An Act to apply as a law of this State a national law relating to the regulation of education and care services for children.
Part 1 Preliminary
1 Name of Act
This Act is the Children (Education and Care Services National Law Application) Act 2010.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation.(2) Different days may be appointed under subsection (1) for the commencement of different provisions of the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria.
3 Definitions
(1) In this Act—Children (Education and Care Services) National Law (NSW) means the provisions applying in this jurisdiction because of section 4.(2) Terms used in this Act and also in the Education and Care Services National Law set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria have the same meanings in this Act as they have in that Law.
Part 2 Adoption of National Law
4 Adoption of Education and Care Services National Law
(1) The Education and Care Services National Law, as in force from time to time, set out in the Schedule to the Education and Care Services National Law Act 2010 of Victoria—(a) applies as a law of this jurisdiction, with the modifications set out in Schedule 1, and(b) as so applying may be referred to as the Children (Education and Care Services) National Law (NSW), and(c) so applies as if it were part of this Act.(2) If, after the commencement of this subsection, the Parliament of Victoria amends the Schedule to the Education and Care Services National Law Act 2010 of Victoria, the amendment (the Victorian amendment) does not apply in New South Wales until a regulation is made applying the Victorian amendment, with or without modification, to the Children (Education and Care Services) National Law (NSW).(3) A regulation made under subsection (2) applying a Victorian amendment with modification may, for that purpose, make a consequential amendment to this Act, Schedule 1, including a NSW provision.Example—A regulation made under subsection (2) may omit a NSW provision because the Victorian amendment provides for the same matter on a national basis.s 4: Am 2025 No 56, Sch 2[1]; 2025 No 68, Sch 1[1].
5 Exclusion of legislation of this jurisdiction
(1) Subject to subsection (1A), the following Acts of this jurisdiction do not apply to the Children (Education and Care Services) National Law (NSW) or to instruments made under that Law—(c) the Interpretation Act 1987,(e) the Subordinate Legislation Act 1989.(1A) The following provisions apply to NSW regulations made under the Children (Education and Care Services) National Law (NSW)—(a) the Interpretation Act 1987, Parts 6 and 6A,(b) the Subordinate Legislation Act 1989, sections 3, 4, 7 and 8 and Schedule 1.(2) The following Acts of this jurisdiction do not apply to the Children (Education and Care Services) National Law (NSW) or to instruments made under that Law, except to the extent that the Law and those instruments apply to the Regulatory Authority and the employees, decisions, actions and records of the Regulatory Authority—(a) the Government Sector Finance Act 2018,(b) the Ombudsman Act 1974,(c) the Government Sector Audit Act 1983,(3) However, Part 4 of the Children’s Guardian Act 2019 does apply in respect of approved education and care services under the Children (Education and Care Services) National Law (NSW).s 5: Am 2011 No 70, Sch 2.5 [1]; 2017 No 22, Sch 4.4 [1]; 2018 No 70, Sch 4.17[1] [2]; 2019 No 25, Sch 5.9; 2025 No 68, Sch 1[2] [3].
6 Application of State Records Act 1998
To avoid any doubt, it is declared that the State Records Act 1998 applies to the Regulatory Authority for this jurisdiction and its records.
7 Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction
In the Children (Education and Care Services) National Law (NSW)—child protection law means the following—(a) the Children and Young Persons (Care and Protection) Act 1998 and regulations made under that Act,(b) the Children’s Guardian Act 2019, Parts 6 and 8 and regulations made under the parts.de facto relationship means a relationship between 2 persons who are de facto partners of each other within the meaning of section 21C of the Interpretation Act 1987.means a council within the meaning of the Local Government Act 1993.magistrate means a Magistrate appointed under the Local Court Act 2007.means a public authority of the State, and includes a State owned corporation within the meaning of the State Owned Corporations Act 1989 and a subsidiary of a public authority or State owned corporation, but does not include a council, county council or joint organisation within the meaning of the Local Government Act 1993.registered teacher means a teacher who is accredited under the Institute of Teachers Act 2004.superior court means the Supreme Court of New South Wales.this jurisdiction means New South Wales.s 7: Am 2017 No 65, Sch 2.4; 2023 No 35, Sch 1.4.
8 Relevant tribunal or court
For the purposes of the definition of relevant tribunal or court in section 5 of the Children (Education and Care Services) National Law (NSW)—(a) the District Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of section 181 of that Law, and(b) the Civil and Administrative Tribunal is declared to be the relevant tribunal or court for this jurisdiction for the purposes of Part 8 of that Law.s 8: Am 2013 No 95, Sch 2.26.
