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TitleEducation and Care Services National Law
LanguageEnglish
File Size1.7 MB
Total Pages246
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		2 Commencement
		3 Objectives and guiding principles
		4 How functions to be exercised
		5 Definitions
		6 Interpretation generally
		7 Single national entity
		8 Extraterritorial operation of Law
		9 Law binds the State
	Part 2 Provider approval
		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
		Division 2 Reassessment
			21 Reassessment of fitness and propriety
		Division 3 Amendment of provider approvals
			22 Amendment of provider approval on application
			23 Amendment of provider approval by Regulatory Authority
			24 Copy of amended provider approval to be provided
		Division 4 Suspension or cancellation of provider approval
			25 Grounds for suspension of provider approval
			26 Show cause notice before suspension
			27 Decision to suspend after show cause process
			28 Suspension without show cause notice
			29 Notice and taking effect of suspension
			30 Effect of suspension
			31 Grounds for cancellation of provider approval
			32 Show cause notice before cancellation
			33 Decision in relation to cancellation
			34 Effect of cancellation
			35 Approved provider to provide information to Regulatory Authority
			36 Notice to parents of suspension or cancellation
			37 Voluntary suspension of provider approval
			38 Surrender of provider approval by approved provider
		Division 5 Approval of executor, representative or guardian as approved provider
			39 Death of approved provider
			40 Incapacity of approved provider
			41 Decision on application
		Division 6 Exercise of powers by another Regulatory Authority
			42 Exercise of powers by another Regulatory Authority
	Part 3 Service approval
		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
			50A Approval of a place as a family day care venue
			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
			55A Condition relating to family day care co-ordinators
			56 Notice of addition of nominated supervisor
			56A Notice of change of a nominated supervisor’s name or contact details
			57 Copy of amended service approval to be provided
		Division 3 Transfer of service approval
			58 Service approval may be transferred
			59 Regulatory Authority to be notified of transfer
			60 Consent of Regulatory Authority required for transfer
			61 Consent taken to be given unless Regulatory Authority intervenes
			62 Transfer may be subject to intervention by Regulatory Authority
			63 Effect of intervention
			64 Regulatory Authority may request further information
			65 Decision after intervention
			66 Regulatory Authority to notify outcome 7 days before transfer
			67 Transfer of service approval without consent is void
			68 Confirmation of transfer
			69 Notice to parents
		Division 4 Suspension or cancellation of service approval
			70 Grounds for suspension of service approval
			71 Show cause notice before suspension
			72 Decision in relation to suspension
			73 Suspension of service approval without show cause
			74 Notice and effect of decision
			75 Suspension of service approval to the extent that it relates to associated children’s service
			76 Transfer of suspended service
			77 Grounds for cancellation of service approval
			78 Show cause notice before cancellation
			79 Decision in relation to cancellation
			80 Cancellation of service approval to the extent that it relates to associated children’s service
			81 Application for transfer of cancelled service
			82 Decision on application to transfer cancelled service
			83 Approved provider to provide information to Regulatory Authority
			84 Notice to parents of suspension or cancellation
			85 Voluntary suspension of service approval
			86 Surrender of service approval
		Division 5 Application for service waiver
			87 Application for service waiver for service
			88 Form of application
			89 Powers of Regulatory Authority in considering application
			90 Matters to be considered
			91 Decision on application
			92 Revocation of service waiver
			93 Effect of service waiver
		Division 6 Temporary waiver
			94 Application for temporary waiver
			95 Form of application
			96 Regulatory Authority may seek further information
			97 Special circumstances
			98 Decision on application
			99 Revocation of temporary waiver
			100 Effect of temporary waiver
		Division 7 Exercise of powers by another Regulatory Authority
			101 Exercise of powers by another Regulatory Authority—family day care services
