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(a) the provisions of the repealed Act and the former Law11
were repealed by this Act; and12
(b) a provision of the repealed Act were re-enacted as the13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and 38 do not apply in relation to the repealed Act or the former19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
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(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
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(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
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(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
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Part 5 Repeals and transitional provisions
Division 2 Transitional provisions
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(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
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Repeals and transitional provisions Part 5
Transitional provisions Division 2
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(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
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Repeals and transitional provisions Part 5
Transitional provisions Division 2
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(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
Section retrieval-0004 - Education and Care Services National Law Application Bill 2025 - Document excerpt 4 | Zoe