Education and Early Childhood Services (Registration and Standards) Act 2011

Part 2—Adoption of Education and Care Services National Law 10—Application of Education and Care Services National Law (1) The Education and Care Services National Law text— (a) applies as a law of this jurisdiction; and (b) as so applying may be referred to as the Education and Care Services National Law (South Australia). (2) Subsection (1) applies subject to any modifications made to the Education and Care Services National Law by or under this Act. 11—Amendments to Law to maintain national consistency (1) If— (a) the Parliament of Victoria enacts an amendment to the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria; and (b) the Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of Victoria should be made to the Education and Care Services National Law (South Australia), the Governor may, by regulation, amend the Education and Care Services National Law text. (2) The Governor may, as part of a regulation made under subsection (1), make any additional provision (including so as to modify the terms of an amendment that has been made to the Education and Care Services National Law by the Parliament of Victoria or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Education and Care Services National Law has proper effect in South Australia. (3) A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Education and Care Services National Law made by the Parliament of Victoria (including a day that is earlier than the day of the regulation's publication in the Gazette). 12—Exclusion of legislation of this jurisdiction (1) Subject to subsections (2) and (3), the following Acts do not apply to the Education and Care Services National Law (South Australia) or the national regulations: (a) the Acts Interpretation Act 1915; (b) the Legislative Instruments Act 1978. (2) To avoid doubt, the Legislative Instruments Act 1978 applies to a regulation made under section 11. (3) In connection with the operation of section 303 of the Education and Care Services National Law (South Australia)— (a) the Minister must, after a regulation made under that Law is tabled in each House of Parliament, forward a copy of the regulation to the Legislative Review Committee of the Parliament for inquiry and report; and (b) if a regulation is disallowed under that section, the disallowance will have effect in this State despite any provision in the Education and Care Services National Law. (4) The following Acts do not apply to the Education and Care Services National Law (South Australia) or the national regulations except to the extent that that Law or those instruments apply to the Regulatory Authority, or to the employees, decisions, actions and records of the Regulatory Authority: (a) the Ombudsman Act 1972; (b) the Public Finance and Audit Act 1987; (c) the Public Sector Act 2009; (d) the Public Sector (Honesty and Accountability) Act 1995; (e) the State Records Act 1997. (5) The Freedom of Information Act 1991 does not apply in relation to the National Quality Framework. (6) In this section— National Quality Framework, national regulations and Regulatory Authority have the same meanings as in the Education and Care Services National Law (South Australia). 13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction (1) In the Education and Care Services National Law (South Australia)— child protection law means— (a) the Children's Protection Act 1993; and (b) the Family and Community Services Act 1972; and (c) the Guardianship and Administration Act 1993; and (ca) the Children and Young People (Safety) Act 2017; and (d) any other Act declared by the regulations to be a child protection law; court means the Magistrates Court; local authority means a local council within the meaning of the Local Government Act 1999; magistrate means a person holding office as a Magistrate under the Magistrates Act 1983; public authority means a body established for a public purpose by or under an Act; superior court means the Supreme Court; this jurisdiction means South Australia. (2) For the purposes of the definition of children's services law in the Education and Care Services National Law (South Australia), this Act, the Education and Children's Services Act 2019 and any other Act prescribed by the regulations are declared to be children's services laws for this jurisdiction. (3) For the purposes of the definition of children's services regulator in the Education and Care Services National Law (South Australia), the Board is declared to be the children's services regulator for this jurisdiction. (4) For the purposes of the definition of education law in the Education and Care Services National Law (South Australia), this Act, the Education and Children's Services Act 2019 and any other Act prescribed by the regulations are declared to be education laws for this jurisdiction. (5) For the purposes of the definition of former education and care services law in the Education and Care Services National Law (South Australia), the Education Act 1972 and the Children's Services Act 1985 are declared to be former education and care services laws for this jurisdiction. (6) For the purposes of the definition of infringements law in the Education and Care Services National Law (South Australia), the Expiation of Offences Act 1996 is declared to be an infringements law for this jurisdiction. (7) For the purposes of the definition of public sector law in the Education and Care Services National Law (South Australia), the Public Sector Act 2009 and the Public Sector (Honesty and Accountability) Act 1995 are declared to be public sector laws for this jurisdiction. (8) For the purposes of the definition of relevant tribunal or court in the Education and Care Services National Law (South Australia)— (a) the Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of section 181 of the Education and Care Services National Law (South Australia); and (b) the District Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of Part 8 of the Education and Care Services National Law (South Australia). (9) For the purposes of the definition of Regulatory Authority in the Education and Care Services National Law (South Australia), the Board is declared to be the Regulatory Authority for this jurisdiction. (10) For the purposes of the definition of working with children law in the Education and Care Services National Law (South Australia), the Child Safety (Prohibited Persons) Act 2016, and any other Act prescribed by the regulations, are declared to be working with children laws for this jurisdiction. (11) For the purposes of the definition of declared approved family day care service in section 305 of the Education and Care Services National Law (South Australia), a family day care scheme that was, immediately before the scheme commencement day, being operated by the administrative unit of the Public Service responsible under the Minister for the administration of the Children's Services Act 1985 is declared to be a declared approved family day care service for this jurisdiction. (12) For the purposes of the definition of declared approved family day care venue in section 305 of the Education and Care Services National Law (South Australia), premises that, immediately before the scheme commencement day, were the subject of an approval as family day care premises under section 33 of the Children's Services Act 1985 are declared to be a declared approved family day care venue for this jurisdiction. (13) For the purposes of the definition of declared approved provider in section 305 of the Education and Care Services National Law (South Australia), the following are declared to be declared approved providers for this jurisdiction: (a) the administrative unit of the Public Service that was, immediately before the scheme commencement day, responsible under the Minister for the administration of the Children's Services Act 1985; (b) a person or body who, immediately before the scheme commencement day, held a licence to conduct or control a child care centre under the Children's Services Act 1985; (c) a person or body who, immediately before the scheme commencement day, operated an out of school hours care service that was registered with the National Childcare Accreditation Council of Australia; (d) a person or body who, immediately before the scheme commencement day, operated a pre‑school education service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972; (e) a person or body who, immediately before the scheme commencement day, operated an out of school hours care service on the premises of, or in relation to, a non‑Government school registered under the Education Act 1972; (f) any other person or body declared by the regulations to be included in the ambit of this subsection. (14) For the purposes of the definition of declared approved service in section 305 of the Education and Care Services National Law (South Australia), the following education and care services are declared to be declared approved services for this jurisdiction: (a) a family day care service; (b) a child care centre service; (c) an out of school hours care service; (d) a pre‑school education service; (e) any other service declared by the regulations to be included in the ambit of this subsection. (15) For the purposes of the definition of declared certified supervisor in section 305 of the Education and Care Services National Law (South Australia), the following persons are declared to be declared certified supervisors for this jurisdiction: (a) a natural person who was, immediately before the scheme commencement day and in accordance with regulation 18(1) of the Children's Services (Child Care Centre) Regulations 1998, a manager of a child care centre; (b) a person who was, immediately before the scheme commencement day, a qualified contact staff member (within the meaning of the Children's Services (Child Care Centre) Regulations 1998) in relation to a child care centre; (c) a person who was, at any time in the 2 years immediately preceding the scheme commencement day, employed in a position of the following kinds in the administrative unit of the Public Service that was, at the relevant time, responsible under the Minister for the administration of the Children's Services Act 1985: (i) a field worker in relation to the provision of family day care; (ii) a coordinator in relation to the provision of family day care; (iii) a team leader in relation to the provision of family day care; (iv) a manager in relation to the provision of family day care; (d) a teacher who was, at any time in the 2 years immediately preceding the scheme commencement day, employed in relation to the provision of an education and care service of a kind contemplated by subsection (14); (e) any other person, or class of person, declared by the regulations to be included within the ambit of this subsection. (16) For the purposes of the definition of declared nominated supervisor in section 305 of the Education and Care Services National Law (South Australia), a person authorised in writing by the Minister for the purposes of this subsection is declared to be a declared nominated supervisor for this jurisdiction. (17) For the purposes of the definition of former approval in section 305 of the Education and Care Services National Law (South Australia), an authorisation (however described) under the Education Act 1972 or the Children's Services Act 1985 in force immediately before the scheme commencement day to provide a service of a kind contemplated by subsection (14) is declared to be a former approval for this jurisdiction. (18) For the purposes of subsection (17), and without limiting any other way in which a person may be authorised under the Education Act 1972 or the Children's Services Act 1985 to provide a particular service— (a) a person or body will be taken to have been authorised under the Education Act 1972 or the Children's Services Act 1985 (as the case requires) to provide a service of a kind contemplated by subsection (14) if the person or body was, immediately before the scheme commencement day, providing a service of the relevant kind; and (b) that authorisation will be taken to have been in force immediately before the scheme commencement day. (19) For the purposes of this section, a reference to an Act of this jurisdiction includes a reference to regulations made under that Act. (20) In this section— scheme commencement day has the same meaning as in the Education and Care Services National Law (South Australia). 13A—Working with children checks A reference to an authorised person in section 170 of the Education and Care Services National Law (South Australia) will be taken to include a reference to a person— (a) in respect of whom a working with children check has been conducted under the Child Safety (Prohibited Persons) Act 2016 within the preceding 5 years; and (b) who is not a prohibited person (within the meaning of that Act). 14—Penalty at end of provision In the Education and Care Services National Law (South Australia), a penalty specified at the end of a provision indicates that a contravention of the provision is punishable on conviction by a penalty not more than the specified penalty. 15—Tabling of annual report (1) Without limiting section 280 of the Education and Care Services National Law (South Australia), the Minister must cause copies of the annual report of the National Authority, and the report of the public sector auditor with respect to the financial statement in the report, to be laid before both Houses of Parliament. National Authority has the same meaning as in the Education and Care Services National Law (South Australia).

Part 3—Application of Education and Care Services National Law (South Australia) to residual early childhood services providers 16—Application of Education and Care Services National Law (South Australia) to residual early childhood services providers (1) The Education and Care Services National Law (South Australia), as modified by Schedule 2 and as in force from time to time, applies in relation to all residual early childhood services as if they were education and care services within the meaning of that Law. residual early childhood services means early childhood services of a kind to which the Education and Care Services National Law (South Australia) would not, but for this section, apply. See section 4 for the definition of early childhood services. 17—Exemption from certain provisions of Education and Care Services National Law (South Australia) (1) Subject to this section, the Minister may, by notice in writing— (a) exempt a person, or class of persons, subject to such conditions as the Minister thinks fit and specifies in the notice, from specified provisions of the Education and Care Services National Law (South Australia) as they apply to, or in relation to, residual early childhood services; or (b) vary or revoke an exemption, or a condition of an exemption, under this section or impose a further condition. (2) The Minister must consult with the Board before making a notice under subsection (1). (3) A person who contravenes a condition of an exemption is guilty of an offence.

