EDUCATION AND CARE SERVICES (NATIONAL UNIFORM LEGISLATION) ACT 2011 (NO 46 OF 2011)
Table of Provisions
PART 1--PRELIMINARY MATTERS
PART 2--ADOPTION OF NATIONAL LAW
Division 1--Provisions for adoption of National Law
- 4 Adoption of Education and Care Services National Law
- 5 Uniform adoption of nationally approved amendments to Education and Care Services National Law
- 6 Disallowing national regulations and other matters
- 7 Exclusion of legislation of this jurisdiction
Division 2--Provisions for interpretation of National Law as adopted
- 8 Meaning of generic terms
- 9 Meaning of other terms
- 10 References to State
- 11 References to Parliament, Legislature or House of Parliament
- 12 Meaning of terms used in transitional provisions
- 13 Holder of former approval
PART 3--MISCELLANEOUS MATTERS
PART 4--TRANSITIONAL MATTERS
- 17 National regulations made before commencement
PART 5--CONSEQUENTIAL AMENDMENTS
Division 1--Amendment of Care and Protection of Children Act
- 18 Act amended
- 19 Section 5 amended
- 20 Section 13 amended
- 21 Section 30 amended
- 22 Section 34 amended
- 23 Section 44 amended
- 24 Section 185 amended
- 25 Section 211 amended
- 26 Chapter 4 and Part 5.5, Division 4 repealed
- 27 Expiry
Division 1--Application for provider approval
Division 2--Reassessment
Division 3--Amendment of provider approvals
Division 4--Suspension or cancellation of provider approval
- 28 Suspension without show cause notice
- 29 Notice and taking effect of suspension
- 30 Effect of suspension
- 31 Grounds for cancellation of provider approval
- 32 Show cause notice before cancellation
- 33 Decision in relation to cancellation
- 34 Effect of cancellation
- 35 Approved provider to provide information to Regulatory Authority
- 36 Notice to parents of suspension or cancellation
- 37 Voluntary suspension of provider approval
- 38 Surrender of provider approval by approved provider
Division 5--Approval of executor, representative or guardian as approved provider
Division 6--Exercise of powers by another Regulatory Authority
- 42 Exercise of powers by another Regulatory Authority
- 43 Application for service approval
- 44 Form of application
- 45 Regulatory Authority may seek further information
- 46 Investigation of application for service approval
- 47 Determination of application
- 48 Grant or refusal of service approval
- 49 Grounds for refusal
- 50 Notice of decision on application
- 51 Conditions on service approval
- 52 Copy of service approval to be provided
- 53 Annual fee
- 54 Amendment of service approval on application
- 55 Amendment of service approval by Regulatory Authority
- 56 Notice of change to nominated supervisor
- 57 Copy of amended service approval to be provided
- 58 Service approval may be transferred
- 59 Regulatory Authority to be notified of transfer
- 60 Consent of Regulatory Authority required for transfer
- 61 Consent taken to be given unless Regulatory Authority intervenes
- 62 Transfer may be subject to intervention by Regulatory Authority
- 63 Effect of intervention
- 64 Regulatory Authority may request further information
- 65 Decision after intervention
- 66 Regulatory Authority to notify outcome 7 days before transfer
- 67 Transfer of service approval without consent is void
- 68 Confirmation of transfer
- 69 Notice to parents
- 70 Grounds for suspension of service approval
- 71 Show cause notice before suspension
- 72 Decision in relation to suspension
- 73 Suspension of service approval without show cause
- 74 Notice and effect of decision
- 75 Suspension of service approval to the extent that it relates to associated children's service
- 76 Transfer of suspended service
- 77 Grounds for cancellation of service approval
- 78 Show cause notice before cancellation
- 79 Decision in relation to cancellation
- 80 Cancellation of service approval to the extent that it relates to associated children's service
- 81 Application for transfer of cancelled service
- 82 Decision on application to transfer cancelled service
- 83 Approved provider to provide information to Regulatory Authority
- 84 Notice to parents of suspension or cancellation
- 85 Voluntary suspension of service approval
- 86 Surrender of service approval
- 87 Application for service waiver for service
- 88 Form of application
- 89 Powers of Regulatory Authority in considering application
- 90 Matters to be considered
- 91 Decision on application
- 92 Revocation of service waiver
- 93 Effect of service waiver
Division 6--Temporary waiver
- 94 Application for temporary waiver
- 95 Form of application
- 96 Regulatory Authority may seek further information
- 97 Special circumstances
- 98 Decision on application
- 99 Revocation of temporary waiver
- 100 Effect of temporary waiver
Division 7--Exercise of powers by another Regulatory Authority
- 101 Exercise of powers by another Regulatory Authority – family day care services
Division 8--Associated children's services
- 102 Application of this Law to associated children's services
Division 9--Offences
- 103 Offence to provide an education and care service without service approval
- 104 Offence to advertise education and care service without service approval
- 105 Purpose of supervisor certificate
- 106 Application for supervisor certificate
- 107 Form of application
- 108 Applicant must satisfy Regulatory Authority of specified matters
