Early Childhood Legislation Amendment Act 2022 (Vic)

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Early Childhood Legislation Amendment Act 2022

No. 43 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Education and Care Services National Law Act 2010 relating to Child Safe Standards

3Definitions

4New Part 2A inserted

5New section 18 inserted

6New section 20 inserted

Part 3—Amendment of the Children's Services Act 1996 relating to Child Safe Standards

7Definitions

8Conditions on service approval

9Functions of Regulatory Authority

10New Part 8 inserted

Part 4—Amendment of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021

11Definitions

12New Division 2A of Part 6 inserted

13Schedule 1 substituted

14Statute law revision amendments

Part 5—Amendment of the Schedule to the Education and Care Services National Law Act 2010

15Definitions

16New section 5A inserted

17Regulatory Authority may seek further information

18Grant or refusal of provider approval

19Grounds for suspension of provider approval

20Grounds for cancellation of provider approval

21Condition relating to family day care co-ordinators

22Regulatory Authority to be notified of transfer

23New section 59A inserted

24Regulatory Authority to notify outcome 7 days before transfer

25New section 67A inserted

26Notice to parents

27Application for service waiver for service

28Section 90 substituted

29Decision on application

30Section 93 substituted

31Section 94 substituted

32Decision on application

33Section 100 substituted

34Decision on application

35Section 162A substituted

36Offence to fail to display prescribed information

37Register of family day care educators, co-ordinators and assistants

38New Division 7 of Part 15 inserted

Part 6—Other amendments to the Children's Services Act 1996

39Definitions

40New section 3A inserted

41Regulatory Authority may seek further information

42Grant or refusal of provider approval

43Grounds for suspension of provider approval

44Grounds for cancellation of provider approval

45Regulatory Authority to be notified of transfer

46New section 59A inserted

47Regulatory Authority to notify outcome 7 days before transfer

48New section 67A inserted

49Notice to parents

50Section 88 substituted

51New sections 211 and 212 inserted

Part 7—Amendment of maximum penalties in the Schedule to the Education and Care Services National Law Act 2010

52Conditions on provider approval

53Notice to parents of suspension or cancellation

54Conditions on service approval

55Confirmation of transfer

56Notice to parents

57Notice to parents of suspension or cancellation

58Offence to provide an education and care service without service approval

59Offence relating to places where education and care is provided as part of a family day care service

60Offence to advertise education and care service without service approval

61Offence to operate education and care service without nominated supervisor

62Offence for nominated supervisor not to meet prescribed minimum requirements

63Offence to operate education and care service unless responsible person is present

64Offence relating to appointment or engagement of family day care co-ordinators

65Offence relating to assistance to family day care educators

66Offence relating to the education and care of children by family day care service

67Offence to inadequately supervise children

68Offence to use inappropriate discipline

69Offence relating to protection of children from harm and hazards

70Offence relating to required programs

71Offence relating to staffing arrangements

72Offence relating to unauthorised persons on education and care service premises

73Offence relating to direction to exclude inappropriate persons from education and care service premises

74Offence to fail to display prescribed information

75Offence to fail to notify certain circumstances to Regulatory Authority

76Offence to fail to notify certain information to Regulatory Authority

77Family day care educator to notify certain information to approved provider

78Offence relating to requirement to keep enrolment and other documents

79Compliance directions

80Compliance notices

81Notice to suspend education and care by a family day care educator

82Emergency action notices

83Person must not contravene prohibition notice

84Offence to engage person to whom prohibition notice applies

85False or misleading information about prohibition notice

86Identity card

87Offence to obstruct authorised officer

88Offence to fail to assist authorised officer

89Offence to destroy or damage notices or documents

90Offence to impersonate authorised officer

91Offence to fail to comply with notice or requirement

92Offence to hinder or obstruct Regulatory Authority

93Register of family day care educators, co-ordinators and assistants

94Duty of confidentiality

95False or misleading information or documents

96Protection from reprisal

97National regulations

98Information retention and sharing

Part 8—Repeal of section 15 of the Education and Care Services National Law Act 2010

99Section 15 repealed

Part 9—Amendment of the Child Wellbeing and Safety Act 2005

100Sections 46ZAA and 46ZAB substituted

101Maternal and child health nurse regulation making power

Part 10—Repeal of this Act

102Repeal of this Act

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Endnotes

1      General information

Early Childhood Legislation Amendment Act 2022

No. 43 of 2022

[Assented to 27 September 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Education and Care Services National Law Act 2010, the Children's Services Act 1996 and the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021 to make provision in relation to the Regulatory Authority as the integrated sector regulator for education and care services and children's services; and

(b)to amend the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010—

(i)to expand the meaning of a person with management or control of an education and care service; and

(ii)to clarify that a Regulatory Authority may administer tests or questions for the purposes of assessing a person's fitness and propriety; and

(iii)to provide for suspension or cancellation of a provider approval in certain circumstances where the provider approval has been cancelled or refused under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; and

(iv)to remove service waivers and temporary waivers in relation to compliance with an element of the National Quality Standard; and

(v)to change the notification process for transfer of a service approval; and

(vi)to clarify requirements for display of information in relation to family day care services; and

(vii)to make changes to the condition requiring employment or engagement of a minimum number of family day care co-ordinators; and

(viii)t o extend the duration of the highest rating for an education and care service; and

