 202421 section 231 comes into operation before proclamation day,22 Part 6 Division 3 of this Act —23 (a) does not come into operation; and24 (b) is deleted on proclamation day.25
3. Terms used26 (1) In this Act —27 amend, the National Law or National Regulations, means —28 (a) add to the National Law or National Regulations; or29

Education and Care Services National Law Application Bill 2025 Preliminary Part 1 s. 3 page 3 (b) renumber, replace, substitute or repeal 1 or more1 provisions of the National Law or National Regulations;2 or3 (c) otherwise vary the National Law or National4 Regulations;5 amending Act means a Victorian Act that —6 (a) receives the Royal Assent after 30 April 2025; and7 (b) amends the National Law or National Regulations;8 amending regulations means regulations that —9 (a) are made by the Ministerial Council under section 30110 of the National Law after commencement day; and11 (b) amend the National Regulations;12 commencement day means the day on which section 5 comes13 into operation;14 Education and Care Services National Law Regulations (WA)15 means the provisions applying as subsidiary legislation for the16 purposes of the Education and Care Services National Law17 (WA) because of section 11;18 Education and Care Services National Law (WA) means the19 National Law as it applies in the State because of section 5;20 local regulations means regulations made under section 73;21 National Law means the Education and Care Services National22 Law set out in the Schedule to the Education and Care Services23 National Law Act 2010 (Victoria);24 National Regulations means the regulations made by the25 Ministerial Council under section 301 of the National Law;26 transitional modification regulation has the meaning given in27 section 32(3).28 (2) If a term used in this Act is given a meaning in the Education29 and Care Services National Law (WA), it has the same meaning30 in this Act.31

Education and Care Services National Law Application Bill 2025 Part 1 Preliminary s. 4 page 4 4. Act binds Crown1 This Act binds the Crown in right of Western Australia and, so2 far as the legislative power of the Parliament permits, the Crown3 in all its other capacities.4

Education and Care Services National Law Application Bill 2025 Education and Care Services National Law Part 2 Application of National Law Division 1 s. 5 page 5 Part 2 — Education and Care Services National Law1 Division 1 — Application of National Law2 5. Application of National Law as law of the State3 (1) In this section —4 Education and Care Services National Law means the National5 Law as in force on 30 April 2025 —6 (a) as amended by each amending Act that —7 (i) has effect for the purposes of this Part under8 section 7; and9 (ii) has come into operation for the purposes of this10 Part under section 8;11 and12 (b) as modified by —13 (i) Part 3; and14 (ii) the transitional modification regulations (if any).15 (2) The Education and Care Services National Law —16 (a) applies as a law of the State; and17 (b) as so applying, may be referred to as the Education and18 Care Services National Law (WA); and19 (c) so applies as if it were an Act.20 6. Tabling amending Acts21 An amending Act must be laid before each House of Parliament22 within 18 sitting days of the House after the day on which that23 Act receives the Royal Assent.24

Education and Care Services National Law Application Bill 2025 Part 2 Education and Care Services National Law Division 1 Application of National Law s. 7 page 6 7. Disallowance of amending Acts1 (1) In this section —2 disallowance period, in relation to a disallowance resolution of3 which notice is given in a House of Parliament, means the4 period of 30 sitting days of the House after the day on which the5 notice is given;6 disallowance resolution means a resolution that an amending7 Act be disallowed;8 notice period, in relation to an amending Act laid before a9 House of Parliament under section 6, means the period of10 14 sitting days of the House after the day on which the11 amending Act is laid before it.12 (2) An amending Act has effect for the purposes of this Part if the13 amending Act is laid before each House of Parliament under14 section 6 and either —15 (a) no notice of a disallowance resolution is given in either16 House within the notice period; or17 (b) at least 1 notice of a disallowance resolution is given in18 a House within the notice period and, for each such19 notice, 1 of the following applies —20 (i) the notice is withdrawn or discharged within the21 disallowance period;22 (ii) the disallowance resolution is lost in the House23 or not agreed to within the disallowance period.24 (3) For the purposes of this section and section 6 —25 (a) the period specified in section 6, a notice period or a26 disallowance period continues to run even though a27 House of Parliament is prorogued or dissolved or28 expires; and29 (b) notice of a disallowance resolution given in a House of30 Parliament, or a motion that an amending Act be31

Education and Care Services National Law Application Bill 2025 Education and Care Services National Law Part 2 Application of National Law Division 1 s. 8 page 7 disallowed in the House, does not lapse even though the1 House is prorogued or dissolved or expires.2 8. Commencement of provisions of amending Acts3 (1) If an amending Act has effect for the purposes of this Part under4 section 7(2), the Governor must declare that fact by5 proclamation as soon as practicable.6 (2) If a provision of the amending Act has come into operation in7 Victoria before the proclamation is published —8 (a) the proclamation must fix a day on which the provision9 comes into operation for the purposes of this Part, which10 must be after the day on which the proclamation is11 published; and12 (b) the provision comes into operation for the purposes of13 this Part on that day.14 (3) If a provision of the amending Act has not come into operation15 in Victoria before the proclamation is published, the provision16 comes into operation for the purposes of this Part when the17 provision comes into operation in Victoria.18 9. Amending Acts enacted after 30 April 2025 but before19 commencement day20 If an amending Act receives the Royal Assent after21 30 April 2025, but before commencement day, sections 6 to 822 apply to that Act as if it received the Royal Assent on23 commencement day.24 10. Tabling of amending Act taken to be publication for25 Standing Orders26 (1) In this section —27 parliamentary committee means a committee established by28 either or both of the Houses of Parliament.29

Education and Care Services National Law Application Bill 2025 Part 2 Education and Care Services National Law Division 2 Application of National Regulations s. 11 page 8 (2) If a Standing Order of a House of Parliament provides that on1 the publication of an instrument under a written law the2 instrument is referred to a parliamentary committee for3 consideration, the laying of an amending Act before the House4 under section 6 is taken to be publication of that Act for the5 purposes of the Standing Order.6 (3) This section does not apply if the Standing Orders of the House7 provide specifically for an amending Act to be considered by a8 parliamentary committee.9 Division 2 — Application of National Regulations10 11. Application of National Regulations as subsidiary legislation11 of the State12 (1) In this section —13 Education and Care Services National Law Regulations means14 the National Regulations as in force on commencement day —15 (a) as amended by —16 (i) each amending regulation that has effect under17 section 13, and has come into operation under18 section 14, for the purposes of this Part; and19 (ii) each amending Act that has effect under20 section 7, and has come into operation under21 section 8, for the purposes of this Part;22 and23 (b) as modified by local regulations.24 (2) The Education and Care Services National Law Regulations —25 (a) apply as a law of the State; and26 (b) as so applying, may be referred to as the Education and27 Care Services National Law Regulations (WA); and28 (c) apply as subsidiary legislation for the purposes of the29 Education and Care Services National Law (WA).30

