Div 4ANational Early Childhood Worker Register

Division 4A—National Early Childhood Worker Register 269A—Who is an education and care service worker? In this Division, each of the following is an education and care service worker: (a) a nominated supervisor of an education and care service; (b) a staff member of an education and care service; (c) a volunteer at an education and care service. 269B—National Early Childhood Worker Register (1) The National Authority must establish and maintain the National Early Childhood Worker Register. (2) The National Authority may include the following information in the National Early Childhood Worker Register about each education and care service worker: (a) the person's full name and any alias name or former name; (b) the person's address and telephone number; (c) the person's date of birth; (d) in relation to each education and care service where the education and care service worker is or has been employed, engaged or appointed— (i) the role in which the person is or has been employed, engaged or appointed in or as part of the service; and (ii) the name of the service; and (iii) the date that the person was employed, engaged or appointed in or as part of the service; and (iv) the date the person ceased to be employed, engaged or appointed in or as part of the service (if applicable); and (e) any other prescribed information. 269C—National Authority may access and use information on other registers (1) The National Authority may use any information on the register of approved providers kept under section 266 for the purposes of the National Authority establishing and maintaining the National Early Childhood Worker Register under this Law. (2) The National Authority may access and use any information on the register of approved education and care services kept under section 267 or the register of family day care educators, co‑ordinators and assistants kept under section 269 for the purposes of the National Authority establishing and maintaining the National Early Childhood Worker Register under this Law. 269D—Access to National Early Childhood Worker Register (1) The National Authority is authorised to access the National Early Childhood Worker Register for the purposes of the National Authority— (a) maintaining the register under this Law; or (b) performing any other function of the National Authority under this Law. (2) The Regulatory Authority is authorised to access the National Early Childhood Worker Register for the purposes of the Regulatory Authority performing its functions under this Law. (3) An approved provider of an education and care service is authorised to access the National Early Childhood Worker Register to the extent that the register relates to the service for purposes related to providing information to the National Authority in accordance with section 269E. 269E—Approved provider must give information to the National Authority for the National Early Childhood Worker Register (1) An approved provider of an education and care service must take reasonable steps to ensure that the information set out in section 269B(2) is provided to the National Authority— (a) within the prescribed time after an education and care service worker is employed, engaged or appointed at the service; and (b) in the manner and form approved by the Authority. (2) An approved provider of an education and care service must take reasonable steps to ensure that the National Authority is notified about any changes to information on the National Early Childhood Worker Register about an education and care service worker employed, engaged or appointed at the service— (a) within the prescribed time after the approved provider becomes aware of the change; and (b) in the manner and form approved by the Authority. (3) An approved provider of an education and care service does not contravene subsection (1) or (2) during the period beginning on the day on which Part 4 of the Early Childhood Legislation Amendment (Child Safety) Act 2025 of Victoria commences and ending on the day that is one month after that commencement. 269F—Collection by National Authority of information for the purposes of maintaining the National Early Childhood Worker Register The National Authority may collect information from an approved provider of an education and care service or a recruitment agency for the purposes of maintaining the National Early Childhood Worker Register. 269G—Collection, use and disclosure by National Authority of information on the National Early Childhood Worker Register (1) The National Authority may collect and use information on the National Early Childhood Worker Register for the purposes of the National Authority performing any of its functions under this Law. (2) The National Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to— (e) the Regulatory Authority. (3) The purposes for disclosure of information under this section are— (a) the disclosure is for the purposes of enabling or assisting the National Authority to perform any of its functions under this Law; or (b) the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or (c) the disclosure is for the purposes of enabling or assisting the other entity to perform any of its functions under this Law or any other Act; or (d) the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or (e) the disclosure is for a purpose relating to the funding of education and care services; or (f) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law. (4) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— (b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction. (5) Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than— (a) an approved provider or a nominated supervisor; or (b) a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or 269H—Collection, use and disclosure by Regulatory Authority of information on the National Early Childhood Worker Register (1) The Regulatory Authority may collect and use information on the National Early Childhood Worker Register for the purposes of the Regulatory Authority performing any of its functions under this Law. (2) The Regulatory Authority may disclose information on the National Early Childhood Worker Register for a purpose listed in subsection (3) to— (e) another Regulatory Authority. (3) The purposes for disclosure of information under this section are— (a) the disclosure is for the purposes of enabling or assisting the other Regulatory Authority to perform any of its functions under this Law or any other Act; or (b) the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or (c) the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions under this Law or any other Act; or (d) the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or (e) the disclosure is for a purpose relating to the funding of education and care services; or (f) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law. (4) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— (b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction. (5) Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than— (a) an approved provider or a nominated supervisor; or (b) a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or Division 5—Publication of information 270—Publication of information (1) The National Authority and the Regulatory Authority may publish the following information about approved providers, approved education and care services and nominated supervisors: (a) the name of each provider, service or supervisor; (b) except in the case of approved family day care services, the address of each