sec.2AParamount consideration—safety, rights and best interests of children

sec.2A Paramount consideration—safety, rights and best interests of children

The safety, rights and best interests of children is the paramount consideration in the operation of an education and care service and the delivery of education and care services to children (the paramount consideration ). The following persons must have regard to and apply the paramount consideration when making any decision or taking any action in relation to the operation of an education and care service or the delivery of education and care services to children— an approved provider of an education and care service; a person with management or control of an education and care service; a person in day-to-day charge of an education and care service; a nominated supervisor of an education and care service; a staff member of an education and care service; a volunteer at an education and care service. For the purposes of this section— in the case of an approved provider that is a body corporate, the constitution or rules of the body corporate is taken to include a provision requiring the body corporate to have regard to and apply the paramount consideration; and in the case of an approved provider that is an eligible association, the constitution or rules of the eligible association is taken to include a provision requiring the eligible association to have regard to and apply the paramount consideration; and in the case of an approved provider that is a partnership, the partnership agreement is taken to include a provision requiring the partnership to have regard to and apply the paramount consideration. Subsections (2) (a) and (b) and (3) (a) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act. Section 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency. s 2A ins 2025 No. 53 (Vic) s 61 (sec.2A-ssec.1) The safety, rights and best interests of children is the paramount consideration in the operation of an education and care service and the delivery of education and care services to children (the paramount consideration ). (sec.2A-ssec.2) The following persons must have regard to and apply the paramount consideration when making any decision or taking any action in relation to the operation of an education and care service or the delivery of education and care services to children— an approved provider of an education and care service; a person with management or control of an education and care service; a person in day-to-day charge of an education and care service; a nominated supervisor of an education and care service; a staff member of an education and care service; a volunteer at an education and care service. (sec.2A-ssec.3) For the purposes of this section— in the case of an approved provider that is a body corporate, the constitution or rules of the body corporate is taken to include a provision requiring the body corporate to have regard to and apply the paramount consideration; and in the case of an approved provider that is an eligible association, the constitution or rules of the eligible association is taken to include a provision requiring the eligible association to have regard to and apply the paramount consideration; and in the case of an approved provider that is a partnership, the partnership agreement is taken to include a provision requiring the partnership to have regard to and apply the paramount consideration. (sec.2A-ssec.4) Subsections (2) (a) and (b) and (3) (a) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act. Section 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.