Education and Care Services National Law Application Bill 2025 Education and Care Services National Law Part 2 Application of National Regulations Division 2 s. 12 page 9 12. Tabling amending regulations1 Amending regulations must be laid before each House of2 Parliament within 18 sitting days of the House after the day on3 which the amending regulations are published on the NSW4 Legislation website in accordance with section 302(1) of the5 National Law.6 Note for this section:7 Under section 29(1), the Interpretation Act 1984 sections 41 and 42 do8 not apply to amending regulations.9 13. Disallowance of amending regulations10 (1) In this section —11 disallowance period, in relation to a disallowance resolution of12 which notice is given in a House of Parliament, means the13 period of 30 sitting days of the House after the day on which the14 notice is given;15 disallowance resolution means a resolution that amending16 regulations be disallowed;17 notice period, in relation to amending regulations laid before a18 House of Parliament under section 12, means the period of19 14 sitting days of the House after the day on which the20 amending regulations are laid before it.21 (2) Amending regulations have effect for the purposes of this Part if22 the amending regulations are laid before each House of23 Parliament under section 12 and either —24 (a) no notice of a disallowance resolution is given in either25 House within the notice period; or26 (b) at least 1 notice of a disallowance resolution is given in27 a House within the notice period and, for each such28 notice, 1 of the following applies —29 (i) the notice is withdrawn or discharged within the30 disallowance period;31

Education and Care Services National Law Application Bill 2025 Part 2 Education and Care Services National Law Division 2 Application of National Regulations s. 14 page 10 (ii) the disallowance resolution is lost in the House1 or not agreed to within the disallowance period.2 (3) For the purposes of this section and section 12 —3 (a) the period specified in section 12, a notice period or a4 disallowance period continues to run even though a5 House of Parliament is prorogued or dissolved or6 expires; and7 (b) notice of a disallowance resolution given in a House of8 Parliament, or a motion that amending regulations be9 disallowed in the House, does not lapse even though the10 House is prorogued or dissolved or expires.11 14. Commencement of provisions of amending regulations12 (1) If amending regulations have effect for the purposes of this Part13 under section 13(2), the Governor must declare that fact by14 proclamation as soon as practicable.15 (2) If a provision of the amending regulations has come into16 operation under the National Law before the proclamation is17 published —18 (a) the proclamation must fix a day on which the provision19 comes into operation for the purposes of this Part, which20 must be after the day on which the proclamation is21 published; and22 (b) the provision comes into operation for the purposes of23 this Part on that day.24 (3) If a provision of the amending regulations has not come into25 operation under the National Law before the proclamation is26 published, the provision comes into operation for the purposes27 of this Part when the provision comes into operation under the28 National Law.29

Education and Care Services National Law Application Bill 2025 Education and Care Services National Law Part 2 Jurisdiction-specific matters for National Law Division 3 s. 15 page 11 15. Tabling of amending regulations taken to be publication for1 Standing Orders2 (1) In this section —3 parliamentary committee means a committee established by4 either or both of the Houses of Parliament.5 (2) If a Standing Order of a House of Parliament provides that on6 the publication of an instrument under a written law the7 instrument is referred to a parliamentary committee for8 consideration, the laying of amending regulations before the9 House under section 12 is taken to be publication of the10 amending regulations for the purposes of the Standing Order.11 (3) This section does not apply if the Standing Orders of the House12 provide specifically for amending regulations to be considered13 by a parliamentary committee.14 16. Amendment of National Regulations by amending Act15 provision16 (1) If the National Regulations are amended by a provision of an17 amending Act, the amendment of the regulations has effect for18 the purposes of this Part if —19 (a) the amending Act has effect for the purposes of this Part20 under section 7; and21 (b) the provision of the amending Act comes into operation22 for the purposes of this Part under section 8.23 (2) Sections 12 and 13 do not apply to an amendment of the24 National Regulations made by an amending Act.25 Division 3 — Jurisdiction-specific matters for National Law26 17. Commencement of National Law as law of the State27 For the purposes of the Education and Care Services National28 Law (WA) section 2, the Law as it applies in the State because29

Education and Care Services National Law Application Bill 2025 Part 2 Education and Care Services National Law Division 3 Jurisdiction-specific matters for National Law s. 18 page 12 of section 5 of this Act comes into operation on commencement1 day.2 18. Meaning of generic terms in Education and Care Services3 National Law (WA) for purposes of this jurisdiction4 In the Education and Care Services National Law (WA) —5 child protection law means the Children and Community6 Services Act 2004;7 court means the Magistrates Court of Western Australia8 established under the Magistrates Court Act 2004 section 4(1);9 de facto relationship has the meaning given in the10 Interpretation Act 1984 section 13A;11 local authority means a local government established under the12 Local Government Act 1995;13 magistrate means —14 (a) a magistrate as defined in the Magistrates Court15 Act 2004 section 3; or16 (b) a justice of the peace;17 public authority means —18 (a) a department of the Public Service; or19 (b) a State agency or instrumentality; or20 (c) a local government, regional local government or21 regional subsidiary; or22 (d) a body, whether corporate or unincorporate, or the23 holder of an office, post or position, established or24 continued for a public purpose under a written law;25 registered teacher has the meaning given in the Teacher26 Registration Act 2012 section 3;27 superior court means the Supreme Court of Western Australia;28 this jurisdiction means Western Australia.29

Education and Care Services National Law Application Bill 2025 Education and Care Services National Law Part 2 Jurisdiction-specific matters for National Law Division 3 s. 19 page 13 19. Children’s services law1 For the purposes of the definition of children’s services law in2 the Education and Care Services National Law (WA)3 section 5(1), the Child Care Services Act 2007 and the4 regulations made under that Act are declared to be a children’s5 services law in relation to this jurisdiction for the purposes of6 that Law.7 20. Children’s services regulator8 For the purposes of the definition of children’s services9 regulator in the Education and Care Services National Law10 (WA) section 5(1), the chief executive officer of the department11 principally assisting in the administration of the Child Care12 Services Act 2007 is declared to be the children’s services13 regulator in relation to this jurisdiction for the purposes of that14 Law.15 21. Education law16 For the purposes of the definition of education law in the17 Education and Care Services National Law (WA) section 5(1),18 each of the following laws is declared to be an education law in19 relation to this jurisdiction for the purposes of that Law —20 (a) the School Education Act 1999 and the regulations made21 under that Act;22 (b) the Teacher Registration Act 2012 and the regulations23 made under that Act.24 22. Former education and care services law25 For the purposes of the definition of former education and care26 services law in the Education and Care Services National Law27 (WA) section 5(1), each of the following laws is declared to be a28

