EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 216 Miscellaneous modifications

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 216

216 Miscellaneous modifications

The State Records Act applies--

(a) as if the definition of
"State collecting institution" in section 3 and section 5 did not apply; and

(b) as if sections 4, 9, 16, 21(2)(e), 25, 26 and 49 did not apply; and

(c) as if section 48(1), (2), (3) and (4) and the definition of
"recognised estray provisions" in section 48(6) did not apply; and

(d) as if in section 58(2)--

(i) a reference to the appropriate Minister were a reference to the Ministerial Council; and

(ii) the last sentence were omitted; and

(e) as if section 64 applied only to the State Record Authority's functions in relation to the National Quality Framework; and

(f) as if sections 79 and 82 and Schedule 3 did not apply; and

(g) as if any reference to the Gazette were a reference to the New South Wales Government Gazette; and

(h) as if any reference to the Supreme Court or a Local Court were a reference to a court of competent jurisdiction; and

(i) as if a reference in section 19 to the State were a reference to New South Wales; and

(j) as if any reference in sections 21, 40 and 46 to New South Wales were a reference to Australia; and

(k) as if any reference in section 22 to the regulations were a reference to guidelines issued by the Ministerial Council; and

(l) as if section 36A provided that the Authority may enter into access arrangements under that section with an authority of any participating jurisdiction; and

(m) as if any reference to the Government Information (Public Access) Act 2009 were a reference to the FOI Act; and

(n) as if section 73(5) also referred to the following persons and bodies--

(i) the Crime and Misconduct Commission established under the Crime and Misconduct Act 2001 of Queensland;

(ii) the Anti-Corruption Branch of the South Australia Police;

(iii) the Integrity Commission of Tasmania established under the Integrity Commission Act 2009 of Tasmania;

(iv) the Ombudsman appointed under section 3 of the Ombudsman Act 1973 of Victoria;

(v) the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003 of Western Australia;

(va) the Public Sector Commissioner, where information is divulged or any document or other thing is produced to the Public Sector Commissioner for the purposes of the Public Sector Commissioner's functions under the Corruption, Crime and Misconduct Act 2003 of Western Australia;

(vi) if a person or body or an office referred to in subparagraphs (i) to (v) (the
"initial entity" ), whether by or under an Act of the relevant participating jurisdiction or otherwise, is abolished and another person, body or office is conferred or given functions and powers that substantially correspond to the functions and powers of the initial entity, that person, body or office;

(vii) if the functions and powers of a person or body or an office referred to in subparagraphs (i) to (v), whether by or under an Act of the relevant participating jurisdiction or otherwise, are transferred to another person, body or office, that person, body or office; and

(o) as if in section 76 any reference to the Crown were a reference to a public office; and

(p) as if in section 78(2) the reference to the Criminal Procedure Act 1986 were a reference to any other law and the notes were omitted; and

(q) with any other modifications that are necessary for the effective administration of the State Records Act for the purposes of the National Quality Framework.