- 109 Matters to be taken into account in assessing whether fit and proper person
- 110 Regulatory Authority may seek further information
- 111 Grant or refusal of supervisor certificate
- 112 Grounds for refusal
- 113 Notice of decision on application
- 114 Grant of supervisor certificate to specified classes of persons
- 115 Conditions on certificate
- 116 Issue of certificate
- 117 Effect of supervisor certificate
- 118 Reassessment of suitability
- 119 Amendment of supervisor certificate on application
- 120 Amendment of supervisor certificate by Regulatory Authority
- 121 Notice of change of circumstances
- 122 Notice of change of information
- 123 Grounds for suspension or cancellation of supervisor certificate
- 124 Show cause notice before suspension or cancellation
- 125 Decision in relation to suspension or cancellation
- 126 Suspension of supervisor certificate without show cause notice
- 127 Notice and taking effect of suspension or cancellation
- 128 Suspension or cancellation of certain supervisor certificates
- 129 Voluntary suspension of supervisor certificate
- 130 Surrender of a supervisor certificate by certified supervisor
- 131 Exercise of powers by another Regulatory Authority
- 132 Offence to act as supervisor without supervisor certificate
- 133 Assessment for rating purposes
- 134 Rating levels
- 135 Rating of approved education and care service
- 136 Notice to approved education and care service of rating
- 137 Suspension of rating assessment
- 138 Regulatory Authority may reassess and re-rate approved education and care service
- 139 Application for reassessment and re-rating by approved provider
- 140 Application of Division 1
- 141 Review by Regulatory Authority
- 142 Process for review
- 143 Outcome of review by Regulatory Authority Subdivision 1--Application for review
- 144 Application for further review by Ratings Review Panel
- 145 Form and time of application Subdivision 2--Establishment of Ratings Review Panel
- 146 Establishment of Ratings Review Panel
- 147 Review Panel pool
- 148 Procedure of Panel
- 149 Transaction of business by alternative means Subdivision 3--Conduct of review
- 150 Conduct of review
- 151 Decision on review by Ratings Review Panel
- 152 Application for highest rating
- 153 Assessment of education and care service
- 154 Board may seek information and documents
- 155 Decision on application
- 156 Notice of decision
- 157 Reassessment of highest rating level
- 158 Revocation of highest rating level
- 159 Re-application for highest rating level
- 160 Publication of ratings
PART 6--OPERATING AN EDUCATION AND CARE SERVICE
- 161 Offence to operate education and care service without nominated supervisor
- 162 Offence to operate education and care service unless responsible person is present
- 163 Offence relating to appointment or engagement of family day care co-ordinators
- 164 Offence relating to assistance to family day care educators
- 165 Offence to inadequately supervise children
- 166 Offence to use inappropriate discipline
- 167 Offence relating to protection of children from harm and hazards
- 168 Offence relating to required programs
- 169 Offence relating to staffing arrangements
- 170 Offence relating to unauthorised persons on education and care service premises
- 171 Offence relating to direction to exclude inappropriate persons from education and care service premises
- 172 Offence to fail to display prescribed information
- 173 Offence to fail to notify certain circumstances to Regulatory Authority
- 174 Offence to fail to notify certain information to Regulatory Authority
- 175 Offence relating to requirement to keep enrolment and other documents
PART 7--COMPLIANCE WITH THIS LAW
Division 1--Notices
- 176 Compliance directions
- 177 Compliance notices
- 178 Notice to suspend education and care by a family day care educator
- 179 Emergency action notices
Division 2--Enforceable undertakings
Division 3--Prohibition notices
- 182 Grounds for issuing prohibition notice
- 183 Show cause notice to be given before prohibition notice
- 184 Deciding whether to issue prohibition notice
- 185 Content of prohibition notice
- 186 Cancellation of prohibition notice
- 187 Person must not contravene prohibition notice
- 188 Offence to engage person to whom prohibition notice applies
Division 4--Emergency removal of children
- 189 Emergency removal of children
PART 8--REVIEW
Division 1--Internal review
Division 2--External review
- 192 Reviewable decision – external review
- 193 Application for review of decision of the Regulatory Authority
Division 3--General
- 194 Relationship with Act establishing administrative body
PART 9--MONITORING AND ENFORCEMENT
Division 1--Authorised officers
Division 2--Powers of entry
- 197 Powers of entry for assessing and monitoring approved education and care service
- 198 National Authority representative may enter service premises in company with Regulatory Authority
- 199 Powers of entry for investigating approved education and care service
- 200 Powers of entry to business premises
- 201 Entry to premises with search warrant
- 202 Seized items
- 203 Court may extend period
Division 3--Other powers
- 204 Power to require name and address
- 205 Power to require evidence of age, name and address of person
- 206 Power of authorised officers to obtain information documents and evidence
Division 4--Offences relating to enforcement
