Part 2Adoption of Education and Care Services National Law

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).