Children (Education and Care Services) Supplementary Provisions Regulation 2024 (2024-339) (NSW)

Children (Education and Care Services) Supplementary Provisions Regulation 2024

Part 1 Preliminary

1 Name of regulation This regulation is the Children (Education and Care Services) Supplementary Provisions Regulation 2024.

2 Commencement This regulation commences on the day on which it is published on the NSW legislation website.

Note— This regulation repeals and replaces the Children (Education and Care Services) Supplementary Provisions Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions In this regulation— National Law Regulations means the national regulations made under the National Law, as in force from time to time. the Act means the Children (Education and Care Services) Supplementary Provisions Act 2011. venue management plan has the same meaning as in section 15.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 Alignment with National Law

Division 1 Application of National Law Regulations—the Act, s 37(2)

4 National Law Regulations apply to State regulated education and care services (1) The National Law Regulations apply, with the modifications specified in this part, to State regulated education and care services as if the services were education and care services within the meaning of the National Law. (2) The Act, sections 22, 24 and 26 apply to the National Law Regulations in the same way they apply to the National Law.

Note— The Act, section 22 provides that references in the National Law to education and care services are to be read as references to State regulated education and care services. The Act, section 24 provides that references in the National Law to the Regulatory Authority are to be read as references to the NSW Regulatory Authority, which is the Secretary of the Department of Education. The Act, section 26 provides that the following references in the National Law to national scheme matters are to be disregarded— (a) National Authority, (b) Ministerial Council, except in relation to the National Quality Standard, (c) the highest rating level for an education and care service, (d) associated children's services, (e) family day care services. (3) To avoid doubt, a provision of the National Law Regulations made under a provision of the National Law that is disregarded for the National Law Alignment Provisions is to be disregarded for the purposes of this regulation.