Contents (2011 - 70)
1 Name of Act
2 Commencement
3 Definitions
4 Meaning of “State regulated education and care service”
5 Exempt premises
6 Principles underlying the provision of State regulated education and care services
7 Role of principles
Part 3 State regulated education and care services
Division 1 Operation of State regulated education and care services
8 Unauthorised provision of education and care service
9 Advertising of unauthorised education and care service
10 Nomination of supervisor
11 Provider approvals
12 Contravention of provider approval
13 Service approvals
14 Contravention of service approval
Division 4 Supervisor certificates
15 Supervisor certificates
16 Contravention of supervisor certificate
Division 1 Alignment with National Law
17 Alignment with National Law
18 Application of Children (Education and Care Services National Law Application) Act 2010
19 Application of Interpretation Act 1987
20 Extension does not affect operation of National Law in respect of nationally regulated education and care services
Division 2 Modification of National Law
21 Excluded provisions
22 References to education and care services
23 References to National Law
24 References to Regulatory Authority
25 References to regulations
26 References to matters that relate to national scheme only
27 Specific variations—home based education and care services
28 Reviewable decisions
29 Further modifications
Division 3 Recognition of matters provided for by National Law
30 Approved providers
31 Authorised officers
Part 5 Other operational requirements
32 Information to be provided to parents
33 Parental contact with children
34 Home based education and care services—adult residents
35 Records
36 Regulations
37 Adoption of other publications
38 Application of State Records Act 1998 to certain services
39 Review of Act
Schedule 1 Savings, transitional and other provisions
Editorial note National Law Alignment Provisions
Editorial note
5 Definitions
6 Interpretation generally
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
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 7 Exercise of powers by another Regulatory Authority
Division 8 Associated children’s services
Part 4 Supervisor certificates
Division 1 Application for 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
Part 6 Operating an education and care service
171 Offence relating to direction to exclude inappropriate persons from education and care service premises
Part 7 Compliance with this Law
176 Compliance directions
177 Compliance notices
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
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
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
262 Delegations
Part 13 Information, records and privacy
267 Register of education and care services
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
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
Schedule 1 Miscellaneous provision relating to interpretation