(ix)to extend the requirement under the Education and Care Services National Law for child protection training to family day care co-ordinators; and

(x)to increase the maximum penalties for various offences against the Education and Care Services National Law; and

(xi)to make other minor amendments to improve the operation of the Education and Care Services National Law; and

(c)to amend the Children's Services Act 1996—

(i)to expand the meaning of a person with management or control of a children's service; and

(ii)to clarify that a Regulatory Authority may administer tests or questions for the purposes of assessing a person's fitness and propriety; and

(iii)to provide for suspension or cancellation of a provider approval in certain circumstances where the provider approval has been cancelled or refused under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; and

(iv)to change the notification process for transfer of a service approval; and

(d)to amend the Education and Care Services National Law Act 2010 to remove the requirement for tabling of the annual report of the National Authority; and

(e)to amend the Child Wellbeing and Safety Act 2005—

(i)in relation to the provision of maternal and child health nursing services; and

(ii)to provide further maternal and child health nurse regulation making powers.

2Commencement

(1)This Part and Parts 4, 8 and 9 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Parts 2 and 3 come into operation on 1 January 2023.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision of this Act does not come into operation before 1 October 2023, it comes into operation on that day.

Part 2—Amendment of Education and Care Services National Law Act 2010 relating to Child Safe Standards

3Definitions

In section 3(2) of the Education and Care Services National Law Act 2010 insert the following definition—

"Child Safe Standards condition, in relation to a service approval granted in this jurisdiction, means the condition to which the service approval is subject pursuant to section 16C(1);".

4New Part 2A inserted

After Part 2 of the Education and Care Services National Law Act 2010 insert—

'Part 2A—Compliance with Child Safe Standards

16ADefinitions

In this Part—

Child Safe Standards has the same meaning as in the Child Wellbeing and Safety Act 2005;

Commission for Children and Young People means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;

integrated sector regulator has the same meaning as in the Child Wellbeing and Safety Act 2005;

relevant entity means an approved provider of an approved education and care service located in this jurisdiction;

sector regulator has the same meaning as in the Child Wellbeing and Safety Act 2005.

16BFunctions of the Regulatory Authority as integrated sector regulator

(1)The Regulatory Authority, as an integrated sector regulator, has the following functions in this jurisdiction—

(a)in relation to a relevant entity—

(i)to provide education, information and advice on the Child Safe Standards to promote consistency in child safety outcomes; and

(ii)to collect, analyse and publish information and data regarding compliance with the Child Safe Standards by relevant entities; and

(iii)to promote continuous improvement by relevant entities in relation to the safety of children, the prevention of child abuse and the proper response to allegations of child abuse;

(b)to collaborate with persons and bodies in relation to the safety of children and compliance with the Child Safe Standards;

(c)to work collaboratively with the Commission for Children and Young People, sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards.

(2)Without limiting subsection (1)(b), the Regulatory Authority may collaborate with persons and bodies with functions or powers under a law of another State, a Territory or the Commonwealth relating to the monitoring or enforcement of compliance with standards (however described) that correspond to the Child Safe Standards.

(3)The Regulatory Authority may—

(a)give information to persons and bodies in relation to the safety of children and compliance with the Child Safe Standards; and

(b)give information to persons and bodies with functions or powers under a law of another State, a Territory or the Commonwealth relating to the monitoring or enforcement of compliance with standards (however described) that correspond to the Child Safe Standards; and

(c)give information and data mentioned in subsection (1)(a)(ii) to the Commission for Children and Young People.

(4)In carrying out its functions under subsection (1) or doing any thing referred to in subsection (3) in respect of a relevant entity, the Regulatory Authority must consider the most effective means of promoting compliance by the relevant entity with the Child Safe Standards.

16CModification of Education and Care Services National Law (Victoria)—Child Safe Standards condition

(1)The Education and Care Services National Law (Victoria) applies as a law of this jurisdiction as if before section 51(5) of that Law there were inserted—

"(4C)A service approval granted in this jurisdiction is subject to the condition that the approved provider must ensure that the education and care service is operated in a way that complies with the Child Safe Standards.".

Note

The Regulatory Authority may perform its functions under section 260 of the Education and Care Services National Law (Victoria) in relation to whether there has been compliance with the condition imposed on a service approval pursuant to subsection (1).

(2)For the purposes of subsection (1), a reference in the Education and Care Services National Law (Victoria) to a condition of a service approval granted in this jurisdiction is to be read as if it includes a reference to the Child Safe Standards condition.

16DModification of Education and Care Services National Law (Victoria)—enforcement by Regulatory Authority of Child Safe Standards condition

The Education and Care Services National Law (Victoria) applies as a law of this jurisdiction as if after section 260 of that Law there were inserted—

"260A  Regulatory Authority's enforcement and compliance function in relation to Child Safe Standards condition

(1)In carrying out its function under section 260(c) in relation to an approved provider that is granted a service approval in this jurisdiction that is subject to the Child Safe Standards condition, the Regulatory Authority must consider the most effective means of promoting compliance by the approved provider with the Child Safe Standards condition.

(2)In this section—

Child Safe Standards condition means the condition subject to which a service approval is granted in this jurisdiction pursuant to section 16C(1) of the Education and Care Services National Law Act 2010.".

