Australian Capital Territory
Education and Care Services National Law (ACT) Act 2011    
A2011-42
Republication No 4
Effective:  26 November 2013 – 1 January 2015
Republication date: 26 November 2013
Last amendment made by A2013‑44
(republication for expiry of provision (s 6 (6), (7)))

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Education and Care Services National Law (ACT) Act 2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2013.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2013.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Education and Care Services National Law (ACT) Act 2011

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Terms used in Education and Care Services National Law (ACT)	2
	5	Notes	2
Part 2	Adoption of National Law
	6	Adoption of Education and Care Services National Law	3
	7	Exclusion of territory laws	4
	8	Meaning of generic terms in Education and Care Services National Law for this jurisdiction	4
	9	Relevant tribunal or court	5
	10	Regulatory Authority	5
	11	Children’s services law	5
	12	Education law	6
	13	Former education and care services law	6
	14	Infringements law	6
	15	Public sector law	6
	16	Working with children law	6
	17	Working with vulnerable people law	7
	18	Penalty at end of provision	7
Part 3	Miscellaneous
	19	Regulation-making power	8
Part 4	Transitional
	20	Definitions—pt 4	9
	21	Transitional definitions	9
	23	Expiry—pt 4	11
Dictionary		12
Endnotes
	1	About the endnotes	13
	2	Abbreviation key	13
	3	Legislation history	14
	4	Amendment history	14
	5	Earlier republications	15

Australian Capital Territory
Education and Care Services National Law (ACT) Act 2011

An Act to apply 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 Education and Care Services National Law (ACT) Act 2011.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Terms used in Education and Care Services National Law (ACT)
Terms used in this Act and also in the Education and Care Services National Law set out in the schedule to the Victorian Act have the same meaning in this Act as they have in that Law. 
5	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Adoption of National Law
6	Adoption of Education and Care Services National Law
	(1)	Subject to this section, the Education and Care Services National Law, as in force from time to time, set out in the schedule to the Victorian Act—
	(a)	applies as a territory law; and
	(b)	as so applying may be referred to as the Education and Care Services National Law (ACT); and
	(c)	so applies as if it were part of this Act.
	(2)	A law that amends the Education and Care Services National Law set out in the schedule to the Victorian Act and is passed by the Victorian Parliament after this Act’s notification day must be presented to the Legislative Assembly not later than 6 sitting days after the day it is passed.
	(3)	The amending law may be disallowed by the Legislative Assembly in the same way, and within the same period, that a disallowable instrument may be disallowed.
Note	See the Legislation Act, s 65 (Disallowance by resolution of Assembly).
	(4)	If the amending law is not presented to the Legislative Assembly in accordance with subsection (2), or is disallowed under subsection (3), the Education and Care Services National Law applying under subsection (1) is taken—
	(a)	not to include the amendments made by the amending law; and
	(b)	to include any provision repealed or amended by the amending law as if the amending law had not been made.
	(5)	Section 303 (4) (Parliamentary scrutiny of national regulations) of the Education and Care Services National Law set out in the schedule to the Victorian Act does not apply as a territory law.
7	Exclusion of territory laws
	(1)	The following territory laws do not apply to the Education and Care Services National Law (ACT) or to the instruments made under that Law:
	(a)	the Criminal Code 2002;
	(b)	the Freedom of Information Act 1989;
	(c)	the Legislation Act 2001.
	(2)	The following territory laws do not apply to the Education and Care Services National Law (ACT) or to the instruments made under that Law, except to the extent that that Law and those instruments apply to the Regulatory Authority and the employees, decisions, actions and records of the Regulatory Authority:
	(a)	the Annual Reports (Government Agencies) Act 2004;
	(b)	the Auditor-General Act 1996;
	(c)	the Financial Management Act 1996;
	(d)	the Ombudsman Act 1989;
	(e)	the Public Sector Management Act 1994;
	(f)	the Territory Records Act 2002.
8	Meaning of generic terms in Education and Care Services National Law for this jurisdiction
In the Education and Care Services National Law (ACT):
child protection law means the Children and Young People Act 2008.
Note	A reference to a law includes a reference to the statutory instruments made or in force under the law (see Legislation Act, s 104).
de facto relationship means a domestic partnership.
magistrate means a Magistrate under the Magistrates Court Act 1930.
public authority means a body established for a public purpose under an Act.
registered teacher means a registered teacher under the ACT Teacher Quality Institute Act 2010.
superior court means the Supreme Court.
this jurisdiction means the Australian Capital Territory.
9	Relevant tribunal or court
For the definition of relevant tribunal or court in the Education and Care Services National Law (ACT), section 5—
	(a)	the Magistrates Court is the relevant court or tribunal for that Law, section 181; and
	(b)	the ACAT is declared to be the relevant court or tribunal for that Law, part 8.
10	Regulatory Authority
For the definition of Regulatory Authority in the Education and Care Services National Law (ACT), section 5, the chief executive is the Regulatory Authority. 
11	Children’s services law
For the definition of children’s services law in the Education and Care Services National Law (ACT) the Children and Young People Act 2008, chapter 20 is a children’s services law.
12	Education law
For the definition of education law in the Education and Care Services National Law (ACT), section 5, the Education Act 2004 is an education law.
13	Former education and care services law
For the definition of former education and care services law in the Education and Care Services National Law (ACT), section 5—
	(a)	the Children and Young People Act 2008, chapter 20, is a former education and care services law; and
	(b)	the Education Act 2004 is a former education and care services law.
14	Infringements law
For the definition of infringements law in the Education and Care Services National Law (ACT), section 5, the Magistrates Court Act 1930, part 3.8 is an infringements law.
15	Public sector law
For the definition of public sector law in the Education and Care Services National Law (ACT), section 5, the Public Sector Management Act 1994  is a public sector law.
16	Working with children law
For the definition of working with children law in the Education and Care Services National Law (ACT), in section 5, the Working with Vulnerable People (Background Checking) Act 2011 is a working with children law.
17	Working with vulnerable people law
For the definition of working with vulnerable people law in the Education and Care Services National Law (ACT), section 5, the Working with Vulnerable People (Background Checking) Act 2011 is a working with vulnerable people law.
18	Penalty at end of provision
In the Education and Care Services National Law (ACT) a penalty specified at the end of a provision indicates that a contravention of the provision is punishable on conviction by a penalty not more than the specified penalty.

