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
Short title 2
Commencement 2
Terms used 2
Act binds Crown 4
Part 2 — Education and Care
Services National Law
Division 1 — Application of National Law
Application of National Law as law of the State 5
Tabling amending Acts 5
Disallowance of amending Acts 6
Commencement of provisions of amending Acts 7
Amending Acts enacted after 30 April 2025 but
before commencement day 7
Tabling of amending Act taken to be publication
for Standing Orders 7
Division 2 — Application of National
Regulations
Application of National Regulations as subsidiary
legislation of the State 8
Tabling amending regulations 9
Disallowance of amending regulations 9
Commencement of provisions of amending
regulations 10
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Contents
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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
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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
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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
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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
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page 2
Part 1 — Preliminary1
Short title2
This is the Education and Care Services National Law3
Application Act 2025.4
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
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
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Preliminary Part 1
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(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
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Part 1 Preliminary
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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
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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
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Division 1 Application of National Law
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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
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Application of National Law Division 1
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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
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Division 2 Application of National Regulations
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(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
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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