Education and Care Services National Law (Application) (Consequential Amendments) Act 2011
An Act to amend certain Acts consequentially on the enactment of the Education and Care Services National Law (Application) Act 2011
[Royal Assent 7 December 2011]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Education and Care Services National Law (Application) (Consequential Amendments) Act 2011 .
This 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.
PART 2 - Child Care Act 2001 Amended
In this Part, the Child Care Act 2001 is referred to as the Principal Act.
4. Long title amended
The long title of the Principal Act is amended by inserting "that are not otherwise regulated under the Education and Care Services National Law (Tasmania)" after "workers".
5. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of child care service and substituting the following definition:child care service means –but does not include an education and care service;(a) the operation by an approved registration body of any business that involves one or more of the activities authorised by the licence; and(b) the operation by the holder of a centre-based child care licence of any business that involves the activity authorised by the licence; and(c) the operation by the holder of a home-based child care licence of any business that involves the activity authorised by the licence; and(d) the provision of child care by a registered carer –(b) by inserting the following definitions after the definition of director :education and care service has the same meaning as in the Education and Care Services National Law (Tasmania);educator has the same meaning as in the Education and Care Services National Law (Tasmania);(c) by inserting the following definition after the definition of school :Secretary means the Secretary of the Department;
6. Section 4 amended (Child care defined)
Section 4 of the Principal Act is amended by inserting after subsection (3) the following subsection:(3A) The provision of an education and care service, and the education and care of a child as part of an education and care service, are not the provision of child care.
7. Section 5 amended (Objects of Act)
Section 5 of the Principal Act is amended as follows:(a) by omitting from paragraph (b)(iii) "children; and" and substituting "children.";(b) by omitting paragraphs (c) , (d) and (e) .
8. Section 10 amended (Authority of approved registration body licence)
Section 10(1) of the Principal Act is amended as follows:(a) by omitting paragraphs (a) and (b) ;(b) by omitting from paragraph (e) "arranging home-based child care of a kind referred to in this section;" and substituting "arranging, organising or coordinating the placement of potential child carers with children who need child care in the primary or other residences of the children;".
9. Section 15A amended (Criteria for grant of, or holding, licence)
Section 15A of the Principal Act is amended as follows:(a) by inserting the following subparagraph after subparagraph (ii) in subsection (2)(h) :(iia) the Education and Care Services National Law (Tasmania) or any regulations made under that Law, whether that offence was committed in Tasmania or elsewhere; or(b) by omitting from subsection (2)(h)(v) " subparagraph (ii) , (iii) or (iv) ;" and substituting " subparagraph (ii) , (iia) , (iii) or (iv) ;";(c) by inserting the following subsection after subsection (3) :(4) In determining whether the applicant or any other person is a fit and proper person, or a suitable person, the Secretary may, despite subsections (2) and (3) , determine that the applicant or other person is a fit and proper person, or a suitable person, on the basis only that the applicant or other person has been determined to be a fit and proper person under the Education and Care Services National Law (Tasmania) and that determination is current.
PART 3 - Annulled Convictions Act 2003 Amended
In this Part, the Annulled Convictions Act 2003 is referred to as the Principal Act.
11. Schedule 1 amended (Non-exempt applications)
Schedule 1 to the Principal Act is amended by inserting after item 2 in Part 6 the following items:2A. Approved provider within the meaning of the Education and Care Services National Law (Tasmania), regardless of which jurisdiction in Australia granted, or has the right to grant, the provider approval.2B. Certified supervisor within the meaning of the Education and Care Services National Law (Tasmania), regardless of which jurisdiction in Australia granted, or has the right to grant, the supervisor certificate.
PART 4 - Children, Young Persons and Their Families Act 1997 Amended
In this Part, the Children, Young Persons and Their Families Act 1997 is referred to as the Principal Act.
13. Section 14 amended (Informing of concern about abuse or neglect or certain behaviour)
Section 14(1) of the Principal Act is amended by inserting "an approved education and care service, within the meaning of the Education and Care Services National Law (Tasmania), or" after "of " in paragraph (j) of the definition of prescribed person .
PART 5 - Family Violence Act 2004 Amended
In this Part, the Family Violence Act 2004 is referred to as the Principal Act.
15. Section 38 amended (Informing of concern about family violence)
Section 38(1) of the Principal Act is amended as follows:(a) by inserting the following definitions before the definition of prescribed person :child care means the provision of care or accommodation to a child by a person other than the child's parent or a member of the child's extended family;child care service means operations concerned with child care, including a person or agency that is involved with organising or arranging placements for children in child care or placements of child carers with children;(b) by inserting "an approved education and care service, within the meaning of the Education and Care Services National Law (Tasmania), or" after "of" in paragraph (i) of the definition of prescribed person .
PART 6 - Miscellaneous
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.
[Second reading presentation speech made in:
House of Assembly on 27 OCTOBER 2011
Legislative Council on 10 NOVEMBER 2011]