16EModification of Education and Care Services National Law (Victoria)—function of the National Authority with respect to support and training of Regulatory Authority staff

The Education and Care Services National Law (Victoria) applies as a law of this jurisdiction as if after section 225(1)(o) of that Law there were inserted—

"(oa)in relation to staff of the Regulatory Authority, to provide support and training other than in relation to monitoring and enforcing compliance with the Child Safe Standards condition, meaning the condition subject to which a service approval is granted in this jurisdiction pursuant to section 16C(1) of the Education and Care Services National Law Act 2010;".

16FModification of Education and Care Services National Law (Victoria)—references to the Law and its application to the Child Safe Standards condition

(1)Subject to subsection (3), a reference in the Education and Care Services National Law (Victoria) to "this Law", or the Law as it applies in a participating jurisdiction, includes a reference to the Education and Care Services National Law (Victoria) as modified under section 16C(1).

(2)Subject to subsection (4), a reference in the Education and Care Services National Law (Victoria) to the National Quality Framework includes a reference to the Education and Care Services National Law (Victoria) as modified under section 16C(1).

Note

The National Quality Framework includes the Education and Care Services National Law (Victoria). See definition of national education and care services quality framework in section 5(1) of the Education and Care Services National Law (Victoria).

(3)A reference in the following provisions of the Education and Care Services National Law (Victoria) to "this Law" does not include a reference to the Education and Care Services National Law (Victoria) as modified by subsection (1)—

(a)section 135;

(b)section 150;

(c)section 220;

(d)section 221;

(e)section 222;

(f)section 223;

(g)section 225(1)(n);

(h)section 226;

(i)section 231;

(j)section 249;

(k)section 282.

(4)A reference in the following provisions of the Education and Care Services National Law (Victoria) to the National Quality Framework does not include a reference to the Education and Care Services National Law (Victoria) as modified by subsection (2)—

(a)section 220;

(b)section 222;

(c)section 225(1)(b), (k), (l)(ii) and (m);

(d)section 227(2)(b);

(e)section 231;

(f)section 249.'.

5New section 18 inserted

After section 17 of the Education and Care Services National Law Act 2010 insert—

'18   Regulations modifying references to the Law and National Quality Framework in national regulations in relation to Child Safe Standards condition

(1)The Governor in Council may make regulations for or with respect to—

(a)the modification of references to the "Law" or the "National Quality Framework" in the national regulations in relation to the Child Safe Standards condition;

(b)the application of the national regulations as a law of this jurisdiction subject to modifications referred to in paragraph (a).

(2)The regulations may—

(a)be of general or limited application;

(b)differ according to differences in time, place or circumstances.'.

6New section 20 inserted

After section 19 of the Education and Care Services National Law Act 2010 insert—

"20   Transitional provision—Early Childhood Legislation Amendment Act 2022

On and after the commencement of section 4 of the Early Childhood Legislation Amendment Act 2022, the following service approvals are subject to the Child Safe Standards condition—

(a)a service approval granted in this jurisdiction that is in force immediately before the commencement of that section 4;

(b)a service approval granted in this jurisdiction that is suspended under section 72 or 85 of the Education and Care Services National Law (Victoria) immediately before the commencement of that section 4.".


Part 3—Amendment of the Children's Services Act 1996 relating to Child Safe Standards

7Definitions

In section 3(1) of the Children's Services Act 1996 insert the following definitions—

"Child Safe Standards has the same meaning as in the Child Wellbeing and Safety Act 2005;

Commission for Children and Young People means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;

integrated sector regulator has the same meaning as in the Child Wellbeing and Safety Act 2005;

relevant entity means an approved provider of an approved children's service;

sector regulator has the same meaning as in the Child Wellbeing and Safety Act 2005;".

8Conditions on service approval

After section 50(2) of the Children's Services Act 1996 insert—

"(2A)A service approval is subject to the condition that the approved provider must ensure that the children's service to which the approval applies is operated in a way that complies with the Child Safe Standards.".

9Functions of Regulatory Authority

(1)After section 160(d) of the Children's Services Act 1996 insert—

"(da)in relation to a relevant entity—

(i)to provide education, information and advice on the Child Safe Standards to promote consistency in child safety outcomes; and

(ii)to collect, analyse and publish information and data regarding compliance with the Child Safe Standards by relevant entities and provide that information and data to the Commission for Children and Young People as required; and

(iii)to promote continuous improvement by relevant entities in relation to the safety of children, the prevention of child abuse and the proper response to allegations of child abuse;

(db)to exchange information and collaborate with persons and bodies in relation to the safety of children and compliance with the Child Safe Standards;

(dc)to work collaboratively with the Commission for Children and Young People, sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards;".

(2)At the end of section 160 of the Children's Services Act 1996 insert—

"(2)In carrying out its functions under subsection (1)(b), (da), (db) and (dc) in respect of a relevant entity, the Regulatory Authority must consider the most effective means of promoting compliance by the relevant entity with the Child Safe Standards.

(3)Without limiting subsection (1)(db), the Regulatory Authority may exchange information and collaborate with persons and bodies with functions or powers under a law of another State, a Territory or the Commonwealth relating to the monitoring or enforcement of compliance with standards (however described) that correspond to the Child Safe Standards.".

