EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 223

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 223

223 .         Miscellaneous modifications

                The Ombudsman Act applies —

            (a)         as if a reference to the Minister or the responsible Minister were a reference to a member of the Ministerial Council nominated by that Council; and

            (b)         as if a reference to the Governor‑General were a reference to the Ministerial Council; and

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

            (d)         as if a reference to the Commonwealth or the Government of the Commonwealth were a reference to a participating jurisdiction or the Government of a participating jurisdiction; and

            (e)         as if a reference to the Prime Minister were a reference to a member of the Ministerial Council nominated by that Council; and

            (f)         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

            (g)         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

            (h)         as if section 6C applied so that a reference to the Information Commissioner were a reference to the National Education and Care Services Privacy Commissioner or the National Education and Care Services Freedom of Information Commissioner; and

                  (i)         as if it were modified so that provisions relating to the Integrity Commissioner did not apply; and

            (j)         as if a reference to a Commonwealth service provider were a reference to a person who provides goods or services under a contract with the National Authority; and

            (k)         as if a reference to any other Commonwealth office holder or body were a reference to the equivalent office holder or body of a participating jurisdiction; and

            (l)         as if a reference to an arrangement or communication between a Commonwealth Minister and a Minister of a State included a reference to an arrangement or communication between Ministers of States; and

            (m)         as if the requirement to observe confidentiality under the Act —

                  (i)         applies to any person performing functions under the Act; but

                  (ii)         does not prevent a member of the Ministerial Council making a record of, or divulging or communicating to another member of the Ministerial Council, information acquired by the member in performing functions under the Act;

                and

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