- 207 Offence to obstruct authorised officer
- 208 Offence to fail to assist authorised officer
- 209 Offence to destroy or damage notices or documents
- 210 Offence to impersonate authorised officer
- 211 Protection against self incrimination
- 212 Warning to be given
- 213 Occupier's consent to search
Division 5--Powers of Regulatory Authority
- 214 Powers of Regulatory Authority to obtain information for rating purposes
- 215 Power of Regulatory Authority to obtain information, documents and evidence by notice
- 216 Power of Regulatory Authority to obtain information, documents and evidence at education and care service
- 217 Offence to fail to comply with notice or requirement
- 218 Offence to hinder or obstruct Regulatory Authority
- 219 Self incrimination not an excuse
PART 10--MINISTERIAL COUNCIL
- 220 Functions of Ministerial Council
- 221 Powers of Ministerial Council
- 222 Directions
- 223 How Ministerial Council exercises powers
PART 11--AUSTRALIAN CHILDREN'S EDUCATION AND CARE QUALITY AUTHORITY
Division 1--The National Authority
- 224 National Authority
- 225 Functions of National Authority
- 226 National Authority may advise and seek guidance of Ministerial Council
- 227 Powers of National Authority
- 228 Co-operation with participating jurisdictions and Commonwealth
- 229 National audit functions
Division 2--The Board of the National Authority
Subdivision 1--Establishment and responsibilities- 230 National Authority Board
- 231 Responsibilities of Board
- 232 Membership of Board Subdivision 2--Members
- 233 Terms of office of members
- 234 Remuneration
- 235 Vacancy in the office of member
- 236 Acting positions
- 237 Leave of absence
- 238 Disclosure of conflict of interest Subdivision 3--Procedure of Board
- 239 General procedure
- 240 Quorum
- 241 Chief executive officer may attend meetings of the Board
- 242 Presiding member
- 243 Voting
- 244 Defects in appointment of members
- 245 Transaction of business by alternative means
- 246 Delegation by Board
- 247 Committees Subdivision 4--Chief executive officer of the National Authority
- 248 Chief executive officer
- 249 Functions of chief executive officer
- 250 Terms and conditions of appointment
- 251 Remuneration
- 252 Vacancy in office
- 253 Resignation
- 254 Termination of appointment
- 255 Acting chief executive officer
- 256 Disclosure of interests Subdivision 5--Staff, consultants and contractors
- 257 Staff of National Authority
- 258 Staff seconded to National Authority
- 259 Consultants and contractors
PART 12--REGULATORY AUTHORITY
PART 13--INFORMATION, RECORDS AND PRIVACY
Division 1--Privacy
- 263 Application of Commonwealth Privacy Act
Division 2--Application of Commonwealth FOI Act
- 264 Application of Commonwealth FOI Act
Division 3--Application of New South Wales State Records Act
- 265 Application of State Records Act
Division 4--Registers
- 266 Register of approved providers
- 267 Register of education and care services
- 268 Register of certified supervisors
- 269 Register of family day care educators
Division 5--Publication of information
- 270 Publication of information
Division 6--Disclosure of information
- 271 Disclosure of information to other authorities
- 272 Disclosure of information to education and care services
- 273 Duty of confidentiality
PART 14--MISCELLANEOUS
Division 1--Finance
- 274 Australian Children's Education and Care Quality Authority Fund
- 275 Payments into Authority Fund
- 276 Payments out of Authority Fund
- 277 Investment of money in Authority Fund
- 278 Financial management duties of National Authority
Division 2--Reporting
Division 3--Application of Commonwealth Ombudsman Act
- 282 Application of Commonwealth Ombudsman Act
Division 4--Legal proceedings
- 283 Who may bring proceedings for an offence?
- 284 When proceedings may be brought
- 285 Offences by bodies corporate
- 286 Application of Law to partnerships and eligible associations and other entities
- 287 Multiple holders of an approval
- 288 Double jeopardy
- 289 Immunity
- 290 Immunity – education law
- 291 Infringement offences
- 292 Evidentiary certificates
Division 5--Service of notices
Division 6--False or misleading information
- 295 False or misleading information or documents
Division 7--Protection from reprisal
- 296 Definitions
- 297 Protection from reprisal
- 298 Proceedings for damages for reprisal
- 299 Application for injunction or order
- 300 Injunction or order
Division 8--National regulations
- 301 National regulations
- 302 Publication of national regulations
- 303 Parliamentary scrutiny of national regulations
- 304 Effect of disallowance of national regulation
PART 15--TRANSITIONAL PROVISIONS
Division 1--Introductory
- 305 Definitions
Division 2--Education and care services
- 306 Approved provider
- 307 Service approvals
- 308 Approved family day care venues
- 309 Approval of declared out of scope services
- 310 Application for service waiver or temporary waiver
- 311 Existing applicants
- 312 Existing multiple approvals to merge
- 313 Display of accreditation and rating
- 314 Effect of non-compliance in 3 years before scheme commencement day
- 315 Certified supervisors
- 316 Nominated supervisors
- 317 Notices and undertakings
- 318 Offences
Division 3--National Authority
- 319 First meeting of National Authority
- 320 First chief executive officer of National Authority
- 321 First annual report of National Authority