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This is a Bill, not an Act. For current law, see the Acts databases.
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Early Childhood Development)
Contents
Page
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Early Childhood Development)
Education and Care Services National Law (ACT) Amendment Bill 2024
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Education and Care Services National Law (ACT) Amendment Act 2024
.
(1) This Act (other than the provisions mentioned in subsection (2)) commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) The following provisions commence 3 months after this Act’s notification day:
• section 5
• sections 7 and 8
• section 13.
This Act amends the
.
Note This Act also amends other legislation (see sch 1).
4 Adoption of Education and Care
Services National Law
New section 6 (1A)
insert
(1A) For the Education and Care Services National Law (ACT), section 105 (Application of Part to certain participating jurisdictions only)—
(a) the Territory is a participating jurisdiction; and
(b) part 4 (Approval in principle for education and care service premises located in certain types of buildings) of that Law applies as a territory law.
insert
(1B) The Education and Care Services National Law (ACT), section 49A (Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle) applies as a territory law.
omit
not later than 6 sitting days after the day it is passed
after
regulations)
insert
and section 340 (Transitional provision—approvals in principle—applications for service approval)
omit
does not
substitute
do not
insert
(6) To remove any doubt, the Education and Care Services National Law (ACT), section 303 (5) and section 304 (Effect of disallowance of national regulation) apply as a territory law.
(7) Despite subsection (4), the Education and Care Services National Law (ACT) is taken to be amended by the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017
(Vic) and the Regulatory Legislation Amendment (Reform) Act 2022
(Vic) as if those Acts—
(a) had been presented to the Legislative Assembly in accordance with subsection (2); and
(b) had not been disallowed under subsection (3).
(8) Subsection (7) and this subsection expire on the day they commence.
10 Exclusion of territory
laws
New section 7 (1) (ba)
insert
(ba) the
;
insert
(1A) Subsection (1) (c) does not limit the application of the Legislation Act
to this Act.
insert
17A Part 4 building law and Part 4 planning law
(1) For the definition of Part 4 building law in the Education and Care Services National Law (ACT), section 5, the Building Act 2004
is a Part 4 building law.
(2) For the definition of Part 4 planning law in the Education and Care Services National Law (ACT), section 5, the Planning Act 2023
is a Part 4 planning law.
17B Application for approval in principle
For the Education and Care Services National Law (ACT), section 107 (2), an application for an approval in principle must be made to the Regulatory Authority not later than—
(a) if, under the
, a development approval is required for the education and care service premises—the day before the application for development approval is made; or
(b) in any other case—the day before an application for building approval for the education and care service premises is made under the Building Act 2004
.
insert
Part 10 Transitional—Applications for service approval
50 Meaning of commencement day—pt 10
In this part:
commencement day means the day the Education and Care Services National Law (ACT) Amendment Act 2024, section 5 commences.
51 Application of national law, s 49A to certain applications for approval
(1) This section applies if—
(a) before, on or after the commencement day, an application for service approval for an education and care service is made under the Education and Care Services National Law (ACT), section 43 (Application for service approval); and
(b) before the commencement day—
(i) if, under the
, a development approval is required for the education and care service premises—an application for a development approval for the premises is made; or
(ii) in any other case—an application for building approval for the education and care service premises is made under the Building Act 2004
.
(2) The Education and Care Services National Law (ACT), section 49A (Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle) does not apply to the application for service approval.
52 Expiry—pt 10
This part expires 5 years after the commencement day.
Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
(see s 3)
Part 1.1 Children and Young People Act 2008
[1.1] Section 356 (3), new definitions
insert
education and care service—see the Education and Care Services National Law (ACT), section 5.
educator—
(a) means an educator within the meaning of the Education and Care Services National Law (ACT), section 5; but
(b) does not include an educator in a family day care service.
family day care co-ordinator—see the Education and Care Services National Law (ACT), section 5.
family day care service—see the Education and Care Services National Law (ACT), section 5.
Note The
, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010
(Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
[1.2] Section 356 (3), definition of mandated reporter, paragraph (l)
substitute
(l) a family day care co-ordinator;
(la) an educator;
(lb) an education and care service provider;
[1.3] Section 66A (5) definition of relevant institution, examples—par (a)
omit
child care centres
substitute
education and care services, childcare centres
Part 1.3 Crimes (Child Sex Offenders) Act 2005
omit
child-care centres
substitute
education and care services or childcare centres
[1.5] Section 124 (2), new definitions
insert
childcare centre includes a childcare centre within the meaning
of the
, section 733.
education and care service—see the Education and Care Services National Law (ACT), section 5.
Note The
, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010
(Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
omit
a child care centre
substitute
an education and care service or childcare centre
omit
child care centre
substitute
education and care service or childcare centre
Part 1.4 Domestic Animals Act 2000
omit
a child-care centre
substitute
an education and care service or childcare centre
[1.9] Section 42 (6), new definitions
insert
childcare centre includes a childcare centre within the meaning
of the
, section 733.
education and care service—
(a) means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but
(b) does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5.
Note The
, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010
(Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
[1.10] Section 34 (1) (m), examples
omit
• child care centres
substitute
• education and care service premises
• childcare centres
Part 1.6 Leases (Commercial and Retail) Act 2001
omit
a child care centre
substitute
an education and care service or childcare centre
[1.12] Section 12 (7), new definitions
insert
childcare centre includes a childcare centre within the meaning
of the
, section 733.
education and care service—
(a) means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but
(b) does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5.
Note The
, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010
(Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
Part 1.7 Spent Convictions Act 2000
after
childcare worker,
insert
educator,
[1.14] Section 19 (1) (b) (ii)
omit
child-care centre
substitute
education and care service, childcare centre
insert
(12) In this section:
childcare centre includes a childcare centre within the meaning
of the
, section 733.
education and care service—
(a) means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but
(b) does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5.
educator—see the Education and Care Services National Law (ACT), section 5.
Note The
, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010
(Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
Part 1.8 Working with Vulnerable People (Background Checking) Act 2011
[1.16] Schedule 1, section 1.3 heading
substitute
1.3 Education and care service or childcare service
[1.17] Schedule 1, new section 1.3 (1) (aa)
before paragraph (a), insert
(aa) an education and care service; or
[1.18] Schedule 1, section 1.3 (2), new definition of education and care service
insert
education and care service—see the Education and Care Services National Law (ACT), section 5.
Note The
, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010
(Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 10 April 2024.
2 Notification
Notified under the
on 2024.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2024
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