Education and Care Services National Law Amendment Act 2017
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Education and Care Services National Law
Amendment Act 2017
No. 9 of 2017
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definition 2
Part 2—Amendment of Education and Care Services National
Law 3
4 Definitions 3
5 Matters to be taken into account in assessing whether fit and
proper person 6
6 Regulatory Authority may seek further information 6
7 Decision to suspend after show cause process 7
8 Death of approved provider 7
9 Decision on application 7
10 Application for service approval 8
11 Form of application 8
12 Determination of application 8
13 New section 50A inserted 9
14 Conditions on service approval 9
15 Copy of service approval to be provided 10
16 Amendment of service approval on application 10
17 New section 55A inserted 11
18 Notice of change to nominated supervisor 12
19 New section 56A inserted 13
20 Transfer may be subject to intervention by Regulatory
Authority 13
21 Decision in relation to suspension 14
22 Notice to parents of suspension or cancellation 14
23 Powers of Regulatory Authority in considering application 14
24 Decision on application 15
25 Regulatory Authority may seek further information 15
26 Decision on application 15
27 New section 103A inserted 16
28 Part 4 repealed 17
29 Process for review 17
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30 Application for highest rating 17
31 Revocation of highest rating level 18
32 Offence to operate education and care service without
nominated supervisor 18
33 New section 161A inserted 18
34 Offence to operate education and care service unless
responsible person is present 18
35 New section 162A inserted 19
36 Offence relating to appointment or engagement of family day
care co-ordinators 19
37 Offence relating to assistance to family day care educators 19
38 New section 164A inserted 19
39 References to nominated supervisor 20
40 Offence relating to unauthorised persons on education and care
service premises 20
41 Offence to fail to display prescribed information 22
42 Offence to fail to notify certain circumstances to Regulatory
Authority 22
43 Offence to fail to notify certain information to Regulatory
Authority 23
44 New section 174A inserted 23
45 Division 2 of Part 7 substituted 24
46 Grounds for issuing prohibition notice 28
47 Deciding whether to issue prohibition notice 29
48 New section 185 substituted 29
49 Cancellation of prohibition notice 30
50 Person must not contravene prohibition notice 31
51 Offence to engage person to whom prohibition notice applies 31
52 New section 188A inserted 32
53 References to supervisors and supervisor certificates 33
54 Powers of entry for investigating approved education and care
service 34
55 Powers of entry to business premises 34
56 New section 200A inserted 34
57 Entry to premises with search warrant 35
58 Seized items 36
59 Functions of National Authority 36
60 Functions of chief executive officer 36
61 Section 268 repealed 36
62 Section 269 substituted 36
63 Publication of information 37
64 Sections 271 and 272 substituted 38
65 When proceedings may be brought 42
66 Infringement offences 42
67 New Division 5 inserted in Part 15 42
68 New Division 6 inserted in Part 15 46
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Part 3—Amendment of Children's Services Act 1996 50
69 Definitions 50
70 Form of application 50
71 Exception for approved providers and certified supervisors 50
72 Nominees and primary nominees for an approved associated
children's service 51
73 New section 25WA inserted 52
74 New Part 8 inserted 53
Part 4—Repeal of amending Act 54
75 Repeal of amending Act 54
═══════════════
Endnotes 55
1 General information 55
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Education and Care Services National
Law Amendment Act 2017†
No. 9 of 2017
[Assented to 27 March 2017]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
(1) The main purpose of this Act is to amend the
Education and Care Services National Law
set out in the Schedule to the Education and
Care Services National Law Act 2010—
(a) to improve the regulation of education and
care services, including family day care
services and educators at those services; and
Victoria
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(b) to repeal the provisions relating to certified
supervisors; and
(c) to enhance the enforcement of the National
Law, including by making further provision
for enforceable undertakings and powers of
entry into premises; and
(d) to improve the information-sharing
arrangements between regulators,
government entities and approved
providers under the National Law; and
(e) to otherwise improve the operation of the
National Law.
(2) This Act also makes consequential amendments to
the Children's Services Act 1996.
2 Commencement
This Act comes into operation on a day or days to
be proclaimed.
3 Definition
In this Act—
National Law means the Education and Care
Services National Law set out in the
Schedule to the Education and Care
Services National Law Act 2010.
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Part 2—Amendment of
Education and Care Services National Law
4 Definitions
In section 5(1) of the National Law—
(a) insert the following definitions—
"family day care educator assistant means a
person engaged by or registered with a
family day care service to assist family
day care educators;
person in day-to-day charge, in relation to
an education and care service, means
a person who is placed in day-to-day
charge of the service in accordance
with the national regulations;
prohibition notice means a prohibition
notice given under section 182(1)
or 182(3);
serious incident means an incident or class
of incidents prescribed by the national
regulations as a serious incident;";
(b) for the definition of approved family day
care venue substitute—
"approved family day care venue means
a place (other than a residence)
approved under section 50A or 54(8A)
as a family day care venue for an
approved family day care service;";
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(c) for the definition of family day care service
substitute—
"family day care service means an education
and care service that—
(a) is delivered through the use of
2 or more educators to provide
education and care to children;
and
(b) operates from 2 or more
residences;
Note
A family day care service that is an approved
family day care service may provide education
and care to children from a family day care
residence or an approved family day care
venue.";
(d) for the definition of Ministerial Council
substitute—
"Ministerial Council means the Ministerial
Council which—
(a) is constituted from time to time
by Ministers of the Crown of the
Commonwealth, State and
Territory Governments; and
(b) is responsible for early childhood
education and care matters;";
(e) for the definition of nominated supervisor
substitute—
"nominated supervisor, in relation to an
education and care service, means an
individual who—
(a) is nominated by the approved
provider of the service under
Part 3 to be a nominated
supervisor of that service; and
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(b) unless the individual is the
approved provider, has
provided written consent to
that nomination;";
Note
The note to the amended definition of nominated
supervisor is to read:
An individual may be both a nominated supervisor of
a family day care service and a family day care
co-ordinator for that service if the individual meets
the criteria for each role.
(f) for the definition of office substitute—
"office, in relation to a family day care
service, means—
(a) the principal office of the service;
or
(b) the principal office of the
approved provider of the service;
or
(c) any other business office of the
approved provider of the service;
or
(d) any premises of the service from
which the service's family day
care educators are co-ordinated;";
(g) in the definition of staff member, for
"the nominated supervisor" substitute
"a nominated supervisor";
(h) the definitions of certified supervisor and
supervisor certificate are repealed.
