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TASMANIA
__________
EDUCATION AND CARE SERVICES NATIONAL
LAW (APPLICATION) (CONSEQUENTIAL
AMENDMENTS) BILL 2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CHILD CARE ACT 2001 AMENDED
3. Principal Act
4. Long title amended
5. Section 3 amended (Interpretation)
6. Section 4 amended (Child care defined)
7. Section 5 amended (Objects of Act)
8. Section 10 amended (Authority of approved registration body
licence)
9. Section 15A amended (Criteria for grant of, or holding, licence)
PART 3 - ANNULLED CONVICTIONS ACT 2003 AMENDED
10. Principal Act
11. Schedule 1 amended (Non-exempt applications)
PART 4 - CHILDREN, YOUNG PERSONS AND THEIR FAMILIES
ACT 1997 AMENDED
12. Principal Act
[Bill 66]-III
13. Section 14 amended (Informing of concern about abuse or
neglect or certain behaviour)
PART 5 - FAMILY VIOLENCE ACT 2004 AMENDED
14. Principal Act
15. Section 38 amended (Informing of concern about family
violence )
PART 6 - MISCELLANEOUS
16. Repeal of Act
2
EDUCATION AND CARE SERVICES NATIONAL
LAW (APPLICATION) (CONSEQUENTIAL
AMENDMENTS) BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
27 October 2011
(Brought in by the Minister for Children, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend certain Acts consequentially on the
enactment of the Education and Care Services National Law
(Application) Act 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
1. Short title
This Act may be cited as the Education and
Care Services National Law (Application)
(Consequential Amendments) Act 2011.
THIS BILL IS COGNATE WITH THE EDUCATION AND CARE SERVICES NATIONAL LAW
(APPLICATION) BILL 2011
[Bill 66] 3
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
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.
4
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
Part 2 - Child Care Act 2001 Amended s. 3
PART 2 - CHILD CARE ACT 2001 AMENDED
3. Principal Act
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 -
(a) the operation by an
approved registration
body of any business that
involves one or more of
*No. 62 of 2001
5
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
s. 5 Part 2 - Child Care Act 2001 Amended
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 -
but does not include an education
and care service;
(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);
6
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
Part 2 - Child Care Act 2001 Amended s. 6
(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).
7
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
s. 8 Part 2 - Child Care Act 2001 Amended
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
8
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
Part 2 - Child Care Act 2001 Amended s. 9
(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.
9
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
s. 10 Part 3 - Annulled Convictions Act 2003 Amended
PART 3 - ANNULLED CONVICTIONS ACT 2003
AMENDED
10. Principal Act
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.
*No. 46 of 2003
10
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
Part 4 - Children, Young Persons and Their Families Act 1997 Amended s. 12
PART 4 - CHILDREN, YOUNG PERSONS AND THEIR
FAMILIES ACT 1997 AMENDED
12. Principal Act
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".
*No. 28 of 1997
11
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
s. 14 Part 5 - Family Violence Act 2004 Amended
PART 5 - FAMILY VIOLENCE ACT 2004 AMENDED
14. Principal Act
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;
*No. 67 of 2004
12
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
Part 5 - Family Violence Act 2004 Amended s. 15
(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".
13
Education and Care Services National Law (Application)
(Consequential Amendments) Act 2011
Act No. of
s. 16 Part 6 - Miscellaneous
PART 6 - MISCELLANEOUS
16. Repeal of Act
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.
14 Government Printer, Tasmania