New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Children (Education and Care Services)
Supplementary Provisions Amendment
Bill 2018
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Children (Education and Care Services)
Supplementary Provisions Act 2011 No 70 3
Schedule 2 Consequential amendments 9
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2018
New South Wales
Children (Education and Care Services)
Supplementary Provisions Amendment
Bill 2018
Act No , 2018
An Act to amend the Children (Education and Care Services) Supplementary Provisions Act 2011
to further provide for the regulation of certain children's education and care services and to further
align the regulation of those services with the Children (Education and Care Services) National
aw (NSW); and for other purposes.
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Children (Education and Care Services) Supplementary Provisions
Amendment Act 2018.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as
provided by this section.
(2) Schedule 1 [34]-[37] commence on the date of assent to this Act.
Page 2
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
Schedule 1 Amendment of Children (Education and Care Services) Supplementary Provisions Act 2011
No 70
Schedule 1 Amendment of Children (Education and Care
Services) Supplementary Provisions Act 2011
No 70
[1] Section 3 Definitions
Omit the definitions of centre based education and care service, certified supervisor,
family day care service, home based education and care service and supervisor certificate
from section 3 (1).
[2] Section 3 (1), definition of "occasional education and care service"
Insert in alphabetical order:
occasional education and care service--see section 4.
[3] Section 4 Meaning of "State regulated education and care service"
Omit section 4 (1). Insert instead:
(1) For the purposes of this Act, each of the following is a State regulated
education and care service:
(a) a mobile education and care service, being an education and care
service that visits specific premises, areas or places at specified times
for the purpose of providing the care,
(b) an occasional education and care service, being an education and care
service that is provided at fixed premises (other than the home of the
approved provider of the service) primarily on an ad hoc or casual basis
and that does not usually offer full-time or all day education and care to
children on an ongoing basis.
[4] Section 4 (3) (g)
Omit the paragraph. Insert instead:
(g) a service principally conducted to provide instruction in a particular
activity,
Note. Instruction in sport, dance, music, culture, language or religion are
examples.
[5] Section 6
Insert after section 5:
6 Objectives and principles underlying the provision of State regulated
education and care services
(1) The National Law Alignment Provisions provide for the objectives and
guiding principles that apply to the provision of State regulated education and
care services.
(2) A reference in sections 3 and 4 of the National Law to the national education
and care services quality framework is to be read, for the purposes of the
National Law Alignment Provisions, as a reference to the framework for the
provision of State regulated education and care services established by this
Act.
[6] Part 2 Guiding principles
Omit the Part.
Page 3
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
Schedule 1 Amendment of Children (Education and Care Services) Supplementary Provisions Act 2011
No 70
[7] Section 8 Unauthorised provision of education and care service
Omit "certified" from section 8 (2). Insert instead "nominated".
[8] Section 8 (2)
Omit "the supervisor certificate". Insert instead "this Act".
[9] Section 8 (3)
Omit "(other than a certified supervisor of the service)" and "or a certified supervisor of the
service".
[10] Section 9 Advertising of unauthorised education and care service
Omit "this section" from section 9 (3). Insert instead "subsection (1) or (2)".
[11] Section 9 (4)
Insert after section 9 (3):
(4) A person must not advertise or hold out that the person is willing to provide a
State regulated education and care service for which an application for any
provider approval or service approval required to authorise the person to
provide the proposed service is pending unless it is made clear that the service
will be provided only after any such approval has been granted.
Maximum penalty: $550.
[12] Section 10 Nomination of supervisor
Omit the section.
[13] Section 14A
Insert after section 14:
14A Service waivers and temporary waivers
The National Law Alignment Provisions provide for the grant of service
waivers and temporary waivers for State regulated education and care services
and other matters relating to waivers.
Note. Under Divisions 5 and 6 of Part 3 of the National Law, an approved provider of
an education and care service may apply for a service (ie permanent) or temporary
waiver from a requirement that the service comply with certain elements of the National
Quality Standard (set out in the national regulations) or certain specified provisions of
the national regulations.
[14] Part 3, Division 4
Omit the Division. Insert instead:
Division 4 Assessment and rating
15 Assessment and rating of State regulated education and care services
(1) The National Law Alignment Provisions provide for the assessment by the
Regulatory Authority of State regulated education and care services and the
determination of rating levels (other than the highest rating level) for the
services.
(2) The regulations may make provision for the award of the highest rating level
to State regulated education and care services.
Page 4
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
Schedule 1 Amendment of Children (Education and Care Services) Supplementary Provisions Act 2011
No 70
(3) Subsection (2) does not prevent the Regulatory Authority from entering into
arrangements with the National Authority for the assessment of State
regulated education and care services and the award of the highest rating level
to those services by the National Authority.
[15] Section 20 Extension does not affect operation of National Law in respect of
nationally regulated education and care services
Omit ", service approval or supervisor certificate" wherever occurring.
Insert instead "or service approval".
[16] Section 21 Excluded provisions
Omit section 21 (1) (a). Insert instead:
(a) sections 1, 2 and 3 (1) and (2) (d) (preliminary matters),
[17] Section 21 (1) (g)
Omit the paragraph. Insert instead:
(g) section 51 (8) (offence of contravening conditions of service approval),
[18] Section 21 (1) (h) and (i)
Omit the paragraphs.
