WAIn ForceRegulation
Education and Care Services National Regulations 2012
Part 6Administration
Start here
Get a plain-English read of Part 6
Turn the raw legal text into a practical explanation grounded in Education and Care Services National Regulations 2012.
Chapter 6 — Administration
Part 6.1 — Australian Children’s Education and Care Quality Authority
-
Co‑operation with prescribed classes of body 206
-
Allocating, transferring or reimbursing money to a participating jurisdiction 207
-
Investment of Authority Fund 207
Part 6.2 — Information, records and privacy — National Authority and Regulatory Authorities
Division 1 — Application of Commonwealth Privacy Act 1988
-
Application of Commonwealth Privacy Act 1988 208
-
Modifications relating to National Education and Care Services Privacy Commissioner and staff 208
-
Modifications about financial matters 210
-
Modifications about annual report 211
-
Modifications relating to National Authority and Regulatory Authorities 211
-
Modifications relating to determinations 212
-
Miscellaneous modifications 212
-
Relevant administrative tribunal 214
-
Regulations 215
Division 2 — Application of Commonwealth Freedom of Information Act 1982
-
Application of Commonwealth Freedom of Information Act 1982 215
-
Modifications relating to National Education and Care Services Freedom of Information Commissioner and staff 216
-
Modifications about financial matters 218
-
Modifications about annual report 219
-
Modifications relating to National Authority and Regulatory Authorities 220
-
Miscellaneous modifications 221
-
Relevant administrative tribunal 223
-
Regulations 223
Division 3 — Application of New South Wales State Records Act 1998
-
Application of State Records Act 224
-
Modifications relating to State Records Authority and its Board and Director 224
-
Modifications relating to National Authority 224
-
Modifications relating to Ministerial Council 225
-
Miscellaneous modifications 225
Division 4 — Application of Commonwealth Ombudsman Act 1976
-
Application of Commonwealth Ombudsman Act 228
-
Modifications relating to Education and Care Services Ombudsman and staff 228
-
Modifications about financial matters 229
-
Modifications about annual report 230
-
Modifications relating to National Authority and Regulatory Authorities 231
-
Miscellaneous modifications 231
-
Relevant administrative tribunal 233
-
Regulations 234
Division 5 — Publication of information
-
Publication of information 234
-
Compliance and enforcement information 234
-
Timing of publication where internal or external review of enforcement action is available 238
-
Register of approved providers 239
-
Register of approved education and care services 239
Division 1 — Provisions applying generally to fees
-
Definitions 240
-
Calculation of indexation factor for financial year 241
-
Fee amount to be rounded down to nearest whole dollar 242
-
Late payment fees (annual fees) 242
-
Waiver, reduction, deferral and refund of fees 243
236A. Publication of prescribed and other required fees 243
Division 2 — Prescribed and other fees between commencement day and 30 June 2023
236B. Prescribed fees and other fees for period beginning on commencement day and ending on 30 June 2023 243
Division 3 — Prescribed and other fees on and after 1 July 2023
236C. Prescribed fee — application for provider approval 244
236D. Prescribed fees — application for service approval 245
236E. Prescribed annual fees 248
236F. Prescribed fee — application for amendment of service approval 250
236G. Prescribed fee — notification of intended transfer of service approval 251
236H. Prescribed fee — application for service waiver 253
236I. Prescribed fee — application for temporary waiver 253
236J. Prescribed fee — application to extend temporary waiver 254
236K. Prescribed fee — application for reassessment and re‑rating 254
236L. Prescribed fee — application for review by Ratings Review Panel of rating level 255
236M. Prescribed fees — copy of or extract from registers 258
236N. Prescribed fees — other applications 258
236O. Relevant fee — application for qualification to be assessed for inclusion on list of approved qualifications 259
236P. Relevant fee — application for determination of equivalent qualification 260
Chapter 7 — Jurisdiction‑specific and transitional and saving provisions
Part 7.1 — General transitional and saving provisions
Division 2 — Staffing arrangements
- Centre‑based service offering a preschool program in a composite class in a school 262
239A. Centre‑based services in remote and very remote areas — attendance of early childhood teachers 263
-
Persons taken to hold an approved early childhood teaching qualification 265
-
Persons taken to be early childhood teachers 267
-
Persons taken to hold an approved diploma level education and care qualification 268
243A. Persons taken to hold an approved diploma level education and care qualification for regulation 128 in Queensland 269
- Persons taken to hold an approved certificate III level education and care qualification 269
Division 3 — Physical environment
-
Centre‑based service offering a preschool program in a composite class in a school 270
-
Declared approved services (other than declared approved family day care services) 270
-
Declared approved family day care services 271
-
Declared out of scope services 272
Division 4 — Information retention and sharing
-
Information held by Regulatory Authority or regulatory body 273
-
Information kept by approved provider 273
Division 5 — Declared approved learning frameworks
- Fees for application for provider approval for declared out of scope service 274
Division 7 — General provisions relating to exemptions
-
Publication where service taken to comply with regulations 274
-
Application for removal of exemption 275
Part 7.2 — Australian Capital Territory — specific provisions
Part 7.3 — New South Wales — specific provisions
Part 7.4 — Northern Territory — specific provisions
Part 7.5 — Queensland — specific provisions
Part 7.6 — South Australia — specific provisions
Part 7.7 — Tasmania — specific provisions
Part 7.8 — Victoria — specific provisions
Part 7.9 — Western Australia — specific provisions
Division 1 — Application of Part 7.9
-
Application of Part 7.9 276
-
Definitions 276
Division 1A — Exceeding National Quality Standard
368A. Exceeding National Quality Standard: educational program and practice quality area 277
Division 2 — Minimum number of educators and qualifications required — children over preschool age
- Educator to child ratios and qualification requirements for educators — children over preschool age 278
Division 3 — Minimum number of educators and qualifications required — centre‑based services — children preschool age or under
-
Educator to child ratio — pre‑kindergarten programme or kindergarten programme provided by a school 281
-
Early childhood teachers — pre‑kindergarten programme or kindergarten programme provided by a school 281