10New Part 8 inserted

After Part 7 of the Children's Services Act 1996 insert—

'Part 8—Transitional provisions—Early Childhood Legislation Amendment Act 2022

210Service approvals subject to the Child Safe Standards condition

(1)On and after the commencement of section 8 of the Early Childhood Legislation Amendment Act 2022, the following service approvals are subject to the Child Safe Standards condition—

(a)a service approval that is in force immediately before the commencement of that section 8;

(b)a service approval that is suspended under section 72 or 83 immediately before the commencement of that section 8.

(2)In this section—

Child Safe Standards condition

means the condition to which the service approval is subject under section 50(2A).".


Part 4—Amendment of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021

11Definitions

After section 5(2) of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021 insert—

'(2A)In section 3(1) of the Principal Act insert the following definition—

"Regulatory Authority—

(a)in relation to a relevant entity referred to in item 9 of Schedule 1, means the Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria); and

Note

Section 8 of the Education and Care Services National Law Act 2010 defines the Regulatory Authority for the purposes of the Education and Care Services National Law (Victoria).

(b)in relation to a relevant entity referred to in item 10 of Schedule 1, has the same meaning as in section 3(1) of the Children's Services Act 1996;".'.

12New Division 2A of Part 6 inserted

In section 16 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021—

(a)after proposed section 25F(1)(a) of the Child Wellbeing and Safety Act 2005 insert—

"(ab)in relation to a relevant entity referred to in item 9 or 10 of Schedule 1, the Regulatory Authority; or";

(b)in proposed section 25F(2) of the Child Wellbeing and Safety Act 2005, after "VRQA" insert "or the Regulatory Authority".

13Schedule 1 substituted

In section 17 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, in item 9 of proposed Schedule 1 to the Child Wellbeing and Safety Act 2005, after "(Victoria)" insert "located in Victoria".

14Statute law revision amendments

(1)In the heading to section 77 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act2021, for "46ZD" substitute "46ZE".

(2)In section 77 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, for "After section 46ZC" substitute "After section 46ZD".

(3)In section 77 of the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, in the heading to proposed section 46ZD of the Child Wellbeing and Safety Act 2005, for "46ZD" substitute "46ZE".

Part 5—Amendment of the Schedule to the Education and Care Services National Law Act 2010

15Definitions

In section 5(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010, for the definition of person with management or control substitute—

"person with management or control means a person referred to in section 5A;".

16New section 5A inserted

After section 5 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 insert—

5AMeaning of person with management or control "

For the purposes of this Law, each of the following persons is a person with management or control of an education and care service—

(a)if the provider or intended provider of the service is a body corporate—

(i)an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and

(ii)any other person who—

(A)is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(B)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;

(b)if the provider or intended provider of the service is an eligible association—

(i)each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and

(ii)any other person who—

(A)is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(B)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;

(c)if the provider or intended provider of the service is a partnership—

(i)each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and

(ii)any other person who—

(A)is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(B)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;

(d)in any other case, any person who—

(i)is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(ii)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.".

17Regulatory Authority may seek further information

(1)In section 14(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010—

(a)in paragraph (a), for "information" substitute "information, including for the purposes of assessing the person's knowledge of the National Quality Framework";

(b)in paragraph (b), for "person." substitute "person; and";

(c)after paragraph (b) insert—

"(c)by written notification, require the person to undergo an oral or written assessment of the person's knowledge of the National Quality Framework.".

(2)After section 14(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 insert—

"(3)If the Regulatory Authority requires the applicant to undergo an assessment under this section, the period from the giving of the notification until the conduct of the assessment is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.".

18Grant or refusal of provider approval

For the note at the foot of section 15(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Notes

1.    If further information is requested under section 14(1)(a), the period between the making of the request and the provision of the information is not included in the 60 day period.

2.    If an assessment is required under section 14(1)(c), the period between the giving of the notification and the conduct of the assessment is not included in the 60 day period.".

19Grounds for suspension of provider approval

In section 25 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010—

(a)in paragraph (g), for "fees." substitute "fees; or";

(b)after paragraph (g) insert—

"(h)under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or

Note

It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(i)the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.

Note

The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.".

20Grounds for cancellation of provider approval

In section 31 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010—

(a)in paragraph (f), for "suspension)." substitute "suspension); or";

(b)after paragraph (f) insert—

"(g)under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or

Note

It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(h)the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.

Note

The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.".

21Condition relating to family day care co-ordinators

(1)In section 55A(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010, for "each 15 family day care educators" substitute "every 15 family day care educators (or part of that number)".

(2)At the foot of section 55A(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 insert—

"Example

If between 1 and 15 family day care educators are engaged by or registered with the family day care service, at least one qualified person must be employed or engaged by the approved provider as a family day care co-ordinator.

If between 16 and 30 family day care educators are engaged by or registered with the family day care service, at least 2 qualified persons must be employed or engaged by the approved provider as a family day care co-ordinator.".

22Regulatory Authority to be notified of transfer

(1)In section 59(1)(a) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010, for "42 days" substitute "60 days".

(2)After section 59(2)(a) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 insert—

"(ab)specify the date on which the transfer is intended to take effect; and".

23New section 59A inserted

After section 59 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 insert—

59AFurther notification required in case of delay to transfer date"

(1)If, after giving a notification under section 59, the transfer is to be delayed, the transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority as soon as practicable of the new date that the transfer is intended to take effect.

