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EDUCATION AND CARE SERVICES NATIONAL LAW (APPLICATION)
(CONSEQUENTIAL AMENDMENTS) BILL 2011
CLAUSE NOTES
Clause 1 This Act may be cited as the Education and Care Services National Law
(Application) (Consequential Amendments) Act 2011.
Clause 2 The Act commences, or is taken to have commenced, on the day on which
the Education and Care Services National Law (Application) Act 2011 commences, or is taken to
have commenced.
Clause 3 In Part 2, the Child Care Act 2001 is referred to as the Principal Act.
Clause 4 The long title of the Child Care Act 2001 has been amended to specify that it
only provides for the regulation of child care services and workers that are not otherwise
regulated under the Education and Care Services National Law (Tasmania).
Clause 5 This clause defines certain words and expressions used in the proposed Act.
Specifically, section 3(1)(a) further defines child care services as those services not including
an education and care service.
Section 3(1)(b) provides definitions of `education and care services' and `educator' as having
the same meaning as in the Education and Care Services National Law (Tasmania).
Section 3(1)(c) provides a definition of `Secretary'. This is an amendment of a statute law
revision nature.
Clause 6 provides that the provision of child care does not include the provision of an
education and care service, or the education and care of a child as part of an education and
care service.
Clause 7 removes three objects of the Act as these are no longer achievable due to
the narrowing of the definition of child care and the related legislative responsibility. The
removed objects will be met by the overall regulation of child care and education and care
services through both the Child Care Act 2001 and the Education and Care Services National
Law (Tasmania).
Clause 8 removes the authority of an approved registration body licence in relation to
care provided in the primary residence or approved premises of a person. This is because
this type of care, family day care, is under the Education and Care Services National Law
(Tasmania).
Clause 9 provides that in determining fitness and propriety for persons concerned
with the child care service, an offence against the Education and Care Services National Law
(Tasmania) is included in the determination (section 15A(2)(h)).
Section 15A(4) has been inserted to provide for applicants who have been assessed as fit and
proper under the Education and Care Services National Law (Tasmania) to be taken as fit and
proper under the Child Care Act 2001 provided that the determination is current.
Clause 10 In Part 3, the Annulled Convictions Act 2003 is referred to as the Principal Act.
Clause 11 provides that Schedule 1 of non-exempt applications includes approved
providers and certified supervisors within the meaning of the Education and Care Services
National Law (Tasmania).
Clause 12 In Part 4, the Children, Young Persons and Their Families Act 1997 is referred to
as the Principal Act.
Clause 13 provides that `prescribed person' in relation to informing of concern about
abuse or neglect or certain behaviour includes a person concerned in the management of an
approved education and care service within the meaning of the Education and Care Services
National Law (Tasmania).
Clause 14 In Part 5, the Family Violence Act 2004 is referred to as the Principal Act.
Clause 15 provides that `prescribed person' in relation to informing of concern about
family violence includes a person concerned in the management of an approved education
and care service within the meaning of the Education and Care Services National Law
(Tasmania).
It also inserts the definition of `child care' and `child care service' which have not previously
been included.
Clause 16 provides that this Act is repealed on the ninetieth day from the day on
which it commences or is taken to have commenced or on which it receives the Royal
Assent whichever occurs later.