Education and Care Services National Law (WA)

Western Australia Education and Care Services National Law (WA) Act 2012 Western Australia Education and Care Services National Law (WA) Act 2012 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part 2 — Application of Education and Care Services National Law 4. Application of the Education and Care Services National Law 1 5. Exclusion of legislation of this jurisdiction 1 6. Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction 1 7. Relevant tribunal or court 1 8. Regulatory Authority 1 9. Children's services law 1 10. Education law 1 11. Former education and care services law 1 12. Infringements law 1 13. Public sector law 1 14. Working with children law 1 15. Transitional 1 Part 3 — Other local provisions 16. Tabling of annual report 1 17. National regulations under the WA national law 1 18. Review of Act 1 Schedule — Education and Care Services National Law Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objectives and guiding principles 1 4. How functions to be exercised 1 5. Definitions 1 6. Interpretation generally 1 7. Single national entity 1 8. Extraterritorial operation of Law 1 9. Law binds the State 1 Part 2 — Provider approval Division 1 — Application for provider approval 10. Application for provider approval 1 11. Form of application 1 12. Applicant must be fit and proper person 1 13. Matters to be taken into account in assessing whether fit and proper person 1 14. Regulatory Authority may seek further information 1 15. Grant or refusal of provider approval 1 16. Notice of decision on application 1 17. Duration of provider approval 1 18. Effect of provider approval 1 19. Conditions on provider approval 1 20. Copy of provider approval 1 Division 2 — Reassessment 21. Reassessment of fitness and propriety 1 Division 3 — Amendment of provider approvals 22. Amendment of provider approval on application 1 23. Amendment of provider approval by Regulatory Authority 1 24. Copy of amended provider approval to be provided 1 Division 4 — Suspension or cancellation of provider approval 25. Grounds for suspension of provider approval 1 26. Show cause notice before suspension 1 27. Decision to suspend after show cause process 1 28. Suspension without show cause notice 1 29. Notice and taking effect of suspension 1 30. Effect of suspension 1 31. Grounds for cancellation of provider approval 1 32. Show cause notice before cancellation 1 33. Decision in relation to cancellation 1 34. Effect of cancellation 1 35. Approved provider to provide information to Regulatory Authority 1 36. Notice to parents of suspension or cancellation 1 37. Voluntary suspension of provider approval 1 38. Surrender of provider approval by approved provider 1 Division 5 — Approval of executor, representative or guardian as approved provider 39. Death of approved provider 1 40. Incapacity of approved provider 1 41. Decision on application 1 Division 6 — Exercise of powers by another Regulatory Authority 42. Exercise of powers by another Regulatory Authority 1 Part 3 — Service approval Division 1 — Application for service approval 43. Application for service approval 1 44. Form of application 1 45. Regulatory Authority may seek further information 1 46. Investigation of application for service approval 1 47. Determination of application 1 48. Grant or refusal of service approval 1 49. Grounds for refusal 1 50. Notice of decision on application 1 50A. Approval of a place as a family day care venue 1 51. Conditions on service approval 1 52. Copy of service approval to be provided 1 53. Annual fee 1 Division 2 — Amendment of service approval 54. Amendment of service approval on application 1 55. Amendment of service approval by Regulatory Authority 1 55A. Condition relating to family day care co‑ordinators 1 56. Notice of change to nominated supervisor 1 56A. Notice of change of a nominated supervisor's name or contact details 1 57. Copy of amended service approval to be provided 1 Division 3 — Transfer of service approval 58. Service approval may be transferred 1 59. Regulatory Authority to be notified of transfer 1 60. Consent of Regulatory Authority required for transfer 1 61. Consent taken to be given unless Regulatory Authority intervenes 1 62. Transfer may be subject to intervention by Regulatory Authority 1 63. Effect of intervention 1 64. Regulatory Authority may request further information 1 