Part 4—Administration

Division 1—The Minister 18—Functions of Minister (1) The functions of the Minister under this Act are— (a) to support the delivery of the highest possible standard of education services and early childhood services; (b) to work with the Board to ensure effective monitoring and evaluation of the delivery of education and early childhood services; (c) to support the promotion of, and public awareness on the availability and quality of, education and early childhood services; (d) such other functions assigned to the Minister by or under this or any other Act. (2) For the purposes of this section, a reference to early childhood services includes a reference to an education and care service (within the meaning of the Education and Care Services National Law (South Australia)). The Education and Care Services National Law (South Australia) may contain further functions in respect of services to which that Law applies. 19—Ministerial directions (1) Subject to this section, the Minister may give the Board a direction about any matter relevant to the performance or exercise of a function or power of the Board. (2) No Ministerial direction may be given— (a) in relation to the registration of a particular school, or the imposition of conditions on the registration of a particular school, or the suspension or cancellation of the registration of a particular school; or (b) in relation to the determination of criteria for registration under this Act; or (c) in relation to any particular proceedings before the Board; or (d) in relation to a particular complaint of a kind contemplated by section 30. (3) A direction given by the Minister under this section must be in writing. (4) If the Minister gives a direction under this section— (a) the Minister must prepare a report on the matter and cause a copy of the report to be laid before each House of Parliament; and (b) the Board must cause details of the direction to be published in its next annual report. 20—Power of delegation (1) The Minister may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Minister to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) A person to whom a function has been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform the functions must disclose the nature of the interest in writing to the Minister. (5) It is a defence to a charge of an offence against subsection (4) for the defendant to prove that he or she was not, at the time of the alleged offence, aware of his or her interest in the matter.

Division 2—The Education and Early Childhood Services Registration and Standards Board of South Australia

Subdivision 1—The Board 21—Establishment of Board (1) The Education and Early Childhood Services Registration and Standards Board of South Australia is established. (2) The Board— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) has the functions and powers assigned or conferred by or under this or any other Act. (3) If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly fixed to the document. 22—Composition of Board (1) The Board consists of 13 members appointed by the Governor on the nomination of the Minister, being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience necessary to enable the Board to carry out its functions effectively. (2) Of those members— (a) 1 (who will be the presiding member) must be a person who has, in the opinion of the Minister, extensive knowledge and expertise in the education and care of children; and (b) 2 must be nominated from a panel of 4 persons submitted by the Chief Executive; and (c) 2 must be nominated from a panel of 4 persons submitted by the Association of Independent Schools of South Australia; and (d) 2 must be nominated from a panel of 4 persons submitted by the South Australian Commission for Catholic Schools Incorporated; and (e) 2 must be nominated from a panel of 4 persons submitted by the prescribed child care bodies; and (f) 1 must be a legal practitioner. (2a) A person is not eligible to be appointed to the Board unless a working with children check has been conducted in relation to the member within the preceding 5 years. (3) If the Minister does not receive a submission from a body under subsection (2)(c), (d) or (e) within 2 months after requesting the submission of 4 names by that body, the Minister may, by notice in writing, request the relevant body to make a nomination within a time (being not less than 1 month) allowed in the notice and if a nomination is not made within that time, then the Minister may proceed to nominate a person or persons determined by the Minister in lieu of a person submitted by that body. (4) Subject to this section, the Minister should, before nominating a person for appointment to the Board (other than for the purposes of subsection (2)(c), (d) or (e)), under a scheme determined by the Minister for the purposes of this section— (a) call for expressions of interest; and (b) take into account any representations made by a prescribed designated entity. (5) In nominating the remaining members of the Board, the Minister should, as far as is reasonably practicable, endeavour to achieve a gender balance on the Board. (6) The requirements of qualification and nomination (if applicable) made by this section in relation to the appointment of a member extend to the appointment of a deputy of that member. (7) The Governor may, on the recommendation of the Minister, appoint a suitable person to be the deputy presiding member of the Board. (8) The Governor may, on the nomination of the Minister, appoint a suitable person to be the deputy of a member of the Board. (9) A deputy may act as a member of the Board during any period of absence of the member in relation to whom the deputy has been appointed. (10) If— (a) the office of a member of the Board becomes vacant before the expiry of the term of appointment specified in the member's instrument of appointment; and (b) a person has been appointed to be the deputy of that member, the person appointed to be the deputy of the member may act as a member of the Board in respect of the vacant office— (c) for the balance of the term of appointment referred to in paragraph (a); or (d) until a person is appointed to the vacant office under this Act, whichever first occurs (and a reference in this Act to a member of the Board will be taken to include, unless the contrary intention appears, a reference to a person acting as a member under this subsection). 23—Conditions of membership (1) Subject to this section, a member of the Board will hold office on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment. (2) A member of the Board cannot hold office for consecutive terms that exceed 9 years in total. (3) The Governor may remove a member of the Board from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (ab) if a working with children check has not been conducted in relation to the member within the preceding 5 years; or (b) for mental or physical incapacity to carry out duties of office satisfactorily; or (c) for neglect of duty; or (d) for dishonourable conduct. (4) The office of a member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed to the Minister; or (ca) becomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or (d) is found guilty of a prescribed offence; or (e) is removed from office by the Governor under subsection (3); or (f) accepts employment as a Registrar under this Act. 24—Casual vacancies The following rules govern the appointment of a person to fill a casual vacancy that occurs in the office of a member appointed in accordance with section 22(2)(c), (d) or (e): (a) if the vacancy occurs within 12 months after the member's appointment, the Governor must appoint on the nomination of the Minister 1 of the remaining persons from the panel submitted in relation to the member's appointment; (b) if— (i) none of the remaining persons are qualified for appointment; or (ii) none of the remaining persons are available or willing to be appointed; or (iii) if the vacancy occurs later than 12 months after the member's appointment, the Governor may appoint a person nominated by the Minister from a new panel of 4 persons submitted by the body referred to in the relevant paragraph (and, if the Minister does not receive a submission from the body within 14 days after requesting the submission of 4 names by that body, the Minister may proceed to nominate a person determined by the Minister in lieu of a person submitted by that body); (c) the person appointed holds office for the balance of the term of that person's predecessor. 25—Allowances and expenses A member of the Board (other than a member who is a member of the Public Service) is entitled to fees, allowances and expenses approved by the Governor. 26—Validity of acts An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

Subdivision 2—Registrars and staff 27—Registrars of Board (1) There will be the following Registrars of the Board: (a) the Registrar for the Government sector (the Government Schools Registrar); (b) the Registrar for the non‑Government sector (the non‑Government Schools Registrar); (c) the Registrar for the early childhood services sector (the Early Childhood Services Registrar). (2) The Registrars will be appointed by the Board on terms and conditions determined by the Board. (2a) A person is not eligible to be appointed as a Registrar unless a working with children check has been conducted in relation to the person within the preceding 5 years. 28—Staff of Board (1) The Board's staff consists of— (a) Public Service employees assigned to assist the Board; and (b) persons employed by the Board, on terms and conditions determined by the Board after consultation with the Minister, to assist the Board. (1a) A person is not eligible to be assigned to assist the Board, or employed by the Board, unless a working with children check has been conducted in relation to the person within the preceding 5 years. (2) If a person commences employment as a member of the staff of the Board after ceasing to be employed— (a) in the Public Service of the State; or (b) by a prescribed employing authority, and that employment with the Board follows immediately on the cessation of that previous employment, then— (c) the person's existing and accruing rights immediately before the cessation of that previous employment in respect of recreation leave, sick leave and long service leave continue in full force and effect as if that previous employment had been employment by the Board; and (d) the person is not entitled to payment in lieu of those rights. (3) Except where subsection (2) applies, if a person commences employment as a member of the staff of the Board within 3 months after ceasing to be employed— (a) in the Public Service of the State; or (b) by a prescribed employing authority; or (c) in prescribed employment, the person's existing and accruing rights immediately before the cessation of that employment in respect of recreation leave, sick leave and long service leave continue, to the extent directed by the Board and subject to such conditions as may be determined by the Board, as if that previous employment had been employment by the Board. (4) The Board may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit. prescribed employing authority means— (a) the employing authority under the Education Act 1972; or (ab) the Chief Executive under the Education and Children's Services Act 2019; or (b) the employing authority under the Children's Services Act 1985; or (c) any other person or body declared by the Minister to be included in the ambit of this definition.

Subdivision 3—Functions of Board 29—Functions of Board (1) The functions of the Board are as follows: (a) to regulate the provision of education services and early childhood services; (b) to approve the requirements for endorsement of registration; (c) to establish and maintain the registers contemplated by this Act; (d) to prepare or endorse codes of conduct for registered schools; (e) to provide advice to the Minister as the Board considers appropriate; (f) to carry out other functions assigned to the Board under this or any other Act or by the Minister. (2) A code of conduct prepared or endorsed by the Board cannot come into operation except with the written approval of— (a) the Minister; and (b) a majority of the peak bodies prescribed by the regulations for the purpose of this subsection. (3) The Board must, in relation to each code of conduct prepared or endorsed by the Board and that has been approved in accordance with subsection (2)— (a) cause a copy of the code to be published in the Gazette, together with a statement of the operative date of the code (which cannot be a date earlier than the date of publication); and (b) take reasonable steps to send a copy of the code to each school to which it applies; and (c) ensure that a copy of the code is published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Board, (although proof of compliance with paragraphs (a), (b) and (c) is not necessary for the purposes of any proceedings that involve an alleged contravention of or failure to comply with a code of conduct). 30—Complaint made directly to Board to be referred to school (1) If a person makes a complaint to the Board or a Registrar in relation to the provision of education services by a registered school, the Board or Registrar must refer the complaint to the registered school to be dealt with in accordance with the procedures for handling complaints established by the school. (2) However, if the Board is of the opinion that the subject matter of a complaint— (a) would, if proved, constitute a proper cause for disciplinary action under Part 7; and (b) is of such seriousness that the matter should instead be the subject of a complaint laid under section 62, the Board may direct the relevant Registrar to lay a complaint under that section instead of referring the matter to the registered school. 31—Committees (1) The Board may establish committees— (a) to advise the Board or a Registrar on any matter; or (b) to carry out functions on behalf of the Board. (2) The membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board. (3) The Board will determine who will be the presiding member of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Board; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 32—Power of delegation (1) The Board may delegate a function or power under this Act (other than a function or power under Part 7 or a prescribed function or power)— (a) to a member of the Board, a Registrar or an employee of the Board; or (b) to a committee established by the Board; or (c) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Board to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) A person to whom a function has been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform the functions must disclose the nature of the interest in writing to the Board. (5) It is a defence to a charge of an offence against subsection (4) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.