Education and Care Services National Law Application Bill 2025 Part 2 Education and Care Services National Law Division 3 Jurisdiction-specific matters for National Law s. 23 page 14 former education and care services law in relation to this1 jurisdiction for the purposes of that Law —2 (a) the Education and Care Services National Law (Western3 Australia) and the regulations made under that Law;4 (b) the Child Care Services Act 2007 and the regulations5 made under that Act (both as in force immediately6 before the commencement of the Education and Care7 Services National Law (Western Australia) Part 3).8 23. Infringements law9 For the purposes of the definition of infringements law in the10 Education and Care Services National Law (WA) section 5(1),11 the Criminal Procedure Act 2004 Part 2 and the regulations12 made for the purposes of that Part of that Act are declared to be13 an infringements law in relation to this jurisdiction for the14 purposes of that Law.15 24. Public sector law16 For the purposes of the definition of public sector law in the17 Education and Care Services National Law (WA) section 5(1),18 the Public Sector Management Act 1994 and the regulations19 made under that Act are declared to be a public sector law in20 relation to this jurisdiction for the purposes of that Law.21 25. Regulatory Authority22 For the purposes of the definition of Regulatory Authority in23 the Education and Care Services National Law (WA)24 section 5(1), the chief executive officer of the department25 principally assisting in the administration of the Child Care26 Services Act 2007 is declared to be the Regulatory Authority in27 relation to this jurisdiction for the purposes of that Law.28 26. Relevant tribunal or court29 For the purposes of the definition of relevant tribunal or court30 in the Education and Care Services National Law (WA)31

Education and Care Services National Law Application Bill 2025 Education and Care Services National Law Part 2 Relationship with other laws Division 4 s. 27 page 15 section 5(1), the State Administrative Tribunal is declared to be1 the relevant tribunal or court in relation to this jurisdiction for2 the purposes of that Law.3 27. Working with children law4 For the purposes of the definition of working with children law5 in the Education and Care Services National Law (WA)6 section 5(1), the Working with Children (Screening) Act 20047 and the regulations made under that Act are declared to be a8 working with children law in relation to this jurisdiction for the9 purposes of that Law.10 Division 4 — Relationship with other laws11 28. Interaction between Education and Care Services National12 Law (WA) and this Act13 If a provision of this Act is inconsistent with the Education and14 Care Services National Law (WA), the provision of this Act15 prevails to the extent of the inconsistency.16 29. Exclusion of legislation of this jurisdiction17 (1) The Interpretation Act 1984 does not apply to the Education18 and Care Services National Law (WA) or to the Education and19 Care Services National Law Regulations (WA).20 Note for this subsection:21 See the Education and Care Services National Law (WA) section 6.22 (2) The following enactments of this jurisdiction do not apply to the23 Education and Care Services National Law (WA) or to the24 instruments made under the Law (except as applied under the25 Law) —26 (a) the Auditor General Act 2006;27 (b) the Financial Management Act 2006;28 (c) the Freedom of Information Act 1992;29 (d) the Parliamentary Commissioner Act 1971;30

Education and Care Services National Law Application Bill 2025 Part 2 Education and Care Services National Law Division 4 Relationship with other laws s. 30 page 16 (e) the Public Sector Management Act 1994;1 (f) the State Records Act 2000.2 (3) However, an Act mentioned in subsection (2) applies to a public3 sector body as defined in the Public Sector Management4 Act 1994 section 3(1), and an employee of the body, performing5 a function under the Education and Care Services National6 Law (WA).7 30. Application of Public Sector Management Act 1994 to8 specific entities9 (1) This section applies for the purposes of the Education and Care10 Services National Law (WA) and any other Act or law.11 (2) Each of the following bodies is not an agency as defined in the12 Public Sector Management Act 1994 section 3(1) —13 (a) the Ministerial Council as defined in the Education and14 Care Services National Law (WA) section 5(1);15 (b) the Australian Children’s Education and Care Quality16 Authority (the National Authority) established under the17 Education and Care Services National Law (WA)18 section 224(1);19 (c) the Australian Children’s Education and Care Quality20 Authority Board (the Board) established under the21 Education and Care Services National Law (WA)22 section 230;23 (d) a committee established by the Board under the24 Education and Care Services National Law (WA)25 section 247(1);26 (e) a person declared by a law of a participating jurisdiction,27 other than this jurisdiction, to be the Regulatory28 Authority for that jurisdiction or for a class of education29 and care services for that jurisdiction;30

Education and Care Services National Law Application Bill 2025 Education and Care Services National Law Part 2 Relationship with other laws Division 4 s. 30 page 17 (f) the Ratings Review Panel established under the1 Education and Care Services National Law (WA)2 section 146(1).3 (3) To the extent that a person is any of the following under the4 Education and Care Services National Law (WA), the person is5 not a public service officer as defined in the Public Sector6 Management Act 1994 section 3(1) —7 (a) a member of the Board;8 (b) the chief executive officer of the National Authority;9 (c) an employee of a body mentioned in subsection (2);10 (d) a person engaged by the National Authority as a11 consultant or contractor.12

Education and Care Services National Law Application Bill 2025 Part 3 Modification of National Law s. 31 page 18 Part 3 — Modification of National Law1 31. Modification of National Law2 (1) For the purposes of the definition of Education and Care3 Services National Law in section 5(1), the National Law applies4 as if amended as set out in this Part.5 (2) However, if a transitional modification regulation is in effect,6 the National Law applies as if amended as set out in —7 (a) this Part, other than the sections disapplied by the8 regulation; and9 (b) the regulation.10 32. Transitional modification regulations11 (1) This section applies if —12 (a) an amending Act has effect for the purpose of Part 213 under section 7; and14 (b) a modification of the National Law set out in this Part15 cannot be given effect because of an amendment of the16 National Law made by the amending Act (the affected17 modification).18 (2) Local regulations may —19 (a) disapply the section that sets out the affected20 modification; or21 (b) set out a modification of the National Law to the extent22 necessary to give effect to the affected modification; or23 (c) provide for a matter or issue of a transitional nature that24 arises as a result of the amending Act coming into25 operation or a local regulation setting out a modification26 as mentioned in paragraph (b); or27 (d) provide for a matter or issue of a savings or application28 nature in relation to an affected modification.29

Education and Care Services National Law Application Bill 2025 Modification of National Law Part 3 s. 33 page 19 (3) If a local regulation does, or provides for, a thing mentioned in1 subsection (2) (a transitional modification regulation), the2 regulation expires 12 months after the day on which the3 regulation comes into operation.4 (4) However, if the transitional modification regulation does either5 of the following things in relation to an affected modification,6 the regulation expires within the 12 months when an7 amendment of the section of this Part that sets out the affected8 modification comes into operation —9 (a) disapplies the section that sets out the affected10 modification;11 (b) sets out a modification of the National Law to give12 effect to the affected modification.13 33. Section 3 of National Law modified14 In section 3(3)(a) of the National Law delete “rights and”.15 34. Section 5 of National Law modified16 (1) In section 5(1) of the National Law delete the definitions of:17 parent18 preschool program19 school children20 (2) In section 5(1) of the National Law insert in alphabetical order:21 22 community kindergarten means a kindergarten23 registered under the School Education24 Act 1999 Part 5;25 disciplinary action means disciplinary action26 under Part 7 Division 3A;27

