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Part 2 Education and Care Services National Law
Division 2 Application of National Regulations
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(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
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Jurisdiction-specific matters for National Law Division 3
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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
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Division 3 Jurisdiction-specific matters for National Law
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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
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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
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Division 3 Jurisdiction-specific matters for National Law
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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
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Relationship with other laws Division 4
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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
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Division 4 Relationship with other laws
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(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
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Relationship with other laws Division 4
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(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
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Part 3 Modification of National Law
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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
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Modification of National Law Part 3
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(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
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Part 3 Modification of National Law
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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
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(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