		Division 8 Associated children’s services
			102 Application of this Law to associated children’s services
		Division 9 Offences
			103 Offence to provide an education and care service without service approval
			103A Offence relating to places where education and care is provided as part of a family day care service
			104 Offence to advertise education and care service without service approval
	Part 5 Assessments and ratings
		Division 1 Assessment and rating
			133 Assessment for rating purposes
			134 Rating levels
			135 Rating of approved education and care service
			136 Notice to approved education and care service of rating
			137 Suspension of rating assessment
		Division 2 Reassessment and re-rating
			138 Regulatory Authority may reassess and re-rate approved education and care service
			139 Application for reassessment and re-rating by approved provider
			140 Application of Division 1
		Division 3 Review by Regulatory Authority
			141 Review by Regulatory Authority
			142 Process for review
			143 Outcome of review by Regulatory Authority
		Division 4 Review by Ratings Review Panel
			Subdivision 1 Application for review
				144 Application for further review by Ratings Review Panel
				145 Form and time of application
			Subdivision 2 Establishment of Ratings Review Panel
				146 Establishment of Ratings Review Panel
				147 Review Panel pool
				148 Procedure of Panel
				149 Transaction of business by alternative means
			Subdivision 3 Conduct of review
				150 Conduct of review
				151 Decision on review by Ratings Review Panel
		Division 5 Awarding of highest rating
			152 Application for highest rating
			153 Assessment of education and care service
			154 Board may seek information and documents
			155 Decision on application
			156 Notice of decision
			157 Reassessment of highest rating level
			158 Revocation of highest rating level
			159 Re-application for highest rating level
		Division 6 Publication of rating levels
			160 Publication of ratings
	Part 6 Operating an education and care service
		161 Offence to operate education and care service without nominated supervisor
		161A Offence for nominated supervisor not to meet prescribed minimum requirements
		162 Offence to operate education and care service unless responsible person is present
		162A Persons in day-to-day charge and nominated supervisors to have child protection training
		163 Offence relating to appointment or engagement of family day care co-ordinators
		164 Offence relating to assistance to family day care educators
		164A Offence relating to the education and care of children by family day care service
		165 Offence to inadequately supervise children
		166 Offence to use inappropriate discipline
		167 Offence relating to protection of children from harm and hazards
		168 Offence relating to required programs
		169 Offence relating to staffing arrangements
		170 Offence relating to unauthorised persons on education and care service premises
		171 Offence relating to direction to exclude inappropriate persons from education and care service premises
		172 Offence to fail to display prescribed information
		173 Offence to fail to notify certain circumstances to Regulatory Authority
		174 Offence to fail to notify certain information to Regulatory Authority
		174A Family day care educator to notify certain information to approved provider
		175 Offence relating to requirement to keep enrolment and other documents
	Part 7 Compliance with this Law
		Division 1 Notices
			176 Compliance directions
			177 Compliance notices
			178 Notice to suspend education and care by a family day care educator
			179 Emergency action notices
		Division 2 Enforceable undertakings
			179A Enforceable undertakings
			179B Certain actions prohibited while undertaking is in force
			180 Certain actions prohibited if undertaking is complied with
			181 Failure to comply with enforceable undertakings
		Division 3 Prohibition notices
			182 Grounds for giving prohibition notice
			183 Show cause notice to be given before prohibition notice
			184 Deciding whether to give 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
			188A False or misleading information about prohibition notice
		Division 4 Emergency removal of children
			189 Emergency removal of children
	Part 8 Review
		Division 1 Internal review
			190 Reviewable decision—internal review
			191 Internal review of reviewable decisions
		Division 2 External review
			192 Reviewable decision—external review
			193 Application for review of decision of the Regulatory Authority
		Division 3 General