Education and Care Services National Law Application Bill 2025 Part 3 Modification of National Law s. 34 page 20 educational program means an educational1 programme as defined in the School2 Education Act 1999 section 4;3 executor, in relation to an approved provider,4 includes a person —5 (a) entitled to a grant of letters of6 administration in relation to the estate7 of the approved provider, including8 with the will annexed; or9 (b) granted letters of administration in10 relation to the estate of the approved11 provider, including with the will12 annexed; or13 (c) granted probate of the will of the14 approved provider; or15 (d) named as executor in a valid will of the16 approved provider;17 parent, in relation to a child, means a person who18 at law has responsibility for —19 (a) the long-term care, welfare and20 development of the child; or21 (b) the day-to-day care, welfare and22 development of the child;23 school children includes students, as defined in24 the School Education Act 1999 section 4,25 attending school before grade 1;26 27

Education and Care Services National Law Application Bill 2025 Modification of National Law Part 3 s. 35 page 21 (3) In section 5(1) of the National Law in the definition of1 education and care service:2 (a) delete paragraphs (a) and (b) and insert:3 4 (a) a school providing an educational5 program to school children in6 accordance with the School Education7 Act 1999; or8 (b) a community kindergarten providing an9 educational program to children in10 accordance with the School Education11 Act 1999; or12 13 (b) after paragraph (h) in the example delete “services, outside14 school hours services and preschool programs including those15 delivered in schools,” and insert:16 17 services and outside school hours services,18 19 35. Section 10 of National Law modified20 In section 10(3)(a) of the National Law after “information”21 insert:22 23 requested under section 11(c)24 25 36. Section 11 of National Law modified26 In section 11(c) of the National Law delete “information; and”27 and insert:28 29 information requested by the Regulatory Authority; and30 31

Education and Care Services National Law Application Bill 2025 Part 3 Modification of National Law s. 37 page 22 37. Section 17 of National Law replaced1 Delete section 17 of the National Law and insert:2 3 17. Duration of provider approval4 A provider approval granted under section 155 continues in force until—6 (a) cancelled or suspended under this Law or7 this Law as applying in a participating8 jurisdiction; or9 (b) if the provider approval is granted to an10 individual—the individual dies.11 12 38. Section 22 of National Law modified13 In section 22(2)(b) of the National Law delete “information;14 and” and insert:15 16 information requested by the Regulatory Authority; and17 18 39. Section 25 of National Law modified19 In section 25 of the National Law:20 (a) delete paragraph (a) and insert:21 22 (a) the approved provider, or a person with23 management or control of an education and24 care service operated by the approved25 provider, has been charged with an26 indictable offence, or with an offence that if27 committed in this jurisdiction would be an28 indictable offence, or any other29 circumstance indicates that the approved30

Education and Care Services National Law Application Bill 2025 Modification of National Law Part 3 s. 40 page 23 provider, or a person with management or1 control of an education and care service2 operated by the approved provider, may not3 be a fit and proper person to be involved in4 the provision of an education and care5 service; or6 7 (b) delete paragraph (g) and insert:8 9 (g) the approved provider has not paid—10 (i) an amount due under an order made11 under, or in relation to proceedings12 commenced by an allegation made13 under, section 188AB; or14 (ii) any outstanding prescribed fees; or15 16 40. Section 37 of National Law modified17 In section 37(2)(b) of the National Law delete “information;18 and” and insert:19 20 information requested by the Regulatory Authority; and21 22 41. Section 39 of National Law modified23 In section 39(6)(b) of the National Law delete “information;24 and” and insert:25 26 information requested by the Regulatory Authority; and27 28

Education and Care Services National Law Application Bill 2025 Part 3 Modification of National Law s. 42 page 24 42. Section 40 of National Law modified1 In section 40(3)(b) of the National Law delete “information;2 and” and insert:3 4 information requested by the Regulatory Authority; and5 6 43. Section 44 of National Law modified7 In section 44(1)(c) of the National Law delete “information;8 and” and insert:9 10 information requested by the Regulatory Authority; and11 12 44. Section 51 of National Law modified13 In section 51(4B)(a) of the National Law delete “is, or 2 or more14 children from the same family are,” and insert:15 16 is17 18 45. Section 54 of National Law modified19 In section 54(2)(b) of the National Law delete “information;20 and” and insert:21 22 information requested by the Regulatory Authority; and23 24

Education and Care Services National Law Application Bill 2025 Modification of National Law Part 3 s. 46 page 25 46. Section 56 of National Law modified1 In section 56(2)(b) of the National Law delete “information;2 and” and insert:3 4 information requested by the Regulatory Authority; and5 6 47. Section 59 of National Law modified7 In section 59(2)(b) of the National Law delete “information;8 and” and insert:9 10 information requested by the Regulatory Authority; and11 12 48. Section 62 of National Law modified13 Delete section 62(4) of the National Law and insert:14 15 (4) A notification under subsection (2) must be in16 writing.17 18 49. Section 70 of National Law modified19 Delete section 70(i) of the National Law and insert:20 21 (i) the approved provider has not paid—22 (i) an amount due under an order made23 under, or in relation to proceedings24 commenced by an allegation made25 under, section 188AB; or26 (ii) any outstanding prescribed fees.27 28

Education and Care Services National Law Application Bill 2025 Part 3 Modification of National Law s. 50 page 26 50. Section 85 of National Law modified1 In section 85(2)(b) of the National Law delete “information;2 and” and insert:3 4 information requested by the Regulatory Authority; and5 6 51. Section 88 of National Law modified7 In section 88(b) of the National Law delete “information; and”8 and insert:9 10 information requested by the Regulatory Authority; and11 12 52. Section 95 of National Law modified13 In section 95(b) of the National Law delete “information; and”14 and insert:15 16 information requested by the Regulatory Authority; and17 18 53. Section 139 of National Law modified19 In section 139(2)(b) of the National Law delete “information;20 and” and insert:21 22 information requested by the Regulatory Authority; and23 24

Education and Care Services National Law Application Bill 2025 Modification of National Law Part 3 s. 54 page 27 54. Section 141 of National Law modified1 In section 141(4)(c) of the National Law delete “information;2 and” and insert:3 4 information requested by the Regulatory Authority; and5 6 55. Section 179A of National Law modified7 Delete section 179A(1)(a) of the National Law and insert:8 9 (a) if—10 (i) a person has, or a person believes the11 person may have, contravened a12 provision of this Law; or13 (ii) the Regulatory Authority alleges a14 person has contravened a provision of15 this Law; or16 17 56. Part 7 Division 3A inserted in National Law18 After Part 7 Division 3 of the National Law insert:19 20 Division 3A — Disciplinary action21 188AA Persons against whom disciplinary action may22 be taken23 In this Division—24 person linked to a WA service means any of the25 following—26 (a) an approved provider of a WA service;27