Subdivision 4—Board's procedures 33—Board's procedures (1) Subject to this Act, a quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1. (2) At least 1 member of the Board appointed in accordance with each of paragraphs (c), (d) and (e) of section 22 must be present at any meeting of the Board. (3) A meeting of the Board will be chaired by the presiding member or, in his or her absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Board must choose 1 of their number to preside at the meeting. (4) A decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board. (5) Each member present at a meeting of the Board has 1 vote on any question arising for decision. (6) A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (7) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and (b) a majority of the members express concurrence in the proposed resolution by letter, telegram, telex, fax, email or other written communication setting out the terms of the resolution. (8) The Board must have accurate minutes kept of its meetings. (9) Subject to this Act, the Board may determine its own procedures. 34—Conflict of interest etc under Public Sector (Honesty and Accountability) Act 1995 A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with persons involved in the provision of education services or early childhood services generally, or a substantial section of persons involved in the provision of education services or early childhood services. The Public Sector (Honesty and Accountability) Act 1995 imposes duties of honesty and accountability on public sector office holders, including members of the Board. 35—Powers of Board in relation to witnesses etc (1) For the purposes of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), the Board may— (a) by summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the attendance before the Board of a person whom the Board thinks fit to call before it; or (b) by summons signed on behalf of the Board by a member of the Board or the relevant Registrar, require the production of relevant documents, records or equipment and, in the case of a document or record that is not in the English language— (i) a written translation of the document or record into English; and (ii) a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record; or (c) inspect documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or (d) require a person to make an oath or affirmation (which may be administered by a member of the Board) to answer truthfully questions put by a member of the Board or a person appearing before the Board; or (e) require a person appearing before the Board (whether summoned to appear or not) to answer questions put by a member of the Board or by a person appearing before the Board. (2) On the receipt of an application for the issue of a summons under this section, a member of the Board or the relevant Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board. (3) A person who— (a) fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Board; or (b) having been served with a summons to produce— (i) a written translation of the document or record into English; and (ii) a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record, fails, without reasonable excuse, to comply with the summons; or (c) refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Board, Maximum penalty: $10 000 or imprisonment for 6 months. (4) A person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court. (5) In the course of proceedings before the Board (whether such proceedings are disciplinary proceedings or otherwise), the Board may— (a) receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia or of another country, and draw any conclusions of fact from the evidence that it considers proper; and (b) adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings. 36—Principles governing proceedings (1) In proceedings before the Board, the Board— (a) is not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and (b) must act according to the principles of natural justice and ensure procedural fairness; and (c) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. (2) In proceedings before the Board, the Board must keep the parties to the proceedings properly informed as to the progress and outcome of the proceedings. 37—Representation at proceedings before Board (1) A party to proceedings before the Board is entitled to be represented at the hearing of those proceedings. (2) The Board may be assisted by legal counsel at the hearing of proceedings. 38—Costs (1) The Board may award such costs against a party to proceedings before it as the Board considers just and reasonable. (2) A party who is dissatisfied with the amount of the costs awarded by the Board may request a Master of the District Court to tax the costs and, after taxing the costs, the Master may confirm or vary the amount of the costs awarded by the Board. (3) Costs awarded by the Board under this section may be recovered as a debt.

Subdivision 5—Financial matters, audit and annual report 39—Accounts and audit (1) The Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of accounts prepared in respect of each financial year. (2) The accounts must be audited at least once in every year by an auditor approved by the Auditor‑General and appointed by the Board. (3) The Auditor‑General may at any time audit the accounts of the Board. 40—Annual report (1) The Board must, on or before 31 October in each year, deliver to the Minister a report on the administration of this Act and the work of the Board during the financial year ending on the preceding 30 June. (2) The report must— (a) include the information prescribed by the regulations in relation to the relevant financial year; and (b) incorporate the audited accounts of the Board for the relevant financial year. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

Part 5—Registration of schools Division 1—Registers 41—Registers (1) The Board must keep the following registers: (a) a schools register, comprised of the following parts: (i) Government schools; (ii) non‑Government schools; (b) a register of schools that have been removed from the schools register and who have not been reinstated to that register. (2) The schools register must include the following information in relation to each school on the register: (a) the name of the school; (b) the address of each campus of the school; (c) the conditions (if any) of the registration; (d) any endorsement of the registration; (e) any other information required by the regulations. (3) The Registrars are responsible to the Board for the form and maintenance of the registers. (4) The Registrars must correct an entry in a register that is not, or has ceased to be, correct. (5) The registers must be kept available for inspection by any person during ordinary office hours at the principal office of the Board and the registers, or extracts of the registers, may be made available to the public by electronic means. (6) A person may, on payment of the prescribed fee, obtain a copy of any part of a register. Division 2—Registration on schools register 42—Schools to be registered (1) A school at which education services are provided, or students enrolled, must be registered under this Division. (2) If a school provides education services or enrols students in contravention of subsection (1)— (a) if the school is an incorporated or trustee services provider—the school; or 43—Registration on schools register (1) Subject to this Act, a school is eligible for registration on the schools register if the Board, on application made in accordance with this Act, is satisfied that— (a) the nature and content of the instruction offered, or to be offered, at the school is satisfactory; and (b) the school provides adequate protection for the safety, health and welfare of its students; and (c) the school satisfies any other requirements set out in the regulations for the purposes of this subsection. (2) The Governor may only make regulations for the purposes of subsection (1) on the recommendation of the Board. (3) Before making a recommendation for the purposes of subsection (2), the Board must consult with the bodies prescribed by the regulations for the purposes of this subsection (and may consult with any other person or body the Board thinks fit). (4) An application for registration must— (a) be made in a manner and form determined by the Board; and (b) be accompanied by the prescribed fee. (5) An applicant for registration must provide the Board with such further information as the Board may reasonably require to determine the application. (6) A school's registration remains in force until cancelled under this Act. 44—Board may impose conditions on registration (1) The Board may impose such conditions on the registration of a school as it thinks fit (including, to avoid doubt, a condition restricting the kind of education services that may be provided by the school). (2) The Board may, by notice in writing, on application by the school concerned or of its own motion, vary the conditions of registration of the school by the addition, substitution or deletion of 1 or more conditions. 45—Certificates of registration (1) If the Board registers a school on the schools register, the Board must issue to the school a certificate of registration in the prescribed form (and if a registered school has more than 1 campus, the Board must issue a sufficient number of duplicate certificates of registration to enable the school to comply with this section). (2) A registered school must at all times and in a conspicuous place at each of the school's campuses, display— (a) the certificate of registration, or a duplicate certificate of registration, for the school; and (b) a copy of any notice under section 44 varying the conditions of registration of the school. 46—Removal from schools register (1) The Board must remove a school from the schools register— (a) on the application of the school; or (b) if the school ceases to be eligible for registration on the schools register; or (c) if the school's registration is suspended or cancelled under this Act. (2) The Board may act under subsection (1)(c) without giving prior notice to the school. 47—Board may cancel registration if education services not provided The Board may cancel the registration of a registered school if the Board is satisfied that the school no longer provides education services pursuant to the registration. 48—Reinstatement on schools register (1) A school that has been removed from the schools register— (a) on application by the school; or (b) on account of the school ceasing to be eligible for registration on the schools register, may apply to the Board for reinstatement on the schools register. (2) Subject to subsection (3), a school whose registration has been suspended may apply to the Board for reinstatement on the schools register. (3) If in disciplinary proceedings the registration of a school is suspended for a specified period, the school may, with the consent of the Board, apply for reinstatement before the end of that period but such reinstatement does not have effect until after the expiration of the period. (4) A school that has been disqualified from being registered under this Act may, subject to the terms of the order for disqualification, apply to the Board for reinstatement on the schools register. (5) An application for reinstatement must— (a) be made to the Board in the manner and form approved by the Board; and (b) be accompanied by the reinstatement fee fixed under this Act. (6) An applicant for reinstatement must provide the Board with such further information as the Board may reasonably require to determine the application. (7) The Board may only reinstate on the schools register an applicant under this section if satisfied that the applicant is eligible for registration on that register. (8) Without limiting the circumstances in which the Board may refuse to reinstate an applicant on the schools register, the Board may refuse to reinstate an applicant on the schools register until all complaints (if any) laid against the applicant under this Act, or a law of another State or a Territory of the Commonwealth providing for the registration or some other form of accreditation of persons who provide education services, have been finally disposed of. 49—Endorsement of registration with approval to enrol full fee paying overseas students (1) If the Board is satisfied on application under this section that a registered school has satisfied the requirements set out in the regulations for the purposes of this subsection, the Board must endorse the school's registration with an approval to enrol full fee paying overseas students. (2) An application for endorsement— (a) must be made in a manner and form determined by the Board; and (b) may be dealt with at the same time as an application for registration under this Division; and (c) must be accompanied by the prescribed fee. (3) An applicant for endorsement must provide the Board with such further information as the Board may reasonably require to determine the application. (4) An endorsement— (a) may be subject to such conditions as the Board thinks fit; and (b) has effect for the period specified by the Board in the endorsement. (5) The Board may, by notice in writing, on application by the school concerned— (a) vary the conditions of an endorsement by the addition, substitution or deletion of 1 or more conditions; or (b) extend the period during which the endorsement has effect. 50—Removal of endorsement (1) The Board must remove an endorsement from a school's registration— (a) on the application of the school; or (b) if the endorsement is cancelled under this Act. (2) The Board may act under subsection (1)(b) without giving prior notice to the school. (3) The Board may remove the endorsement from a school's registration if the Board is satisfied that the school no longer satisfies the requirements set out in the regulations for the purposes of section 49(1).

Division 3—Offences 51—Procurement of registration by fraud A person who, by fraud or any other dishonest means, procures (whether for himself or herself or for another person or body)— (a) registration, or reinstatement of registration, under this Act; or (b) endorsement of a registration, 52—Improper directions to another member of governing authority A person who occupies a position of authority in an incorporated or trustee services provider and who directs or pressures a member of the governing authority of the school, or the responsible authority for the school, to engage in misconduct is guilty of an offence. 53—Illegal holding out (1) A person must not hold a school out as a registered school, or permit another person to do so, unless the school is a registered school. (2) A person must not hold a registered school out as having a registration that is subject to, or not subject to, a particular condition, or permit another person to do so, unless the school's registration is subject to, or not subject to, the condition (as the case requires). (3) A person must not hold a registered school out as having a registration that is endorsed with an approval to enrol full fee paying overseas students, or permit another person to do so, unless the registration of the school is so endorsed.