			194 Relationship with Act establishing administrative body
	Part 9 Monitoring and enforcement
		Division 1 Authorised officers
			195 Authorisation of authorised officers
			196 Identity card
		Division 2 Powers of entry
			197 Powers of entry for assessing and monitoring approved education and care service
			198 National Authority representative may enter service premises in company with Regulatory Authority
			199 Powers of entry for investigating approved education and care service
			200 Powers of entry to business premises
			200A Entry to premises without search warrant
			201 Entry to premises with search warrant
			202 Seized items
			203 Court may extend period
		Division 3 Other powers
			204 Power to require name and address
			205 Power to require evidence of age, name and address of person
			206 Power of authorised officers to obtain information documents and evidence
		Division 4 Offences relating to enforcement
			207 Offence to obstruct authorised officer
			208 Offence to fail to assist authorised officer
			209 Offence to destroy or damage notices or documents
			210 Offence to impersonate authorised officer
			211 Protection against self incrimination
			212 Warning to be given
			213 Occupier’s consent to search
		Division 5 Powers of Regulatory Authority
			214 Powers of Regulatory Authority to obtain information for rating purposes
			215 Power of Regulatory Authority to obtain information, documents and evidence by notice
			216 Power of Regulatory Authority to obtain information, documents and evidence at education and care service
			217 Offence to fail to comply with notice or requirement
			218 Offence to hinder or obstruct Regulatory Authority
			219 Self incrimination not an excuse
	Part 10 Ministerial Council
		220 Functions of Ministerial Council
		221 Powers of Ministerial Council
		222 Directions
		223 How Ministerial Council exercises powers
	Part 11 Australian Children’s Education and Care Quality Authority
		Division 1 The National Authority
			224 National Authority
			225 Functions of National Authority
			226 National Authority may advise and seek guidance of Ministerial Council
			227 Powers of National Authority
			228 Co-operation with participating jurisdictions and Commonwealth
			229 National audit functions
		Division 2 The Board of the National Authority
			Subdivision 1 Establishment and responsibilities
				230 National Authority Board
				231 Responsibilities of Board
				232 Membership of Board
			Subdivision 2 Members
				233 Terms of office of members
				234 Remuneration
				235 Vacancy in the office of member
				236 Acting positions
				237 Leave of absence
				238 Disclosure of conflict of interest
			Subdivision 3 Procedure of Board
				239 General procedure
				240 Quorum
				241 Chief executive officer may attend meetings of the Board
				242 Presiding member
				243 Voting
				244 Defects in appointment of members
				245 Transaction of business by alternative means
				246 Delegation by Board
				247 Committees
			Subdivision 4 Chief executive officer of the National Authority
				248 Chief executive officer
				249 Functions of chief executive officer
				250 Terms and conditions of appointment
				251 Remuneration
				252 Vacancy in office
				253 Resignation
				254 Termination of appointment
				255 Acting chief executive officer
				256 Disclosure of interests
			Subdivision 5 Staff, consultants and contractors
				257 Staff of National Authority
				258 Staff seconded to National Authority
				259 Consultants and contractors
	Part 12 Regulatory Authority
		260 Functions of Regulatory Authority
		261 Powers of Regulatory Authority
		262 Delegations
	Part 13 Information, records and privacy
		Division 1 Privacy
			263 Application of Commonwealth Privacy Act
		Division 2 Application of Commonwealth FOI Act
			264 Application of Commonwealth FOI Act
		Division 3 Application of New South Wales State Records Act
			265 Application of State Records Act
		Division 4 Registers
			266 Register of approved providers
			267 Register of education and care services
			269 Register of family day care educators, co-ordinators and assistants
		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
	Part 14 Miscellaneous
		Division 1 Finance
			274 Australian Children’s Education and Care Quality Authority Fund
			275 Payments into Authority Fund
			276 Payments out of Authority Fund
			277 Investment of money in Authority Fund
			278 Financial management duties of National Authority
		Division 2 Reporting
			279 Annual report
			280 Tabling and publication of annual report
			281 Other reporting
