Education and Care Services National Law (ACT) Amendment Act 2024 (ACT)

Case

Education and Care Services National Law (ACT) Amendment Act 2024

A2024-33

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Adoption of Education and Care Services National LawNew section 6 (1A)  2

5            New section 6 (1B)  3

6            Section 6 (2)  3

7           Section 6 (5)  3

8            Section 6 (5)  3

9            New section 6 (6) to (8)  3

10          Exclusion of territory lawsNew section 7 (1) (ba)  4

11          New section 7 (1A)  4

12          New sections 17A and 17B  4

13          New part 10  5

Schedule 1 Other amendments  7

Part 1.1    Children and Young People Act 2008  7

Part 1.2    Crimes Act 1900  8

Part 1.3    Crimes (Child Sex Offenders) Act 2005  8

Part 1.4    Domestic Animals Act 2000  10

Part 1.5    Emergencies Act 2004  11

Part 1.6    Leases (Commercial and Retail) Act 2001  11

Part 1.7    Spent Convictions Act 2000  12

Part 1.8    Working with Vulnerable People (Background Checking) Act 2011     13

Education and Care Services National Law (ACT) Amendment Act 2024

A2024-33

An Act to amend the Education and Care Services National Law (ACT) Act 2011, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Education and Care Services National Law (ACT) Amendment Act 2024.

  2. Commencement

    (1)This Act (other than the provisions mentioned in subsection (2)) commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)The following provisions commence 3 months after this Act’s notification day:

    ·     section 5

    ·     sections 7 and 8

    ·     section 13.

  3. Legislation amended

    This Act amends the Education and Care Services National Law (ACT) Act 2011.

    NoteThis Act also amends other legislation (see sch 1).

  4. Adoption of Education and Care Services National Law
    New section 6 (1A)

    insert

    (1A)For the Education and Care Services National Law (ACT), section 105 (Application of Part to certain participating jurisdictions only)—

    (a)the Territory is a participating jurisdiction; and

    (b)part 4 (Approval in principle for education and care service premises located in certain types of buildings) of that Law applies as a territory law.

  5. New section 6 (1B)

    insert

    (1B)The Education and Care Services National Law (ACT), section  49A (Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle) applies as a territory law.

  6. Section 6 (2)

    omit

    not later than 6 sitting days after the day it is passed

  7. Section 6 (5)

    after

    regulations)

    insert

    and section 340 (Transitional provision—approvals in principle—applications for service approval)

  8. Section 6 (5)

    omit

    does not

    substitute

    do not

  9. New section 6 (6) to (8)

    insert

    (6)To remove any doubt, the Education and Care Services National Law (ACT), section 303 (5) and section 304 (Effect of disallowance of national regulation) apply as a territory law.

    (7)Despite subsection (4), the Education and Care Services National Law (ACT) is taken to be amended by the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017 (Vic) and the Regulatory Legislation Amendment (Reform) Act 2022 (Vic) as if those Acts—

    (a)had been presented to the Legislative Assembly in accordance with subsection (2); and

    (b)had not been disallowed under subsection (3).

    (8)Subsection (7) and this subsection expire on the day they commence.

  10. Exclusion of territory laws
    New section 7 (1) (ba)

    insert

    (ba)the Information Privacy Act 2014;

  11. New section 7 (1A)

    insert

    (1A)Subsection (1) (c) does not limit the application of the Legislation Act to this Act.

  12. New sections 17A and 17B

    insert

17APart 4 building law and Part 4 planning law

(1)For the definition of Part 4 building law in the Education and Care Services National Law (ACT), section 5, the Building Act 2004 is a Part 4 building law.

(2)For the definition of Part 4 planning law in the Education and Care Services National Law (ACT), section 5, the Planning Act 2023 is a Part 4 planning law.

17BApplication for approval in principle

For the Education and Care Services National Law (ACT), section 107 (2), an application for an approval in principle must be made to the Regulatory Authority not later than—

(a)if, under the Planning Act 2023, a development approval is required for the education and care service premises—the day before the application for development approval is made; or

(b)in any other case—the day before an application for building approval for the education and care service premises is made under the Building Act 2004.

  1. New part 10

    insert

Part 10Transitional—Applications for service approval

  1. Meaning of commencement day—pt 10

    In this part:

    commencement day means the day the Education and Care Services National Law (ACT) Amendment Act 2024, section 5 commences.

