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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.