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5 Matters to be taken into account in assessing
whether fit and proper person
In section 13(2) of the National Law—
(a) in paragraph (b), for "Law." substitute
"Law; and";
(b) after paragraph (b) insert—
"(c) whether the person has the management
capability to operate an education and
care service in accordance with this
Law; and
(d) any of the following actions taken
under the A New Tax System
(Family Assistance) (Administration)
Act 1999 of the Commonwealth in
relation to a child care service approved
under that Act, operated by the person
or in relation to which the person was a
person with management or control—
(i) any sanction imposed under
section 200 of that Act;
(ii) any suspension imposed under
section 201A of that Act;
(iii) any infringement notice given
under section 219TSI of that
Act.".
6 Regulatory Authority may seek further information
In section 14(2) of the National Law, for
"request and" substitute "request until".
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7 Decision to suspend after show cause process
For section 27(a) and (b) of the National Law
substitute—
"(a) if the suspension was proposed on a
ground referred to in section 25(a), accept
an undertaking from the approved provider
under section 179A; or
(b) in any case—
(i) suspend the provider approval for a
period not more than the prescribed
period; or
(ii) decide not to suspend the provider
approval.".
8 Death of approved provider
(1) For section 39(2) of the National Law
substitute—
"(2) A nominated supervisor or a person in
day-to-day charge of an education and care
service of the approved provider must notify
the Regulatory Authority of the approved
provider's death within 7 days after that
death.".
(2) In section 39(3) of the National Law—
(a) for "the nominated supervisor or any
certified supervisor" substitute "that at
least one nominated supervisor";
(b) for "day to day" substitute "day-to-day".
9 Decision on application
For section 41(4)(b) of the National Law
substitute—
"(b) may be extended or further extended for
periods of not more than 6 months—".
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10 Application for service approval
In section 43(2) of the National Law, for
"supervisor" substitute "supervisors".
11 Form of application
(1) For section 44(1)(d) of the National Law
substitute—
"(d) nominate one or more individuals to be
nominated supervisors of the service; and
(da) include from each nominated individual
(other than the approved provider) the
written consent to the nomination; and".
(2) For section 44(3) of the National Law
substitute—
"(3) An application for a service approval for
a family day care service may include a
request for approval of a place (other than a
residence) as a family day care venue for that
service.
Note
This approval is granted under section 50A only if
exceptional circumstances exist.".
12 Determination of application
For section 47(1)(e) of the National Law
substitute—
"(e) except in the case of a nominated supervisor
who is the approved provider, whether each
nominated supervisor has consented in
writing to the nomination; and".
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13 New section 50A inserted
After section 50 of the National Law insert—
"50A Approval of a place as a family day care
venue
The Regulatory Authority may, at the time
of granting the service approval for a family
day care service, approve a place (other than
a residence) as a family day care venue for
that service if the Regulatory Authority
considers exceptional circumstances exist.".
14 Conditions on service approval
(1) For section 51(2) of the National Law
substitute—
"(2) A service approval for a family day care
service is granted subject to a condition that
the approved provider must ensure that each
family day care educator engaged by or
registered with the service is adequately
monitored and supported by a family day
care co-ordinator.
(2A) A service approval for a family day care
service is granted subject to a condition that
each family day care residence, and any
approved family day care venue of the
service, are to be located within this
jurisdiction.".
(2) After section 51(4) of the National Law insert—
"(4A) A service approval for an education and care
service other than a family day care service
is granted subject to a condition that the
approved provider must ensure that the
number of children educated and cared for
by the service at any one time does not
exceed the maximum number of children
specified in the service approval.
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(4B) An approved provider is not required to
comply with subsection (4A) if—
(a) the maximum number of children
is exceeded because a child is, or
2 or more children from the same
family are, being educated and cared
for by the education and care service in
an emergency; and
(b) the approved provider is satisfied on
reasonable grounds that this will not
affect the health, safety and wellbeing
of any other child who is attending the
education and care service.
Example
An emergency under this subsection would include
circumstances where a child is in need of protection
under a child protection order or where the parent of a
child needs urgent health care that prevents that parent
caring for the child.".
15 Copy of service approval to be provided
In section 52(b) of the National Law, after
"principal office" insert "of the service".
16 Amendment of service approval on application
(1) After section 54(1) of the National Law insert—
"(1A) An application under subsection (1) may
include a request for the approval of a place
(other than a residence) as a family day care
venue for a family day care service.".
(2) In section 54(4) of the National Law, for
"request and" substitute "request until".
(3) For section 54(8) of the National Law
substitute—
"(8) Subject to subsection (8A), an amendment
cannot change a location of an education and
care service.
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(8A) The Regulatory Authority may approve a
place (other than a residence) as a family day
care venue for a family day care service if
the Regulatory Authority considers
exceptional circumstances exist.".
17 New section 55A inserted
After section 55 of the National Law insert—
"55A Condition relating to family day care
co-ordinators
(1) Without limiting section 55, an amendment
under that section may impose a condition
on the service approval for a family day care
service requiring the approved provider to
ensure that there is a minimum of one
qualified person employed or engaged as
a family day care co-ordinator for each
15 family day care educators engaged by
or registered with that service.
(2) A condition may only be imposed under
subsection (1) if—
(a) the family day care service has been
operating for more than 12 months; and
(b) the Regulatory Authority—
(i) has taken into account the
approved provider's capability
and compliance with this Law in
respect of the family day care
service; and
(ii) considers that family day care
educators are not adequately
monitored and supported by a
family day care co-ordinator.
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(3) Section 163 does not apply if a condition is
imposed under subsection (1) in respect of a
family day care service.
(4) A person is a qualified person under this
section if the person has the qualifications
prescribed by the national regulations.".
18 Notice of change to nominated supervisor
For section 56 of the National Law substitute—
"56 Notice of addition of nominated
supervisor
(1) The approved provider of an education and
care service must give written notice to the
Regulatory Authority in accordance with this
section if the approved provider wishes to
add a new nominated supervisor of the
education and care service.
(2) The notice must—
(a) nominate one or more individuals to be
nominated supervisors of the service
and, unless the individual nominated is
the approved provider, include from
each nominated individual the written
consent to the nomination; and
(b) include the prescribed information; and
(c) be given—
(i) at least 7 days before the
individual is to commence work
as a nominated supervisor; or
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(ii) if that period of notice is not
possible in the circumstances, as
soon as practicable but not more
than 14 days after the individual
commences work as a nominated
supervisor.