65. Decision after intervention 1 66. Regulatory Authority to notify outcome 7 days before transfer 1 67. Transfer of service approval without consent is void 1 68. Confirmation of transfer 1 69. Notice to parents 1 Division 4 — Suspension or cancellation of service approval 70. Grounds for suspension of service approval 1 71. Show cause notice before suspension 1 72. Decision in relation to suspension 1 73. Suspension of service approval without show cause 1 74. Notice and effect of decision 1 75. Suspension of service approval to the extent that it relates to associated children's service 1 76. Transfer of suspended service 1 77. Grounds for cancellation of service approval 1 78. Show cause notice before cancellation 1 79. Decision in relation to cancellation 1 80. Cancellation of service approval to the extent that it relates to associated children's service 1 81. Application for transfer of cancelled service 1 82. Decision on application to transfer cancelled service 1 83. Approved provider to provide information to Regulatory Authority 1 84. Notice to parents of suspension or cancellation 1 85. Voluntary suspension of service approval 1 86. Surrender of service approval 1 Division 5 — Application for service waiver 87. Application for service waiver for service 1 88. Form of application 1 89. Powers of Regulatory Authority in considering application 1 90. Matters to be considered 1 91. Decision on application 1 92. Revocation of service waiver 1 93. Effect of service waiver 1 Division 6 — Temporary waiver 94. Application for temporary waiver 1 95. Form of application 1 96. Regulatory Authority may seek further information 1 97. Special circumstances 1 98. Decision on application 1 99. Revocation of temporary waiver 1 100. Effect of temporary waiver 1 Division 7 — Exercise of powers by another Regulatory Authority 101. Exercise of powers by another Regulatory Authority — family day care services 1 Division 8 — Associated children's services 102. Application of this Law to associated children's services 1 Division 9 — Offences 103. Offence to provide an education and care service without service approval 1 103A. Offence relating to places where education and care is provided as part of a family day care service 1 104. Offence to advertise education and care service without service approval 1 Part 5 — Assessments and ratings Division 1 — Assessment and rating 133. Assessment for rating purposes 1 134. Rating levels 1 135. Rating of approved education and care service 1 136. Notice to approved education and care service of rating 1 137. Suspension of rating assessment 1 Division 2 — Reassessment and re‑rating 138. Regulatory Authority may reassess and re‑rate approved education and care service 1 139. Application for reassessment and re‑rating by approved provider 1 140. Application of Division 1 1 Division 3 — Review by Regulatory Authority 141. Review by Regulatory Authority 1 142. Process for review 1 143. Outcome of review by Regulatory Authority 1 Division 4 — Review by Ratings Review Panel Subdivision 1 — Application for review 144. Application for further review by Ratings Review Panel 1 145. Form and time of application 1 Subdivision 2 — Establishment of Ratings Review Panel 146. Establishment of Ratings Review Panel 1 147. Review Panel pool 1 148. Procedure of Panel 1 149. Transaction of business by alternative means 1 Subdivision 3 — Conduct of review 150. Conduct of review 1 151. Decision on review by Ratings Review Panel 1 Division 5 — Awarding of highest rating 152. Application for highest rating 1 153. Assessment of education and care service 1 154. Board may seek information and documents 1 155. Decision on application 1 156. Notice of decision 1 157. Reassessment of highest rating level 1 158. Revocation of highest rating level 1 159. Re‑application for highest rating level 1 Division 6 — Publication of rating levels 160. Publication of ratings 1 Part 6 — Operating an education and care service 161. Offence to operate education and care service without nominated supervisor 1 161A. Offence for nominated supervisor not to meet prescribed minimum requirements 1 162. Offence to operate education and care service unless responsible person is present 1 162A. Persons in day‑to‑day charge and nominated supervisors to have child protection training 1 163. Offence relating to appointment or engagement of family day care