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
Section retrieval-0003 - Education and Care Services National Law Application Bill 2025 - Document excerpt 3 | Zoe