New South Wales Consolidated Acts

CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - As at 22 November 2023 - Act 104a of 2010

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Objectives and guiding principles
   4.      How functions to be exercised
   5.      Definitions
   5A.     Meaning of person with management or control
   6.      Interpretation generally
   7.      Single national entity
   8.      Extraterritorial operation of Law
   9.      Law binds the State

   PART 2 - PROVIDER APPROVAL

           Division 1 - Application for provider approval

   10.     Application for provider approval
   11.     Form of application
   12.     Applicant must be fit and proper person
   13.     Matters to be taken into account in assessing whether fit and proper person
   14.     Regulatory Authority may seek further information
   15.     Grant or refusal of provider approval
   16.     Notice of decision on application
   17.     Duration of provider approval
   18.     Effect of provider approval
   19.     Conditions on provider approval
   20.     Copy of provider approval

           Division 2 - Reassessment

   21.     Reassessment of fitness and propriety

           Division 3 - Amendment of provider approvals

   22.     Amendment of provider approval on application
   23.     Amendment of provider approval by Regulatory Authority
   24.     Copy of amended provider approval to be provided

           Division 4 - Suspension or cancellation of provider approval

   25.     Grounds for suspension of provider approval
   26.     Show cause notice before suspension
   27.     Decision to suspend after show cause process
   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

   39.     Death of approved provider
   40.     Incapacity of approved provider
   41.     Decision on application

           Division 6 - Exercise of powers by another Regulatory Authority

   42.     Exercise of powers by another Regulatory Authority

   PART 3 - SERVICE APPROVAL

           Division 1 - Application for service approval

   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
   49A.    Additional ground for refusal in certain participating jurisdictions--mandatory approval in principle
   50.     Notice of decision on application
   50A.    Approval of a place as a family day care venue
   51.     Conditions on service approval
   52.     Copy of service approval to be provided
   53.     Annual fee

           Division 2 - Amendment of service approval

   54.     Amendment of service approval on application
   55.     Amendment of service approval by Regulatory Authority
   55A.    Condition relating to family day care co ordinators
   56.     Notice of addition of nominated supervisor
   56A.    Notice of change of a nominated supervisor's name or contact details
   57.     Copy of amended service approval to be provided

           Division 3 - Transfer of service approval

   58.     Service approval may be transferred
   59.     Regulatory Authority to be notified of transfer
   59A.    Further notification required in case of delay to transfer date
   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 10 days before transfer
   67.     Transfer of service approval without consent is void
   67A.    Request for earlier transfer date after consent given to transfer
   68.     Confirmation of transfer
   69.     Notice to parents

           Division 4 - Suspension or cancellation of service approval

   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

           Division 5 - Application for service waiver

   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
   103A.   Offence relating to places where education and care is provided as part of a family day care service
   104.    Offence to advertise education and care service without service approval

   PART 4 - APPROVAL IN PRINCIPLE FOR EDUCATION AND CARE SERVICE PREMISES LOCATED IN CERTAIN TYPES OF BUILDINGS

           Division 1--Application of this Part

   105.    Application of Part to certain participating jurisdictions only

           Division 2--Application for approval in principle

   106.    Application for approval in principle
   107.    Form and timing of application
   108.    Regulatory Authority may seek further information
   109.    Determination of application for an approval in principle
   110.    Grant or refusal of approval in principle
   111.    Regulatory Authority must refuse to grant approval in principle unless satisfied of certain matters
   112.    Notice of decision on application for approval in principle
   113.    Copy of approval in principle to be provided

           Division 3--Duties of approval in principle holder

   114.    Duty to notify Regulatory Authority of any material change

           Division 4--Amendment and transfer of approval in principle

   115.    Amendment of approval in principle on application
   116.    Amendment of approval in principle by Regulatory Authority
   117.    Copy of amended approval in principle to be provided
   118.    Transfer of approval in principle
   119.    Transfer of approval in principle by Regulatory Authority

           Division 5--Cancellation of approval in principle

   120.    Regulatory Authority may cancel approval in principle
   121.    Show cause notice before cancellation
   122.    Decision in relation to cancellation

           Division 6--Expiry of approval in principle

   123.    Expiry of approval in principle
   124.    Approval in principle may be extended
   125.    Expired approval in principle may be reinstated
           126-132. (Repealed)

   PART 5 - ASSESSMENTS AND RATINGS

           Division 1 - Assessment and rating

   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

           Division 2 - Reassessment and re-rating

   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

           Division 3 - Review by Regulatory Authority

   141.    Review by Regulatory Authority
   142.    Process for review
   143.    Outcome of review by Regulatory Authority

           Division 4 - Review by Ratings Review Panel

              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

           Division 5 - Awarding of highest rating

   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

           Division 6 - Publication of rating levels

   160.    Publication of ratings

   PART 6 - OPERATING AN EDUCATION AND CARE SERVICE

   161.    Offence to operate education and care service without nominated supervisor
   161A.   Offence for nominated supervisor not to meet prescribed minimum requirements
   162.    Offence to operate education and care service unless responsible person is present
   162A.   Child protection training
   163.    Offence relating to appointment or engagement of family day care co-ordinators
   164.    Offence relating to assistance to family day care educators
   164A.   Offence relating to the education and care of children by family day care service
   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
   174A.   Family day care educator to notify certain information to approved provider
   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

   179A.   Enforceable undertakings
   179B.   Certain actions prohibited while undertaking is in force
   180.    Certain actions prohibited if undertaking is complied with
   181.    Failure to comply with enforceable undertakings

           Division 3 - Prohibition notices

   182.    Grounds for giving prohibition notice
   183.    Show cause notice to be given before prohibition notice
   184.    Deciding whether to give 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
   188A.   False or misleading information about prohibition notice

           Division 4 - Emergency removal of children

   189.    Emergency removal of children

   PART 8 - REVIEW

           Division 1 - Internal review

   190.    Reviewable decision--internal review
   191.    Internal review of reviewable decisions

           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

   195.    Authorisation of authorised officers
   196.    Identity card

           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
   200A.   Entry to premises without search warrant
   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

   260.    Functions of Regulatory Authority
   261.    Powers of Regulatory Authority
   262.    Delegations

   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.    (Repealed)
   269.    Register of family day care educators, co ordinators and assistants

           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

   279.    Annual report
   280.    Tabling and publication of annual report
   281.    Other 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

   293.    Service of notices
   294.    Service by post

           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

           Division 4 - General

   322.    Information retention and sharing
   323.    Approved learning framework
   324.    Savings and transitional regulations

           Division 5 - Transitional provisions--Education and Care Services National Law Amendment Act 2017

   325.    Definitions
   326.    Approved family day care venues
   327.    Declared approved family day care venues continue to be approved
   328.    Service approval condition requiring sufficient family day care co-ordinators
   329.    Service approval condition requiring minimum number of family day care co ordinators
   330.    Publication of information about certified supervisors
   331.    Evidentiary certificates

           Division 6 - Further transitional provisions--Education and Care Services National Law Amendment Act 2017

   332.    Definitions
   333.    Partial assessment and re-rating
   334.    Application for highest rating level made before commencement day
   335.    Highest rating level awarded before, or on application made before, commencement day

           Division 7 - Transitional provisions--Early Childhood Legislation Amendment Act 2022

   336.    Transitional provision--notification of persons with management or control of an education and care service
   337.    Transitional provision--assessment of provider approval applications
   338.    Transitional provision--service waivers
   339.    Transitional provision--temporary waivers

           Division 8 - Transitional provisions--Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023

   340.    Transitional provision--approvals in principle--applications for service approval
           SCHEDULE 1
           SCHEDULE 2