Division 4—Review of registration 54—Review of registration (1) The Board must review the registration of registered schools in accordance with any requirements set out in the regulations. (2) The Governor may only make regulations for the purposes of subsection (1) on the recommendation of the Board. (3) Without limiting section 36, the Board must give a registered school at least 21 days notice of a proposed review under this section.

Part 6—Record keeping and information gathering Division 1—Records to be kept by registered schools 55—Interpretation (a) a reference to a registered school includes a reference to a person or body that is not but that was, at the relevant time, a registered school; (b) a reference to a person who is a member of a governing authority of a school includes a reference to a person who is not but who was, at the relevant time, a member of the governing authority for a school; (c) a reference to a person who occupies a position of authority in an incorporated or trustee services provider includes a reference to a person who is not but who was, at the relevant time, a person who occupied a position of authority in an incorporated or trustee services provider; (d) a reference to a responsible authority for a school includes a reference to a person who is not but who was, at the relevant time, a responsible authority for a school. 56—Records to be kept by registered schools (1) A registered school must keep the following records in relation to the provision of education services by the school: (a) in relation to education services provided before the commencement of this section—any records required to be kept under section 72N of the Education Act 1972 (as in force immediately before the commencement of this section); (b) in relation to education services provided after the commencement of this section—the records required by the regulations. (2) The records required to be kept under subsection (1) must be retained in accordance with any requirement set out in the regulations. Division 2—Information gathering 57—Board may require information (1) The Board may, by notice in writing, require— (a) a registered school; or (b) in the case of an incorporated or trustee services provider—a person who occupies a position of authority in the provider, to provide such information in relation to the provision of education services by, or on behalf of, the school or person as the Board may reasonably require in relation to the administration of this Act. (2) A registered school or person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1).

Part 7—Disciplinary proceedings Division 1—Preliminary 58—Application of Part This Part does not apply to a teacher in respect of a matter that would constitute a proper cause for disciplinary action against the teacher under the Teachers Registration and Standards Act 2004. 59—Interpretation (a) a reference to a registered school includes a reference to a school that is not but that was, at the relevant time, a registered school; (b) a reference to a person who is a member of a governing authority of a school includes a reference to a person who is not but who was, at the relevant time, a member of the governing authority for a school; (c) a reference to a person who occupies a position of authority in an incorporated or trustee services provider includes a reference to a person who is not but who was, at the relevant time, a person who occupied a position of authority in an incorporated or trustee services provider; (d) a reference to a responsible authority for a school includes a reference to a person who is not but who was, at the relevant time, a responsible authority for a school. 60—Cause for disciplinary action (1) There is proper cause for disciplinary action against a registered school if— (a) the school's registration was improperly obtained; or (b) an endorsement on the school's registration was improperly obtained; or (c) the school has contravened a condition of its registration; or (d) the school has contravened a condition of an endorsement on its registration; or (e) the school has contravened or failed to comply with a provision of this Act; or (f) the school has contravened or failed to comply with a code of conduct applying to the school under this Act; or (g) the school has not provided adequate protection for the safety, health and welfare of students to whom it provides education services; or (h) a member of the governing authority of the school is not a fit and proper person to be a member of such a governing authority; or (i) the school, or a member of the governing authority of the school, has engaged in misconduct. (2) There is proper cause for disciplinary action against a person who is a member of the governing authority of a registered school if— (b) the person has, in connection with the provision of education services by the registered school, engaged in misconduct; or (c) the person is not a fit and proper person to be a member of the governing authority of a registered school. (3) There is proper cause for disciplinary action against a person who occupies a position of authority in an incorporated or trustee services provider if— (b) the person has, in connection with the provision of education services by the provider, engaged in misconduct; or (c) the person is not a fit and proper person to occupy a position of authority in an incorporated or trustee services provider. (4) There is proper cause for disciplinary action against a responsible authority for a registered school if— (b) the person has, in connection with the provision of education services by the registered school, engaged in misconduct; or (c) the person is not a fit and proper person to be the responsible authority for a registered school. Division 2—Constitution of Board for purpose of proceedings 61—Constitution of Board for purpose of proceedings (1) The Governor may appoint a person as a special member of the Board under this Part (and a person so appointed may (but need not) act as a member of the Board for the purpose of any proceedings under this Part). (2) The Board will, for the purpose of hearing and determining proceedings under this Part, be constituted of not less than 3 members selected by the presiding member (or, in the absence of the presiding member, the deputy presiding member). (3) At least 1 of the members of the Board, as constituted for the purposes of particular proceedings under this Part, must be a legal practitioner. (4) At least 1 of the members of the Board, as constituted for the purposes of proceedings under this Part relating to a particular registered school or person, must be— (a) if the registered school, or the registered school or school education sector to which the alleged conduct of the person relates, is a Government school or the Government sector—a member of the Board appointed in accordance with section 22(2)(b); or (b) if the registered school, or the registered school or school education sector to which the alleged conduct of the person relates, is a member of the Association of Independent Schools of South Australia or such part of the school education sector as may be relevant to that association—a member of the Board appointed in accordance with section 22(2)(c); or (c) if the registered school, or the registered school or school education sector to which the alleged conduct of the person relates, is a Catholic school or the Catholic sector—a member of the Board appointed in accordance with section 22(2)(d). (5) Proceedings of the Board as constituted for the purposes of particular proceedings under this Part will be presided over by— (a) if a member of the Board as constituted under this section is appointed by the presiding member or deputy presiding member (as the case requires) to preside over the proceedings—that member; or (b) in any other case—a member of the Board as constituted under this section who is a legal practitioner. (6) If a member of the Board as constituted for the purposes of particular proceedings under this Part (other than the member presiding over the proceedings) dies or is for any other reason unable to continue with the proceedings, the Board constituted of the remaining members may, if the member presiding over the proceedings so determines, continue and complete the proceedings. (7) Any questions of law or procedure arising before the Board will be determined by the member presiding over the proceedings and any other questions by majority decision of the members. (8) The Board constituted of the member presiding over the proceedings may, sitting alone— (a) deal with— (i) preliminary, interlocutory or procedural matters; or (ii) questions of costs; or (iii) questions of law; or (b) enter consent orders, and may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the member considers appropriate. (9) A member of the Board who is dealing with a question of law may refer the question for the opinion of the Supreme Court. Division 3—Proceedings before Board 62—Inquiries by Board as to matters constituting grounds for disciplinary action (1) A complaint setting out matters that are alleged to constitute grounds for disciplinary action against a registered school or person may be laid before the Board (in a manner and form approved by the Board) by— (a) the relevant Registrar; or (b) the Minister. (2) If a complaint is laid under this section, the Board must, subject to this section, inquire into the subject matter of the complaint. (3) If the complaint arises out of a review conducted under Part 5 Division 4, the Board may determine that the review constitutes an inquiry under this section. (4) If, after conducting an inquiry under this section, the Board is satisfied on the balance of probabilities that there is proper cause for disciplinary action against the respondent, the Board may, by order, do 1 or more of the following: (a) if the respondent is a registered school— (i) impose conditions on the respondent's registration restricting the respondent's right to provide education services; or (ii) cancel any endorsement on the respondent's registration; or (iii) suspend the respondent's registration for a period not exceeding 1 year; or (iv) cancel the respondent's registration; or (v) disqualify the respondent from being registered under this Act; (b) if the respondent is the responsible authority for a school appointed by notice under section 8—revoke the respondent's appointment as the responsible authority for the school; (c) in any case— (i) censure the respondent; or (ii) prohibit the respondent from carrying on the business of providing education services; or (iii) prohibit the respondent from being a member of a governing authority of a school; or (iv) prohibit the respondent from occupying a position of authority in a corporate or trustee services provider; or (v) prohibit the respondent from being a responsible authority for a school. (5) The Board may— (a) stipulate that a disqualification or prohibition under subsection (4) is to apply— (i) permanently; or (ii) for a specified period; or (iii) until the fulfilment of specified conditions; or (iv) until further order; or (b) stipulate that an order relating to a registered school or person is to have effect at a specified future time and impose conditions as to the conduct of the school or person, or the person's business, until that time. 63—Contravention etc of condition (1) If a registered school contravenes or fails to comply with a condition imposed by the Board under section 62— (a) if the registered school is an incorporated or trustee services provider—the registered school; or (2) A person who contravenes or fails to comply with a condition imposed by the Board under section 62 is guilty of an offence. 64—Contravention of prohibition order (1) A person who carries on the business of providing education services in contravention of an order of the Board under this Part is guilty of an offence. (2) A person who continues as or becomes a member of a governing authority of a school in contravention of an order of the Board under this Part is guilty of an offence. (3) A person who occupies a position of authority in a corporate or trustee services provider in contravention of an order of the Board under this Part is guilty of an offence. (4) A person who continues as or becomes the responsible authority for a school in contravention of an order of the Board under this Part is guilty of an offence. 65—Register of prohibition orders (1) The Board must keep a register of persons who have been prohibited by order of the Board under this Part from carrying on the business of providing education services, being a member of a governing authority of a school, occupying a position of authority in a corporate or trustee services provider or being the responsible authority for a school (as the case requires). (2) The register— (a) must not include any person who is dead; (b) must include, in relation to each person on the register— (i) the person's full name and business address; and (ii) particulars of the order; and (iii) any other information required by the regulations. (3) The Registrars are responsible to the Board for the form and maintenance of the register. (4) The Registrars must correct an entry in the register that is not, or has ceased to be, correct. (5) The register must be kept available for inspection by any person during ordinary office hours at the principal office of the Board and the register may be made available to the public by electronic means. (6) A person may, on payment of the prescribed fee, obtain a copy of any part of the register. 66—Variation or revocation of conditions imposed by Board (1) The Board may, by notice in writing, on application by a registered school, vary or revoke a condition imposed by the Board under section 62 in relation to the school's registration. (2) The relevant Registrar and the Minister are entitled to appear and be heard on an application under this section. 67—Further provisions as to proceedings before Board under this Part (1) Subject to this Act, the Board must give to all of the parties to proceedings before the Board under this Part at least 14 days written notice of the time and place at which it intends to conduct the proceedings, and must afford to the parties a reasonable opportunity to call and give evidence, to examine or cross‑examine witnesses, and to make submissions to the Board. (2) However, the Board may, if it thinks special reasons exist for doing so, give a lesser period of written notice under subsection (1). (3) The requirement to give written notice under subsection (1) does not extend to adjournments. (4) If a party to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Board may proceed to hear and determine the matter in the absence of that party. (5) A person who is aggrieved by the conduct of a person that is the subject matter of proceedings before the Board under this Part is, subject to any direction of the Board to the contrary, entitled to be present at the hearing of the proceedings. Other provisions relating to the procedures of the Board are set out in Part 4 Division 2 Subdivision 4.