co‑ordinators 1 164. Offence relating to assistance to family day care educators 1 164A. Offence relating to the education and care of children by family day care service 1 165. Offence to inadequately supervise children 1 165A. Offence relating to children leaving the education and care service premises unauthorised 1 166. Offence to use inappropriate discipline 1 167. Offence relating to protection of children from harm and hazards 1 168. Offence relating to required programs 1 169. Offence relating to staffing arrangements 1 170. Offence relating to unauthorised persons on education and care service premises 1 171. Offence relating to direction to exclude inappropriate persons from education and care service premises 1 172. Offence to fail to display prescribed information 1 173. Offence to fail to notify certain circumstances to Regulatory Authority 1 174. Offence to fail to notify certain information to Regulatory Authority 1 174A. Family day care educator to notify certain information to approved provider 1 175. Offence relating to requirement to keep enrolment and other documents 1 Part 7 — Compliance with this Law Division 1 — Notices 176. Compliance directions 1 177. Compliance notices 1 178. Notice to suspend education and care by a family day care educator 1 179. Emergency action notices 1 Division 2 — Enforceable undertakings 179A. Enforceable undertakings 1 179B. Certain actions prohibited while undertaking is in force 1 180. Certain actions prohibited if undertaking is complied with 1 181. Failure to comply with enforceable undertakings 1 Division 3 — Prohibition notices 182. Grounds for giving prohibition notice 1 183. Show cause notice to be given before prohibition notice 1 184. Deciding whether to give prohibition notice 1 185. Content of prohibition notice 1 186. Cancellation of prohibition notice 1 187. Person must not contravene prohibition notice 1 188. Offence to engage person to whom prohibition notice applies 1 188A. False or misleading information about prohibition notice 1 Division 3A — Disciplinary action 188AA. Persons against whom disciplinary action may be taken 1 188AB. Disciplinary action 1 188AC. Limitation on section 188AB(3)(b) 1 Division 4 — Emergency removal of children 189. Emergency removal of children 1 Part 8 — Review Division 1 — Internal review 190. Reviewable decision — internal review 1 191. Internal review of reviewable decisions 1 Division 2 — External review 192. Reviewable decision — external review 1 193. Application for review of decision of the Regulatory Authority 1 Division 3 — General 194. Relationship with Act establishing administrative body 1 Part 9 — Monitoring and enforcement Division 1 — Authorised officers 195. Authorisation of authorised officers 1 196. Identity card 1 Division 2 — Powers of entry 197. Powers of entry for assessing and monitoring approved education and care service 1 198. National Authority representative may enter service premises in company with Regulatory Authority 1 199. Powers of entry for investigating approved education and care service 1 200. Powers of entry to business premises 1 200A. Entry to premises without search warrant 1 201. Entry to premises with search warrant 1 202. Seized items 1 203. Court may extend period 1 Division 3 — Other powers 204. Power to require name and address 1 205. Power to require evidence of age, name and address of person 1 206. Power of authorised officers to obtain information documents and evidence 1 Division 4 — Offences relating to enforcement 207. Offence to obstruct authorised officer 1 208. Offence to fail to assist authorised officer 1 209. Offence to destroy or damage notices or documents 1 210. Offence to impersonate authorised officer 1 211. Protection against self-incrimination 1 212. Warning to be given 1 213. Occupier's consent to search 1 Division 5 — Powers of Regulatory Authority 214. Powers of Regulatory Authority to obtain information for rating purposes 1 215. Power of Regulatory Authority to obtain information, documents and evidence by notice 1 216. Power of Regulatory Authority to obtain information, documents and evidence at education and care service 1 217. Offence to fail to comply with notice or requirement 1 218. Offence to hinder or obstruct Regulatory Authority 1 219. Self-incrimination not an excuse 1 Part 10 — Ministerial Council 220. Functions of Ministerial Council 1 