1 Short title
2 Commencement
3 Objectives and guiding principles
4 How functions to be exercised
5 Definitions
6 Interpretation generally
7 Single national entity
8 Extraterritorial operation of Law
9 Law binds the State
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
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
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
50 Notice of decision on application
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
56 Notice of change to nominated supervisor
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
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 7 days before transfer
67 Transfer of service approval without consent is void
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
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
103 Offence to provide an education and care service without service approval
104 Offence to advertise education and care service without service approval
Part 4 Supervisor certificates
Division 1 Application for supervisor certificate
105 Purpose of supervisor certificate
106 Application for supervisor certificate
107 Form of application
108 Applicant must satisfy Regulatory Authority of specified matters
109 Matters to be taken into account in assessing whether fit and proper person
110 Regulatory Authority may seek further information
111 Grant or refusal of supervisor certificate
112 Grounds for refusal
113 Notice of decision on application
114 Grant of supervisor certificate to specified classes of persons
115 Conditions on certificate
116 Issue of certificate
117 Effect of supervisor certificate
118 Reassessment of suitability
Division 3 Amendment of supervisor certificate
119 Amendment of supervisor certificate on application
120 Amendment of supervisor certificate by Regulatory Authority
121 Notice of change of circumstances
122 Notice of change of information
Division 4 Suspension or cancellation of supervisor certificate
123 Grounds for suspension or cancellation of supervisor certificate
124 Show cause notice before suspension or cancellation
125 Decision in relation to suspension or cancellation
126 Suspension of supervisor certificate without show cause notice
127 Notice and taking effect of suspension or cancellation
128 Suspension or cancellation of certain supervisor certificates
129 Voluntary suspension of supervisor certificate
130 Surrender of a supervisor certificate by certified supervisor
Division 5 Exercise of powers by another Regulatory Authority
131 Exercise of powers by another Regulatory Authority
132 Offence to act as supervisor without supervisor certificate
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
162 Offence to operate education and care service unless responsible person is present
163 Offence relating to appointment or engagement of family day care co-ordinators
164 Offence relating to assistance to family day care educators
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
175 Offence relating to requirement to keep enrolment and other documents
Part 7 Compliance with this Law
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
180 Enforceable undertakings
181 Failure to comply with enforceable undertakings
Division 3 Prohibition notices
182 Grounds for issuing prohibition notice
183 Show cause notice to be given before prohibition notice
184 Deciding whether to issue 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
Division 4 Emergency removal of children
189 Emergency removal of children
190 Reviewable decision—internal review
191 Internal review of reviewable decisions
192 Reviewable decision—external review
193 Application for review of decision of the Regulatory Authority
194 Relationship with Act establishing administrative body
Part 9 Monitoring and enforcement
Division 1 Authorised officers
195 Authorisation of authorised officers
196 Identity card
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
201 Entry to premises with search warrant
202 Seized items
203 Court may extend period
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
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
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
260 Functions of Regulatory Authority
261 Powers of Regulatory Authority
262 Delegations
Part 13 Information, records and 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
266 Register of approved providers
267 Register of education and care services
268 Register of certified supervisors
269 Register of family day care educators
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
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
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
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
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
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
319 First meeting of National Authority
320 First chief executive officer of National Authority
321 First annual report of National Authority
322 Information retention and sharing
323 Approved learning framework
324 Savings and transitional regulations
Schedule 1 Miscellaneous provision relating to interpretation