Education and Care Services National Law Application Bill 2025 Part 3 Modification of National Law s. 56 page 28 (b) a nominated supervisor of a1 WA service;2 (c) a person with management or control3 of a WA service;4 (d) a family day care educator engaged by5 or registered with a WA service;6 WA service means an education and care service7 located in this jurisdiction.8 188AB Disciplinary action9 (1) Grounds for disciplinary action exist in respect of10 a person linked to a WA service if—11 (a) the person has failed to comply with this12 Law as applying in this jurisdiction; or13 (b) the person is a person with management or14 control of a body corporate that is itself a15 person linked to a WA service and—16 (i) the body corporate has failed to comply17 with this law as applying in this18 jurisdiction; and19 (ii) the person with management or control20 of the body corporate has failed to21 exercise due diligence to prevent that22 failure.23 (2) If the Regulatory Authority of this jurisdiction24 considers that grounds for disciplinary action25 exist in respect of a person linked to a26 WA service, the Regulatory Authority may make27 an allegation to the relevant tribunal or court of28 this jurisdiction in respect of that person.29

Education and Care Services National Law Application Bill 2025 Modification of National Law Part 3 s. 56 page 29 (3) In proceedings commenced by an allegation1 under subsection (2) in respect of a person, the2 relevant tribunal or court of this jurisdiction, if3 satisfied that grounds for disciplinary action exist,4 may make one or more of the following orders—5 (a) an order reprimanding the person;6 (b) subject to section 188AC, an order7 requiring the person to pay a fine not8 exceeding $57 400;9 (c) an order to take certain actions, or refrain10 from taking certain actions, to comply with11 this Law.12 (4) The relevant tribunal or court may make an order13 under subsection (3)(a) or (b) in respect of a14 person whether or not at the time when the order15 is made the person is a person linked to a16 WA service.17 188AC Limitation on section 188AB(3)(b)18 (1) The power described in section 188AB(3)(b) to19 impose a fine, and the power of a court to impose20 a penalty for an offence under this Law as it21 applies in this or another participating22 jurisdiction, cannot both be exercised in respect23 of an act or omission of a person that is24 substantially the same.25 (2) A fine that exceeds the relevant maximum fine26 cannot be imposed under section 188AB(3)(b).27 (3) In this section—28 relevant maximum fine means, if the fine is to be29 imposed in respect of an act or omission30 that constitutes an offence under this Law,31

Education and Care Services National Law Application Bill 2025 Part 3 Modification of National Law s. 57 page 30 the maximum fine that could be imposed by1 a court for that offence.2 3 57. Section 197 of National Law modified4 (1) After section 197(1)(a) of the National Law insert:5 6 (aa) monitoring compliance with a working with7 children law by specified persons in8 relation to the provision of an education and9 care service;10 11 (2) In section 197(3) of the National Law delete “in the provision”12 and insert:13 14 in, or in relation to, the provision15 16 (3) After section 197(5) of the National Law insert:17 18 (6) In this section—19 specified person has the meaning given in20 section 206(4).21 22 58. Section 204 of National Law modified23 In section 204(1) of the National Law:24 (a) in paragraph (a) delete “Law; or” and insert:25 26 Law or a working with children law; or27 28

Education and Care Services National Law Application Bill 2025 Modification of National Law Part 3 s. 59 page 31 (b) in paragraph (b) delete “Law.” and insert:1 2 Law or a working with children law.3 4 59. Section 206 of National Law modified5 After section 206(1)(a) of the National Law insert:6 7 (aa) monitoring compliance with a working with8 children law by specified persons in9 relation to the provision of an education and10 care service;11 12 60. Section 215 of National Law modified13 (1) In section 215(2) of the National Law delete “specified”14 (1st occurrence).15 (2) Delete section 215(6) of the National Law.16 61. Section 216 of National Law modified17 (1) In section 216(2) of the National Law delete “specified”18 (1st occurrence).19 (2) Delete section 216(5) of the National Law.20 62. Section 219 of National Law modified21 (1) In section 219(2) of the National Law after “individual” insert:22 23 in any disciplinary proceedings, or24 25

Education and Care Services National Law Application Bill 2025 Part 3 Modification of National Law s. 63 page 32 (2) Delete section 219(3) of the National Law and insert:1 2 (3) Despite subsection (2), any information obtained3 from a document or documents required to be4 kept under this Law, or required under5 section 215(2)(b) or 216(2)(b), that is produced6 by a person is admissible in evidence against the7 person in disciplinary proceedings or in criminal8 proceedings under this Law.9 10 (3) In section 219(4) of the National Law in the definition of11 disclosed information:12 (a) in paragraph (b) delete “216; or” and insert:13 14 216.15 16 (b) delete paragraph (c).17 63. Section 225 of National Law modified18 In section 225(1)(l)(i) of the National Law delete “parents” and19 insert:20 21 parents, family members22 23 64. Section 270 of National Law modified24 In section 270(6) of the National Law:25 (a) in paragraph (c) delete “service.” and insert:26 27 service; or28 29

Education and Care Services National Law Application Bill 2025 Modification of National Law Part 3 s. 65 page 33 (b) after paragraph (c) insert:1 2 (d) a person against whom disciplinary action3 has been taken.4 5 65. Section 302 of National Law modified6 Delete section 302(2) of the National Law.7 66. Section 303 of National Law modified8 Delete section 303(2), (3) and (4) of the National Law.9 67. Part 15 Divisions 1 to 6 of National Law deleted10 Delete Part 15 Divisions 1 to 6 of the National Law.11 68. Section 336 of National Law modified12 In section 336(3) of the National Law delete the definition of13 commencement day and insert:14 15 commencement day means the day on which the16 Education and Care Services National Law17 (WA) section 5 comes into operation.18 19 69. Section 337 of National Law modified20 In section 337(2) of the National Law delete the definition of21 commencement day and insert:22 23 commencement day means the day on which the24 Education and Care Services National Law25 (WA) section 5 comes into operation.26 27

Education and Care Services National Law Application Bill 2025 Part 3 Modification of National Law s. 70 page 34 70. Section 338 of National Law modified1 In section 338(2) of the National Law delete the definition of2 commencement day and insert:3 4 commencement day means the day on which the5 Education and Care Services National Law6 (WA) section 5 comes into operation.7 8 71. Section 339 of National Law modified9 In section 339(2) of the National Law delete the definition of10 commencement day and insert:11 12 commencement day means the day on which the13 Education and Care Services National Law14 (WA) section 5 comes into operation.15 16 72. Schedule 1 of National Law modified17 At the end of Schedule 1 Part 2 of the National Law insert:18 19 11A Penalty at end of provision20 In this Law, a penalty specified at the end of a21 provision indicates that a contravention of the22 provision is an offence, the penalty on conviction23 for which is the penalty specified.24 25