221. Powers of Ministerial Council 1 222. Directions 1 223. How Ministerial Council exercises powers 1 Part 11 — Australian Children's Education and Care Quality Authority Division 1 — The National Authority 224. National Authority 1 225. Functions of National Authority 1 226. National Authority may advise and seek guidance of Ministerial Council 1 227. Powers of National Authority 1 228. Co‑operation with participating jurisdictions and Commonwealth 1 229. National audit functions 1 Division 2 — The Board of the National Authority Subdivision 1 — Establishment and responsibilities 230. National Authority Board 1 231. Responsibilities of Board 1 232. Membership of Board 1 Subdivision 2 — Members 233. Terms of office of members 1 234. Remuneration 1 235. Vacancy in the office of member 1 236. Acting positions 1 237. Leave of absence 1 238. Disclosure of conflict of interest 1 Subdivision 3 — Procedure of Board 239. General procedure 1 240. Quorum 1 241. Chief executive officer may attend meetings of the Board 1 242. Presiding member 1 243. Voting 1 244. Defects in appointment of members 1 245. Transaction of business by alternative means 1 246. Delegation by Board 1 247. Committees 1 Subdivision 4 — Chief executive officer of the National Authority 248. Chief executive officer 1 249. Functions of chief executive officer 1 250. Terms and conditions of appointment 1 251. Remuneration 1 252. Vacancy in office 1 253. Resignation 1 254. Termination of appointment 1 255. Acting chief executive officer 1 256. Disclosure of interests 1 Subdivision 5 — Staff, consultants and contractors 257. Staff of National Authority 1 258. Staff seconded to National Authority 1 259. Consultants and contractors 1 Part 12 — Regulatory Authority 260. Functions of Regulatory Authority 1 261. Powers of Regulatory Authority 1 262. Delegations 1 Part 13 — Information, records and privacy Division 1 — Privacy 263. Application of Commonwealth Privacy Act 1 Division 2 — Application of Commonwealth FOI Act 264. Application of Commonwealth FOI Act 1 Division 3 — Application of New South Wales State Records Act 265. Application of State Records Act 1 Division 4 — Registers 266. Register of approved providers 1 267. Register of education and care services 1 269. Register of family day care educators, co‑ordinators and assistants 1 Division 5 — Publication of information 270. Publication of information 1 Division 6 — Disclosure of information 271. Disclosure of information to other authorities 1 272. Disclosure of information to education and care services 1 273. Duty of confidentiality 1 Part 14 — Miscellaneous Division 1 — Finance 274. Australian Children's Education and Care Quality Authority Fund 1 275. Payments into Authority Fund 1 276. Payments out of Authority Fund 1 277. Investment of money in Authority Fund 1 278. Financial management duties of National Authority 1 Division 2 — Reporting 279. Annual report 1 280. Tabling and publication of annual report 1 281. Other reporting 1 Division 3 — Application of Commonwealth Ombudsman Act 282. Application of Commonwealth Ombudsman Act 1 Division 4 — Legal proceedings 283. Who may bring proceedings for an offence? 1 284. When proceedings may be brought 1 285. Offences by bodies corporate 1 286. Application of Law to partnerships and eligible associations and other entities 1 287. Multiple holders of an approval 1 288. Double jeopardy 1 289. Immunity 1 290. Immunity — education law 1 291. Infringement offences 1 292. Evidentiary certificates 1 Division 5 — Service of notices 293. Service of notices 1 294. Service by post 1 Division 6 — False or misleading information 295. False or misleading information or documents 1 Division 7 — Protection from reprisal 296. Definitions 1 297. Protection from reprisal 1 298. Proceedings for damages for reprisal 1 299. Application for injunction or order 1 300. Injunction or order 1 Division 8 — National regulations 301. National regulations 1 302. Publication of national regulations 1 303. Parliamentary scrutiny of national regulations 1 304. Effect of disallowance of national regulation 1 Part 15 — Transitional provisions Division 1 — Introductory 305. Definitions 1 Division 2 — Education and care services 306. Approved provider 1 307. Service approvals 1 308. Approved family day care venues 1 309. Approval of declared out of scope services 1 310. Application for service waiver or