Note
Section 173(2)(b) requires an approved provider to notify
the Regulatory Authority of the removal of a nominated
supervisor.".
19 New section 56A inserted
After section 56 of the National Law insert—
"56A Notice of change of a nominated
supervisor's name or contact details
The approved provider of an education and
care service must give written notice to the
Regulatory Authority of any change to the
name or contact details of any nominated
supervisor of the education and care
service.".
20 Transfer may be subject to intervention by
Regulatory Authority
(1) In section 62(3) of the National Law, for
"The notice" substitute "Subject to subsection (5),
the notice".
(2) After section 62(4) of the National Law insert—
"(5) The period within which notice must be
given under subsection (3) does not apply
where the Regulatory Authority has not been
notified of the intended transfer of a service
approval in accordance with section 59.".
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21 Decision in relation to suspension
For section 72(a) and (b) of the National Law
substitute—
"(a) if the suspension was proposed on the
ground referred to in section 70(a), (c) or (d),
accept an undertaking from the approved
provider under section 179A; or
(b) in any case—
(i) suspend the service approval for a
period not more than the prescribed
period; or
(ii) decide not to suspend the service
approval.".
22 Notice to parents of suspension or cancellation
In section 84(1) of the National Law, for "or 81"
substitute "or 82".
23 Powers of Regulatory Authority in considering
application
At the end of section 89 of the National Law
insert—
"(2) If the Regulatory Authority asks the
applicant for further information under
this section, the period from the making of
that request until the provision of further
information is not included in the period
referred to in section 91(2) for the
Regulatory Authority to make a decision
on the application.".
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24 Decision on application
For section 91(4) of the National Law
substitute—
"(4) If a service waiver is granted, the Regulatory
Authority may place any conditions on the
service waiver, including any condition
limiting the use of the service waiver.
(5) The Regulatory Authority may, at any time
remove, add to or vary any conditions placed
on a service waiver under subsection (4).
(6) If a service waiver is granted or its
conditions are amended under subsection (5),
the Regulatory Authority must issue or
reissue the service approval specifying—
(a) the element or elements of the National
Quality Standard and the national
regulations that have been waived; and
(b) any conditions placed on the waiver.".
25 Regulatory Authority may seek further information
At the end of section 96 of the National Law
insert—
"(2) If the Regulatory Authority asks the
applicant for further information under
this section, the period from the making of
that request until the provision of further
information is not included in the period
referred to in section 98(1) for the
Regulatory Authority to make a decision
on the application.".
26 Decision on application
For section 98(4) of the National Law
substitute—
"(4) An application under subsection (3) must
include payment of the prescribed fee.
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(5) If a temporary waiver is granted, the
Regulatory Authority may place any
conditions on the temporary waiver,
including any condition limiting the use
of the temporary waiver.
(6) The Regulatory Authority may, at any time
remove, add to or vary any conditions placed
on a temporary waiver under subsection (5).
(7) If a temporary waiver is granted or its
conditions are amended under subsection (6),
the Regulatory Authority must issue or
reissue the service approval specifying—
(a) the element or elements of the National
Quality Standard and the national
regulations that have been temporarily
waived; and
(b) the period of the waiver; and
(c) any conditions placed on the waiver.".
27 New section 103A inserted
After section 103 of the National Law insert—
"103A Offence relating to places where education
and care is provided as part of a family
day care service
An approved provider of a family day care
service must ensure that education and care
is not provided to children, as part of the
service, from a place that is not a family day
care residence or an approved family day
care venue unless otherwise permitted by
this Law.
Penalty: $20 000, in the case of an
individual.
$100 000, in any other case.".
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28 Part 4 repealed
Part 4 of the National Law is repealed.
29 Process for review
For section 142(4) of the National Law
substitute—
"(4) The Regulatory Authority may extend the
30 day review period under subsection (3)
in one of the following circumstances—
(a) for an additional period of up to
30 days, if a request for further
information is made under
subsection (2);
(b) for an additional period of up to
30 days, by agreement between the
approved provider and the Regulatory
Authority;
(c) for an additional period of up to
60 days, where the Regulatory
Authority considers there are special
circumstances that warrant an extension
of time to conduct the review.".
30 Application for highest rating
For section 152(5) of the National Law
substitute—
"(5) An application may be made for the highest
rating level only if the approved education
and care service holds the rating levels
prescribed for the purposes of this section.".
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31 Revocation of highest rating level
For section 158(b) of the National Law
substitute—
"(b) the Regulatory Authority advises the
Board that the service no longer meets the
requirements for the rating levels prescribed
for the purposes of section 152(5).".
32 Offence to operate education and care service
without nominated supervisor
In section 161 of the National Law, for
"a nominated supervisor" substitute "at least
one nominated supervisor".
33 New section 161A inserted
After section 161 of the National Law insert—
"161A Offence for nominated supervisor not to
meet prescribed minimum requirements
The approved provider of an education and
care service must not nominate an individual
to be a nominated supervisor of that service
unless that individual meets the prescribed
minimum requirements for nomination as a
nominated supervisor.
Penalty: $5000, in the case of an
individual.
$25 000, in any other case.".
34 Offence to operate education and care service unless
responsible person is present
For section 162(1)(b) and (c) of the National Law
substitute—
"(b) a nominated supervisor of the service;
(c) a person in day-to-day charge of the
service.".
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35 New section 162A inserted
After section 162 of the National Law insert—
"162A Persons in day-to-day charge and
nominated supervisors to have child
protection training
The approved provider of an education and
care service must ensure that each nominated
supervisor and each person in day-to-day
charge of the service has successfully
completed the child protection training
(if any) required by or under the law of this
jurisdiction, a Government protocol applying
to the approved provider in this jurisdiction
or otherwise required by this jurisdiction.".
36 Offence relating to appointment or engagement of
family day care co-ordinators
In section 163(1) of the National Law, for
"one or more" substitute "the prescribed
minimum number of".
37 Offence relating to assistance to family day care
educators
For section 164(1)(b) and (c) of the National Law
substitute—
"(b) a nominated supervisor of the service;
(c) a person in day-to-day charge of the
service.".
38 New section 164A inserted
After section 164 of the National Law insert—
"164A Offence relating to the education and care
of children by family day care service
(1) The approved provider of a family day care
service must ensure that any child being
educated and cared for as part of the service
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is not educated and cared for by a person
other than a family day care educator, except
in the circumstances prescribed by the
national regulations.
