New South Wales Consolidated Regulations

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EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 223

Miscellaneous modifications

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.



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