(2)A notification under subsection (1) does not affect consent to the transfer given or taken to have been given by the Regulatory Authority before it received that notification.".

24Regulatory Authority to notify outcome 7 days before transfer

(1)In the heading to section 66 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010, for "7 days" substitute "10 days".

(2)In section 66(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010, for "7 days" substitute "10 days".

25New section 67A inserted

After section 67 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 insert—

"67ARequest for earlier transfer date after consent given to transfer

(1)This section applies if the Regulatory Authority has consented to or is taken to have consented to the transfer of a service approval.

(2)The transferring approved provider and the receiving approved provider may request the transfer take effect on an earlier date than specified in the notification under section 59 or 59A.

(3)The Regulatory Authority may agree to the requested earlier date if the Regulatory Authority considers that exceptional circumstances exist.".

26Notice to parents

In section 69(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010, for "2 days" substitute "7 days".

27Application for service waiver for service

For section 87(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"(1)An approved provider may apply to the Regulatory Authority for a waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section.

(1A)Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.".

28Section 90 substituted

For section 90 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

90Matters to be considered"

In considering whether the grant of a service waiver is appropriate, the Regulatory Authority may have regard to—

(a)any matters disclosed in the application; and

(b)any other matter the Regulatory Authority thinks fit.".

29Decision on application

For section 91(6)(a) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"(a)the national regulations that have been waived; and".

30Section 93 substituted

For section 93 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

93Effect of service waiver"

While a service waiver is in force, the approved education and care service is taken to comply with the national regulations specified in the service waiver.".

31Section 94 substituted

For section 94 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

94Application for temporary waiver"

(1)An approved provider may apply to the Regulatory Authority for a temporary waiver of a requirement that an approved education and care service comply with one or more of the national regulations prescribed for the purposes of this section.

(2)Regulations for the purposes of subsection (1) must not prescribe the National Quality Standard or any element of the National Quality Standard.".

32Decision on application

For section 98(7)(a) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"(a)the national regulations that have been temporarily waived; and".

33Section 100 substituted

For section 100 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

100Effect of temporary waiver"

While a temporary waiver is in force, the approved education and care service is not required to comply with the national regulations that have been temporarily waived.".

34Decision on application

In section 155(5) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010, for "3 years" substitute "5 years".

35Section 162A substituted

For section 162A of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

162AChild protection training"

The approved provider of an education and care service must ensure that each of the following persons have completed the child protection training (if any) required by or under the law of this jurisdiction, by government protocol applying to the approved provider in this jurisdiction or as otherwise required in this jurisdiction—

(a)each nominated supervisor for the service;

(b)each person in day-to-day charge of the service;

(c)each family day care co-ordinator employed or engaged by the service.".

36Offence to fail to display prescribed information

(1)In section 172 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010—

(a)after "service" (where first occurring) insert "(other than a family day care service)";

(b)for "positioned" substitute "displayed, in the prescribed form (if any),".

(2)At the end of section 172 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 insert—

"(2)An approved provider of a family day care service must ensure that the prescribed information about the following is displayed at the education and care service premises of the family day care service in accordance with the national regulations—

(a)the provider approval;

(b)the service approval;

(c)each nominated supervisor of the service;

(d)the rating of the service;

(e)any service waivers or temporary waivers held by the service;

(f)any other prescribed matters.

Penalty:$3400, in the case of an individual.

$17 200, in any other case.".

37Register of family day care educators, co-ordinators and assistants

After section 269(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 insert—

"(4)The approved provider must keep the register in accordance with the prescribed requirements (if any).

Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

38New Division 7 of Part 15 inserted

After Division 6 of Part 15 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 insert—

"Division 7—Transitional provisions—Early Childhood Legislation Amendment Act 2022

336Transitional provision—notification of persons with management or control of an education and care service

(1)For the purposes of section 173(1)(b), a person who is a person with management or control on the commencement day is taken to be appointed as a person with management or control on that day.

(2)Subsection (1) does not apply to a person who, immediately before the commencement day, was a person with management or control within the meaning of this Law as in force immediately before the commencement day.

(3)In this section—

commencement day, in relation to a participating jurisdiction, means the day on which section 16 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.

337Transitional provision—assessment of provider approval applications

(1)Section 14, as amended by section 17 of the Early Childhood Legislation Amendment Act 2022, applies in relation to—

(a)an application for a provider approval that was made but had not been determined before the commencement day; and

(b)a reassessment that had commenced but had not yet been completed before the commencement day.

(2)In this section—

commencement day, in relation to a participating jurisdiction, means the day on which section 17 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.

338Transitional provision—service waivers

(1)Despite the commencement of section 27 of the Early Childhood Legislation Amendment Act 2022—

(a)this Law as in force immediately before the commencement day continues to apply in respect of a service waiver that was in force immediately before the commencement day; and

(b)the service waiver continues in force on and after the commencement day until it is revoked by the Regulatory Authority.

(2)In this section—

commencement day, in relation to a participating jurisdiction, means the day on which section 27 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.

339Transitional provision—temporary waivers

(1)Despite the commencement of section 31 of the Early Childhood Legislation Amendment Act 2022—

(a)this Law as in force immediately before the commencement day continues to apply in respect of a temporary waiver that was in force immediately before the commencement day; and

(b)the temporary waiver continues in force on and after the commencement day until the earliest of the following—

(i)the temporary waiver expires;

(ii)the temporary waiver is revoked by the Regulatory Authority.