Education and Care Services National Law Application Bill 2025 Other matters Part 4 s. 73 page 35 Part 4 — Other matters1 73. Local regulations2 (1) The Governor may make regulations prescribing all matters —3 (a) required or permitted by this Act to be prescribed; or4 (b) necessary or convenient to be prescribed for giving5 effect to this Act.6 (2) Without limiting subsection (1), the regulations may provide7 for —8 (a) modifications of the National Regulations for the9 purpose of applying the National Regulations in10 Western Australia; or11 (b) provisions of a savings or transitional nature for the12 purpose of accommodating differences between the13 National Regulations and the Education and Care14 Services National Law Regulations (WA); or15 (c) matters to be prescribed under the Criminal Procedure16 Act 2004 Part 2 for the purposes of the Education and17 Care Services National Law (WA); or18 (d) fees for things done under this Act or the Education and19 Care Services National Law (WA).20 (3) For the purposes of subsection (2)(c), the requirement to21 prescribe particular matters under the Criminal Procedure22 Act 2004 section 6 does not apply to the extent that the matter is23 provided for in the Education and Care Services National Law24 (WA).25 74. Review of Act26 (1) The Minister must review the operation and effectiveness of this27 Act, and prepare a report based on the review, as soon as28 practicable after the 5th anniversary of the day on which29 section 5 comes into operation.30

Education and Care Services National Law Application Bill 2025 Part 4 Other matters s. 74 page 36 (2) The Minister must cause the report to be laid before each House1 of Parliament as soon as practicable after it is prepared, but not2 later than 12 months after the 5th anniversary.3

Education and Care Services National Law Application Bill 2025 Repeals and transitional provisions Part 5 Repeals Division 1 s. 75 page 37 Part 5 — Repeals and transitional provisions1 Division 1 — Repeals2 75. Written laws repealed3 (1) The Education and Care Services National Law (WA) Act 20124 is repealed.5 (2) The Education and Care Services National Regulations 20126 are repealed.7 Division 2 — Transitional provisions8 76. Terms used9 (1) In this Division —10 former Law means the provisions applying in this State as the11 Education and Care Services National Law (Western Australia)12 because of section 4 of the repealed Act;13 former regulations means the Education and Care Services14 National Regulations 2012;15 new Law means the provisions applying in this State as the16 Education and Care Services National Law (WA) because of17 section 5 of this Act;18 new regulations means the provisions applying in this State as19 the Education and Care Services National Law Regulations20 (WA) because of section 11 of this Act;21 repealed Act means the Education and Care Services National22 Law (WA) Act 2012 as in force immediately before23 commencement day.24 (2) Also, in this Division —25 (a) a provision of this Act corresponds to a provision of the26 repealed Act, and vice versa, if the 2 provisions are27 substantially the same; and28

Education and Care Services National Law Application Bill 2025 Part 5 Repeals and transitional provisions Division 2 Transitional provisions s. 77 page 38 (b) a provision of the new Law corresponds to a provision1 of the former Law, and vice versa, if the 2 provisions are2 substantially the same; and3 (c) a provision of the new regulations corresponds to a4 provision of the former regulations, and vice versa, if5 the 2 provisions are substantially the same.6 77. Application of Interpretation Act 19847 (1) A provision of the Interpretation Act 1984 about the repeal of8 enactments and the substitution of other enactments applies as9 if —10 (a) the provisions of the repealed Act and the former Law11 were repealed by this Act; and12 (b) a provision of the repealed Act were re-enacted as the13 corresponding provision of this Act; and14 (c) a provision of the former Law were re-enacted as the15 corresponding provision of the new Law.16 (2) Despite subsection (1), the Interpretation Act 198417 sections 36(d) (to the extent it relates to subsidiary legislation)18 and 38 do not apply in relation to the repealed Act or the former19 Law.20 (3) Except to the extent that this Division or regulations made for21 the purposes of this Division provide differently, the22 Interpretation Act 1984 applies to and in relation to the repeals23 effected by section 75.24 78. References to the Law and this Law25 (1) In the Education and Care Services National Law (WA), unless26 the context otherwise requires —27 (a) a reference to the Law or this Law includes a reference28 to the former Law; and29

Education and Care Services National Law Application Bill 2025 Repeals and transitional provisions Part 5 Transitional provisions Division 2 s. 79 page 39 (b) a reference to something done under the Law includes a1 reference to the thing being done under the2 corresponding provision of the former Law.3 (2) In the Education and Care Services National Law Regulations4 (WA), unless the context otherwise requires —5 (a) a reference to the Law or this Law includes a reference6 to the former Law; and7 (b) a reference to something done under the Law includes a8 reference to the thing being done under the9 corresponding provision of the former Law or former10 regulations.11 (3) This section does not limit, and is not limited by, any other12 provision in this Division.13 79. New Law operates as continuation of former Law14 (1) In this section —15 administrative process includes any of the following processes16 done under the former Law —17 (a) the making and processing of an application;18 (b) the giving of, and responding to, a notice;19 (c) the making of a decision;20 compliance measure means —21 (a) a compliance direction given to an approved provider22 under the former Law section 176; or23 (b) a compliance notice given to an approved provider24 under the former Law section 177; or25 (c) a direction given under the former Law section 178(4)26 or 179(2); or27 (d) an undertaking from a person or an approved provider28 accepted under the former Law section 179A; or29 (e) an order made by the relevant tribunal or court under the30 former Law section 181(2) or 188AB(3); or31

Education and Care Services National Law Application Bill 2025 Part 5 Repeals and transitional provisions Division 2 Transitional provisions s. 79 page 40 (f) a prohibition notice given to a person under the former1 Law section 182;2 conduct, of a person, includes —3 (a) an act done, or omitted to be done, by the person; or4 (b) a failure of the person to comply with a direction or5 requirement applying to the person under a provision of6 the former Law or former regulations; or7 (c) the person inadequately providing an education and care8 service;9 disciplinary action means any of the following actions —10 (a) suspension of a provider approval under the former Law11 section 27, 28 or 33(1)(a)(ii);12 (b) suspension of a service approval under the former Law13 section 72, 73 or 79(1)(a)(ii);14 (c) cancellation of a provider approval under the former15 Law section 33;16 (d) cancellation of a service approval under the former Law17 section 79;18 (e) disciplinary action taken against a person linked to a19 WA service under the former Law section 188AB;20 notice includes a show cause notice given under the former Law21 section 26, 32, 71, 78, 178 or 183;22 rating level means a rating level for an approved education and23 care service determined by the Regulatory Authority after24 carrying out a rating assessment under the former Law25 section 135;26 review means —27 (a) an internal review of a reviewable decision under the28 former Law section 191; or29 (b) an external review of a reviewable decision under the30 former Law section 193; or31

Education and Care Services National Law Application Bill 2025 Repeals and transitional provisions Part 5 Transitional provisions Division 2 s. 79 page 41 (c) a review of a rating level of an approved education and1 care service under the former Law section 151;2 voluntary suspension means —3 (a) the voluntary suspension of a provider approval4 accepted under the former Law section 37; or5 (b) the voluntary suspension of a service approval accepted6 under the former Law section 85;7 waiver means —8 (a) a service waiver granted under the former Law9 section 91; or10 (b) a temporary waiver granted under the former Law11 section 98.12 (2) The new Law operates as a continuation of the former Law13 with —14 (a) administrative processes and proceedings that are15 pending or current under the former Law immediately16 before commencement day being continued and dealt17 with under the new Law; and18 (b) rights, that would have been able to be exercised after19 commencement day if the former Law had not been20 repealed, being able to be exercised under the new Law;21 and22 (c) obligations, that were not discharged in accordance with23 the former Law before commencement day, being24 continued and enforceable under the new Law.25 (3) Without limiting subsection (2) —26 (a) anything done or omitted to be done for the purposes of27 a provision of the former Law before commencement28 day is taken to have been done or omitted to be done for29 the purposes of the corresponding provision of the new30 Law; and31