[19] Section 21 (1) (n)-(s)
Omit the paragraphs.
[20] Section 21 (1) (t) and (u)
Omit section 21 (1) (t)-(v). Insert instead:
(t) section 134 (2) and Divisions 4-6 of Part 5 (which relate to certain
assessment and rating functions of the National Authority),
(u) section 169 (7) and (8) (which relate to determinations of equivalent
qualifications by the National Authority),
[21] Section 21 (1) (x)
Omit the paragraph.
[22] Section 21 (1) (aa)
Omit section 21 (1) (aa)-(ac). Insert instead:
(aa) Part 13 (Information, records and privacy), except sections 267 (1)-(4),
270, 271, 272 (1) and 273,
[23] Section 21 (2)
Omit "exceptions". Insert instead "modifications".
[24] Section 24 References to Regulatory Authority
Omit "Director-General of the Department of Education and Communities" from the note
to section 24 (1).
Insert instead "Secretary of the Department of Education".
Page 5
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
Schedule 1 Amendment of Children (Education and Care Services) Supplementary Provisions Act 2011
No 70
[25] Section 24 (2)
Omit ", service approvals and supervisor certificates".
Insert instead "and service approvals".
[26] Section 24 (3)
Omit ", service approvals or supervisor certificates".
Insert instead "or service approvals".
[27] Section 26 References to matters that relate to national scheme only
Insert "(except in relation to the National Quality Standard)" after "Council" in
section 26 (b).
[28] Section 26 (c)
Omit section 26 (c) and (d). Insert instead:
(c) references to the highest rating level for an education and care service,
[29] Section 26 (f)
Omit the paragraph.
[30] Sections 27-27B
Omit section 27. Insert instead:
27 References to National Quality Framework and National Quality Standard
(1) A reference in the National Law to the National Quality Framework is to be
read, for the purpose of the National Law Alignment Provisions, as a reference
to the following:
(a) this Act (including the National Law Alignment Provisions),
(b) the regulations under this Act,
(c) the National Quality Standard,
(d) the rating system provided for by the regulations under this Act.
(2) A reference in the National Law to the National Quality Standard is to be read,
for the purpose of the National Law Alignment Provisions, as a reference to
the National Quality Standard approved by the Ministerial Council under the
National Law as in force from time to time.
(3) The regulations may make further provision for the application of the National
Quality Standard to State regulated education and care services, including by
modifying the National Quality Standard as it applies to those services.
27A Specific variations
(1) A reference in section 168 of the National Law to an approved learning
framework is to be read, for the purpose of the National Law Alignment
Provisions, as a reference to the learning framework approved by the
Ministerial Council under the National Law as in force from time to time.
(2) A reference in the National Law to qualifications required or approved under
that Law includes, for the purpose of the National Law Alignment Provisions,
a reference to any qualifications that have been determined by the National
Authority to be equivalent to the qualifications required by the regulations
under the National Law.
Page 6
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
Schedule 1 Amendment of Children (Education and Care Services) Supplementary Provisions Act 2011
No 70
(3) A reference in section 201 of the National Law to section 103 of the National
Law is to be read, for the purpose of the National Law Alignment Provisions,
as a reference to section 8 of this Act.
Note. Accordingly the power to enter premises under section 201 of the National Law
where a contravention of section 103 of the National Law is suspected is, for the
purposes of the National Law Alignment Provisions, a power to enter premises where
a contravention of section 8 of this Act is suspected.
27B Fees
(1) The amount of a fee payable under the National Law Alignment Provisions in
respect of a State regulated education and care service is the fee payable under
the National Law in respect of an education and care service other than a
family day care service.
(2) The Regulatory Authority may waive, reduce, defer or refund any fee payable
or paid to it under the National Law Alignment Provisions if there are
exceptional circumstances.
[31] Part 5 Other operational requirements
Omit the Part.
[32] Section 36 Regulations
Omit section 36 (2) (b).
[33] Section 36 (2) (c)
Omit "centre based" wherever occurring. Insert instead "occasional or mobile".
[34] Schedule 1 Savings, transitional and other provisions
Omit clause 1 (1). Insert instead:
(1) The regulations may contain provisions of a savings or transitional nature
consequent on the enactment of this Act or any Act that amends this Act.
[35] Schedule 1, clause 1 (2)
Insert "and has effect despite anything to the contrary in this Schedule" after "later date".
[36] Schedule 1, clause 1 (4)
Insert after clause 1 (3):
(4) Without limiting subclauses (1) and (2), regulations made for the purposes of
this clause may amend this Schedule to provide for additional or different
savings and transitional provisions instead of including the provisions in the
regulations.