9 Regulatory Authority
For the purposes of the definition of Regulatory Authority in section 5 of the Children (Education and Care Services) National Law (NSW), the Secretary of the Department of Education is declared to be the Regulatory Authority for this jurisdiction for the purposes of that Law.s 9: Subst 2011 No 70, Sch 2.5 [2]. Am 2017 No 22, Sch 4.4 [2].
10 Children’s services law
(1) For the purposes of the definition of children’s services law in section 5 of the Children (Education and Care Services) National Law (NSW), each of the following is declared to be a children’s services law for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW)—(b) the regulations made under that Act.(2) For the purposes of the definition of children’s services regulator in section 5 of the Children (Education and Care Services) National Law (NSW), the Secretary of the Department of Education is declared to be a children’s services regulator for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).s 10: Subst 2011 No 70, Sch 2.5 [3]. Am 2017 No 22, Sch 4.4 [2].
11 Education law
For the purposes of the definition of education law in section 5 of the Children (Education and Care Services) National Law (NSW), the following Acts and the regulations made under those Acts are declared to be an education law for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW)—(a) the Education Act 1990,(b) the Institute of Teachers Act 2004,(c) the Teaching Service Act 1980,s 11: Am 2011 No 70, Sch 2.5 [4].
12 Former education and care services law
For the purposes of the definition of former education and care services law in section 5 of the Children (Education and Care Services) National Law (NSW), the following provisions of the Children and Young Persons (Care and Protection) Act 1998 are declared to be a former education and care services law for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW)—(a) Chapters 12 and 12A of the Children and Young Persons (Care and Protection) Act 1998,(b) Chapters 1, 2, 15, 16 and 17 and Schedule 3 of the Children and Young Persons (Care and Protection) Act 1998 in so far as they relate to Chapters 12 and 12A of that Act,(c) the regulations made under the Children and Young Persons (Care and Protection) Act 1998 in so far as they relate to a provision referred to in paragraph (a) or (b).s 12: Am 2011 No 70, Sch 2.5 [5].
13 Infringements law
For the purposes of the definition of infringements law in section 5 of the Children (Education and Care Services) National Law (NSW), the Fines Act 1996 and the regulations made under that Act are declared to be an infringements law for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).
14 Public sector law
For the purposes of the definition of public sector law in section 5 of the Children (Education and Care Services) National Law (NSW), the Government Sector Employment Act 2013 and the regulations and rules made under that Act are declared to be a public sector law for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).s 14: Am 2017 No 22, Sch 4.4 [3].
15 Working with children law
For the purposes of the definition of working with children law in section 5 of the Children (Education and Care Services) National Law (NSW), the Child Protection (Working with Children) Act 2012 and the regulations made under that Act are declared to be a working with children law for the purposes of the Children (Education and Care Services) National Law (NSW).s 15: Am 2013 No 31, Sch 3.3.
16 Penalty at end of provision
In the Children (Education and Care Services) National Law (NSW), a penalty specified at the end of a provision indicates that a contravention of the provision is punishable on conviction by a penalty not more than the specified penalty.
17 Transitional
(1) For the purposes of the definition of declared approved family day care service in section 305 of the Children (Education and Care Services) National Law (NSW), a family day care children’s service that was an approved children’s service under Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 is declared to be a declared approved family day care service for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).(2) For the purposes of the definition of declared approved provider in section 305 of the Children (Education and Care Services) National Law (NSW), a person who was a licensed service provider under Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 is declared to be a declared approved provider for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).(3) For the purposes of the definition of declared approved service in section 305 of the Children (Education and Care Services) National Law (NSW), a children’s service that held a children’s service approval under Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 is declared to be a declared approved service for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).(4) For the purposes of the definition of declared certified supervisor in section 305 of the Children (Education and Care Services) National Law (NSW), a person who was an authorised supervisor under Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 is declared to be a declared certified supervisor for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).(5) For the purposes of the definition of declared compliance notice in section 305 of the Children (Education and Care Services) National Law (NSW), a compliance notice under Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 is declared to be a declared compliance notice for the purposes of the Children (Education and Care Services) National Law (NSW).(6) For the purposes of the definition of declared enforceable undertaking in section 305 of the Children (Education and Care Services) National Law (NSW), a written undertaking in force under section 219X of the Children and Young Persons (Care and Protection) Act 1998 is declared to be a declared enforceable undertaking for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).(7) For the purposes of the definition of declared nominated supervisor in section 305 of the Children (Education and Care Services) National Law (NSW), a person who was an authorised supervisor under Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 is declared to be a declared nominated supervisor for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).(8) For the purposes of the definition of declared out of scope service in section 305 of the Children (Education and Care Services) National Law (NSW), an out of school hours care service under the Children and Young Persons (Care and Protection) Act 1998 is declared to be a declared out of scope service for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).(9) For the purposes of the definition of former approval in section 305 of the Children (Education and Care Services) National Law (NSW), a children’s services approval under Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 is declared to be a former approval for this jurisdiction for the purposes of the Children (Education and Care Services) National Law (NSW).