Penalty: $10 000, in the case of an
individual.
$50 000, in any other case.
(2) A family day care educator must ensure that
any child being educated and cared for by
the educator as part of a family day care
service is not educated or cared for by any
other person at the family day care residence
or approved family day care venue, except in
the circumstances prescribed by the national
regulations.
Penalty: $2000.".
39 References to nominated supervisor
(1) In sections 165(2) and 166(2) of the National
Law, for "The nominated" substitute
"A nominated".
(2) In section 178(1)(a) of the National Law, for
"the nominated" substitute "a nominated".
40 Offence relating to unauthorised persons on
education and care service premises
(1) For section 170(2), (3) and (4) of the National
Law substitute—
"(2) The approved provider of the education and
care service must ensure that a person does
not remain at the education and care service
premises while children are being educated
and cared for at the premises, unless—
(a) the person is an authorised person; or
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(b) the person is under the direct
supervision of an educator or other
staff member of the service.
Penalty: $1000, in the case of an
individual.
$5000, in any other case.
(3) A nominated supervisor of the education and
care service must ensure that a person does
not remain at the education and care service
premises while children are being educated
and cared for at the premises, unless—
(a) the person is an authorised person; or
(b) the person is under the direct
supervision of an educator or other
staff member of the service.
Penalty: $1000.
(4) A family day care educator must ensure that
a person does not remain at the family day
care residence or approved family day care
venue at which the educator is educating and
caring for children, unless—
(a) the person is an authorised person; or
(b) the person is under the direct
supervision of the educator.
Penalty: $1000.".
(2) In section 170(5) of the National Law, in
the definition of unauthorised person, for
"unauthorised person means a person who
is not" substitute "authorised person means
a person who is".
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41 Offence to fail to display prescribed information
For section 172(c) of the National Law
substitute—
"(c) each nominated supervisor of the service;".
42 Offence to fail to notify certain circumstances to
Regulatory Authority
(1) In section 173(2) of the National Law—
(a) in paragraph (a) omit "or certified
supervisor";
(b) for paragraph (b) substitute—
"(b) if a nominated supervisor of an
approved education and care service—
(i) ceases to be employed or engaged
by the service; or
(ii) is removed from the role of
nominated supervisor; or
(iii) withdraws consent to the
nomination;";
(c) in paragraph (d), for "ceasing" substitute
"if the approved provider ceases".
(2) For section 173(3) and (4) of the National Law
substitute—
"(3) A notice under subsection (1) or (2) must—
(a) be in writing; and
(b) include any prescribed information.
(4) A notice under subsection (1) must be
provided within the relevant prescribed time
to the Regulatory Authority that granted the
provider approval to which the notice relates.
(5) A notice under subsection (2) must be
provided within the relevant prescribed time
to the Regulatory Authority that granted the
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service approval for the education and care
service to which the notice relates.".
43 Offence to fail to notify certain information to
Regulatory Authority
(1) For section 174(2)(b) of the National Law
substitute—
"(b) any complaints alleging—
(i) that a serious incident has occurred
or is occurring while a child was or is
being educated and cared for by the
approved education and care service; or
(ii) that this Law has been contravened;".
(2) Section 174(5) of the National Law is repealed.
44 New section 174A inserted
After section 174 of the National Law insert—
"174A Family day care educator to notify certain
information to approved provider
A family day care educator who educates
and cares for children as part of a family
day care service must notify the approved
provider of the service of the following
information—
(a) any serious incident that occurs while a
child is being educated and cared for by
the educator as part of the service;
(b) any complaints alleging—
(i) that a serious incident has
occurred or is occurring while a
child was or is being educated
and cared for by the educator; or
(ii) that this Law has been
contravened;
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(c) information in respect of any other
prescribed matters.
Penalty: $2000.".
45 Division 2 of Part 7 substituted
For Division 2 of Part 7 of the National Law
substitute—
"Division 2—Enforceable undertakings
179A Enforceable undertakings
(1) This section applies—
(a) if a person has contravened, or if the
Regulatory Authority alleges a person
has contravened, a provision of this
Law; or
(b) in the circumstances set out in
section 27(a), 72(a) or 184(3).
(2) If subsection (1)(a) applies, the Regulatory
Authority may accept a written undertaking
from the person, under which the person
undertakes to take certain actions, or refrain
from taking certain actions, to comply with
this Law.
(3) If subsection (1)(b) applies in relation to the
approved provider of an education and care
service, the Regulatory Authority may accept
a written undertaking from the approved
provider, under which the approved provider
undertakes to take certain actions, or refrain
from taking certain actions in relation to the
education and care service.
(4) If subsection (1)(b) applies in relation to a
person other than the approved provider of
an education and care service, the Regulatory
Authority may accept a written undertaking
from the person, under which the person
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undertakes to take certain actions, or refrain
from taking certain actions in relation to an
education and care service.
(5) A person may, with the consent of the
Regulatory Authority, withdraw or amend an
undertaking.
(6) The Regulatory Authority may withdraw its
acceptance of the undertaking at any time
and the undertaking ceases to be in force on
that withdrawal.
(7) The Regulatory Authority may publish on
the Regulatory Authority's website an
undertaking accepted under this section.
179B Certain actions prohibited while
undertaking is in force
(1) While an undertaking is in force under
section 179A(2), proceedings may not be
brought for any offence constituted by the
contravention or alleged contravention in
respect of which the undertaking is given.
(2) While an undertaking is in force under
section 179A(3), the Regulatory Authority
must not (as the case requires)—
(a) suspend the provider approval under
section 27 in relation to a matter that
is the subject of the undertaking; or
(b) suspend the service approval under
section 72 in relation to a matter that
is the subject of the undertaking; or
(c) give a prohibition notice under
section 182 in relation to a matter that
is the subject of the undertaking.
(3) While an undertaking is in force under
section 179A(4), the Regulatory Authority
must not give a prohibition notice under
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section 182 in relation to a matter that is the
subject of the undertaking.
180 Certain actions prohibited if undertaking
is complied with
(1) If a person complies with the requirements
of an undertaking under section 179A(2),
no further proceedings may be brought for
any offence constituted by the contravention
or alleged contravention in respect of which
the undertaking was given.