  2. Application of national law, s 49A to certain applications for approval

    (1)This section applies if—

    (a)before, on or after the commencement day, an application for service approval for an education and care service is made under the Education and Care Services National Law (ACT), section 43 (Application for service approval); and

    (b)before the commencement day—

    (i)if, under the Planning Act 2023, a development approval is required for the education and care service premises—an application for a development approval for the premises is made; or

    (ii)in any other case—an application for building approval for the education and care service premises is made under the Building Act 2004.

    (2)The Education and Care Services National Law (ACT), section  49A (Additional ground for refusal in certain participating jurisdictions—mandatory approval in principle) does not apply to the application for service approval.

  3. Expiry—pt 10

    This part expires 5 years after the commencement day.

    NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).


Schedule 1Other amendments

(see s 3)

Part 1.1Children and Young People Act 2008

[1.1]Section 356 (3), new definitions

insert

education and care service—see the Education and Care Services National Law (ACT), section 5.

educator—

(a)means an educator within the meaning of the Education and Care Services National Law (ACT), section 5; but

(b)does not include an educator in a family day care service.

family day care co-ordinator—see the Education and Care Services National Law (ACT), section 5.

family day care service—see the Education and Care Services National Law (ACT), section 5.

NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).

[1.2]Section 356 (3), definition of mandated reporter, paragraph (l)

substitute

(l)a family day care co-ordinator;

(la)an educator;

(lb)an education and care service provider;

Part 1.2Crimes Act 1900

[1.3]Section 66A (5) definition of relevant institution, examples—par (a)

omit

child care centres

substitute

education and care services, childcare centres

Part 1.3Crimes (Child Sex Offenders) Act 2005

[1.4]Section 124 (1) (b)

omit

child-care centres

substitute

education and care services or childcare centres

[1.5]Section 124 (2), new definitions

insert

childcare centre includes a childcare centre within the meaning of the Children and Young People Act 2008, section 733.

education and care service—see the Education and Care Services National Law (ACT), section 5.

NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).

[1.6]Sections 132B and 132F

omit

a child care centre

substitute

an education and care service or childcare centre

[1.7]Sections 132K and 132R

omit

child care centre

substitute

education and care service or childcare centre

Part 1.4Domestic Animals Act 2000

[1.8]Section 42 (1) (a)

omit

a child-care centre

substitute

an education and care service or childcare centre

[1.9]Section 42 (6), new definitions

insert

childcare centre includes a childcare centre within the meaning of the Children and Young People Act 2008, section 733.

education and care service—

(a)means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but

(b)does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5.

NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).

Part 1.5Emergencies Act 2004

[1.10]Section 34 (1) (m), examples

omit

·     child care centres

substitute

·     education and care service premises

·     childcare centres

Part 1.6Leases (Commercial and Retail) Act 2001

[1.11]Section 12 (1) (g)

omit

a child care centre

substitute

an education and care service or childcare centre

[1.12]Section 12 (7), new definitions

insert

childcare centre includes a childcare centre within the meaning of the Children and Young People Act 2008, section 733.

education and care service—

(a)means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but

(b)does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5.

NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).

Part 1.7Spent Convictions Act 2000

[1.13]Section 19 (1) (a)

after

childcare worker,

insert

educator,

[1.14]Section 19 (1) (b) (ii)

omit

child-care centre

substitute

education and care service, childcare centre

[1.15]New section 19 (12)

insert

(12)In this section:

childcare centre includes a childcare centre within the meaning of the Children and Young People Act 2008, section 733.

education and care service—

(a)means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but

(b)does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5.

educator—see the Education and Care Services National Law (ACT), section 5.

NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).

Part 1.8Working with Vulnerable People (Background Checking) Act 2011

[1.16]Schedule 1, section 1.3 heading

substitute

1.3Education and care service or childcare service

[1.17]Schedule 1, new section 1.3 (1) (aa)

before paragraph (a), insert

(aa)an education and care service; or

[1.18]Schedule 1, section 1.3 (2), new definition of education and care service

insert

education and care service—see the Education and Care Services National Law (ACT), section 5.

NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 10 April 2024.

  2. Notification

    Notified under the Legislation Act on 10 July 2024.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Education and Care Services National Law (ACT) Amendment Bill 2024, which was passed by the Legislative Assembly on 26 June 2024.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2024

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