17A Modification of transitional provisions
Section 316 of the Children (Education and Care Services) National Law (NSW) is taken to include the following provision, inserted as section 316(3)—(3) Subsection (1) also ceases to apply if—(a) the approved provider for the service does not nominate a declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority, or(b) the approved provider for the service nominates another declared nominated supervisor as the sole nominated supervisor for the education and care service within a time specified by the Regulatory Authority after being requested in writing to do so by the Regulatory Authority.s 17A: Ins 2011 No 70, Sch 2.5 [6].
Part 3 Miscellaneous
18 Application of Industrial Relations (Commonwealth Powers) Act 2009
An employee of the National Authority is not a State public sector employee for the purposes of the Industrial Relations (Commonwealth Powers) Act 2009.
19 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
20 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—this Act(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
21 Review of amendments made by amendment Act
(1) The NSW Minister must review the amendments made by the amendment Act to determine whether—(a) the policy objectives of the amendments remain valid, and(b) the terms of the amendments remain appropriate for achieving the objectives.(2) The review must be undertaken as soon as practicable after the period of 12 months from the date of assent to the amendment Act.(3) A report on the outcome of the review must be tabled in each House of Parliament within 2 years after the date of assent to the amendment Act.(4) In this section—amendment Act means the Children (Education and Care Services National Law Application) Amendment Act 2025.s 21: Subst 2025 No 68, Sch 1[5].
Schedule 1 Modification of Education and Care Services National Law
section 4(a)
[1] Section 3A
Insert after section 3—3A Paramount consideration [NSW](1) The protection of the rights and best interests of each child and the children attending education and care services must be the paramount consideration in giving effect to this Law, including in making decisions or otherwise exercising functions under this Law.(2) Without limiting subsection (1), the protection of the rights and best interests of each child and the children attending education and care services prevails over—(a) the financial interests of approved providers; and(b) other fiduciary duties owed by persons with management or control of education and care services.Note—This section is an additional NSW provision.
[1A] Section 4 How functions to be exercised
Omit “section 3”. Insert instead “sections 3 and 3A”.
[1C] Section 5 Definitions
Insert in alphabetical order in section 5(1)—emergency action notice means a notice under section 179;Note—This definition is an additional NSW provision.enforceable undertaking means an undertaking under section 179A;Note—This definition is an additional NSW provision.large child care provider—(a) has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; and(b) includes a person prescribed by the NSW regulations;Note—This definition is an additional NSW provision.NSW Minister means the Minister administering this Law as applying in New South Wales and includes a reference to another Minister who is acting on behalf of that Minister;Note—This definition is an additional NSW provision.NSW provision means—(a) a provision that forms part of this Law because of a modification made by the Children (Education and Care Services National Law Application) Act 2010; or(b) a NSW regulation;Note—This definition is an additional NSW provision.NSW regulation means a regulation made under section 301A;Note—This definition is an additional NSW provision., of an approved provider, means an entity that is—(a) a related provider under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth, section 4A(3); or(b) deemed by the Regulatory Authority to be a related provider under section 5B;Note—This definition is an additional NSW provision.