		Division 3 Application of Commonwealth Ombudsman Act
			282 Application of Commonwealth Ombudsman Act
		Division 4 Legal proceedings
			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
		Division 5 Service of notices
			293 Service of notices
			294 Service by post
		Division 6 False or misleading information
			295 False or misleading information or documents
		Division 7 Protection from reprisal
			296 Definitions
			297 Protection from reprisal
			298 Proceedings for damages for reprisal
			299 Application for injunction or order
			300 Injunction or order
		Division 8 National regulations
			301 National regulations
			302 Publication of national regulations
			303 Parliamentary scrutiny of national regulations
			304 Effect of disallowance of national regulation
	Part 15 Transitional provisions
		Division 1 Introductory
			305 Definitions
		Division 2 Education and care services
			306 Approved provider
			307 Service approvals
			308 Approved family day care venues
			309 Approval of declared out of scope services
			310 Application for service waiver or temporary waiver
			311 Existing applicants
			312 Existing multiple approvals to merge
			313 Display of accreditation and rating
			314 Effect of non-compliance in 3 years before scheme commencement day
			315 Certified supervisors
			316 Nominated supervisors
			317 Notices and undertakings
			318 Offences
		Division 3 National Authority
			319 First meeting of National Authority
			320 First chief executive officer of National Authority
			321 First annual report of National Authority
		Division 4 General
			322 Information retention and sharing
			323 Approved learning framework
			324 Savings and transitional regulations
		Division 5 Transitional provisions—Education and Care Services National Law Amendment Act 2017
			325 Definitions
			326 Approved family day care venues
			327 Declared approved family day care venues continue to be approved
			328 Service approval condition requiring sufficient family day care co-ordinators
			329 Service approval condition requiring minimum number of family day care co-ordinators
			330 Publication of information about certified supervisors
			331 Evidentiary certificates
	Schedule 1 Miscellaneous provision relating to interpretation
		Part 1 Preliminary
			1 Displacement of Schedule by contrary intention
		Part 2 General
			2 Law to be construed not to exceed legislative power of Legislature
			3 Every section to be a substantive enactment
			4 Material that is, and is not, part of this Law
			5 References to particular Acts and to enactments
			6 References taken to be included in Act or Law citation etc
			7 Interpretation best achieving Law's purpose
			8 Use of extrinsic material in interpretation
			9 Effect of change of drafting practice and use of examples
			10 Use of examples
			11 Compliance with forms
		Part 3 Terms and references
			12 Definitions
			13 Provisions relating to defined terms and gender and number
			14 Meaning of “may” and “must” etc
			15 Words and expressions used in statutory instruments
			16 Effect of express references to bodies corporate and individuals
			17 Production of records kept in computers etc
			18 References to this jurisdiction to be implied
			19 References to officers and holders of offices
			20 Reference to certain provisions of Law
			21 Reference to provisions of this Law or an Act is inclusive
		Part 4 Functions and powers
			22 Performance of statutory functions
			23 Power to make instrument or decision includes power to amend or repeal
			24 Matters for which statutory instruments may make provision
			25 Presumption of validity and power to make
			26 Appointments may be made by name or office
			27 Acting appointments
			28 Powers of appointment imply certain incidental powers
			29 Delegation of functions
			30 Exercise of powers between enactment and commencement
		Part 5 Distance, time and age
			31 Matters relating to distance, time and age
		Part 6 Effect of repeal, amendment or expiration
			32 Time of Law ceasing to have effect
			33 Repealed Law provisions not revived
			34 Saving of operation of repealed Law provisions
			35 Continuance of repealed provisions
			36 Law and amending Acts to be read as one
		Part 7 Instruments under Law
			37 Schedule applies to statutory instruments
		Part 8 Application to coastal sea
			38 Application
	Schedule 2 Powers of entry by search warrant
		1 Application for warrant
		2 Issue of warrant
		3 Application by electronic communication
		4 Procedure before entry under warrant
		5 Powers after entering premises
                        