(2) If an approved provider complies with
the requirements of an undertaking under
section 179A(3), the Regulatory Authority
must not (as the case requires)—
(a) suspend the provider approval under
section 27 in relation to a matter that
is the subject of the undertaking; or
(b) suspend the service approval under
section 72 in relation to a matter that
is the subject of the undertaking; or
(c) give a prohibition notice under
section 182 in relation to a matter that
is the subject of the undertaking.
(3) If a person complies with the requirements
of an undertaking under section 179A(4),
the Regulatory Authority must not give a
prohibition notice under section 182 in
relation to a matter that is the subject of the
undertaking.
181 Failure to comply with enforceable
undertakings
(1) If the Regulatory Authority considers that
a person who gave an undertaking under
section 179A has failed to comply with any
of its terms, the Regulatory Authority may
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apply to the relevant tribunal or court for an
order under subsection (2) to enforce the
undertaking.
(2) If the relevant tribunal or court is satisfied
that the person has failed to comply with a
term of the undertaking, the relevant tribunal
or court may make any of the following
orders—
(a) an order directing the person to comply
with the term of the undertaking;
(b) an order that the person take any
specified action for the purpose of
complying with the undertaking;
(c) any other order that the relevant
tribunal or court considers appropriate
in the circumstances.
(3) If the relevant tribunal or court
determines that the person has failed to
comply with a term of an undertaking under
section 179A(2), proceedings may be
brought for any offence constituted by the
contravention or alleged contravention in
respect of which the undertaking was given.
(4) If the relevant tribunal or court determines
that an approved provider has failed to
comply with a term of an undertaking under
section 179A(3), the Regulatory Authority
may without further notice—
(a) if the undertaking was given in
circumstances set out in section 27(a),
suspend the provider approval under
section 27; or
(b) if the undertaking was given in
circumstances set out in section 72(a),
suspend the service approval under
section 72; or
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(c) if the undertaking was given in
circumstances set out in section 184(3),
give a prohibition notice under
section 182 in relation to a matter that
is the subject of the undertaking.
(5) If the relevant tribunal or court
determines that a person has failed to
comply with a term of an undertaking under
section 179A(4), the Regulatory Authority
may, without further notice, give a
prohibition notice under section 182 in
relation to a matter that is the subject of the
undertaking.
(6) Proceedings referred to in subsection (3)
may be brought within 6 months of the
determination or within 2 years of the date of
the alleged offence, whichever occurs last.".
46 Grounds for issuing prohibition notice
(1) In section 182(2) of the National Law—
(a) for paragraph (b) substitute—
"(b) a nominated supervisor;";
(b) for paragraph (g) substitute—
"(g) a volunteer;
(h) a person who was formerly a person
referred to in paragraphs (a) to (g) in
relation to the approved education and
care service—".
(2) After section 182(2) of the National Law insert—
"(3) The Regulatory Authority may give a
prohibition notice to a person to—
(a) prohibit the person from being
nominated as a nominated supervisor if
the Regulatory Authority considers the
person is not a fit and proper person to
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be nominated as a nominated
supervisor of a service; or
(b) impose one or more conditions on
the nomination of the person as a
nominated supervisor that the
Regulatory Authority considers
appropriate, if the Regulatory Authority
considers the person is a fit and proper
person to be nominated as a nominated
supervisor of a service subject to those
conditions.".
Note
The heading to section 182 is to read:
Grounds for giving prohibition notice
47 Deciding whether to issue prohibition notice
After section 184(2) of the National Law insert—
"(3) The Regulatory Authority may accept
an undertaking from a person under
section 179A instead of giving a prohibition
notice under this Division.".
Note
The heading to section 184 is to read:
Deciding whether to give prohibition notice
48 New section 185 substituted
For section 185 of the National Law substitute—
"185 Content of prohibition notice
(1) A prohibition notice given to a person under
section 182(1) must state that the person is
prohibited from doing one or more of the
following—
(a) providing education and care to
children for an education and care
service;
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(b) being engaged as an educator, family
day care educator, employee, contractor
or staff member of, or being a volunteer
at, an education and care service;
(c) carrying out any other activity relating
to an education and care service.
(2) A prohibition notice given to a person under
section 182(3) must state that either—
(a) the person is prohibited from being
nominated as a nominated supervisor of
an education and care service; or
(b) the person may only be nominated as a
nominated supervisor of an education
and care service on the condition or
conditions specified by the Regulatory
Authority in the notice.
(3) A prohibition notice given to a person under
section 182(1) or (3) must state—
(a) that the person may apply for
cancellation of the notice; and
(b) how an application for cancellation
must be made.".
49 Cancellation of prohibition notice
After section 186(4) of the National Law insert—
"(4A) The person may state in the application
anything the person considers relevant to
the Regulatory Authority's decision about
whether the person is a fit and proper person
to be nominated as a nominated supervisor
with or without conditions.".
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50 Person must not contravene prohibition notice
(1) In section 187 of the National Law—
(a) after "notice" insert "under section 182(1)";
(b) in paragraph (b), for "a supervisor, educator"
substitute "an educator".
(2) At the end of section 187 of the National Law
insert—
"(2) While a prohibition notice under
section 182(3) is in force under this Law as
applying in any participating jurisdiction for
a person, the person must not—
(a) in the case of a prohibition notice
under section 182(3)(a), consent to
a nomination of that person as a
nominated supervisor of an education
and care service; or
(b) in the case of a prohibition notice
under section 182(3)(b), consent to
a nomination of that person as a
nominated supervisor of an education
and care service in contravention of a
condition or conditions stated in the
prohibition notice.
Penalty: $20 000.".
51 Offence to engage person to whom prohibition
notice applies
(1) In section 188 of the National Law, for
"a supervisor, educator" substitute "an educator".
(2) At the end of section 188 of the National Law
insert—
"(2) An approved provider must not nominate
a person as a nominated supervisor of an
education and care service if the approved
provider knows, or ought reasonably to
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know, that a prohibition notice is in
force under this Law as applying in any
participating jurisdiction prohibiting the
nomination of that person as a nominated
supervisor of an education and care service.
Penalty: $20 000, in the case of an
individual.
$100 000, in any other case.
(3) An approved provider must not nominate
a person as a nominated supervisor of an
education and care service if the approved
provider knows, or ought reasonably to
know, that the nomination would place the
person in contravention of a condition of a
prohibition notice in force under this Law as
applying in any participating jurisdiction.
Penalty: $20 000, in the case of an
individual.
$100 000, in any other case.".