temporary waiver 1 311. Existing applicants 1 312. Existing multiple approvals to merge 1 313. Display of accreditation and rating 1 314. Effect of non‑compliance in 3 years before scheme commencement day 1 315. Certified supervisors 1 316. Nominated supervisors 1 317. Notices and undertakings 1 318. Offences 1 Division 3 — National Authority 319. First meeting of National Authority 1 320. First chief executive officer of National Authority 1 321. First annual report of National Authority 1 Division 4 — General 322. Information retention and sharing 1 323. Approved learning framework 1 324. Savings and transitional regulations 1 Division 5 — Transitional provisions — Education and Care Services National Law (WA) Amendment Act 2018 325. Definitions 1 326. Approved family day care venues 1 327. Declared approved family day care venues continue to be approved 1 328. Service approval condition requiring sufficient family day care co‑ordinators 1 329. Service approval condition requiring minimum number of family day care co‑ordinators 1 330A. Repeal of show cause notice if written notice not given before commencement day 1 330B. Effect of decisions made before commencement day under repealed section 125 1 330C. Continuation of reviews of decisions relating to supervisor certificates in particular circumstances 1 Division 6 — Further transitional provisions — Education and Care Services National Law (WA) Amendment Act 2018 332. Definitions 1 333. Partial assessment and re‑rating 1 334. Application for highest rating level made before commencement day 1 335. Highest rating level awarded before, or on application made before, commencement day 1 Schedule 1 — Miscellaneous provision relating to interpretation Part 1 — Preliminary 1. Displacement of Schedule by contrary intention 1 Part 2 — General 2. Law to be construed not to exceed legislative power of Legislature 1 3. Every section to be a substantive enactment 1 4. Material that is, and is not, part of this Law 1 5. References to particular Acts and to enactments 1 6. References taken to be included in Act or Law citation etc 1 7. Interpretation best achieving Law's purpose 1 8. Use of extrinsic material in interpretation 1 9. Effect of change of drafting practice and use of examples 1 10. Use of examples 1 11. Compliance with forms 1 11A. Penalty at end of provision 1 Part 3 — Terms and references 12. Definitions 1 13. Provisions relating to defined terms and gender and number 1 14. Meaning of "may" and "must" etc. 1 15. Words and expressions used in statutory instruments 1 16. Effect of express references to bodies corporate and individuals 1 17. Production of records kept in computers etc. 1 18. References to this jurisdiction to be implied 1 19. References to officers and holders of offices 1 20. Reference to certain provisions of Law 1 21. Reference to provisions of this Law or an Act is inclusive 1 Part 4 — Functions and powers 22. Performance of statutory functions 1 23. Power to make instrument or decision includes power to amend or repeal 1 24. Matters for which statutory instruments may make provision 1 25. Presumption of validity and power to make 1 26. Appointments may be made by name or office 1 27. Acting appointments 1 28. Powers of appointment imply certain incidental powers 1 29. Delegation of functions 1 30. Exercise of powers between enactment and commencement 1 Part 5 — Distance, time and age 31. Matters relating to distance, time and age 1 Part 6 — Effect of repeal, amendment or expiration 32. Time of Law ceasing to have effect 1 33. Repealed Law provisions not revived 1 34. Saving of operation of repealed Law provisions 1 35. Continuance of repealed provisions 1 36. Law and amending Acts to be read as one 1 Part 7 — Instruments under Law 37. Schedule applies to statutory instruments 1 Part 8 — Application to coastal sea 38. Application 1 Schedule 2 — Powers of entry by search warrant 1. Application for warrant 1 2. Issue of warrant 1 3. Application by electronic communication 1 4. Procedure before entry under warrant 1 5. Powers after entering premises 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Education and Care Services National Law (WA) Act 2012 An Act to — * provide for a national scheme regarding the regulation of education and care services for children; and * make consequential and other amendments to various other Acts, and for related purposes.