Education and Early Childhood Services (Registration and Standards) Act 2011
Part 12Regulatory Authority
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Part 12—Regulatory Authority 260—Functions of Regulatory Authority The Regulatory Authority has the following functions under this Law in relation to this jurisdiction: (a) to administer the National Quality Framework; (b) to assess approved education and care services against the National Quality Standard and the national regulations and determine the ratings of those services; (c) to monitor and enforce compliance with this Law; (d) to receive and investigate complaints arising under this Law; (e) in conjunction with the National Authority and the relevant Commonwealth Department, to educate and inform education and care services and the community in relation to the National Quality Framework; (f) to work in collaboration with the National Authority to support and promote continuous quality improvements in education and care services; (g) to undertake information collection, review and reporting for the purposes of— (i) the regulation of education and care services; and (ii) reporting on the administration of the National Quality Framework; and (iii) the sharing of information under this Law; (h) any other functions conferred on the Regulatory Authority under this Law. 261—Powers of Regulatory Authority (1) The Regulatory Authority has the power to do all things that are necessary or convenient to be done for, or in connection with, or that are incidental to the carrying out of its functions under this Law. (2) Without limiting subsection (1), the Regulatory Authority has the following powers under this Law in relation to this jurisdiction: (a) to collect, hold and use information obtained under this Law by the Regulatory Authority or the National Authority about the provision of education and care to children including information about outcomes for children and information about providers of education and care services in each participating jurisdiction; (b) subject to the Privacy Act 1988 of the Commonwealth, to collect, hold and use information about providers of education and care services, nominated supervisors, staff members and volunteers; (c) to maintain and publish registers of approved providers and approved education and care services; (d) to publish information about the National Quality Framework, including ratings and prescribed information about compliance with this Law; (e) to collect, waive, reduce, defer and refund fees (including late payment fees) and enter into agreements in relation to fees; (f) to enter into agreements relating to fees and funding with the National Authority; (g) to exercise any other powers conferred on it by this Law. 262—Delegations (1) The Regulatory Authority may in writing delegate any of its functions and powers under this Law (other than this power of delegation) to— (a) any person employed under a public sector law of this jurisdiction; or (b) a prescribed person or a person in a prescribed class of persons. (2) A delegate of the Regulatory Authority must disclose to the Regulatory Authority, at the request of the Authority, any direct or indirect personal or pecuniary interest the delegate may have in relation to the delegated functions and powers.