52 New section 188A inserted
In Division 3 of Part 7, after section 188 of the
National Law insert—
"188A False or misleading information about
prohibition notice
A person who is subject to a prohibition
notice under this Law as applying in any
participating jurisdiction must not give an
approved provider any information about the
content or existence of the prohibition notice
that is false or misleading in any material
particular.
Penalty: $6000.".
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53 References to supervisors and supervisor certificates
(1) In section 190 of the National Law—
(a) for ", a service approval or a supervisor
certificate" (wherever occurring) substitute
"or a service approval";
(b) paragraph (d)(iii) is repealed.
(2) Section 192(b)(v) of the National Law is
repealed.
(3) In section 206(4) of the National Law, in the
definition of specified person, for "a certified
supervisor" substitute "a nominated supervisor".
(4) For section 261(2)(b) and (c) of the National Law
substitute—
"(b) subject to the Privacy Act 1988 of the
Commonwealth, to collect, hold and use
information about providers of education and
care services, family day care educators and
nominated supervisors;
(c) to maintain and publish registers of approved
providers and approved education and care
services;".
(5) In section 292 of the National Law—
(a) paragraph (a)(iii) is repealed;
(b) in paragraph (d) omit "or a certified
supervisor";
(c) in paragraph (g) omit "or supervisor
certificate".
(6) In section 301(3)(a) of the National Law omit
"and certificates".
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54 Powers of entry for investigating approved
education and care service
For section 199(4)(a) of the National Law
substitute—
"(a) the authorised officer reasonably believes
that an approved education and care service
is operating at the residence at the time of
entry; or
(ab) the register of family day care educators
records that the approved education and care
service operates at the residence at the time
of entry; or".
55 Powers of entry to business premises
In section 200(1) of the National Law, for
"principal office or any other business premises of
an approved provider" substitute "principal office
of the approved provider of the service or any
other business office of the approved provider of
the service".
56 New section 200A inserted
After section 200 of the National Law insert—
"200A Entry to premises without search warrant
(1) An authorised officer may enter any
premises (including residential or business
premises) for the purpose of determining
whether an education and care service is
operating without a service approval at or
from the premises, if—
(a) the authorised officer reasonably
believes that a person is operating
an education and care service in
contravention of section 103 at the
premises; and
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(b) the occupier of the premises has
consented in writing to the entry and
inspection.
(2) An authorised officer must not enter and
search the premises under this section unless,
before the occupier consents to the entry, the
authorised officer has—
(a) produced the authorised officer's
identity card for inspection; and
(b) informed the occupier—
(i) of the purpose of the search and
the powers that may be exercised;
and
(ii) that the occupier may refuse to
consent to the entry and search or
the taking of anything found
during the search; and
(iii) that the occupier may refuse to
consent to the taking of any copy
or extract from a document found
on the premises during the search.
(3) An authorised officer who exercises a
power of entry under this section may for the
purposes of the investigation do any of the
things referred to in clause 5(2)(a) to (e) of
Schedule 2 as if a reference to that Schedule
included a reference to this section.".
57 Entry to premises with search warrant
In section 201(3) of the National Law, for
"principal office or any other business premises of
an approved provider" substitute "principal office
of the approved provider of the service or any
other business office of the approved provider of
the service".
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58 Seized items
In section 202 of the National Law, for
"section 199 or 200" (wherever occurring)
substitute "section 199, 200 or 200A".
59 Functions of National Authority
In section 225(1) of the National Law—
(a) for paragraph (g) substitute—
"(g) to establish and maintain national
registers of approved providers and
approved education and care services
and to publish those registers;";
(b) for paragraph (o) substitute—
"(o) to provide support and training for staff
of Regulatory Authorities;".
60 Functions of chief executive officer
In section 249(1) of the National Law, for
"day to day" substitute "day-to-day".
61 Section 268 repealed
Section 268 of the National Law is repealed.
62 Section 269 substituted
For section 269 of the National Law substitute—
"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;
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(c) each family day care educator assistant
engaged by or registered with the
service.
Penalty: $4000, in the case of an
individual.
$20 000, in any other case.
(2) The approved provider must take
reasonable steps to ensure that the
information contained in the register is
accurate.
Penalty: $2000.
(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.
Penalty: $4000, in the case of an
individual.
$20 000, in any other case.".
63 Publication of information
(1) In section 270(1) of the National Law, for
"certified" substitute "nominated".
(2) For section 270(2)(a) of the National Law
substitute—
"(a) must publish on its website the register of
approved providers; and".
(3) In section 270(5)(a) of the National Law omit
"or certificates".
(4) In section 270(6) of the National Law—
(a) in paragraph (a), for "certified" substitute
"nominated";
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(b) in paragraph (b), for "Law." substitute
"Law; or";
(c) after paragraph (b) insert—
"(c) if the Regulatory Authority is satisfied
that it is in the public interest to do so, a
person with management or control of
an education and care service.".
64 Sections 271 and 272 substituted
For sections 271 and 272 of the National Law
substitute—
"271 Disclosure of information to other
authorities
(1) The National Authority may disclose
information in respect of an education
and care service for a purpose listed in
subsection (4), to—
(a) a relevant Commonwealth Government
Department; or
(b) any State or Territory Government
Department; or
(c) any Commonwealth, State or Territory
public authority; or
(d) any State or Territory local authority; or
(e) a Regulatory Authority of a
participating jurisdiction.
(2) The Regulatory Authority may disclose
information in respect of an education
and care service for a purpose listed in
subsection (4), to—
(a) a relevant Commonwealth Government
Department; or
(b) any State or Territory Government
Department; or
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(c) any Commonwealth, State or Territory
public authority; or
(d) any State or Territory local authority; or
(e) a Regulatory Authority of another
participating jurisdiction.
(3) The National Authority, the Regulatory
Authority and any Government Department,
public authority or local authority may
disclose information to each other in respect
of an education and care service for a
purpose listed in subsection (4).
(4) The purposes for disclosure of information
under this section are—
(a) the disclosure is reasonably necessary
to promote the objectives of the
national education and care services
quality framework; or
(b) the disclosure is for the purposes of
enabling or assisting the other entity to
perform or exercise any of its functions
or powers under this Law; or
(c) the disclosure is for the purposes
of research or the development of
National, State or Territory policy with
respect to education and care services;
or
(d) the disclosure is for a purpose relating
to the funding of education and care
services; or
(e) the disclosure is for a purpose
relating to the payment of benefits or
allowances to persons using education
and care services, provided the
disclosure of information is not
otherwise prohibited by law.