(2)In this section—

commencement day, in relation to a participating jurisdiction, means the day on which section 31 of the Early Childhood Legislation Amendment Act 2022 comes into operation in that jurisdiction.".

Part 6—Other amendments to the Children's Services Act 1996

39Definitions

In section 3(1) of the Children's Services Act 1996, for the definition of person with management or control substitute—

"person with management or control means a person referred to in section 3A;".

40New section 3A inserted

After section 3 of the Children's Services Act 1996 insert—

3AMeaning of person with management or control"

For the purposes of this Act, each of the following persons is a person with management or control of a children's service—

(a)if the provider or intended provider of the service is a body corporate—

(i)an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service; and

(ii)any other person who—

(A)is a member of the group of persons responsible for the executive decisions made in relation to the children's service; or

(B)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service;

(b)if the provider or intended provider of the service is an eligible association—

(i)each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service; and

(ii)any other person who—

(A)is a member of the group of persons responsible for the executive decisions made in relation to the children's service; or

(B)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service;

(c)if the provider or intended provider of the service is a partnership—

(i)each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service; and

(ii)any other person who—

(A)is a member of the group of persons responsible for the executive decisions made in relation to the children's service; or

(B)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service;

(d)in any other case, any person who—

(i)is a member of the group of persons responsible for the executive decisions made in relation to the children's service; or

(ii)has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the children's service.".

41Regulatory Authority may seek further information

(1)In section 14(1) of the Children's Services Act 1996—

(a)in paragraph (a), for "information" substitute "information, including for the purposes of assessing the person's knowledge of this Act and the regulations";

(b)in paragraph (b), for "person." substitute "person; and";

(c)after paragraph (b) insert—

"(c)by written notification, require the person to undergo an oral or written assessment of the person's knowledge of this Act and the regulations.".

(2)After section 14(2) of the Children's Services Act 1996 insert—

"(3)If the Regulatory Authority requires the applicant to undergo an assessment under this section, the period from the giving of the notification until the conduct of the assessment is not included in the period referred to in section 15 for the Regulatory Authority to make a decision on the application.".

42Grant or refusal of provider approval

For the note at the foot of section 15(3) of the Children's Services Act 1996 substitute—

"Notes

1.    If further information is requested under section 14(1)(a), the period between the making of the request and the provision of the information is not included in the 60 day period.

2.If an assessment is required under section 14(1)(c), the period between the giving of the notification and the conduct of the assessment is not included in the 60 day period.".

43Grounds for suspension of provider approval

In section 25 of the Children's Services Act 1996—

(a)in paragraph (g), for "fees." substitute "fees; or";

(b)after paragraph (g) insert—

"(h)under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or

Note

It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(i)the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.

Note

The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.".

44Grounds for cancellation of provider approval

In section 31 of the Children's Services Act 1996—

(a)in paragraph (f), for "suspension)." substitute "suspension); or";

(b)after paragraph (f) insert—

"(g)under section 195H(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, the approved provider's approval as a provider has been cancelled for the reason that the approved provider has not satisfied, or is not satisfying, the provider eligibility rules in section 194C(b), (c) or (d) of that Act; or

Note

It is a condition for continued approval of an approved provider that the approved provider continues to satisfy the provider eligibility rules—see section 195A(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.

(h)the approved provider has been refused approval as a provider under section 194B(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth for the reason that the provider does not satisfy the provider eligibility rules in section 194C(b), (c) or (d) of that Act.

Note

The Secretary must refuse to approve a provider if the Secretary is not satisfied that the provider satisfies the provider eligibility rules—see section 194B(1)(a) and (6) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth.".

45Regulatory Authority to be notified of transfer

(1)In section 59(1)(a) of the Children's Services Act 1996, for "42 days" substitute "60 days".

(2)After section 59(2)(a) of the Children's Services Act 1996 insert—

"(ab)specify the date on which the transfer is intended to take effect; and".

46New section 59A inserted

After section 59 of the Children's Services Act 1996 insert—

59AFurther notification required in case of delay to transfer date"

(1)If, after giving a notification under section 59, the transfer is to be delayed, the transferring approved provider and the receiving approved provider must jointly notify the Regulatory Authority as soon as practicable of the new date that the transfer is intended to take effect.

(2)A notification under subsection (1) does not affect consent to the transfer given or taken to have been given by the Regulatory Authority before it received that notification.".

47Regulatory Authority to notify outcome 7 days before transfer

(1)In the heading to section 66 of the Children's Services Act 1996, for "7 days" substitute "10 days".

(2)In section 66(1) of the Children's Services Act 1996, for "7 days" substitute "10 days".

48New section 67A inserted

After section 67 of the Children's Services Act 1996 insert—

67ARequest for earlier transfer date after consent given to transfer "

(1)This section applies if the Regulatory Authority has consented to or is taken to have consented to the transfer of a service approval.

(2)The transferring approved provider and the receiving approved provider may request the transfer take effect on an earlier date than specified in the notification under section 59 or 59A.

(3)The Regulatory Authority may agree to the requested earlier date if the Regulatory Authority considers that exceptional circumstances exist.".

49Notice to parents

In section 69(2) of the Children's Services Act 1996, for "2 days" substitute "7 days".