Education and Care Services National Law Application Bill 2025 Part 5 Repeals and transitional provisions Division 2 Transitional provisions s. 79 page 42 (b) if, before commencement day, a person engaged in1 conduct that could have been considered by a person in2 making a decision, or in exercising a power, under a3 provision of the former Law, the conduct may be4 considered under the corresponding provision of the5 new Law; and6 (c) compliance with a provision of the former Law during a7 period before commencement day is taken to be8 compliance with the corresponding provision of the new9 Law for the same period; and10 (d) a requirement made of an entity, and not complied with,11 under a provision of the former Law before12 commencement day, continues in effect as if it were13 made under the corresponding provision of the new14 Law; and15 (e) a notice given in accordance with the former Law, and16 still in effect immediately before commencement day,17 continues in effect and must be dealt with under the new18 Law; and19 (f) an administrative process or proceeding commenced,20 but not concluded, under the former Law before21 commencement day is continued and must be concluded22 under the new Law; and23 (g) a rating level for an approved education and care service24 in effect under the former Law immediately before25 commencement day continues in effect and is taken to26 have been determined by the Regulatory Authority27 under the corresponding provision of the new Law; and28 (h) an application made in accordance with a provision of29 the former Law, and not decided or withdrawn before30 commencement day, continues in effect and must be31 dealt with under the corresponding provision of the new32 Law; and33

Education and Care Services National Law Application Bill 2025 Repeals and transitional provisions Part 5 Transitional provisions Division 2 s. 79 page 43 (i) the right of a person to apply for a review under a1 provision of the former Law continues under the2 corresponding provision of the new Law; and3 (j) any amount payable or recoverable under a provision of4 the former Law that is unpaid or not recovered before5 commencement day is payable or recoverable under the6 corresponding provision of the new Law; and7 (k) a provider approval or service approval in force under8 the former Law immediately before commencement day9 continues in force and is taken to have been granted10 under the corresponding provision of the new Law; and11 (l) a person who, immediately before commencement day,12 was a nominated supervisor in relation to an education13 and care service continues to be a nominated supervisor14 for the service; and15 (m) a waiver in effect under the former Law immediately16 before commencement day continues in effect and is17 taken to have been granted under the corresponding18 provision of the new Law; and19 (n) a compliance measure imposed under a provision of the20 former Law and in force immediately before21 commencement day continues in force under the22 corresponding provision of the new Law; and23 (o) disciplinary action that is pending or unresolved under24 the former Law immediately before commencement day25 may be started, continued and resolved under the new26 Law; and27 (p) a voluntary suspension in force immediately before28 commencement day continues in force under the new29 Law; and30 (q) a search warrant issued by a magistrate under the former31 Law and in effect immediately before commencement32 day continues in effect under the new Law; and33

Education and Care Services National Law Application Bill 2025 Part 5 Repeals and transitional provisions Division 2 Transitional provisions s. 80 page 44 (r) a reference in a document to the former Law may, if the1 context permits, be taken to be a reference to the new2 Law.3 (4) If a thing is continued in force or effect under subsection (2)4 or (3) —5 (a) the thing is taken to have been made or granted under6 the new Law; and7 (b) the thing may be dealt with under the new Law.8 (5) To the extent that a thing continued under subsection (2) or (3)9 is subject to terms and conditions —10 (a) the thing continues to be subject to those same terms and11 conditions; and12 (b) the terms and conditions may be amended or removed13 under the new Law.14 80. New regulations operate as continuation of former15 regulations16 (1) In this section —17 conduct, of a person, includes —18 (a) an act done, or omitted to be done, by the person; or19 (b) a failure of the person to comply with a direction or20 requirement applying to the person under a provision of21 the former Law or former regulations; or22 (c) the person inadequately providing an education and care23 service.24 (2) The new regulations operate as a continuation of the former25 regulations with —26 (a) rights, that would have been able to be exercised after27 commencement day if the former regulations had not28 been repealed, being able to be exercised under the new29 regulations; and30

Education and Care Services National Law Application Bill 2025 Repeals and transitional provisions Part 5 Transitional provisions Division 2 s. 80 page 45 (b) obligations, that were not discharged in accordance with1 the former regulations before commencement day, being2 continued and enforceable under the new regulations.3 (3) Without limiting subsection (2) —4 (a) anything done or omitted to be done for the purposes of5 a provision of the former regulations before6 commencement day is taken to have been done or7 omitted to be done for the purposes of the corresponding8 provision of the new regulations; and9 (b) if, before commencement day, a person engaged in10 conduct that could have been considered by a person in11 making a decision, or in exercising a power, under a12 provision of the former regulations, the conduct may be13 considered under the corresponding provision of the14 new regulations; and15 (c) compliance with a provision of the former regulations16 during a period before commencement day is taken to be17 compliance with the corresponding provision of the new18 regulations for the same period; and19 (d) a requirement made of an entity, and not complied with,20 under a provision of the former regulations before21 commencement day, continues in effect as if it were22 made under the corresponding provision of the new23 regulations; and24 (e) a reference in a document to the former regulations may,25 if the context permits, be taken to be a reference to the26 new regulations.27 (4) The Interpretation Act 1984 sections 36 (except section 36(d) to28 the extent it relates to subsidiary legislation) and 37 apply and29 have effect as if the former regulations were repealed and30 re-enacted as the new regulations.31 (5) Subsection (2) does not affect the operation of section 11.32

Education and Care Services National Law Application Bill 2025 Part 5 Repeals and transitional provisions Division 2 Transitional provisions s. 81 page 46 81. Transitional regulations1 (1) In this section —2 publication day, in relation to transitional regulations, means3 the day on which the transitional regulations are published in4 accordance with the Interpretation Act 1984 section 41(1)(a);5 transitional matter —6 (a) means a matter or issue of a transitional nature that7 arises as a result of —8 (i) the repeal of the repealed Act and the former9 Law, the enactment of this Act and the coming10 into operation of the new Law; or11 (ii) the repeal of the former regulations and the12 coming into operation of the new regulations;13 and14 (b) includes a matter or issue of a savings or application15 nature;16 transitional regulations means local regulations made for the17 purposes of subsection (2).18 (2) If there is not sufficient provision in this Division for dealing19 with a transitional matter, local regulations may prescribe20 anything required, necessary or convenient to be prescribed in21 relation to that matter.22 (3) Without limiting subsection (2), transitional regulations may23 provide that —24 (a) specified provisions of this Act or the new Law —25 (i) do not apply in relation to a specified matter; or26 (ii) apply with specified modifications to or in27 relation to a specified matter;28 and29