Document Text Contents
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Queensland

Education and Care Services
National Law (Queensland)

Current as at 1 October 2017—2nd revised version
Reprint notes
Section 264(2) was incorrect in an earlier version of this reprint. This
version was corrected on 20 November 2017.

The schedules were not included in an earlier version of this reprint. This
reprint was corrected on 26 September 2019.

The Education and Care Services National Law is applied (with
modifications) as a law of Queensland by the Education and Care Services
National Law (Queensland) Act 2011. This version is the Law as it applies
in Queensland—see the Education and Care Services National Law
(Queensland) Act 2011, section 4. It is intended a new reprint of the
National Law will be prepared by the Office of the Queensland
Parliamentary Counsel when any change in the National Law takes effect.

National scheme legislation may not be entirely consistent with
Queensland’s current drafting style.

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© State of Queensland 2019

This work is licensed under a Creative Commons Attribution 4.0 International License.

http://creativecommons.org/licenses/by/4.0/

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[s 188]

Education and Care Services National Law (Queensland)
Part 7 Compliance with this Law
nominated supervisor of an education and care service;
or

(b) in the case of a prohibition notice under section
182(3)(b), consent to a nomination of that person as a
nominated supervisor of an education and care service
in contravention of a condition or conditions stated in
the prohibition notice.

Penalty—$20,000.

188 Offence to engage person to whom prohibition notice
applies

(1) An approved provider must not engage a person as an
educator, family day care educator, employee, contractor or
staff member of, or allow a person to perform volunteer
services for, an education and care service if the provider
knows, or ought reasonably to know, a prohibition notice is in
force under this Law as applying in any participating
jurisdiction in respect of the person.

Penalty—

$20,000, in the case of an individual.

$100,000, in any other case.

(2) An approved provider must not nominate a person as a
nominated supervisor of an education and care service if the
approved provider knows, or ought reasonably to know, that a
prohibition notice is in force under this Law as applying in
any participating jurisdiction prohibiting the nomination of
that person as a nominated supervisor of an education and
care service.

Penalty—

$20,000, in the case of an individual.

$100,000, in any other case.

(3) An approved provider must not nominate a person as a
nominated supervisor of an education and care service if the
approved provider knows, or ought reasonably to know, that
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[s 188A]

Education and Care Services National Law (Queensland)
Part 7 Compliance with this Law
the nomination would place the person in contravention of a
condition of a prohibition notice in force under this Law as
applying in any participating jurisdiction.

Penalty—

$20,000, in the case of an individual.

$100,000, in any other case.

188A False or misleading information about prohibition notice

A person who is subject to a prohibition notice under this Law
as applying in any participating jurisdiction must not give an
approved provider any information about the content or
existence of the prohibition notice that is false or misleading
in any material particular.

Penalty—$6,000.

Division 4 Emergency removal of children

189 Emergency removal of children

(1) This section applies if the Regulatory Authority considers, on
reasonable grounds, that there is an immediate danger to the
safety or health of a child or children being educated and
cared for by an education and care service.

(2) The Regulatory Authority may remove, or cause the removal
of, the child or children from the education and care service
premises.

(3) In exercising a power under subsection (2)—

(a) the Regulatory Authority may be given such assistance
by other persons (including police officers) as is
reasonably required; and

(b) the Regulatory Authority and any person assisting the
Regulatory Authority may—
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Schedule 2

Education and Care Services National Law (Queensland)
(9) This clause does not limit clause 1.

4 Procedure before entry under warrant

(1) Before entering premises under a warrant, an authorised
officer must do or make a reasonable attempt to do the
following—

(a) identify himself or herself to a person present at the
premises who is an occupier of the premises by
producing the authorised officer's identity card;

(b) give the person a copy of the warrant;

(c) tell the person the authorised officer is permitted by the
warrant to enter the premises;

(d) give the person an opportunity to allow the authorised
officer immediate entry to the premises without using
force.

(2) However, the authorised officer need not comply with
subclause (1) if the authorised officer reasonably believes that
immediate entry to the premises is required to ensure the
effective execution of the warrant is not frustrated.

5 Powers after entering premises

(1) This clause applies if an authorised officer enters premises
under clause 4.

(2) The authorised officer may for the purposes of the
investigation do the following—

(a) search any part of the premises;

(b) inspect, measure, test, photograph or film, or make
audio recordings of, any part of the premises or anything
at the premises;

(c) take a thing, or a sample of or from a thing, at the
premises for analysis, measurement or testing;

(d) copy, or take an extract from, a document, at the
premises;
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Schedule 2

Education and Care Services National Law (Queensland)
(e) take into or onto the premises any person, equipment
and materials the authorised officer reasonably requires
for exercising a power under this Schedule;

(f) require the occupier of the premises, or a person at the
premises, to give the authorised officer reasonable help
to exercise the authorised officer's powers under
paragraphs (a) to (e);

(g) require the occupier of the premises, or a person at the
premises, to give the authorised officer information to
help the authorised officer in conducting the
investigation.
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