Children (Education and Care Services National Law Application) Act 2010 (NSW)

Children (Education and Care Services National Law Application) Act 2010 No 104

An Act to apply as a law of this State a national law relating to the regulation of education and care services for children.

Part 1 Preliminary

1 Name of Act This Act is the Children (Education and Care Services National Law Application) Act 2010.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation. (2) Different days may be appointed under subsection (1) for the commencement of different provisions of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria.

3 Definitions (1) In this Act— Children (Education and Care Services) National Law (NSW) means the provisions applying in this jurisdiction because of section 4. (2) Terms used in this Act and also in the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria have the same meanings in this Act as they have in that Law.

Part 2 Adoption of National Law

4 Adoption of Education and Care Services National Law The Education and Care Services National Law, as in force from time to time, set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria— (a) applies as a law of this jurisdiction, and (b) as so applying may be referred to as the Children (Education and Care Services) National Law (NSW), and (c) so applies as if it were part of this Act.

5 Exclusion of legislation of this jurisdiction (1) The following Acts of this jurisdiction do not apply to the Children (Education and Care Services) National Law (NSW) or to instruments made under that Law— (a) the Government Information (Public Access) Act 2009, (b) the Health Records and Information Privacy Act 2002, (c) the Interpretation Act 1987, (d) the Privacy and Personal Information Protection Act 1998, (e) the Subordinate Legislation Act 1989. (2) The following Acts of this jurisdiction do not apply to the Children (Education and Care Services) National Law (NSW) or to instruments made under that Law, except to the extent that the Law and those instruments apply to the Regulatory Authority and the employees, decisions, actions and records of the Regulatory Authority— (a) the Government Sector Finance Act 2018, (b) the Ombudsman Act 1974, (c) the Government Sector Audit Act 1983, (d) the Government Sector Employment Act 2013. (3) However, Part 4 of the Children's Guardian Act 2019 does apply in respect of approved education and care services under the Children (Education and Care Services) National Law (NSW).