Education and Care Services National Law Application Bill 2025 Repeals and transitional provisions Part 5 Transitional provisions Division 2 s. 81 page 47 (b) specified provisions of the repealed Act or the former1 Law continue to apply (with or without specified2 modifications) to, or in relation to, a specified matter as3 if the repealed Act were not repealed.4 (4) Transitional regulations cannot be made after the end of the5 period of 2 years beginning on commencement day.6 (5) If transitional regulations provide that a state of affairs is taken7 to have existed, or not to have existed, on and from a day that is8 earlier than publication day, but not earlier than commencement9 day, the regulations have effect according to their terms.10 (6) If transitional regulations contain a provision referred to in11 subsection (5), the provision does not operate so as to —12 (a) affect in a manner prejudicial to any person (other than13 the State or an authority of the State), the rights of that14 person existing before publication day; or15 (b) impose liabilities on any person (other than the State or16 an authority of the State) in respect of anything done or17 omitted to be done before publication day.18

Education and Care Services National Law Application Bill 2025 Part 6 Consequential amendments Division 1 Amendment to this Act s. 82 page 48 Part 6 — Consequential amendments1 Division 1 — Amendment to this Act2 82. Act amended3 This Division amends this Act.4 83. Section 29 amended5 After section 29(2)(d) insert:6 7 (da) the Privacy and Responsible Information8 Sharing Act 2024 Part 2 and Schedule 1;9 10 Division 2 — Parliamentary Commissioner Act 1971 amended11 84. Act amended12 This Division amends the Parliamentary Commissioner13 Act 1971.14 85. Section 19D amended15 In section 19D(1)(e) delete “Education and Care Services16 National Law (Western Australia)” and insert:17 18 Education and Care Services National Law (WA)19 20 86. Schedule 2 amended21 In Schedule 2 in the item relating to Providers of child care22 services delete “Education and Care Services National Law23 (Western Australia)” and insert:24 25 Education and Care Services National Law (WA)26 27

Education and Care Services National Law Application Bill 2025 Consequential amendments Part 6 Privacy and Responsible Information Sharing Act 2024 amended Division 3 s. 87 page 49 Division 3 — Privacy and Responsible Information Sharing1 Act 2024 amended2 87. Act amended3 This Division amends the Privacy and Responsible Information4 Sharing Act 2024.5 88. Part 6 Division 1 deleted6 Delete Part 6 Division 1.7 Division 4 — Spent Convictions Act 1988 amended8 89. Act amended9 This Division amends the Spent Convictions Act 1988.10 90. Schedule 3 amended11 In Schedule 3 clause 1(5) in the Table item 6A:12 (a) in paragraph (a) delete “Education and Care Services13 National Law (Western Australia); or” and insert:14 15 Education and Care Services National Law (WA); or16 17 (b) in paragraph (b)(ii) delete “Education and Care Services18 National Law (Western Australia).” and insert:19 20 Education and Care Services National Law (WA).21 22

Education and Care Services National Law Application Bill 2025 Part 6 Consequential amendments Division 5 Working with Children (Screening) Act 2004 amended s. 91 page 50 Division 5 — Working with Children (Screening) Act 20041 amended2 91. Act amended3 This Division amends the Working with Children (Screening)4 Act 2004.5 92. Section 4 amended6 In section 4 in the definition of child care service paragraph (a)7 delete “Education and Care Services National Law (Western8 Australia)” and insert:9 10 Education and Care Services National Law (WA)11 12 93. Section 5 amended13 In section 5(1) in the definition of managerial officer14 paragraph (b) delete “Education and Care Services National15 Law (Western Australia) section 5(1),” and insert:16 17 Education and Care Services National Law (WA) section 5A,18 19 Division 6 — Other amendments20 94. References to “Education and Care Services National Law21 (Western Australia)” amended22 (1) This section amends the Acts listed in the Table.23 (2) In the provisions listed in the Table delete “Education and Care24 Services National Law (Western Australia)” and insert:25 26 Education and Care Services National Law (WA)27 28

Education and Care Services National Law Application Bill 2025 Consequential amendments Part 6 Other amendments Division 6 s. 94 page 51 Table1 Child Care Services Act 2007 s. 3 def. of national child care law Children and Community Services Act 2004 s. 3 def. of child care services par. (a) s. 124A def. of early childhood worker par. (a) Civil Liability Act 2002 s. 5AAA def. of child care service par. (a) s. 5AAA def. of staff member par. (da) The Criminal Code s. 557K(1) def. of child care centre par. (a) Evidence Act 1906 s. 19L(5A)(b) Health (Miscellaneous Provisions) Act 1911 s. 337(2A) def. of child care centre par. (a) Public Health Act 2016 s. 4(1) def. of child care service par. (a)(i) School Education Act 1999 s. 154(2) def. of school par. (cb) Teacher Registration Act 2012 s. 3 def. of centre-based service (each occurrence) s. 37(1) def. of nominated supervisor

Education and Care Services National Law Application Bill 2025 Defined terms page 52 Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) administrative process .................................................................................... 79(1) affected modification ..................................................................................... 32(1) amend ............................................................................................................... 3(1) amending Act ................................................................................................... 3(1) amending regulations ....................................................................................... 3(1) Board.............................................................................................................. 30(2) child protection law ............................................................................................ 18 commencement day ......................................................................................... 3(1) compliance measure ....................................................................................... 79(1) conduct................................................................................................ 79(1), 80(1) corresponds .................................................................................................... 76(2) court .................................................................................................................... 18 de facto relationship ............................................................................................ 18 disallowance period .............................................................................. 7(1), 13(1) disallowance resolution ......................................................................... 7(1), 13(1) disciplinary action .......................................................................................... 79(1) Education and Care Services National Law ..................................................... 5(1) Education and Care Services National Law Regulations ............................... 11(1) Education and Care Services National Law Regulations (WA) ....................... 3(1) Education and Care Services National Law (WA) ........................................... 3(1) former Law .................................................................................................... 76(1) former regulations .......................................................................................... 76(1) local authority ..................................................................................................... 18 local regulations ............................................................................................... 3(1) magistrate ............................................................................................................ 18 National Authority ......................................................................................... 30(2) National Law.................................................................................................... 3(1) National Regulations ........................................................................................ 3(1) new Law......................................................................................................... 76(1) new regulations .............................................................................................. 76(1) notice.............................................................................................................. 79(1) notice period ......................................................................................... 7(1), 13(1) parliamentary committee .................................................................... 10(1), 15(1) proclamation day.............................................................................................. 2(1) publication day ............................................................................................... 81(1) public authority ................................................................................................... 18 rating level ..................................................................................................... 79(1) registered teacher ................................................................................................ 18 repealed Act ................................................................................................... 76(1)

Education and Care Services National Law Application Bill 2025 Defined terms page 53 review ............................................................................................................ 79(1) superior court ...................................................................................................... 18 this jurisdiction ................................................................................................... 18 transitional matter .......................................................................................... 81(1) transitional modification regulation ...................................................... 3(1), 32(3) transitional regulations ................................................................................... 81(1) voluntary suspension ...................................................................................... 79(1) waiver ............................................................................................................ 79(1)