2011

THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

CHILDREN AND YOUNG PEOPLE (EDUCATION AND CARE SERVICES NATIONAL LAW) CONSEQUENTIAL AMENDMENT BILL 2011

EXPLANATORY STATEMENT

Presented by
Joy Burch MLA
Minister for Community Services

Children and Young People (Education and Care Services National Law) Consequential Amendment Bill 2011
Explanatory Statement

Outline

With the introduction of the Education and Care Services National Law (ACT) 2011 a consequential amendment will be required to the Children and Young People 
Act 2008.

The Education and Care Services National Law Bill (ACT) 2011 will replace the regulatory functions as currently outlined in the Children and Young People Act 2008 for the majority of childcare services currently licensed in the ACT. These services fall within the definition of an education and care service and will be regulated by the Education and Care Services National Law Bill (Act) 2011.

A small number of childcare services currently licensed under the Children and Young People Act 2008 will not transition into the Education and Care Services National Law (Act) 2011. These services fall within the definition of ‘a prescribed class of services’ within the exposure draft of the Education and Care Services National Regulations. A prescribed class of services is considered out of scope. 

The out of scope services in the ACT will continue to be licensed and regulated under the Children and Young People Act 2008.  The consequential amendments to the Children and Young People Act 2008 will be required to maintain the licensing of these services while excluding those who will be encompassed by the Education and Care Services National Law Bill (ACT) 2011. Out of scope services include playschools, services that provide primarily occasional care and a budget base funded service.  

Consequential Amendment
Proposed new subclause to section 731 (1)
Section 731 provides a list of circumstances in which the chapter does not apply to care provided for a child. The proposed consequential amendment is to exempt from its scope those services that will be regulated under the Education and Care Services National Law through inserting a paragraph that states that this chapter does not apply to services that are encompassed by the Education and Care Services National Law.