© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Education and Children's Services Act 2019
Start here
Turn the raw legal text into a practical explanation grounded in Education and Children's Services Act 2019.
Division 3—Continuation of children's services centres registered under Children's Services Act 1985 25—Application of Division (1) This Division applies to a children's services centre that was, immediately before the commencement of this section, registered under the Children's Services Act 1985 (a registered children's services centre). (2) Nothing in this Division affects the registration (if any) of a registered children's services centre under the Education and Early Childhood Services (Registration and Standards) Act 2011. 26—Continuation of registered children's services centres (1) Subject to this Act, the following provisions apply to a registered children's services centre: (a) the registered children's services centre will be taken to continue as— (i) a stand‑alone preschool established under this Act; or (ii) a children's services centre established under this Act, (determined according to the services provided by the registered children's services centre immediately prior to the commencement of this section); (b) the management committee of the registered children's services centre will continue as the governing council of the children's services centre or stand‑alone preschool (and sections 19 and 20 will be taken not to apply to the governing council); (c) the constitution of the registered children's services centre (as in force immediately before the commencement of this section) continues in force as the constitution of the children's services centre or stand‑alone preschool. (2) To avoid doubt, a registered children's services centre continues as a stand‑alone preschool or a children's services centre under subsection (1)(a) as a body corporate. (2a) A reference in this Act to a stand‑alone preschool or children's services centre continued under this section (being a reference that contemplates the stand‑alone preschool or children's services centre being unincorporated) will be taken to be a reference to the body corporate comprising the stand‑alone preschool or children's services centre (as the case requires). (2b) A reference in this Act to the governing council of a stand‑alone preschool or children's services centre continued under this section (being a reference that contemplates or requires the governing council being, or to be, a body corporate) will be taken to be a reference to the body corporate comprising the stand‑alone preschool or children's services centre (as the case requires). Example— Section 24 contemplates the governing council of a stand‑alone preschool or children's services centre entering into a transaction, or borrowing money. (3) A reference in any Act, instrument or document to a registered children's services centre, or to the management committee of a registered children's services centre, is to be construed according to the operation of subsection (1). (4) Nothing in this section affects any title to the property, assets or liabilities of a registered children's services centre. (5) A stand‑alone preschool or children's services centre continued under this Division is exempt from the payment of land tax under the Land Tax Act 1936. 26A—Minister may declare certain stand‑alone preschools or children's services centres to have been established under Act (1) Despite any other provision of this Act, the Minister may, by notice in the Gazette, declare that, from the date specified in the notice, a specified stand‑alone preschool or children's services centre continued by section 26 will be taken to be a stand‑alone preschool or children's services centre established under this Act. (2) Before making a declaration under this section in relation to a stand‑alone preschool or children's services centre, the Minister must consult with the governing council of the stand‑alone preschool or children's services centre. (3) On the day specified in the notice under subsection (1)— (a) Sections 19 (other than subsection (1)) and 20 will apply to the governing council of the stand‑alone preschool or children's services centre; and (b) section 26 ceases to apply to the stand‑alone preschool or children's services centre; and (c) the incorporation of the stand‑alone preschool or children's services centre is dissolved; and (d) the property (including, to avoid doubt, real property), assets and liabilities of the stand‑alone preschool or children's services centre (as existing immediately before the day specified in the notice) will vest in the Minister; and (e) the stand‑alone preschool or children's services centre will be taken to be a stand‑alone preschool or children's services centre (as the case requires) established under section 18. (4) The Minister may, by notice in the Gazette, transfer specified property, assets or liabilities vested in the Minister under this section to a specified person or body. (5) No stamp duty is payable under a law of the State in respect of a transfer under subsection (4). (6) To avoid doubt, a declaration may be made under this section in relation to a stand‑alone preschool or children's services centre without the need to close the stand‑alone preschool or children's services centre in accordance with section 29. (7) The regulations may make further provision in relation to declarations under this section.