Part 15Transitional provisions

Part 15—Transitional provisions Division 1—Introductory 305—Definitions declared approved family day care service, in relation to a participating jurisdiction, means an education and care service that is declared by a law of that jurisdiction to be a declared approved family day care service for the purposes of this Law; declared approved family day care venue, in relation to a participating jurisdiction, means a place other than a residence that is declared by a law of that jurisdiction to be a declared approved family day care venue for the purposes of this Law; declared approved provider, in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared approved provider for the purposes of this Law; declared approved service, in relation to a participating jurisdiction, means an education and care service that is declared by a law of that jurisdiction to be a declared approved service for the purposes of this Law; declared certified supervisor, in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared certified supervisor for the purposes of this Law; declared compliance notice, in relation to a participating jurisdiction, means an order or notice under a former education and care services law that is declared by a law of that jurisdiction to be a declared compliance notice for the purposes of this Law; declared enforceable undertaking, in relation to a participating jurisdiction, means an undertaking entered into under a former education and care services law that is declared by a law of that jurisdiction to be a declared enforceable undertaking under this Law; declared nominated supervisor, in relation to a participating jurisdiction, means a person or a person in a class of persons declared by a law of that jurisdiction to be a declared nominated supervisor for the purposes of this Law; declared out of scope service, in relation to a participating jurisdiction, means an education and care service— (a) for which a former approval was not required under a former education and care services law; and (b) that is declared by a law of that jurisdiction to be a declared out of scope service for the purposes of this Law; former approval, in relation to a participating jurisdiction, means an approval, licence or other authorisation under a former education and care services law that is declared by a law of that jurisdiction to be a former approval for the purposes of this Law; scheme commencement day means the day on which Part 2, 3 and 4 of this Law commence. Division 2—Education and care services 306—Approved provider (1) Any person who immediately before the scheme commencement day was a declared approved provider is taken to be an approved provider under this Law. (2) Subsection (1) does not apply if the declared approved provider is a prescribed ineligible person. (3) Subsection (1) does not apply to a declared approved provider whose former approval was suspended under the former education and care services law immediately before the scheme commencement day because the provider was not a fit and proper person (however described) to operate the declared approved service. (4) If a declared approved provider is a trust, the trustee or trustees of the trust are taken to be an approved provider under this Law. (5) The trust must, within 30 days after the scheme commencement day, notify the Regulatory Authority of the identity of the trustees of the trust. (6) If a notice is not given under subsection (5) within the required period, each trustee of the trust ceases to be an approved provider under this Law at the end of that period. (7) If a person is taken under this section to be an approved provider, the person is taken to be the holder of a provider approval for the purposes of this Law. (8) If a person is taken under this section to hold a provider approval, any conditions of the former approval relating to that person are taken to be conditions of the provider approval unless they are inconsistent with this Law. (9) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to be the holder of a provider approval with a copy of the provider approval setting out the relevant matters in section 20. 307—Service approvals (1) Any person who immediately before the scheme commencement day held a former approval in respect of a declared approved service (other than a declared approved family day care service) is taken to hold a service approval in respect of that service under this Law. (2) Any person who immediately before the scheme commencement day held a former approval with respect to a declared approved family day care service is taken to hold a service approval for that family day care service under this Law. (3) Subsections (1) and (2) do not apply if the person is a prescribed ineligible person. (4) If subsection (1) or (2) applies, the declared approved service is taken from the scheme commencement day to be an approved education and care service. (5) This section does not apply to a former approval that was under suspension under the former education and care services law immediately before the scheme commencement day because the person who held that approval was not a fit and proper person (however described) to operate the declared approved service. (6) If a former approval was under suspension under the former education and care services law immediately before the scheme commencement day for a reason other than the reason in subsection (5), the service approval for the education and care service under this Law is taken to be suspended under this Law for the period of the suspension. (7) The Regulatory Authority must determine before the expiry of the period of suspension referred to in subsection (6) (other than for a voluntary suspension) whether— (a) the suspension should be cancelled or a further period of suspension should be imposed; or (b) the service approval should be cancelled. (8) Any conditions imposed on the former approval under the former education and care services law are taken to be conditions on the service approval unless the conditions are inconsistent with this Law. (9) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to hold a former approval in respect of a declared approved service with a copy of the service approval for the service setting out the relevant matters in section 52. 