Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011 S.R. No. 161/2011 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Excluded services 2 5 Integrated licences including limited hours services 3 6 Licensed children's service included in service approval 3 7 Expiry 4 ═══════════════ -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 161/2011 Education and Care Services National Law Act 2010 Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011 The Governor in Council makes the following Regulations: Dated: 21 December 2011 Responsible Minister: WENDY LOVELL Minister for Children and Early Childhood Development MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to exclude certain standard children's services from being declared approved services for the purposes of the Education and Care Services National Law (Victoria); and (b) to provide that conditions imposed on a licensed children's service continue to apply if the service is included in a service approval under the Education and Care Services National Law (Victoria) as an associated children's service. -- 2 of 5 -- S.R. No. 161/2011 Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 18 of the Education and Care Services National Law Act 2010. 3 Commencement These Regulations come into operation on 1 January 2012. 4 Excluded services For the purposes of section 16(4A)(a) of the Education and Care Services National Law Act 2010 the following services are excluded from being a declared approved service— (a) a standard service that is an early childhood intervention service provided for the principal purpose of providing intervention (other than purely therapeutic intervention) or support for children with a disability, additional needs or developmental delay; (b) a standard service that provides education and care to children primarily on an ad hoc or casual basis where— (i) the service does not usually offer full- time or all day education and care to children on an ongoing basis; and (ii) most of the children provided with education and care are preschool age or under; Note This type of service is commonly referred to as an occasional care service. (c) a standard service that provides education and care primarily to children who are preschool age or under that transports its equipment and materials or staff to one or r. 2 -- 3 of 5 -- S.R. No. 161/2011 Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011 3 Authorised by the Chief Parliamentary Counsel more locations on each occasion that the service is provided; Note This type of service is commonly referred to as a mobile service. (d) a standard service that— (i) receives financial assistance under the Budget Based Funding Program element of the Child Care Services Support Program; and (ii) is not a service that receives the Child Care Benefit in relation to the provision of education and care. 5 Integrated licences including limited hours services If a service approval referred to in section 19(3) of the Education and Care Services National Law Act 2010 is provided under section 307(9) of the Education and Care Services National Law (Victoria), any conditions imposed on the limited hours Type 1 or Type 2 service under the Children's Services Act 1996 or the regulations made under that Act are taken to be conditions on the service approval applying to the associated children's service as if those conditions were conditions imposed in accordance with section 51 of the Education and Care Services National Law (Victoria). 6 Licensed children's service included in service approval (1) Subject to subregulation (2), if, on or after the scheme commencement day— (a) a person holds a licence to operate a children's service under the Children's Services Act 1996; and r. 5 -- 4 of 5 -- S.R. No. 161/2011 Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011 4 Authorised by the Chief Parliamentary Counsel (b) that person applies under the Education and Care Services National Law (Victoria) for a service approval that includes the children's service as an associated children's service— a service approval granted under the Education and Care Services National Law (Victoria) including the children's service as an associated children's service is taken to include any conditions imposed on the children's service under the Children's Services Act 1996 or the regulations made under that Act as if those conditions were conditions on the service approval applying to the associated children's service imposed in accordance with section 51 of the Education and Care Services National Law (Victoria). (2) This regulation does not apply in respect of a licence to operate a children's service granted under the Children's Services Act 1996 on or after the scheme commencement day. 7 Expiry These Regulations expire on 31 December 2012. ═══════════════ r. 7 -- 5 of 5 --