Part 3	Miscellaneous
19	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 4	Transitional
20	Definitions—pt 4
In this part:
childcare services standards—see the Children and Young People Act 2008, section 887 (2) (e).
government preschool means a government preschool established under the Education Act 2004, section 20.
licensed childcare service—see the Children and Young People Act 2008, section 728.
21	Transitional definitions
	(1)	For the definition of declared approved family day care service in the Education and Care Services National Law (ACT), section 305, a family day care scheme that was a licensed childcare service is a declared approved family day care service. 
	(2)	For the definition of declared approved provider in the Education and Care Services National Law (ACT), section 305—
	(a)	a person who was a licensed proprietor of a licensed childcare service is a declared approved provider; and
	(b)	the director-general responsible for the administration of the Education Act 2004 is a declared approved provider.
	(3)	For the definition of declared approved service in the Education and Care Services National Law (ACT), section 305—
	(a)	a service that was a licensed childcare service is a declared approved service; and
	(b)	a government preschool is a declared approved service.
	(4)	For the definition of declared certified supervisor in the Education and Care Services National Law (ACT), section 305, a person is a declared certified supervisor if—
	(a)	the person held any of the following positions mentioned in the childcare services standards:
	(i)	qualified service director, designated qualified team leader or qualified primary contact staff member of a licensed childcare service providing centre based care;
	(ii)	qualified service director or qualified service coordinator of a licensed childcare service providing school aged care;
	(iii)	qualified staff member of the coordination unit for a licensed childcare service providing family day care;
	(iv)	qualified senior teacher or qualified teacher of a licensed childcare service operating an independent preschool; and
	(b)	the person held, or had completed the requirements for, the qualification required under the childcare services standards for the position.
	(5)	For the definition of declared compliance notice in the Education and Care Services National Law (ACT), section 305, a compliance notice issued under the Children and Young People Act 2008, chapter 20, is a declared compliance notice.
	(6)	For the definition of former approval in the Education and Care Services National Law (ACT), section 305—
	(a)	a childcare service licence issued under the Children and Young People Act 2008, chapter 20, is a former approval; and
	(b)	the establishment of a government preschool under the Education Act 2004, section 20, is a former approval.
23	Expiry—pt 4
This part expires 3 years after the day it commences.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	chief executive (s 163)
·	domestic partnership (s 169 (2))
·	Magistrates Court
·	Supreme Court
·	territory law.
Education and Care Services National Law (ACT) means the provisions applying in this jurisdiction because of section 6.
Victorian Act means the Education and Care Services National Law Act 2010 (Vic).
Note 1	The Victorian Act is accessible at www.legislation.vic.gov.au.
Note 2	A reference to a law (including a Victorian Act) includes a reference to the law as originally made and as amended (see Legislation Act, s 102).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Education and Care Services National Law (ACT) Act 2011 A2011-42
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
remainder commenced 1 January 2012 (s 2 and CN2011-16)
as amended by
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 1 pt 1.1
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))
sch 1 pt 1.1 commenced 25 November 2013 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Adoption of Education and Care Services National Law
s 6	am A2013‑44 amdt 1.1
	(6), (7) exp 25 November 2013 (s 6 (7))
Transitional
pt 4 hdg	exp 1 January 2015 (s 23)
Definitions—pt 4
s 20	exp 1 January 2015 (s 23)
	def childcare services standards exp 1 January 2015 (s 23)
	def government preschool exp 1 January 2015 (s 23)
	def licensed childcare service exp 1 January 2015 (s 23)
Transitional definitions
s 21	exp 1 January 2015 (s 23)
Transitional regulations
s 22	exp 1 January 2013 (s 22 (4))
Expiry—pt 4
s 23	exp 1 January 2015 (s 23)

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 Jan 2012	1 Jan 2012–
1 Jan 2013	not amended	new Act	
R2
2 Jan 2013	2 Jan 2013–
24 Nov 2013	not amended	expiry of transitional provision (s 22)	
R3
25 Nov 2013	25 Nov 2013–
25 Nov 2013	A2013‑44	amendments by A2013‑44	

©  Australian Capital Territory 2013