308—Approved family day care venues A declared approved family day care venue existing under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be an approved family day care venue under this Law. 309—Approval of declared out of scope services A person who operated a declared out of scope service immediately before the scheme commencement day is taken under this Law to hold a provider approval and a service approval for the declared out of scope service for the period from and including 1 January 2012— (a) to 30 June 2012, unless paragraph (b) applies; or (b) if the person applies under this Law to the Regulatory Authority for a provider approval and for a service approval and the applications are received by the Regulatory Authority on or before 30 June 2012, to the date on which those applications are finally determined under this Law. 310—Application for service waiver or temporary waiver (1) This section applies to an education and care service that was exempt under a former education and care services law from a requirement of that law. (2) The education and care service is taken to comply with an equivalent requirement under this Law for the period from and including 1 January 2012— (a) to 31 March 2012, unless paragraph (b) applies; or (b) if the provider of the education and care service applies to the Regulatory Authority under this Law for a temporary waiver or service waiver under this Law in respect of that requirement and the application is received by the Regulatory Authority on or before 31 March 2012, to the date on which the application is finally determined under this Law. 311—Existing applicants (1) This section applies if a person has made an application for a former approval under a former education and care services law in respect of an education and care service before the scheme commencement day. (2) The applicant is taken to be an applicant for a provider approval and a service approval under this Law. (3) The Regulatory Authority may— (a) ask the applicant for more information; and (b) inspect— (i) the premises of the service and the offices of the applicant; and (ii) any documents relating to the applicant; and (c) exercise any power under section 14 or section 46 in relation to the application. (4) This section does not apply if the applicant is a prescribed ineligible person. 312—Existing multiple approvals to merge (1) If the holder of a former approval held more than one former approval in respect of the same premises, the former approvals are taken to be one service approval in respect of those premises for the purposes of this Law. (2) This section does not apply to a former approval for a family day care service. (3) This section does not apply to a former approval to which section 311 applies. 313—Display of accreditation and rating (1) This section applies to a declared approved service that is taken under this Part to be an approved education and care service. (2) The approved provider must display the provisional rating of that approved education and care service in accordance with section 172 until a first rating assessment is completed and a rating level given to the service after that assessment is published under Part 5. (3) If the education and care service was accredited by the National Child Care Accreditation Council before the scheme commencement day, the approved provider of the education and care service must continue to display that accreditation at the service together with the provisional rating until a first rating assessment is completed and a rating (other than a provisional rating) given to the service after that assessment is published under Part 5. 314—Effect of non-compliance in 3 years before scheme commencement day (1) In determining whether to suspend or cancel under Part 2 a provider approval referred to in section 306, the Regulatory Authority— (a) may take into account any non‑compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but (b) must not suspend or cancel the provider approval solely on the basis of that non‑compliance. (2) In determining whether to suspend or cancel under Part 3 a service approval referred to in section 307(1), the Regulatory Authority— (a) may take into account any non‑compliance by the approved provider with a former education and care services law that occurred in the period of 3 years immediately preceding the scheme commencement day; but (b) must not suspend or cancel the service approval solely on the basis of that non‑compliance. 