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(5) The Regulatory Authority must disclose
to the Regulatory Authorities of other
participating jurisdictions the suspension
or cancellation of a working with children
check, working with children card or teacher
registration of a nominated supervisor of
which it is notified under this Law.
(6) The Regulatory Authority may disclose to
the head of the government department
responsible for the administration of a
working with children law, any prohibition
notice given under this Law as applying in
any participating jurisdiction in respect of
the person.
(7) A disclosure of information under this
section is subject to Division 1 and any
protocol agreed for the purposes of this
section by—
(a) the National Authority, all participating
jurisdictions and the Commonwealth;
and
(b) subject to any protocol referred to in
paragraph (a), the National Authority
and the Regulatory Authority, or the
National Authority, the Regulatory
Authority and any Regulatory
Authority of another participating
jurisdiction.
(8) Information disclosed under this section for
the purpose of research or the development
of National, State or Territory policy with
respect to education and care services must
not include information that could identify
or lead to the identification of an individual
other than—
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(a) an approved provider or a nominated
supervisor; or
(b) a family day care educator who
has been suspended from providing
education and care to children as
part of a family day care service; or
(c) a person to whom a prohibition notice
applies; or
(d) a person who is being prosecuted for an
offence against this Law.
272 Disclosure of information to education
and care services
(1) At the request of an approved provider,
the National Authority or the Regulatory
Authority may disclose the following
information to the provider, if the National
Authority or Regulatory Authority considers
on reasonable grounds that the provider
requires the information to comply with the
provider's obligations under this Law—
(a) whether a person named in the request
is subject to a prohibition notice given
under section 182;
(b) whether a family day care educator
named in the request has been
suspended from providing education
and care to children as part of a family
day care service under section 178.
(2) A disclosure of information under this
section is subject to Division 1 and any
protocol agreed for the purposes of this
section by—
(a) the National Authority, all participating
jurisdictions and the Commonwealth;
and
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(b) subject to any protocol referred to in
paragraph (a), the National Authority
and the Regulatory Authority, or the
National Authority, the Regulatory
Authority and any Regulatory
Authority of another participating
jurisdiction.".
65 When proceedings may be brought
In section 284 of the National Law, for
"Proceedings" substitute "Subject to
section 181(6), proceedings".
66 Infringement offences
In section 291(1)(a) of the National Law, for
"173 or 176" substitute "173, 176 or 269".
67 New Division 5 inserted in Part 15
After Division 4 of Part 15 of the National Law
insert—
"Division 5—Transitional provisions—
Education and Care Services National
Law Amendment Act 2017
325 Definitions
In this Division—
2017 Act means the Education and Care
Services National Law Amendment
Act 2017;
commencement day, in relation to a
participating jurisdiction, means the
date of commencement of this Division
in that jurisdiction.
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326 Approved family day care venues
(1) In this section—
appointed day means the day that is
6 months after the commencement day;
formerly approved family day care venue
means a family day care venue that,
immediately before the commencement
day, was an approved family day care
venue.
(2) Subject to subsection (3), a formerly
approved family day care venue ceases to be
an approved family day care venue on the
appointed day unless, before the appointed
day the Regulatory Authority, on application
by the approved provider under section 54
(as amended by the 2017 Act), approves the
venue as a family day care venue.
(3) If, before the appointed day, the Regulatory
Authority had not determined an application
by an approved provider under section 54
(as amended by the 2017 Act) for approval
of the venue, the formerly approved family
day care venue continues to be an approved
family day care venue until the application is
determined.
(4) Despite section 54(5), the Regulatory
Authority must make a decision on an
application made under section 54 for
approval of a formerly approved family day
care venue within 6 months of receiving the
application.
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327 Declared approved family day care venues
continue to be approved
Despite section 326, a declared approved
family day care venue that was taken under
section 308 to be an approved family day
care venue continues, on and after the
commencement day, to be an approved
family day care venue for the purposes of
this Law.
328 Service approval condition requiring
sufficient family day care co-ordinators
(1) In this section—
appointed day means the day that is
12 months after the commencement
day.
(2) This section applies to a family day care
service if, immediately before the
commencement day—
(a) the service was an approved family day
care service; and
(b) the service approval included a
condition referred to in section 51(2).
(3) Despite the commencement of the
2017 Act, sections 51(2) and 163, as in force
immediately before the commencement day,
continue to apply to the approved family day
care service until the appointed day, unless
the Regulatory Authority earlier amends the
service approval to impose a condition under
section 55A.
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329 Service approval condition requiring
minimum number of family day care
co-ordinators
(1) This section applies to a family day care
service if, immediately before the
commencement day—
(a) the service was an approved family day
care service; and
(b) the service approval included a
condition requiring the service provide
a specified minimum number of family
day care co-ordinators.
(2) Despite the commencement of the 2017 Act,
section 163, as in force immediately before
the commencement day, and the condition
requiring the service provide a specified
minimum number of family day care
co-ordinators continue to apply to the
approved family day care service until the
condition is amended under section 54 or 55.
330 Publication of information about certified
supervisors
(1) The National Authority may publish
information about any enforcement
action taken under this Law before the
commencement day in relation to any person
who was a certified supervisor before that
day, including—
(a) the prosecution of any offence; and
(b) the acceptance of an undertaking; and
(c) the suspension or cancellation of a
supervisor certificate.
(2) This section expires on 31 December 2021.
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331 Evidentiary certificates
(1) Despite the amendment of section 292 by
the 2017 Act, a Regulatory Authority or
the National Authority may continue to
certify matters relating to any person who
was a certified supervisor before the
commencement day as if that section had
not been amended.
(2) This section expires on 31 December 2021.".
68 New Division 6 inserted in Part 15
After Division 5 of Part 15 of the National Law
insert—
"Division 6—Further transitional
provisions—Education and
Care Services National Law
Amendment Act 2017
332 Definitions
In this Division—
2017 Act means the Education and Care
Services National Law Amendment
Act 2017;
commencement day, in relation to a
participating jurisdiction, means
the date of commencement of
this Division in that jurisdiction.
333 Partial assessment and re-rating
(1) This section applies to an approved
education and care service that has been
assessed and rated against the National
Quality Standard, as in force immediately
before the commencement day, whether
that assessment and rating occurred before,
on or after the commencement day.
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(2) Despite section 138, the Regulatory
Authority may only reassess an aspect or
element of the approved education and
care service after the relevant day if the
approved education and care service has
been reassessed against the National
Quality Standard as in force on and after
the commencement day.