Part 8—Enforcement 68—Authorised officers (1) The Board may, by notice in writing, authorise a person to be an authorised officer for the purposes of this Act. (2) An authorisation may be made subject to conditions or limitations specified in the instrument of authorisation. (3) The Board may, by notice in writing to an authorised officer, vary or revoke an authorisation, or a condition or limitation of an authorisation, on any grounds it thinks fit. 69—Powers of authorised officers (1) If there are reasonable grounds for suspecting— (a) that there is proper cause for disciplinary action against a school or person; or (b) that a school or person has committed an offence against this Act, an authorised officer may investigate the matter. (2) Subject to this Act, for the purposes of an investigation, or in relation to a review of the registration of a registered school under Part 5 Division 4, an authorised officer may— (a) at any reasonable time, enter and inspect— (i) the premises of a registered school; or (ii) any other premises on which the authorised officer reasonably suspects an offence against this Act has been or is being committed; or (b) with the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or (c) while on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the authorised officer reasonably believes may afford evidence relevant to the matters under investigation; or (d) require any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection (including written documents or records that reproduce, in a readily understandable form, information kept by computer, microfilm or other process); or (e) inspect any documents or records produced to the authorised officer and retain them for such reasonable period as the authorised officer thinks fit, and make copies of the documents or records; or (f) require any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the authorised officer in relation to those matters; or (g) take photographs, films or video or audio recordings; or (h) if the authorised officer reasonably suspects that an offence against this Act has been or is being committed, require the suspected offender to state his or her full name and address. (3) An authorised officer must not exercise the power conferred by subsection (2)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate. (4) A magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances. 70—Offence to hinder etc authorised officers (1) Subject to this section, a person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Part; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (c) when required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (d) falsely represents, by words or conduct, that he or she is an authorised officer, Maximum penalty: $5 000. (2) A person is not required to answer a question if the answer to the question would tend to incriminate the person or make the person liable to a penalty.

Part 9—Review and appeal 71—Internal review of certain decisions of Board (1) This section applies to the following decisions of the Board: (a) a refusal by the Board to register, or reinstate the registration of, a school under this Act; (b) a refusal by the Board to endorse the registration of a school under section 49; (c) the removal by the Board of an endorsement of registration under section 50(3); (d) the imposition by the Board of conditions on a school's registration or endorsement of registration under this Act (other than where the conditions were imposed under Part 7); (e) any other decision of a kind prescribed by the regulations. (2) A school or person who is the subject of a decision to which this section applies (the original decision) may apply to the Board for a review of the decision. (3) An application under subsection (2)— (a) must be made in a manner and form determined by the Board; and (b) unless the Board allows otherwise, must be made within 14 days after— (i) if the school or person was notified of the original decision in accordance with this Act—the day on which the school or person was so notified; or (ii) if the school or person was not notified of the original decision in accordance with this Act—the school or person becomes aware of the decision. (4) The member of the Board or person who conducts the review must not have been involved in, or in relation to, the original decision. (5) The person conducting the review may ask the applicant for further information. (6) A review must be conducted within 30 days after the application is made. (7) However, the period specified in subsection (6) may be extended by up to 30 days— (a) if a request for further information is made under subsection (5); or (b) by agreement between the applicant and the Board. (8) On completion of a review, the Board— (i) confirm the original decision; or (ii) vary the original decision; or (iii) quash the original decision and substitute any decision that the Board could have made in the first instance; and (b) must, as soon as is reasonably practicable, give the applicant written notice of the results of the review setting the reasons for the Board's decision under paragraph (a). Division 2—Appeal 72—Right of appeal to District Court (1) An appeal lies to the District Court against— (a) a refusal by the Board to register, or reinstate the registration of, a school under this Act; or (b) a refusal by the Board to endorse the registration of a school under section 49; or (c) the removal by the Board of an endorsement of registration under section 50(3); or (d) the imposition by the Board of conditions on a school's registration or endorsement of registration under this Act; or (e) a decision made by the Board in proceedings under Part 7. (2) An appeal under subsection (1)(e) against a decision may be instituted— (a) in the case of a decision made in disciplinary proceedings—by the complainant or the respondent in the proceedings in which the decision was made; (b) in the case of a decision under section 66—by the applicant or a person entitled to be heard in the proceedings. (3) An appeal must be instituted— (a) if the decision is the subject of a review under section 71—within 28 days after written notice is given to the applicant under section 71(8); or (b) in any other case—within 28 days after the date of the decision appealed against. 73—Operation of order may be suspended (1) If an order has been made by the Board, and the Board or the District Court is satisfied that an appeal against the order has been instituted, or is intended, the Board or District Court (as the case requires) may suspend the operation of the order until the determination of the appeal. (2) If the Board has suspended the operation of an order under subsection (1), the Board may terminate the suspension, and if the District Court has done so, the District Court may terminate the suspension. 74—Variation or revocation of conditions imposed by District Court (1) The District Court may, on application by a registered school, vary or revoke a condition imposed by the District Court in relation to the registration of the school. (2) The Board and the Minister are entitled to appear and be heard on an application under this section.

Part 10—Miscellaneous 75—Use of certain terms or descriptions prohibited (1) A school that is not registered on the schools register must not use a prescribed term, or derivatives of the words comprising the term, to describe a service provided by the school. (2) If a school contravenes subsection (1)— (a) if the school is an incorporated or trustee services provider—the school; or (3) A person who is not registered on the schools register must not use a prescribed term, or derivatives of the words comprising the term, to describe himself or herself or a service that he or she provides. (4) A person must not, in the course of advertising or promoting a service that he or she provides, use a prescribed term, or derivatives of the words comprising the term, to describe a school that is engaged in the provision of the service unless the school is registered on the schools register. prescribed term means— (a) registered school; or (b) any other word or expression prescribed by the regulations. 76—Exemptions (1) Subject to this section, the Minister may, by notice in writing— (a) exempt a registered school or person, or a class of registered schools or persons, subject to such conditions as the Minister thinks fit and specifies in the notice, from specified provisions of this Act; or (b) vary the conditions of an exemption by the addition, substitution or deletion of 1 or more conditions. (2) The Minister must consult with the Board before making a notice under subsection (1). (3) If a registered school or person contravenes a condition of an exemption— (a) — (i) if the registered school is an incorporated or trustee services provider—the registered school; or (ii) in any other case—the responsible authority for the school; or (b) the person, (as the case requires) is guilty of an offence. 77—Statutory declarations If a person is required under this Act to provide information to the Board, the Board may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Board. 78—False or misleading statement A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information kept or provided under this Act. 79—Victimisation (1) A person commits an act of victimisation against another person (the victim) if he or she causes detriment to the victim on the ground, or substantially on the ground, that the victim— (a) has disclosed or intends to disclose information; or (b) has made or intends to make an allegation, that has given rise, or could give rise, to proceedings against the person under this Act. (2) An act of victimisation under this Act may be dealt with— (a) as a tort; or (b) as if it were an act of victimisation under the Equal Opportunity Act 1984, but, if the victim commences proceedings in a court seeking a remedy in tort, he or she cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, he or she cannot subsequently commence proceedings in a court seeking a remedy in tort. (3) If a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint. detriment includes— (a) injury, damage or loss; or (b) intimidation or harassment; or (c) discrimination, disadvantage or adverse treatment in relation to the victim's employment or business; or (d) threats of reprisal. 80—Self‑incrimination Subject to this Act, if a person is required to provide information or to produce a document, record or equipment under this Act and the information, document, record or equipment would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, record or equipment, but the information, document, record or equipment so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than— (a) an offence against Part 6 of this Act; or (b) an offence against this or any other Act relating to the provision of false or misleading information. 81—Punishment of conduct that constitutes offence If conduct constitutes an offence and is also a ground for disciplinary action under this Act, the taking of disciplinary action under this Act is not a bar to conviction and punishment for the offence, nor is conviction and punishment for the offence a bar to disciplinary action under this Act. 82—Continuing offence (1) A person convicted of an offence against a provision of this Act in respect of a continuing act or omission— (a) is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one tenth of the maximum penalty prescribed for that offence; and (b) is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one tenth of the maximum penalty prescribed for the offence. (2) If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement. 83—Offences by bodies corporate If a body corporate commits an offence against this Act, any person with management or control of the body corporate who failed to exercise due diligence to prevent the contravention that is the subject of the offence also commits that offence and is liable to the penalty for that offence applicable to an individual. 84—General defence It is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. 85—Immunity of persons engaged in administration of Act (1) No personal liability attaches to a person engaged in the administration of this Act for an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of official powers or functions. (2) A liability that would, but for subsection (1), lie against a person, lies instead against the Crown. 86—Application of fines A fine imposed for an offence against this Act must be paid to the Board. 87—Confidentiality (1) A person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) in connection with the administration or enforcement of this or any other Act; or (d) to an authority responsible under the law of a place outside this State for the registration or accreditation of persons who provide education services or early childhood services, where the information is required for the proper administration of that law; or (e) to an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions. (2) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. (4) The regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act. 88—Service (1) A notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may— (a) be given to the person personally; or (b) be posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or (c) be left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or (d) be transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission). (2) Without limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act. 89—Evidentiary provision (1) In proceedings for an offence against this Act or in disciplinary proceedings under Part 7, an allegation in the complaint— (a) that a school named in the complaint is or is not, or was or was not on a specified date, registered on the schools register; or (b) that the registration of a school named in the complaint is or is not, or was or was not on a specified date, subject to specified conditions; or (c) that the registration of a school named in the complaint is or is not, or was or was not on a specified date, endorsed with an approval to enrol full fee paying overseas students; or (d) that a person named in the complaint is, or was on a specified date, the responsible authority for a specified school; or (e) that a person named in the complaint is, or was on a specified date, a member of the governing authority of a specified school; or (f) that a person named in the complaint is, or was on a specified date, an authorised officer, must be accepted as proved in the absence of proof to the contrary. (2) In legal proceedings, a document apparently certified by a Registrar to be a copy of a register under this Act, or a copy of a code of conduct prepared or endorsed by the Board under this Act, must be accepted as such in the absence of proof to the contrary. 90—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting subsection (1), the regulations may— (a) vary Schedule 2; (b) prescribe fees or charges for the purposes of this Act (including, to avoid doubt, for the purposes of the Education and Care Services National Law (South Australia)) and may provide for the payment, recovery, reduction or waiver of such fees or charges; (c) exempt classes of persons or activities from the application of this Act or specified provisions of this Act, either unconditionally or subject to specified conditions; (d) prescribe penalties, not exceeding $10 000, for offences against the regulations; (e) modify the operation of the Education and Care Services National Law and the national regulations under the Education and Care Services National Law (South Australia) as they apply in this jurisdiction (whether to a residual early childhood service or otherwise); (f) make provisions of a saving or transitional nature consequent upon— (i) the enactment of this Act; or (ii) amendments to the Education and Care Services National Law text; or (iii) amendments to the Education and Care Services National Law (South Australia); or (iv) variations to the national regulations under the Education and Care Services National Law (South Australia). (3) A provision of a regulation contemplated by subsection (2)(a), (e) or (f) may, if the regulation so provides, take effect from the commencement of this section or from a later day (but if a provision takes effect from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by decreasing the person's rights or imposing liabilities on the person). (4) The regulations may— (a) be of general application or vary in their application according to prescribed factors; (b) refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; (c) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Board or other specified person or body. (5) If a code, standard or other document is referred to or incorporated in the regulations— (a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.

