Queensland Consolidated Regulations

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 383

383 Saving provision—education and care services provided by a school

(1) Subject to subregulation (4), this regulation applies to a declared approved service or a declared out of scope service that is a pre-kindergarten programme or kindergarten programme that was operating immediately before the scheme commencement day.

(2) Regulations 107, 108 and 115 do not apply to the service.

(3) For the purpose of a rating assessment under Part 5 of the Law, the service is taken to comply with regulations 107, 108 and 115.

(4) This regulation ceases to apply if—

(a) the service approval is transferred to an approved provider that is not a school; or

(b) the service ceases to be provided by a school on a school site.

Note—

See also Division 7 of Part 7.1 .

Note 2—

The Education and Care Services National Regulations 2012 of Western Australia include the following regulations 384 and 385—

“384 Monetary orders under former education and care services law

(1) If, immediately before the scheme commencement day, a declared approved provider has not paid a monetary order made under, or in relation to proceedings commenced under an allegation made in respect of that person under, section 29 of the Child Care Services Act 2007 of Western Australia then, on and after the scheme commencement day, the order is taken to be a monetary order referred to in sections 25 (1) (g) (i) and 70 (1) (i) of the Law as applying in Western Australia.

(2) In subregulation (1)—

"monetary order" has the meaning given in the State Administrative Tribunal Act 2004 section 3 (1) .

385 Proceedings under former education and care services law The Regulatory Authority may commence or continue proceedings under section 29 of the Child Care Services Act 2007 of Western Australia in relation to a person who held a licence under that Act in relation to a service that is taken to be an education and care service.”.