50Section 88 substituted

For section 88 of the Children's Services Act 1996 substitute—

88Matters to be considered"

In considering whether the grant of a service waiver is appropriate, the Regulatory Authority may have regard to—

(a)any matters disclosed in the application; and

(b)any other matter the Regulatory Authority thinks fit.".

51New sections 211 and 212 inserted

After section 210 of the Children's Services Act 1996 insert—

211Transitional provision—Notification of persons with management or control of a children's service"

(1)For the purposes of section 113(1)(b), a person who is a person with management or control on the commencement day is taken to be appointed as a person with management or control on that day.

(2)Subsection (1) does not apply to a person who, immediately before the commencement day, was a person with management or control within the meaning of this Act as in force immediately before the commencement day.

(3)In this section—

commencement day means the day on which section 40 of the Early Childhood Legislation Amendment Act 2022 comes into operation.

212Transitional provision—assessment of provider approval applications

(1)Section 14, as amended by section 41 of the Early Childhood Legislation Amendment Act 2022, applies in relation to—

(a)an application for a provider approval that was made but had not been determined before the commencement day; and

(b)a reassessment that had commenced but had not yet been completed before the commencement day.

(2)In this section—

commencement day means the day on which section 41 of the Early Childhood Legislation Amendment Act 2022 comes into operation.".

Part 7—Amendment of maximum penalties in the Schedule to the Education and Care Services National Law Act 2010

52Conditions on provider approval

For the penalty at the foot of section 19(4) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

53Notice to parents of suspension or cancellation

For the penalty at the foot of section 36(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$3400, in the case of an individual.

$17 200, in any other case.".

54Conditions on service approval

For the penalty at the foot of section 51(8) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

55Confirmation of transfer

For the penalty at the foot of section 68(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

56Notice to parents

For the penalty at the foot of section 69(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$3400, in the case of an individual.

$17 200, in any other case.".

57Notice to parents of suspension or cancellation

For the penalty at the foot of section 84(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$3400, in the case of an individual.

$17 200, in any other case.".

58Offence to provide an education and care service without service approval

For the penalty at the foot of section 103(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$22 900, in the case of an individual.

$114 900, in any other case.".

59Offence relating to places where education and care is provided as part of a family day care service

For the penalty at the foot of section 103A of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$22 900, in the case of an individual.

$114 900, in any other case.".

60Offence to advertise education and care service without service approval

For the penalty at the foot of section 104(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$6800, in the case of an individual.

$34 400, in any other case.".

61Offence to operate education and care service without nominated supervisor

For the penalty at the foot of section 161 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$5700, in the case of an individual.

$28 700, in any other case.".

62Offence for nominated supervisor not to meet prescribed minimum requirements

For the penalty at the foot of section 161A of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$5700, in the case of an individual.

$28 700, in any other case.".

63Offence to operate education and care service unless responsible person is present

For the penalty at the foot of section 162(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$5700, in the case of an individual.

$28 700, in any other case.".

64Offence relating to appointment or engagement of family day care co-ordinators

For the penalty at the foot of section 163(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$5700, in the case of an individual.

$28 700, in any other case.".

65Offence relating to assistance to family day care educators

For the penalty at the foot of section 164(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$5700, in the case of an individual.

$28 700, in any other case.".

66Offence relating to the education and care of children by family day care service

(1)For the penalty at the foot of section 164A(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

(2)For the penalty at the foot of section 164A(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$2200.".

67Offence to inadequately supervise children

(1)For the penalty at the foot of section 165(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

(2)For the penalty at the foot of section 165(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

(3)For the penalty at the foot of section 165(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

68Offence to use inappropriate discipline

(1)For the penalty at the foot of section 166(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

(2)For the penalty at the foot of section 166(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

(3)For the penalty at the foot of section 166(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

(4)For the penalty at the foot of section 166(4) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

69Offence relating to protection of children from harm and hazards

(1)For the penalty at the foot of section 167(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

(2)For the penalty at the foot of section 167(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

(3)For the penalty at the foot of section 167(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

70Offence relating to required programs

(1)For the penalty at the foot of section 168(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4 500, in the case of an individual.

$22 900, in any other case.".

(2)For the penalty at the foot of section 168(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4 500.".

71Offence relating to staffing arrangements

(1)For the penalty at the foot of section 169(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

(2)For the penalty at the foot of section 169(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

(3)For the penalty at the foot of section 169(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

(4)For the penalty at the foot of section 169(4) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

(5)For the penalty at the foot of section 169(5) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400.".

72Offence relating to unauthorised persons on education and care service premises

(1)For the penalty at the foot of section 170(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$1100, in the case of an individual.

$5700, in any other case.".

(2)For the penalty at the foot of section 170(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$1100.".

(3)For the penalty at the foot of section 170(4) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$1100.".

73Offence relating to direction to exclude inappropriate persons from education and care service premises

For the penalty at the foot of section 171(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

74Offence to fail to display prescribed information

For the penalty at the foot of section 172 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$3400, in the case of an individual.

$17 200, in any other case.".

75Offence to fail to notify certain circumstances to Regulatory Authority

(1)For the penalty at the foot of section 173(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

(2)For the penalty at the foot of section 173(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

76Offence to fail to notify certain information to Regulatory Authority

(1)For the penalty at the foot of section 174(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

(2)For the penalty at the foot of section 174(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

77Family day care educator to notify certain information to approved provider

For the penalty at the foot of section 174A of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$2200.".

