12—Exclusion of legislation of this jurisdiction
(1) Subject to
subsections (2) and (3), the following Acts do not apply to the Education
and Care Services National Law (South Australia) or the national regulations:
(a) the
Acts Interpretation Act 1915 ;
(b) the
Legislative Instruments Act 1978 .
(2) To avoid doubt,
the Legislative Instruments Act 1978 applies to a regulation made under
section 11.
(3) In connection with
the operation of section 303 of the Education and Care Services National
Law (South Australia) —
(a) the
Minister must, after a regulation made under that Law is tabled in each House
of Parliament, forward a copy of the regulation to the Legislative Review
Committee of the Parliament for inquiry and report; and
(b) if a
regulation is disallowed under that section, the disallowance will have effect
in this State despite any provision in the Education and Care Services
National Law .
(4) The following Acts
do not apply to the Education and Care Services National Law (South Australia)
or the national regulations except to the extent that that Law or those
instruments apply to the Regulatory Authority, or to the employees, decisions,
actions and records of the Regulatory Authority:
(a) the
Ombudsman Act 1972 ;
(b) the
Public Finance and Audit Act 1987 ;
(c) the
Public Sector Act 2009 ;
(d) the
Public Sector (Honesty and Accountability) Act 1995 ;
(e) the
State Records Act 1997 .
(5) The
Freedom of Information Act 1991 does not apply in relation to the
National Quality Framework.
(6) In this
section—
"National Quality Framework", "national
regulations" and " Regulatory Authority" have the same meanings as in the
Education and Care Services National Law (South Australia) .