Part 13Information, records and privacy

Part 13—Information, records and privacy Division 1—Privacy 263—Application of Commonwealth Privacy Act (1) The Privacy Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework. (2) For the purposes of subsection (1), the Privacy Act applies— (a) as if a reference to the Office of the Privacy Commissioner were a reference to the Office of the National Education and Care Services Privacy Commissioner; and (b) as if a reference to the Privacy Commissioner were a reference to the National Education and Care Services Privacy Commissioner; and (c) with any other modifications made by the national regulations. (3) Without limiting subsection (2)(c), the national regulations may— (a) provide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the national regulations were omitted; or (b) provide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or Privacy Act means the Privacy Act 1988 of the Commonwealth, as in force from time to time. Division 2—Application of Commonwealth FOI Act 264—Application of Commonwealth FOI Act (1) The FOI Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework. (2) For the purposes of subsection (1), the FOI Act applies— (a) as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Education and Care Services Freedom of Information Commissioner; and (b) as if a reference to the Information Commissioner were a reference to the National Education and Care Services Freedom of Information Commissioner; and (c) with any other modifications made by the national regulations. (a) provide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the national regulations were omitted; or (b) provide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or FOI Act means the Freedom of Information Act 1982 of the Commonwealth, as in force from time to time. Division 3—Application of New South Wales State Records Act 265—Application of State Records Act (1) The State Records Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework except to the extent that this Law applies to a Regulatory Authority and the records of a Regulatory Authority. (2) The national regulations may modify the State Records Act for the purposes of this Law. (a) provide that the State Records Act applies under subsection (1) as if a provision of the State Records Act specified in the national regulations were omitted; or (b) provide that the State Records Act applies under subsection (1) as if an amendment to the State Records Act made by a law of New South Wales, and specified in the national regulations, had not taken effect; or State Records Act means the State Records Act 1998 of New South Wales, as in force from time to time. Division 4—Registers 266—Register of approved providers (1) The National Authority must keep a register of approved providers. (2) The register must contain— (a) the name of each approved provider; and (ab) the name of each related provider of each approved provider; and (b) any other prescribed information. (3) The register of approved providers may be inspected at the office of the National Authority during normal office hours without charge. (4) A person may obtain a copy of, or extract from, the register of approved providers on payment of the prescribed fee. 267—Register of education and care services (1) The Regulatory Authority must keep a register of approved education and care services operating in the participating jurisdiction. (2) The register of approved education and care services must contain the following information: (a) the name of each service; (b) the name of the approved provider of each service; (c) except in the case of a family day care service, the address of each education and care service premises; (d) in the case of an approved family day care service, the address of the principal office of the service; (e) the rating levels for each service; (f) any other prescribed information. (3) The register of approved education and care services may be inspected at the office of the Regulatory Authority during normal office hours without charge. (4) A person may obtain a copy of, or extract from, the register of approved education and care services on payment of the prescribed fee. (5) The Regulatory Authority must provide a copy of the register of approved education and care services (as updated from time to time) to the National Authority and the relevant Commonwealth Department. 269—Register of family day care educators, co‑ordinators and assistants (1) The approved provider of a family day care service must keep a register at the principal office of the service that contains the prescribed information in respect of the following persons— (a) each family day care educator engaged by or registered with the service; (b) each family day care co-ordinator employed or engaged by the service; (c) each family day care educator assistant engaged by or registered with the service. (2) The approved provider must take reasonable steps to ensure that the information contained in the register is accurate. (3) The approved provider must provide any information on the register and any changes to the information on the register to the Regulatory Authority on request within 24 hours of the Regulatory Authority's request. (4) The approved provider must keep the register in accordance with the prescribed requirements (if any).