Schedule 1—Education and Care Services National Law

1—Short title This Law may be cited as the Education and Care Services National Law. 2—Commencement This Law commences in a participating jurisdiction as provided under the Act of that jurisdiction that applies this Law as a law of that jurisdiction. 2A—Paramount consideration—safety, rights, and best interests of children (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). (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: (a) an approved provider of an education and care service; (b) a person with management or control of an education and care service; (c) a person in day‑to‑day charge of an education and care service; (d) a nominated supervisor of an education and care service; (e) a staff member of an education and care service; (f) a volunteer at an education and care service. (3) For the purposes of this section— (a) 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 (b) 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 (c) 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. (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. 3—Objectives and guiding principles (1) The objective of this Law is to establish a national education and care services quality framework for the delivery of education and care services to children. (2) The objectives of the national education and care services quality framework are— (a) to ensure the safety, health and wellbeing of children attending education and care services; (b) to improve the educational and developmental outcomes for children attending education and care services; (c) to promote continuous improvement in the provision of quality education and care services; (d) to establish a system of national integration and shared responsibility between participating jurisdictions and the Commonwealth in the administration of the national education and care services quality framework; (e) to improve public knowledge, and access to information, about the quality of education and care services; (f) to reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth. (3) The guiding principles of the national education and care services quality framework are as follows— (a) the paramount consideration set out in section 2A(1); (b) that children are successful, competent and capable learners; (c) that the principles of equity, inclusion and diversity underlie this Law; (d) that Australia's Aboriginal and Torres Strait Islander cultures are valued; (e) that the role of parents and families is respected and supported; (f) that best practice is expected in the provision of education and care services. 4—How functions to be exercised An entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national education and care services quality framework set out in section 3. 5—Definitions (1) In this Law— approval in principle means an approval in principle granted under section 110 for a proposed education and care service premises; approval in principle criteria means, of the national regulations that regulate the education and care service premises, those which are prescribed to be the approval in principle criteria; approval in principle holder means— (a) a person granted an approval in principle under section 110; or (b) if the approval in principle is transferred to another person under section 118 or 119, that person; approved education and care service means an education and care service for which a service approval exists; approved family day care service means an approved education and care service that is a family day care service; approved family day care venue means a place (other than a residence) approved under section 50A or 54(8A) as a family day care venue for an approved family day care service; approved learning framework means a learning framework approved by the Ministerial Council; approved provider means a person who holds a provider approval; associated children's service means a children's service that is operated or intended to be operated by an approved provider at the same place as an approved education and care service; Australian Accounting Standards means the standards issued or pronounced by the Australian Accounting Standards Board; authorised officer means a person authorised to be an authorised officer under Part 9; Authority Fund means the Australian Children's Education and Care Quality Authority Fund established under section 274; Board means the Australian Children's Education and Care Quality Authority Board established under this Law; chief executive officer means the chief executive officer of the National Authority appointed under this Law; children's service means a service providing or intended to provide education and care on a regular basis to children under 13 years of age that is primarily regulated under a children's services law of a participating jurisdiction and is not an education and care service; children's services law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a children's services law for the purposes of this Law; children's services regulator, in relation to a participating jurisdiction, means a person declared by a law of that jurisdiction to be the children's services regulator for the purposes of this Law; Commonwealth Minister means the Minister of the Commonwealth who is responsible for policies and programs relating to education and care services; compliance direction means a compliance direction under section 176; compliance notice means a compliance notice under section 177; education and care related work means work in or as part of an education and care service involving the provision of education and care; education and care service means any service providing or intended to provide education and care on a regular basis to children under 13 years of age other than— (a) a school providing full‑time education to children, including children attending in the year before grade 1 but not including a preschool program delivered in a school or a preschool that is registered as a school; or (b) a preschool program delivered in a school if— (i) the program is delivered in a class or classes where a full‑time education program is also being delivered to school children; and (ii) the program is being delivered to fewer than 6 children in the school; or (c) a personal arrangement; or (d) a service principally conducted to provide instruction in a particular activity; or Instruction in a particular activity could be instruction in sport, dance, music, culture or language or religious instruction. (e) a service providing education and care to patients in a hospital or patients of a medical or therapeutic care service; or (f) care provided under a child protection law of a participating jurisdiction; or (g) a prescribed class of disability service; or (h) a service of a prescribed class; Education and care services to which this Law applies include long day care services, family day care services, outside school hours services and preschool programs including those delivered in schools, unless expressly excluded. education and care service premises means— (a) in relation to an education and care service other than a family day care service, each place at which an education and care service operates or is to operate; or (b) in relation to a family day care service— (i) an office of the family day care service; or (ii) an approved family day care venue; or (iii) each part of a residence used to provide education and care to children as part of a family day care service or used to provide access to the part of the residence used to provide that education and care; education law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an education law for the purposes of this Law; educator means an individual who provides education and care for children as part of an education and care service; eligible association means an association of a prescribed class; excursion means an outing organised by an education and care service to and from a destination outside of the education and care service premises, but does not include an outing organised by an education and care service provided at a school if— (a) the children taking part in the excursion leave the education and care service premises in the company of an educator; and (b) the children do not leave the school; family day care co-ordinator means a person employed or engaged by an approved provider of a family day care service to monitor and support the family day care educators who are part of the service; family day care educator means an educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue; family day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators; family day care residence means a residence at which a family day care educator educates and cares for children as part of a family day care service; family day care service means an education and care service that— (a) is delivered through the use of 2 or more educators to provide education and care to children; and (b) operates from 2 or more residences; A family day care service that is an approved family day care service may provide education and care to children from a family day care residence or an approved family day care venue. family member, in relation to a child, means— (a) a parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or half‑blood and whether that relationship arises by marriage (including a de facto relationship) or by adoption or otherwise; or (b) a relative of the child according to Aboriginal or Torres Strait Islander tradition; or (c) a person with whom the child resides in a family‑like relationship; or (d) a person who is recognised in the child's community as having a familial role in respect of the child; former education and care services law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a former education and care services law for the purposes of this Law; former provider means a person who held a provider approval that is surrendered, suspended or cancelled under this Law; grade 1, in relation to a school, means the first year of compulsory full‑time schooling; guardian, in relation to a child, means the legal guardian of the child; infringements law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an infringements law for the purposes of this Law; mandatory approval in principle jurisdiction means a Part 4 jurisdiction in which section 49A of this Law applies; See section 49A. Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters under this Law; National Authority means the Australian Children's Education and Care Quality Authority established under this Law; National Early Childhood Worker Register means the register established under section 269B; national education and care services quality framework means— (a) this Law; and (b) the national regulations; and (c) the National Quality Standard; and (d) the prescribed rating system; National Partnership Agreement means the National Partnership Agreement on the National Quality Agenda for Early Childhood and Care entered into by the States and Territories and the Commonwealth on 7 December 2009, as amended from time to time; National Quality Framework means the national education and care services quality framework; National Quality Standard means the National Quality Standard prescribed by the national regulations; national regulations means the regulations made under this Law; nominated supervisor, in relation to an education and care service, means an individual who— (a) is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and (b) unless the individual is the approved provider, has provided written consent to that nomination; An individual may be both a nominated supervisor of a family day care service and a family day care co ordinator for that service if the individual meets the criteria for each role. office, in relation to a family day care service, means— (a) the principal office of the service; or (b) the principal office of the approved provider of the service; or (c) any other business office of the approved provider of the service; or (d) any premises of the service from which the service's family day care educators are co-ordinated; parent, in relation to a child, includes— (a) a guardian of the child; and (b) a person who has parental responsibility for the child under a decision or order of a court; Part 4 building means— (a) a building that has 3 or more storeys (including the ground level and each level of a split level); or (b) a building of a prescribed class; Part 4 building law, in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 building law; Part 4 jurisdiction means a participating jurisdiction in which Part 4 of this Law applies; See section 105. Part 4 planning law, in relation to a participating jurisdiction, means a law declared by or under a law of that jurisdiction to be a Part 4 planning law; participating jurisdiction means a State or Territory in which— (a) this Law applies as a Law of the State or Territory; or (b) a law that substantially corresponds to the provisions of this Law has been enacted; payment, in relation to a prescribed fee, includes payment by electronic or other means; person means— (a) an individual; or (b) a body corporate; or (c) an eligible association; or (d) a partnership; or (e) a prescribed entity; person in day-to-day charge, in relation to an education and care service, means a person who is placed in day-to-day charge of the service in accordance with the national regulations; person with management or control means a person referred to in section 5A; personal arrangement means education and care provided to a child— (a) by a family member or guardian of a child personally, otherwise than as a staff member of, or under an engagement with, a service providing education and care on a regular basis to children under 13 years of age; or (b) by a friend of the family of the child personally under an informal arrangement where no offer to provide that education and care was advertised; preschool program means an early childhood educational program delivered by a qualified early childhood teacher to children in the year that is 2 years before grade 1 of school; prescribed ineligible person means a person in a class of persons prescribed by the national regulations to be prescribed ineligible persons; prohibition notice means a prohibition notice given under section 182(1), (3) or (4); protected disclosure—see section 296; provider approval means a provider approval— (a) granted under Part 2 of this Law or this Law as applying in another participating jurisdiction; and (b) as amended under this Law or this Law as applying in another participating jurisdiction, but does not include a provider approval that has been cancelled; public sector law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a public sector law for the purposes of this Law; rating assessment means an assessment or reassessment of an approved education and care service under Part 5; Ratings Review Panel means a Ratings Review Panel established under section 146; receiving approved provider has the meaning set out in section 58; recruitment agency means a person that carries on (whether or not with a view to profit and whether or not in conjunction with any other business) the business of procuring education and care related work for individuals seeking such work, whether or not the business includes procuring any other kind of work for those individuals or any other individuals; Regulatory Authority means a person declared by a law of a participating jurisdiction to be the Regulatory Authority for that jurisdiction or for a class of education and care services for that jurisdiction; related provider has the meaning given by section 5B; related provider determination means a determination made under section 5C(1)(a) or (b); relevant Commonwealth Department means the government department administered by the Commonwealth Minister; relevant