78Offence relating to requirement to keep enrolment and other documents

(1)For the penalty at the foot of section 175(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

(2)For the penalty at the foot of section 175(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500.".

79Compliance directions

For the penalty at the foot of section 176(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$2200, in the case of an individual.

$11 400, in any other case.".

80Compliance notices

For the penalty at the foot of section 177(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$6800, in the case of an individual.

$34 400, in any other case.".

81Notice to suspend education and care by a family day care educator

For the penalty at the foot of section 178(7) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$6800, in the case of an individual.

$34 400, in any other case.".

82Emergency action notices

For the penalty at the foot of section 179(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$6800, in the case of an individual.

$34 400, in any other case.".

83Person must not contravene prohibition notice

(1)For the penalty at the foot of section 187(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$22 900.".

(2)For the penalty at the foot of section 187(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$22 900.".

84Offence to engage person to whom prohibition notice applies

(1)For the penalty at the foot of section 188(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$22 900, in the case of an individual.

$114 900, in any other case.".

(2)For the penalty at the foot of section 188(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$22 900, in the case of an individual.

$114 900, in any other case.".

(3)For the penalty at the foot of section 188(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$22 900, in the case of an individual.

$114 900, in any other case.".

85False or misleading information about prohibition notice

For the penalty at the foot of section 188A of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$6 800.".

86Identity card

(1)For the penalty at the foot of section 196(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$1 100.".

(2)For the penalty at the foot of section 196(5) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$1 100.".

87Offence to obstruct authorised officer

For the penalty at the foot of section 207 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$9100, in the case of an individual.

$45 900, in any other case.".

88Offence to fail to assist authorised officer

For the penalty at the foot of section 208 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$9100, in the case of an individual.

$45 900, in any other case.".

89Offence to destroy or damage notices or documents

For the penalty at the foot of section 209 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$9100, in the case of an individual.

$45 900, in any other case.".

90Offence to impersonate authorised officer

For the penalty at the foot of section 210 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$9 100.".

91Offence to fail to comply with notice or requirement

For the penalty at the foot of section 217 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$9100, in the case of an individual.

$45 900, in any other case.".

92Offence to hinder or obstruct Regulatory Authority

For the penalty at the foot of section 218 of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$9100, in the case of an individual.

$45 900, in any other case.".

93Register of family day care educators, co-ordinators and assistants

(1)For the penalty at the foot of section 269(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

(2)For the penalty at the foot of section 269(2) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$2200, in the case of an individual.

$11 400, in any other case.".

(3)For the penalty at the foot of section 269(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

94Duty of confidentiality

For the penalty at the foot of section 273(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$5700.".

95False or misleading information or documents

For the penalty at the foot of section 295(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$6800, in the case of an individual.

$34 400, in any other case.".

96Protection from reprisal

For the penalty at the foot of section 297(1) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$11 400, in the case of an individual.

$57 400, in any other case.".

97National regulations

In section 301(4)(g) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010, for "$2000" substitute "$2,200".

98Information retention and sharing

For the penalty at the foot of section 322(3) of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 substitute—

"Penalty:$4500, in the case of an individual.

$22 900, in any other case.".

Part 8—Repeal of section 15 of the Education and Care Services National Law Act 2010

99Section 15 repealed

Section 15 of the Education and Care Services National Law Act 2010 is repealed.

Part 9—Amendment of the Child Wellbeing and Safety Act 2005

100Sections 46ZAA and 46ZAB substituted

For sections 46ZAA and 46ZAB of the Child Wellbeing and Safety Act 2005 substitute—

"46ZAA   Maternal and Child Health Centres

The operator of a Maternal and Child Health Centre must not employ or engage a nurse to provide a prescribed maternal and child health nursing service, unless the nurse has—

(a)a prescribed specialist maternal and child health nursing qualification, or a qualification that is determined in accordance with the regulations as being substantially equivalent to that qualification; and

(b)any prescribed prerequisite.

46ZABState-wide telephone services

A person who operates a state-wide telephone advice service that provides maternal and child health advice must not employ or engage a nurse to provide a prescribed maternal and child health nursing service, unless the nurse has—

(a)a prescribed specialist maternal and child health nursing qualification, or a qualification that is determined in accordance with the regulations as being substantially equivalent to that qualification; and

(b)any prescribed prerequisite.".

101Maternal and child health nurse regulation making power

(1)In section 46ZD(2) of the Child Wellbeing and Safety Act 2005—

(a)in paragraph (c), for "qualification." substitute "qualification; and";

(b)after paragraph (c) insert—

"(d)prescribing a prerequisite for a nurse who is employed or engaged to provide maternal and child health nursing services.".

(2)After section 46ZD(3) of the Child Wellbeing and Safety Act 2005 insert—

"(4)The regulations may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, whether—

(a)wholly or partially or as amended by the regulations; or

(b)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(c)as formulated, issued, prescribed or published from time to time.".

Part 10—Repeal of this Act

102Repeal of this Act

This Act is repealed on 1 October 2024.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.


Minister's second reading speech—

Legislative Assembly: 4 August 2022

Legislative Council: 1 September 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Care Services National Law Act 2010, the Children's Services Act 1996, the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, the Child Wellbeing and Safety Act 2005 and for other purposes."

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