Victorian Numbered Acts

EARLY CHILDHOOD LEGISLATION AMENDMENT ACT 2022 (NO. 43 OF 2022)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  

   PART 2--AMENDMENT OF EDUCATION AND CARE SERVICES NATIONAL LAW ACT 2010 RELATING TO CHILD SAFE STANDARDS

   3.      Definitions  
   4.      New Part 2A inserted  
   5.      New section 18 inserted  
   6.      New section 20 inserted  

   PART 3--AMENDMENT OF THE CHILDREN'S SERVICES ACT 1996 RELATING TO CHILD SAFE STANDARDS

   7.      Definitions  
   8.      Conditions on service approval  
   9.      Functions of Regulatory Authority  
   10.     New Part 8 inserted  

   PART 4--AMENDMENT OF THE CHILD WELLBEING AND SAFETY (CHILD SAFE STANDARDS COMPLIANCE AND ENFORCEMENT) AMENDMENT ACT 2021

   11.     Definitions  
   12.     New Division 2A of Part 6 inserted  
   13.     Schedule 1 substituted  
   14.     Statute law revision amendments  

   PART 5--AMENDMENT OF THE SCHEDULE TO THE EDUCATION AND CARE SERVICES NATIONAL LAW ACT 2010

   15.     Definitions  
   16.     New section 5A inserted  
   17.     Regulatory Authority may seek further information  
   18.     Grant or refusal of provider approval  
   19.     Grounds for suspension of provider approval  
   20.     Grounds for cancellation of provider approval  
   21.     Condition relating to family day care co-ordinators  
   22.     Regulatory Authority to be notified of transfer  
   23.     New section 59A inserted  
   24.     Regulatory Authority to notify outcome 7 days before transfer  
   25.     New section 67A inserted  
   26.     Notice to parents  
   27.     Application for service waiver for service  
   28.     Section 90 substituted  
   29.     Decision on application  
   30.     Section 93 substituted  
   31.     Section 94 substituted  
   32.     Decision on application  
   33.     Section 100 substituted  
   34.     Decision on application  
   35.     Section 162A substituted  
   36.     Offence to fail to display prescribed information  
   37.     Register of family day care educators, co-ordinators and assistants  
   38.     New Division 7 of Part 15 inserted  

   PART 6--OTHER AMENDMENTS TO THE CHILDREN'S SERVICES ACT 1996

   39.     Definitions  
   40.     New section 3A inserted  
   41.     Regulatory Authority may seek further information  
   42.     Grant or refusal of provider approval  
   43.     Grounds for suspension of provider approval  
   44.     Grounds for cancellation of provider approval  
   45.     Regulatory Authority to be notified of transfer  
   46.     New section 59A inserted  
   47.     Regulatory Authority to notify outcome 7 days before transfer  
   48.     New section 67A inserted  
   49.     Notice to parents  
   50.     Section 88 substituted  
   51.     New sections 211 and 212 inserted  

   PART 7--AMENDMENT OF MAXIMUM PENALTIES IN THE SCHEDULE TO THE EDUCATION AND CARE SERVICES NATIONAL LAW ACT 2010

   52.     Conditions on provider approval  
   53.     Notice to parents of suspension or cancellation  
   54.     Conditions on service approval  
   55.     Confirmation of transfer  
   56.     Notice to parents  
   57.     Notice to parents of suspension or cancellation  
   58.     Offence to provide an education and care service without service approval  
   59.     Offence relating to places where education and care is provided as part of a family day care service  
   60.     Offence to advertise education and care service without service approval  
   61.     Offence to operate education and care service without nominated supervisor  
   62.     Offence for nominated supervisor not to meet prescribed minimum requirements  
   63.     Offence to operate education and care service unless responsible person is present  
   64.     Offence relating to appointment or engagement of family day care co-ordinators  
   65.     Offence relating to assistance to family day care educators  
   66.     Offence relating to the education and care of children by family day care service  
   67.     Offence to inadequately supervise children  
   68.     Offence to use inappropriate discipline  
   69.     Offence relating to protection of children from harm and hazards  
   70.     Offence relating to required programs  
   71.     Offence relating to staffing arrangements  
   72.     Offence relating to unauthorised persons on education and care service premises  
   73.     Offence relating to direction to exclude inappropriate persons from education and care service premises  
   74.     Offence to fail to display prescribed information  
   75.     Offence to fail to notify certain circumstances to Regulatory Authority  
   76.     Offence to fail to notify certain information to Regulatory Authority  
   77.     Family day care educator to notify certain information to approved provider  
   78.     Offence relating to requirement to keep enrolment and other documents  
   79.     Compliance directions  
   80.     Compliance notices  
   81.     Notice to suspend education and care by a family day care educator  
   82.     Emergency action notices  
   83.     Person must not contravene prohibition notice  
   84.     Offence to engage person to whom prohibition notice applies  
   85.     False or misleading information about prohibition notice  
   86.     Identity card  
   87.     Offence to obstruct authorised officer  
   88.     Offence to fail to assist authorised officer  
   89.     Offence to destroy or damage notices or documents  
   90.     Offence to impersonate authorised officer  
   91.     Offence to fail to comply with notice or requirement  
   92.     Offence to hinder or obstruct Regulatory Authority  
   93.     Register of family day care educators, co-ordinators and assistants  
   94.     Duty of confidentiality  
   95.     False or misleading information or documents  
   96.     Protection from reprisal  
   97.     National regulations  
   98.      Information retention and sharing  

   PART 8--REPEAL OF SECTION 15 OF THE EDUCATION AND CARE SERVICES NATIONAL LAW ACT 2010

   99.     Section 15 repealed  

   PART 9--AMENDMENT OF THE CHILD WELLBEING AND SAFETY ACT 2005

   100.    Sections 46ZAA and 46ZAB substituted  
   101.    Maternal and child health nurse regulation making power  

   PART 10--REPEAL OF THIS ACT

   102.    Repeal of this Act  
           ENDNOTES