(3) Despite section 139(1), an approved
provider may only apply for reassessment
and rerating of an aspect or element of the
approved education and care service after
the relevant day if the approved education
and care service has been reassessed against
the National Quality Standard, as in force
on and after the commencement day.
(4) In this section—
relevant day means—
(a) in relation to an approved
education and care service that
was assessed and rated before
the commencement day, the
day that is 6 months after the
commencement day; or
(b) in relation to an approved
education and care service that
was assessed and rated after the
commencement day, the day
that is 6 months after the day on
which the rating for the service
is published under section 160.
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334 Application for highest rating level made
before commencement day
(1) This section applies if before the
commencement day—
(a) an approved provider had applied for
an education and care service to be
assessed for the highest rating level
under section 152; and
(b) the application had not been
determined.
(2) Despite its substitution by the 2017 Act,
section 152(5), as in force immediately
before the commencement day, continues
to apply in respect of the application.
(3) Section 153(2) applies for the purposes of
the assessment of the approved education
and care service, as if a reference—
(a) to the criteria published under
subsection (1) were a reference to the
criteria published under subsection (1)
immediately before the commencement
day; and
(b) to the National Quality Standard and
the national regulations were a
reference to the National Quality
Standard and the national regulations
as in force immediately before the
commencement day.
335 Highest rating level awarded before, or on
application made before, commencement
day
(1) This section applies in relation to an
approved education and care service that
was awarded the highest rating level—
(a) before the commencement day; or
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(b) after the commencement day on an
application referred to in section 334.
(2) Section 153(2) applies for the purposes of
a reassessment under section 157 of the
approved education and care service, as if
a reference—
(a) to the criteria published under
subsection (1) were a reference to the
criteria published under subsection (1)
immediately before the commencement
day; and
(b) to the National Quality Standard and
the requirements of the national
regulations were a reference to the
National Quality Standard and the
national regulations as in force
immediately before the commencement
day.
(3) Despite its amendment by the 2017 Act,
section 158 as in force immediately before
the commencement day continues to apply
to the revocation of the highest rating level
and for the purposes of that section—
(a) the criteria to be met are the
criteria published under
section 153(1) immediately
before the commencement
day; and
(b) the overall rating level is to be
determined in accordance with
the National Quality Standard
as in force immediately before
the commencement day.".
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Part 3—Amendment of
Children's Services Act 1996
69 Definitions
In section 3(1) of the Children's Services
Act 1996, the definitions of certified supervisor
and supervisor certificate are repealed.
70 Form of application
In section 18(1)(b)(iii)(B) of the Children's
Services Act 1996, for "certified supervisor"
substitute "nominated supervisor of an education
and care service".
71 Exception for approved providers and certified
supervisors
(1) In the heading to section 22A of the Children's
Services Act 1996, for "certified supervisors"
substitute "nominated supervisors".
(2) In section 22A(1)(a) of the Children's Services
Act 1996 omit "or a certified supervisor".
(3) After section 22A(1) of the Children's Services
Act 1996 insert—
"(1A) The Secretary is not required to carry out
a fit and proper person check in respect of
a nominated supervisor who is nominated
by the applicant to manage or control the
children's service in the absence of the
licensee unless that person is subject to—
(a) an undertaking under section 179A of
the National Law; or
(b) a prohibition notice under
section 182(3)(a) of the National Law;
or
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(c) a condition imposed by a prohibition
notice under section 182(3)(b) of the
National Law.".
(4) In section 22A(2) of the Children's Services
Act 1996, after "subsection (1)" insert "or (1A)".
72 Nominees and primary nominees for an approved
associated children's service
(1) For section 25W(1)(a) of the Children's Services
Act 1996 substitute—
"(a) a person who is a nominated supervisor of an
associated education and care service;".
(2) For section 25W(2) of the Children's Services
Act 1996 substitute—
"(2) The primary nominee for an approved
associated children's service is—
(a) subject to subsection (2A)—
(i) the nominated supervisor of the
associated education and care
service; or
(ii) if the associated education and
care service has more than one
nominated supervisor, the
nominated supervisor designated
in writing by the approved
provider as the primary nominee
for the approved associated
children's service; or
(b) a person who, on the application of
the approved provider, is approved by
the Secretary under section 25X to
have primary responsibility for the
management or control of the service in
the absence of the approved provider.
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(2A) Subsection (2)(a) does not apply to a
nominated supervisor of an associated
education and care service who is subject
to—
(a) an undertaking under section 179A of
the National Law; or
(b) a prohibition notice under
section 182(3)(a) of the National Law;
or
(c) a condition imposed by a prohibition
notice under section 182(3)(b) of the
National Law.".
73 New section 25WA inserted
After section 25W of the Children's Services
Act 1996 insert—
"25WA Notice of change to primary nominee
(1) The approved provider of an approved
associated children's service must give
written notice to the Secretary in accordance
with this section if the approved provider
wishes to change the primary nominee for an
approved associated children's service.
(2) The notice must—
(a) identify the new primary nominee; and
(b) include the prescribed information; and
(c) be given—
(i) at least 7 days before the new
primary nominee is to have
primary responsibility for the
management or control of the
approved associated children's
service; or
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(ii) if that period of notice is not
possible in the circumstances, as
soon as practicable but not more
than 14 days after the new primary
nominee commences primary
responsibility for the management
or control of the approved
associated children's service.".
74 New Part 8 inserted
After Part 7 of the Children's Services Act 1996
insert—
"Part 8—Transitional and
saving provisions—Education
and Care Services National
Law Amendment Act 2017
63 Transitional and savings provision—
Education and Care Services National
Law Amendment Act 2017
(1) In this section—
commencement day means the date on
which Part 3 of the Education and
Care Services National Law
Amendment Act 2017 comes into
operation.
(2) If, immediately before the commencement
day, a person was accepted as a fit and
proper person under section 22A(2) for the
purposes of Part 3, that person continues to
be accepted as fit and proper for the purposes
of that Part unless or until the person's
acceptance is revoked by the Secretary under
section 22A(3).".
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Part 4—Repeal of amending Act
75 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Endnotes
Education and Care Services National Law Amendment Act 2017
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 22 February 2017
Legislative Council: 9 March 2017
The long title for the Bill for this Act was "A Bill for an Act to amend the
Education and Care Services National Law set out in the Schedule to the
Education and Care Services National Law Act 2010, the Children's
Services Act 1996 and for other purposes."
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