tribunal or court, in relation to a participating jurisdiction, means the tribunal or court declared by a law of that jurisdiction to be the relevant tribunal or court for the purposes of this Law or a provision of this Law; residence means the habitable areas of a dwelling; school children includes children attending school in the year before grade 1; school means— (a) a government school; or (b) a non‑government school that is registered or accredited under an education law of a participating jurisdiction; serious detrimental action—see section 296; serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident; service approval means a service approval— (a) granted under Part 3 of this Law or this Law as applying in another participating jurisdiction; and (b) as amended under this Law or this Law as applying in another participating jurisdiction, but does not include a service approval that has been cancelled; staff member, in relation to an education and care service, means any individual (other than a nominated supervisor or a volunteer) employed, appointed or engaged to work in or as part of an education and care service, whether as family day care co‑ordinator, educator or otherwise; systemic risk, in relation to an applicant for a provider approval, an approved provider, a related provider of an applicant for a provider approval or a related provider of an approved provider, has the meaning given by section 5D; transferring approved provider has the meaning set out in section 58; working with children card means a card issued to a person under a working with children law of a participating jurisdiction that permits that person to work with children; working with children check means a notice, certificate or other document granted to, or with respect to, a person under a working with children law to the effect that— (a) the person has been assessed as suitable to work with children; or (b) there has been no information that if the person worked with children the person would pose a risk to the children; or (c) the person is not prohibited from attempting to obtain, undertake or remain in child‑related employment; working with children law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with children law for the purposes of this Law; working with vulnerable people law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a working with vulnerable people law for the purposes of this Law. (2) In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to the statutory instruments made or in force under the law or provision. (3) In this Law a reference to education and care includes a reference to education or care. (4) In this Law, an education and care service as defined in subsection (1) is an education and care service even if the service also provides education and care to children of or over the age of 13 years. (5) In this Law, a children's service as defined in subsection (1) is a children's service even if the service also provides education and care to children of or over the age of 13 years. (6) In this Law, a reference to this Law as applying in a jurisdiction, includes a reference to a law that substantially corresponds to this Law enacted, or applying, in a jurisdiction. 5A—Meaning of person with management or control For the purposes of this Law, each of the following persons is a person with management or control of an education and care service: (a) if the provider or intended provider of the service is a body corporate— (i) an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; (b) if the provider or intended provider of the service is an eligible association— (i) each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; (c) if the provider or intended provider of the service is a partnership— (i) each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and (A) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (B) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; (d) in any other case, any person who— (i) is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or (ii) has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service. 5B—Who is a related provider? In this Law, a related provider means a person who is— (a) a related provider within the meaning of section 4A(3) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; or (b) an approved provider who is determined to be related to another approved provider or an applicant for a provider approval under a related provider determination; or (c) a former provider who is determined to be related to an approved provider or an applicant for a provider approval under a related provider determination. 5C—Related provider determination (1) The Regulatory Authority may determine that— (a) one or more approved providers or former providers are related to an applicant for a provider approval; or (b) one or more approved providers or former providers are related to each other. (2) The Regulatory Authority must not make a related provider determination under this section unless it is satisfied that the prescribed circumstances apply. (3) A related provider determination must— (a) set out the reasons for the determination; and (b) be given in accordance with the national regulations to— (i) in the case of a determination under subsection (1)(a), the applicant for the provider approval and each approved provider or former provider who is determined to be related to the applicant; or (ii) in the case of a determination under subsection (1)(b), each approved provider or former provider who is determined to be related to each other. (4) The Regulatory Authority may revoke a related provider determination if it is satisfied that the circumstances prescribed for the purposes of subsection (2) no longer apply. 5D—What is a systemic risk? (1) In this Law, a systemic risk arises in relation to— (a) an applicant for a provider approval if the provider approval is granted and there is— (i) a risk to the safety, health or wellbeing of a child or children to be educated and cared for by an education and care service proposed to be operated by the applicant; or (ii) a risk of the applicant contravening this Law or the national regulations; or (b) an approved provider if there is— (i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the approved provider; or (ii) a risk of the approved provider contravening this Law or the national regulations; or (c) a related provider of an applicant for a provider approval or a related provider of an approved provider if there is— (i) a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the related provider; or (ii) a risk of the related provider contravening this Law or the national regulations. (2) In determining whether there is a systemic risk, the Regulatory Authority may have regard to the following: (a) the nature of the risk; (b) whether the risk is connected to, or is a result of, the governance, ownership or operation of an approved provider or one or more related providers of the approved provider; (c) whether the risk is shared between an approved provider and any related provider of the approved provider; (d) how the risk affects an approved provider and any related provider of the approved provider; (e) any other matter the Regulatory Authority considers relevant. 6—Interpretation generally (1) Schedule 1 applies in relation to this Law. (2) The National Partnership Agreement is declared to be a relevant document for the purposes of Schedule 1 of the definition of extrinsic material in clause 8(1) of Schedule 1. 7—Single national entity (1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of other participating jurisdictions, has the effect that an entity established by this Law is one single national entity, with functions conferred by this Law as so applied. (2) An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction. (3) An entity established by this Law may exercise its functions in relation to— (a) one participating jurisdiction; or (b) 2 or more or all participating jurisdictions collectively. (4) In this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction. 8—Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction. 9—Law binds the State (1) This Law binds the State. State means the Crown in right of this jurisdiction, and includes— (a) the Government of this jurisdiction; and (b) a Minister of the Crown in right of this jurisdiction; and (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction. Part 2—Provider approval Division 1—Application for provider approval 10—Application for provider approval (1) A person, other than a prescribed ineligible person, may apply to the Regulatory Authority for a provider approval. (2) An application may be made by more than one person. (3) If an application is made by more than one person— (a) the prescribed information must be provided in respect of each person; and (b) the requirements of this Division must be complied with by and in respect of each person. 11—Form of application An application under section 10 must— (a) be made to the Regulatory Authority of the participating jurisdiction— (i) in which the applicant, or any of the applicants, is ordinarily resident; or (ii) if the applicant or applicants are not individuals, in which the principal office of the applicant or any of the applicants is located; and 12—Applicant must be fit and proper person (1) An applicant who is an individual must satisfy the Regulatory Authority that the applicant is a fit and proper person to be involved in the provision of an education and care service. (2) If the applicant is not an individual, the applicant must satisfy the Regulatory Authority that— (a) each person who will be a person with management or control of an education and care service to be operated by the applicant is a fit and proper person to be involved in the provision of an education and care service; and (b) the applicant is a fit and proper person to be involved in the provision of an education and care service. (3) The head of a government department administering an education law of a participating jurisdiction is taken to be a fit and proper person for the purposes of this Part. 13—Matters to be taken into account in assessing whether fit and proper person (1) In determining whether a person is a fit and proper person under this Division, the Regulatory Authority must have regard to— (a) the person's history of compliance with— (i) this Law as applying in any participating jurisdiction; and (ii) a former education and care services law of a participating jurisdiction; and (iii) a children's services law of a participating jurisdiction; and (iv) an education law of a participating jurisdiction; and If a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291(5). (b) any decision under a former education and care services law, a children's services law or an education law of a participating jurisdiction to refuse, refuse to renew, suspend or cancel a licence, approval, registration or certification or other authorisation granted to the person under that law; and (c) either— (i) any prescribed matters relating to the criminal history of the person to the extent that history may affect the person's suitability for the role of provider of an education and care service; or (ii) any check of the person under a working with vulnerable people law of a participating jurisdiction; and (d) whether the person is bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors or, in the case of a body corporate, is insolvent under administration or an externally‑administered body corporate. (2) Without limiting subsection (1), the Regulatory Authority may have regard to— (a) whether the person has a medical condition that may cause the person to be incapable of being responsible for providing an education and care service in accordance with this Law; and (b) whether the financial circumstances of the person may significantly limit the person's capacity to meet the person's obligations in providing an education and care service in accordance with this Law; and (c) whether the person has the management capability to operate an education and care service in accordance with this Law; and (d) any of the following actions taken under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth in relation to a child care service approved under that Act, operated by the person or in relation to which the person was a person with management or control— (i) any sanction imposed under section 195H of that Act; (ii) any suspension imposed under section 197A of that Act; (iii) any infringement notice given under section 219WA of that Act. (2A) Without limiting subsections (1) and (2), the Regulatory Authority may have regard to the matters set out in subsections (1) and (2) in respect of any related provider of the applicant if the Regulatory Authority is satisfied that there may be a systemic risk in relation to the applicant or the related provider of the applicant. (3) Nothing in subsection (1), (2) or (2A) limits the circumstances in which a person may be considered not to be a fit and proper person to be involved in the provision of an education and care service. 14—Regulatory Authority may seek further information (1) For the purpose of carrying out an assessment as to whether a person is a fit and proper person, the Regulatory Authority may— (a) ask the person to provide further information, including for the purposes of assessing the person's knowledge of the National Quality Framework; and (b) undertake inquiries in relation to the person; and (c) by written notification, require the person to undergo an oral or written assessment of the person's knowledge of the National Quality Framework. (2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application. (3) If the Regulatory Authority requires the applicant to undergo an assessment under this section, the period from the giving of the notification until the conduct of the assessment is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application. 15—Grant or refusal of provider approval (1) On an application under section 10, the Regulatory Authority may— (a) grant the provider approval; or (b) refuse to grant the provider approval. A provider approval is granted subject to conditions in accordance with section 19. (2) The Regulatory Authority must not grant a provider approval unless the Authority is satisfied as to the matters in section 12. (3) Subject to subsection (4), the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority receives the application. Notes— 1 If further information is requested under section 14(1)(a), the period between the making of the request and the provision of the information is not included in the 60 day period. 2 If an assessment is required under section 14(1)(c), the period between the giving of the notification and the conduct of the assessment is not included in the 60 day period. (4) The period referred to in subsection (3) may be extended by up to 30 days with the agreement of the applicant. (5) The Regulatory Authority is taken to have refused to grant a provider approval if the Regulatory Authority has not made a decision under subsection (1)— (a) within the relevant period required under subsection (3); or (b) within the period extended under subsection (4), 16—Notice of decision on application The Regulatory Authority must give written notice to the applicant of a decision under section 15 and the reasons for that decision within 7 days after the decision is made. 17—Duration of provider approval A provider approval granted under section 15 continues in force until it is cancelled or surrendered under this Law, or this Law as applying in a participating jurisdiction. 18—Effect of provider approval A provider approval authorises the approved provider to operate an approved education and care service and an associated children's service if the approved provider is the holder of the service approval for those services. 