Page 7
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
Schedule 1 Amendment of Children (Education and Care Services) Supplementary Provisions Act 2011
No 70
[37] Schedule 1, Part 3
Insert after Part 2:
Part 3 Provision consequent on enactment of Children
(Education and Care Services) Supplementary
Provisions Amendment Act 2018
3 Transitional provision for home based education and care services and retail
shopping centre child-minding services
On and from the date of assent to the Children (Education and Care Services)
Supplementary Provisions Amendment Act 2018, a person may not apply to
the Regulatory Authority:
(a) for a provider approval or service approval for a home based education
and care service under the National Law Alignment Provisions, or
(b) for an approval to provide a centre based education and care service that
is a child-minding service at a retail shopping centre under Part 8 of the
Children (Education and Care Services) Supplementary Provisions
Regulation 2012.
Page 8
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
Schedule 2 Consequential amendments
Schedule 2 Consequential amendments
2.1 Child Protection (Working with Children) Act 2012 No 51
[1] Section 5 Definitions
Omit the definitions of certified supervisor and home based education and care service
from section 5 (1).
[2] Section 5 (1), definition of "notifiable person"
Omit "home based education and care service or" from paragraph (c).
[3] Section 6 Child-related work
Omit "certified supervisor" from section 6 (3) (b).
Insert instead "nominated supervisor (within the meaning of the Children (Education and
Care Services) National Law (NSW)".
[4] Section 10 Adult persons residing with authorised carers or persons providing
family day care services
Omit "home based education and care service or" wherever occurring in section 10 (1) and
(2).
[5] Section 11B Responsible agency must verify person has clearance or current
application
Omit "a home based education and care service or" from section 11B (1) (c).
[6] Section 17 Interim bars
Omit "home based education and care service or" from section 17 (1) (c).
2.2 Child Protection (Working with Children) Regulation 2013
[1] Clause 18 Proof of identity
Omit "home based education and care service or" from clause 18 (3) (a).
[2] Schedule 1 Savings and transitional provisions
Omit "certified" wherever occurring in clause 2 (7) (f). Insert instead "nominated".
2.3 Standard Instrument (Local Environmental Plans) Order 2006
Standard instrument, Dictionary
Omit the definition of home-based child care. Insert instead:
home-based child care means a family day care residence (within the meaning
of the Children (Education and Care Services) National Law (NSW)) at which
the education and care service is provided at any one time to no more than
7 children (including any child of the person providing the service) all of
whom are under the age of 13 years and no more than 4 of whom are children
who do not ordinarily attend school.
Note. A family day care residence is a residence at which a family day care educator
educates and cares for children as part of a family day care service--see the Children
(Education and Care Services) National Law (NSW).
Page 9
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
Schedule 2 Consequential amendments
2.4 State Environmental Planning Policy (Educational Establishments and
Child Care Facilities) 2017
Clause 5 Interpretation
Omit the definition of home-based child care from the note to clause 5 (1). Insert instead:
home-based child care means a family day care residence (within the meaning
of the Children (Education and Care Services) National Law (NSW)) at which
the education and care service is provided at any one time to no more than
7 children (including any child of the person providing the service) all of
whom are under the age of 13 years and no more than 4 of whom are children
who do not ordinarily attend school.
Note. A family day care residence is a residence at which a family day care educator
educates and cares for children as part of a family day care service--see the Children
(Education and Care Services) National Law (NSW).
2.5 Sydney Local Environmental Plan (Glebe Affordable Housing Project)
2011
Dictionary
Omit the definition of home-based child care. Insert instead:
home-based child care means a family day care residence (within the meaning
of the Children (Education and Care Services) National Law (NSW)) at which
the education and care service is provided at any one time to no more than
7 children (including any child of the person providing the service) all of
whom are under the age of 13 years and no more than 4 of whom are children
who do not ordinarily attend school.
Note. A family day care residence is a residence at which a family day care educator
educates and cares for children as part of a family day care service--see the Children
(Education and Care Services) National Law (NSW).
2.6 Sydney Local Environmental Plan (Green Square Town Centre) 2013
Dictionary
Omit the definition of home-based child care. Insert instead:
home-based child care means a family day care residence (within the meaning
of the Children (Education and Care Services) National Law (NSW)) at which
the education and care service is provided at any one time to no more than
7 children (including any child of the person providing the service) all of
whom are under the age of 13 years and no more than 4 of whom are children
who do not ordinarily attend school.
Note. A family day care residence is a residence at which a family day care educator
educates and cares for children as part of a family day care service--see the Children
(Education and Care Services) National Law (NSW).
2.7 Sydney Local Environmental Plan (Green Square Town Centre--Stage
2) 2013
Dictionary
Omit the definition of home-based child care. Insert instead:
home-based child care means a family day care residence (within the meaning
of the Children (Education and Care Services) National Law (NSW)) at which
the education and care service is provided at any one time to no more than
7 children (including any child of the person providing the service) all of
Page 10
Children (Education and Care Services) Supplementary Provisions Amendment Bill 2018 [NSW]ï€
Schedule 2 Consequential amendments
whom are under the age of 13 years and no more than 4 of whom are children
who do not ordinarily attend school.
Note. A family day care residence is a residence at which a family day care educator
educates and cares for children as part of a family day care service--see the Children
(Education and Care Services) National Law (NSW).
Page 11
[Index] [Search] [Download] [Related Items] [Help]