education and care service premises; (c) in the case of approved family day care services, the address of the principal office of each service; (d) the rating levels of each approved education and care service; (da) any prescribed information in relation to a related provider determination made in respect of an approved provider; (e) other prescribed information in respect of approved education and care services. (2) The National Authority— (a) must publish on its website the register of approved providers; and (b) may publish on its website the register of approved education and care services as kept by a Regulatory Authority. (3) The Regulatory Authority must publish on its website the register of approved education and care services kept by the Regulatory Authority. (4) The relevant Commonwealth Department is authorised to publish the register of approved education and care services on a website kept by that department. (5) The Regulatory Authority may publish the prescribed information about— (a) enforcement actions taken under this Law, including information about compliance notices, prosecutions, enforceable undertakings, suspension or cancellation of approvals; and (b) any prescribed matters. (6) Information published under this section must not include information that could identify or lead to the identification of an individual other than— (a) an approved provider or nominated supervisor; or (b) a person who is being prosecuted for an offence against this Law; or (c) if the Regulatory Authority is satisfied that it is in the public interest to do so, a person with management or control of an education and care service. Division 6—Disclosure of information 271—Disclosure of information to other authorities (1) The National Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4), to— (e) a Regulatory Authority of a participating jurisdiction. (2) The Regulatory Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4), to— (e) a Regulatory Authority of another participating jurisdiction. (3) The National Authority, the Regulatory Authority and any Government Department, public authority or local authority may disclose information to each other in respect of an education and care service for a purpose listed in subsection (4). (3A) The National Authority and the Regulatory Authority may disclose to each other information about a related provider of an approved provider or a related provider determination if the disclosure is reasonably necessary for the purposes of monitoring compliance with this Law. (4) The purposes for disclosure of information under this section are— (a) the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or (b) the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions or powers under this Law; or (c) the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or (d) the disclosure is for a purpose relating to the funding of education and care services; or (e) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law. (5) The Regulatory Authority must disclose to the Regulatory Authorities of other participating jurisdictions the suspension or cancellation of a working with children check, working with children card or teacher registration of a nominated supervisor of which it is notified under this Law. (6) The Regulatory Authority may disclose to the head of the government department responsible for the administration of a working with children law, any prohibition notice given under this Law as applying in any participating jurisdiction in respect of the person. (7) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— (b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction. (8) Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than— (a) an approved provider (including any related provider of an approved provider) or a nominated supervisor; or (b) a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or 272—Disclosure of information to approved providers (1) The National Authority or the Regulatory Authority may disclose the following information to an approved provider if the National Authority or Regulatory Authority considers on reasonable grounds that the information may assist the provider to comply with this Law: (a) whether an individual who is employed, appointed or engaged by the approved provider has given an enforceable undertaking under section 179A that is in force, including information about the following: (i) the provisions of this Law that the individual has contravened or is alleged to have contravened; (ii) the actions that the individual must take or refrain from taking to comply with the enforceable undertaking; (iii) whether the individual is complying with the enforceable undertaking; (b) whether an individual who is employed, appointed or engaged by the approved provider is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction; (c) whether a family day care educator employed, appointed or engaged by the approved provider has been suspended from providing education and care to children under section 178. (2) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— (b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction. 272A—Disclosure of information to recruitment agencies (1) The National Authority or the Regulatory Authority may disclose the following information to a recruitment agency for the purposes of promoting the objectives of the National Quality Framework: (a) whether a specified person has given an enforceable undertaking under section 179A that is in force, including information about the following: (i) the provisions of this Law that the specified person has contravened or is alleged to have contravened; (ii) the actions that the specified person must take or refrain from taking to comply with the enforceable undertaking; (iii) whether the specified person is complying with the enforceable undertaking; (b) whether a specified person is subject to a prohibition notice that is in force under this Law as applying in any participating jurisdiction; (c) whether a specified person has been suspended from providing education and care to children as part of a family day care service under section 178. (2) A disclosure of information under this section is subject to Division 1 and any protocol agreed for the purposes of this section by— (b) subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction. specified person means an individual who has entered into an agreement with a recruitment agency for the agency to procure for that individual education and care related work. 273—Duty of confidentiality (1) An individual who is, or who has been, a person exercising functions under this Law must not disclose to another person protected information. Penalty: $17 100. (2) However, subsection (1) does not apply if— (a) the information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or (b) the disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or (c) the disclosure is with the agreement of the person to whom the information relates; or (d) the information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or (e) the information is, or has been accessible to the public, including because it was published for the purposes of, or in accordance with, this Law; or (f) the disclosure is otherwise authorised by the Ministerial Council. protected information means information— (a) that is personal to a particular individual and that identifies or could lead to the identification of the individual; and (b) that comes to a person's knowledge in the course of, or because of, the person exercising functions under this Law.