315—Certified supervisors (1) A person who was a declared certified supervisor immediately before the scheme commencement day is taken to be a certified supervisor under this Law. (2) The Regulatory Authority must, on or before 30 June 2012, provide each person who is taken under this section to be a certified supervisor with a copy of the supervisor certificate setting out the relevant matters in section 116. (3) Subsection (1) applies even if the declared certified supervisor was suspended immediately before the scheme commencement day but the person's supervisor certificate under this Law is taken to be suspended for the remaining period that the person was suspended as a declared certified supervisor. 316—Nominated supervisors (1) A person who immediately before the scheme commencement day was a declared nominated supervisor for a declared approved service that is taken under section 307 to be an approved education and care service is taken to be the nominated supervisor for that approved education and care service. (2) Subsection (1) ceases to apply if— (a) the approved provider does not confirm the nomination within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority; or (b) the person advises the Regulatory Authority in writing that the person does not consent to being the nominated supervisor of the education and care service. 317—Notices and undertakings (1) A declared compliance notice in force under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be a compliance notice under this Law. (2) A declared enforceable undertaking in force under a former education and care services law immediately before the scheme commencement day is taken on and after the scheme commencement day to be an enforceable undertaking under this Law. 318—Offences The Regulatory Authority may bring or continue a prosecution for any offence under a former education and care services law in relation to a service that is taken to be an education and care service. Division 3—National Authority 319—First meeting of National Authority Despite section 239, the Ministerial Council is to convene the first meeting of the Board of the National Authority. 320—First chief executive officer of National Authority (1) Despite section 248, the first chief executive officer of the National Authority is to be appointed by the Chairperson of the Ministerial Council on the basis of a consensus recommendation of the Ministerial Council. (2) The appointment is to be on the remuneration and other terms and conditions set out in the appointment. (3) Any amount payable to the first chief executive officer under the appointment is payable from the Authority Fund. 321—First annual report of National Authority Despite section 279, the first annual report of the National Authority— (a) is to be made within 4 months after the end of the financial year ending 30 June 2012; and (b) is to cover the period from the first meeting of the National Authority until 30 June 2012. Division 4—General 322—Information retention and sharing (1) The Regulatory Authority must, in accordance with the national regulations, keep all prescribed information held by the Regulatory Authority (or any regulatory body under the former education and care services law) in relation to— (a) the licensing or approval of education and care services under the former education and care services law; and (b) the monitoring and enforcement of the former education and care services law in relation to education and care services. (2) Information referred to in subsection (1) may be— (a) used for information purposes under this Law; and (b) held by the Regulatory Authority in any form; and (c) made available to the Regulatory Authorities of other participating jurisdictions and the National Authority. (3) A provider of an education and care service existing immediately before the scheme commencement day must, in accordance with the national regulations— (a) continue to keep all documents required under the former education and care services law to be kept in respect of the service; and (b) make those documents available to the Regulatory Authority on request. 323—Approved learning framework A declared approved learning framework is taken to be an approved learning framework under this Law. 324—Savings and transitional regulations (1) The national regulations may contain provisions (savings and transitional provisions) of a savings or transitional nature— (a) consequential on the enactment of this Law in a participating jurisdiction; or (b) to otherwise allow or facilitate the change from the operation of a former education and care services law of a participating jurisdiction to the operation of this Law. (2) Savings and transitional regulations may have retrospective operation to a day not earlier than the day on which section 1 of this Law commences. 324A—Regulations dealing with transitional matters—Early Childhood Legislation Amendment (Child Safety) Act 2025 of Victoria (1) The Ministerial Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Early Childhood Legislation Amendment (Child Safety) Act 2025 of Victoria, including any repeals and amendments made by, or as a result of, the enactment of that Act. (2) Regulations made under this section may— (a) have a retrospective effect to the day on which the Early Childhood Legislation Amendment (Child Safety) Act 2025 of Victoria receives the Royal Assent; and (b) be of limited or general application; and (c) differ according to time, place or circumstances; and (d) leave any matter or thing to be decided by a specified person or class of person. (3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Law) or in any subordinate instrument. (4) This section is repealed on the second anniversary of its commencement. Division 5—Transitional provisions—Education and Care Services National Law Amendment Act 2017 325—Definitions