19—Conditions on provider approval (1) A provider approval may be granted subject to any conditions that are prescribed in the national regulations or that are determined by the Regulatory Authority. (2) Without limiting subsection (1), a provider approval is subject to the condition that the approved provider must comply with this Law. (3) A condition of a provider approval applies to the provider as the operator of any education and care service or associated children's service, unless the condition expressly provides otherwise. (4) An approved provider must comply with the conditions of the provider approval. 20—Copy of provider approval If the Regulatory Authority grants a provider approval under this Part, the Regulatory Authority must provide a copy of the provider approval to the approved provider stating— (a) the name of the approved provider; and (b) if the approved provider is not an individual, the address of the principal office of the provider; and (c) any conditions to which the approval is subject; and (d) the date that the provider approval was granted; and (e) the provider approval number; and Division 2—Reassessment 21—Reassessment of fitness and propriety (1) The Regulatory Authority may at any time assess— (a) whether an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or (b) whether a person with management or control of an education and care service operated by an approved provider continues to be a fit and proper person to be involved in the provision of an education and care service; or (c) whether a person who becomes a person with management or control of an education and care service operated by the approved provider after the grant of the provider approval is a fit and proper person to be involved in the provision of an education and care service. (2) Sections 13 and 14 apply to the reassessment. Division 3—Amendment of provider approvals 22—Amendment of provider approval on application (1) An approved provider may apply to the Regulatory Authority for an amendment of the provider approval. (3) The Regulatory Authority must decide the application by— (a) amending the provider approval in the way applied for; or (b) with the applicant's written agreement, amending the provider approval in another way; or (c) refusing to amend the provider approval. (4) The Regulatory Authority must make a decision on the application within 30 days after the Regulatory Authority receives the application. (5) Without limiting subsection (3), an amendment may vary a condition of the provider approval or impose a new condition on the provider approval. 23—Amendment of provider approval by Regulatory Authority (1) The Regulatory Authority may amend a provider approval at any time without an application from the approved provider. (2) Without limiting subsection (1), an amendment may vary a condition of the provider approval or impose a new condition on the provider approval. (2A) Without limiting subsections (1) and (2), the Regulatory Authority may amend an approved provider's provider approval, vary a condition on an approved provider's provider approval or impose a new condition on an approved provider's provider approval if the Regulatory Authority is satisfied that— (b) the amendment of the provider approval, the variation of the condition on the provider approval or the imposition of the new condition on the provider approval is reasonably necessary to address the systemic risk. (3) The Regulatory Authority must give written notice to the approved provider of the amendment. (4) An amendment under this section has effect— (a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or 24—Copy of amended provider approval to be provided If the Regulatory Authority amends a provider approval under this Division, the Regulatory Authority must— (a) provide an amended copy of the provider approval to the approved provider; and (b) make any necessary amendments to any service approval held by the provider and provide an amended copy of the service approval to the approved provider. Division 4—Suspension or cancellation of provider approval 25—Grounds for suspension of provider approval (1) The Regulatory Authority may suspend a provider approval if— (a) the approved provider has been charged with an indictable offence, or with an offence that if committed in this jurisdiction would be an indictable offence, or any other circumstance indicates that the approved provider may not be a fit and proper person to be involved in the provision of an education and care service; or (b) the approved provider has failed to comply with a condition of the provider approval; or (c) the approved provider has failed to comply with this Law as applying in any participating jurisdiction; or (d) action is being taken under Part 7 (other than a compliance direction) in respect of more than one education and care service operated by the approved provider; or (e) the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or (f) the approved provider purported to transfer or receive a transfer of an approved education and care service without the consent of the Regulatory Authority; or (g) the approved provider has not paid any outstanding prescribed fees; or (h) under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. (i) the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act. The Regulatory Authority must refuse to approve a provider if the Regulatory Authority is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. (2) Without limiting subsection (1), the Regulatory Authority may suspend an approved provider's provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that— (b) the suspension is reasonably necessary to address the systemic risk. 26—Show cause notice before suspension (1) This section applies if the Regulatory Authority is considering the suspension of a provider approval under section 25. (a) that the Regulatory Authority intends to suspend the provider approval; and (b) the proposed period of suspension; and (c) the reasons for the proposed suspension; and (d) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension. 27—Decision to suspend after show cause process After considering any written response from the approved provider received within the time allowed by section 26(2)(d), the Regulatory Authority may— (a) if the suspension was proposed on a ground referred to in section 25(1)(a), accept an undertaking from the approved provider under section 179A; or (b) in any case— (i) suspend the provider approval for a period not more than the prescribed period; or (ii) decide not to suspend the provider approval. 28—Suspension without show cause notice (1) The Regulatory Authority may suspend the provider approval on a ground referred to in section 25 without giving the approved provider a show cause notice under section 26 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the provider. (2) The suspension may not be for a period of more than 6 months. 29—Notice and taking effect of suspension (1) The Regulatory Authority must give the approved provider written notice of the decision to suspend the provider approval. (2) The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect. (3) The decision under section 27 to suspend takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period. (4) The decision under section 28 to suspend takes effect on the giving of the notice. 30—Effect of suspension (1) Subject to this section, if a provider approval is suspended under section 27 or 28 of this Law as applying in any participating jurisdiction, all service approvals held by the provider are also suspended for the same period. (2) A suspension under subsection (1) applies to both education and care services and any associated children's services. (3) A person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension. (4) A service approval is not suspended under subsection (1) during any period that a person is approved under section 41 to manage or control the education and care service. (5) The Regulatory Authority may consent under Part 3 to the transfer of a service approval that is suspended under section 27 or 28. (6) The suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the Regulatory Authority on the consent to the transfer specify a later date. 31—Grounds for cancellation of provider approval (1) The Regulatory Authority may cancel a provider approval if— (a) the Regulatory Authority is satisfied that the approved provider or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service; or (b) the Regulatory Authority is satisfied that the continued provision of education and care services by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by an education and care service operated by the approved provider; or (c) the approved provider has been found guilty of an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or (d) the approved provider has been found guilty of an offence under this Law as applying in any participating jurisdiction; or (e) the approved provider has breached a condition of the provider approval; or (f) the approved provider has not operated any education and care service for a period of more than 12 months (including any period of suspension); or (g) under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. (h) the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act. The Regulatory Authority must refuse to approve a provider if the Regulatory Authority is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. (2) Without limiting subsection (1), the Regulatory Authority may cancel an approved provider's provider approval if one or more grounds set out in subsection (1) apply to a related provider of the approved provider and the Regulatory Authority is satisfied that— (b) the cancellation is reasonably necessary to address the systemic risk. 32—Show cause notice before cancellation (1) This section applies if the Regulatory Authority is considering the cancellation of a provider approval under section 31. (a) that the Regulatory Authority intends to cancel the provider approval; and (c) that the approved provider may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed cancellation. 33—Decision in relation to cancellation (1) After considering any written response from the approved provider received within the time allowed under section 32(2)(c), the Regulatory Authority— (i) cancel the provider approval; or (ii) suspend the provider approval for a period not more than the prescribed period; or (iii) decide not to cancel the provider approval; and (b) must give the approved provider written notice of the decision. (2) The decision to cancel the provider approval takes effect at the end of 14 days after the date of the decision or, if another period is specified by the Regulatory Authority, at the end of that period. (3) The notice of a decision to cancel the provider approval must set out the date on which it takes effect. (4) This Law applies to a suspension of a provider approval under this section as if it were a suspension under section 27. 34—Effect of cancellation (1) Subject to this section, if a provider approval is cancelled under section 33 of this Law as applying in any participating jurisdiction, all service approvals held by the person who was the approved provider are also cancelled. (2) A cancellation under subsection (1) applies to both education and care services and any associated children's services. (3) A service approval is not cancelled under subsection (1) if before that cancellation a person is approved under section 41 to manage or control the education and care service. (4) A service approval is cancelled if a person referred to in subsection (3) ceases to manage or control the service. (5) A provider whose provider approval is to be cancelled under section 33 may apply to the Regulatory Authority under Part 3 for consent to transfer a service approval held by the provider. (6) The application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made. (7) If an application for consent to transfer is made, the service approval is suspended until the Regulatory Authority determines the application. (8) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer specify a later date. (9) If the Regulatory Authority refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent. 35—Approved provider to provide information to Regulatory Authority (1) This section applies if a show cause notice has been given to an approved provider under section 26 or 32. (2) The approved provider, at the request of the Regulatory Authority, must, within 7 days of the request, provide the Regulatory Authority with the contact details of the parents of all children enrolled at each education and care service operated by the approved provider. (3) The Regulatory Authority may use the information provided under subsection (2) solely to notify the parents of children enrolled at an education and care service about the suspension or cancellation. 36—Notice to parents of suspension or cancellation (1) This section applies if a provider approval has been suspended or cancelled under section 27, 28, 33 or 34. (2) The Regulatory Authority may require the person who is or was the approved provider to give written notice of the suspension or cancellation and its effect to the parents of children enrolled at all or any of the education and care services operated by that person. (3) A person must comply with a requirement made of that person under subsection (2). 37—Voluntary suspension of provider approval (1) An approved provider may apply to the Regulatory Authority for a suspension of the provider approval for a period of not more than 12 months. (3) The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the education and care services operated by the approved provider of the intention to make the application. (4) The Regulatory Authority must within 30 days after the application is made decide whether or not to grant the application. (5) The Regulatory Authority must give written notice of its decision (including the period of suspension) to the approved provider. (6) If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the approved provider. (7) A suspension under this section remains in force for the period of time specified in the notice. (8) The approved provider may apply to the Regulatory Authority to revoke the suspension before the end of the suspension period. (9) If the Regulatory Authority grants the application to revoke the suspension, the suspension ceases on the date determined by agreement with the approved provider. (10) If a provider approval is suspended under this section, each service approval held by the provider is also suspended for the same period unless— (a) a person is approved under section 41 to manage or control the education and care service to which the approval relates; or (b) the service approval is transferred under Division 3 of Part 3. 38—Surrender of provider approval by approved provider (1) An approved provider may surrender the provider approval by written notice to the Regulatory Authority. (2) The notice must specify a date on which the surrender is intended to take effect which must be— (a) after the notice is given; and (b) after the end of the period of notice required under subsection (3). (3) The approved provider must notify the parents of children enrolled at the education and care services operated by the approved provider of the intention to surrender the provider approval, at least 14 days before the surrender is intended to take effect. (4) If a provider approval is surrendered, the approval is cancelled on the date specified in the notice. (5) If a provider approval is surrendered, any service approval held by the provider is also taken to be surrendered. If a service approval is surrendered, it is cancelled—see section 86. A cancelled service approval cannot be transferred—see definition of service approval and also Division 3 of Part 3.