EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 209

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 209

209 .         Miscellaneous modifications

                The FOI Act applies —

            (a)         as if a reference to the Commonwealth or the Government of the Commonwealth (other than a reference in relation to a matter affecting national security, defence, international relations or the national economy) were a reference to a participating jurisdiction or the Government of a participating jurisdiction; and

            (b)         as if a reference to the Parliament were a reference to the Parliaments of the Commonwealth and the participating jurisdictions; and

            (c)         as if a reference to relations, arrangements or communications between the Commonwealth and a State included a reference to relations, arrangements or communications between States; and

            (d)         as if a reference to the Federal Court were a reference to the Supreme Court, or another court of competent jurisdiction, of a participating jurisdiction; and

            (e)         as if —

                  (i)         a reference to the Administrative Appeals Tribunal were a reference to a relevant administrative tribunal; and

                  (ii)         a provision of the Administrative Appeals Tribunal Act 1975 did not apply;

                and

            (f)         as if a reference to the Ombudsman were a reference to the Education and Care Services Ombudsman; and

            (g)         as if a reference to any other Commonwealth office holder or body (other than a reference to the Inspector‑General of Intelligence and Security) were a reference to the equivalent office holder or body of a participating jurisdiction; and

            (h)         as if a requirement for a Minister to prepare a report on the operation of the Act were a requirement for the National Authority to include a report on the operation of the Act, so far as it relates to the National Authority, in its annual report; and

                  (i)         as if a reference to the payment of costs by the Commonwealth were a reference to the payment of costs by the National Authority from the Authority Fund; and

            (j)         as if it were modified so that the provisions relating to transferring complaints to the Ombudsman do not apply to complaints made about a Regulatory Authority; and

            (ja)         as if a reference in sections 8(3) and 11C(2) to legislative instrument were a reference to instrument; and

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

        [Regulation 209 amended: SL 2023/186 r. 38.]