[1E] Section 5AA
Insert after section 5—5AA Meaning of “inappropriate conduct” in relation to child [NSW](1) In this Law, inappropriate conduct in relation to a child means conduct a reasonable person would consider to be inappropriate in an education and care service.(2) In deciding whether a reasonable person would consider conduct inappropriate in an education and care service, the following must be considered—(a) whether the conduct is expected practice in the provision of education and care services;(b) the child’s age and stage of development;(c) whether a child is likely to suffer emotional, psychological or physical harm as a result of the conduct;(d) the purpose of the conduct, including whether the conduct, in the circumstances in which the conduct occurs, could be considered sexual or violent.(3) In deciding whether conduct is inappropriate conduct in relation to a child, the following is irrelevant—(a) whether the child consents to the conduct;(b) whether the person engaging in the conduct believes the child consents to the conduct.(4) A child may be subjected to conduct that is inappropriate conduct—(a) in person, both directly and otherwise; orExample—conduct witnessed by a child(b) by communication, including—(i) verbal communication; and(ii) electronic communication received in real or close to real time; or(c) by electronic capture, including photography and recording; or(d) through a pattern of behaviour.Note—This section is an additional NSW provision.
[1F] Sections 5B and 5C
Insert after section 5A—5B Regulatory Authority may deem providers to be related providers [NSW]The Regulatory Authority may deem a provider to be a related provider of an approved provider if the provider—(a) shares one or more persons with management or control with the approved provider; or(b) shares a person who is not a person with management or control in common with the approved provider; or(c) owns part of the approved provider or receives dividends from the approved provider; or(d) meets the characteristics prescribed by the regulations.Note—This section is an additional NSW provision.5C Regulatory Authority’s functions and powers in relation to related providers [NSW](1) The Regulatory Authority has the same functions and powers under this Law in relation to a related provider of an approved provider as the Regulatory Authority has in relation to the approved provider.(2) For subsection (1), a reference in this Law to an approved provider is taken to include a reference to the related providers of the approved provider.Note—This section is an additional NSW provision.
[1G] Section 10 Application for provider approval
Omit section 10(1). Insert instead—(1) A person, other than the following persons, may apply to the Regulatory Authority for a provider approval—(a) a prescribed ineligible person;(b) a person who has, in the previous 12 months, received a notice under section 16 that the Regulatory Authority has refused to grant the person a provider approval, unless the Regulatory Authority has notified the person that the person may apply for a provider approval within 12 months after receiving the notice;(c) a person who has, in the previous 12 months, received a notice under section 50 that the Regulatory Authority has refused to grant the person a service approval, unless the Regulatory Authority has notified the person that the person may apply for a provider approval within 12 months after receiving the notice.Note—This subsection is a substituted NSW provision.
[1I] Section 19(4)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.Note—This penalty is a substituted NSW provision.
[1J] Section 19(5)
Insert after section 19(4)—(5) In this section—includes a related entity within the meaning of the Corporations Act 2001 of the Commonwealth.Note—This subsection is an additional NSW provision.
[1K] Section 31 Grounds for cancellation of provider approval
Insert at the end of the section—(2) The Regulatory Authority may also cancel a provider approval if the provider has ceased to operate or exist because the provider—(a) has been deregistered under the Corporations Act 2001 of the Commonwealth; or(b) is under administration or in liquidation; or(c) is an association whose registration has been cancelled under the Associations Incorporations Act 2009; or(d) has otherwise ceased to operate or exist.Note—This subsection is an additional NSW provision.
[1L] Section 32 Show cause notice before cancellation
Omit section 32(2)(c). Insert instead—(c) that the approved provider may give the Regulatory Authority a written response to the proposed cancellation—(i) for a proposed cancellation under section 31(1)—within 30 days after the notice is given; and(ii) for a proposed cancellation under section 31(2)—within 14 days after the notice is given.Note—This paragraph is a substituted NSW provision.
[1M] Section 36 Notice to parents of suspension or cancellation
Omit section 36(3), penalty. Insert instead—Penalty—(a) for an individual—$10,200; or(b) for a large child care provider—$154,800; or(c) otherwise—$51,600.Note—This penalty is a substituted NSW provision.
[1N] Section 43 Application for service approval
Omit section 43(1). Insert instead—(1) A person, other than the following persons, may apply to the Regulatory Authority for a service approval—(a) a person who has, in the previous 12 months, received a notice under section 16 that the Regulatory Authority has refused to grant the person a provider approval, unless the Regulatory Authority has notified the person that the person may apply for a service approval within 12 months after receiving the notice;(b) a person who has, in the previous 12 months, received a notice under section 50 that the Regulatory Authority has refused to grant the person a service approval, unless the Regulatory Authority has notified the person that the person may apply for a service approval within 12 months after receiving the notice.Note—This subsection is a substituted NSW provision.
[1O] Section 51 Conditions on service approval
Omit section 51(8), penalty. Insert instead—Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.Note—This penalty is a substituted NSW provision.
[1P] Section 68 Confirmation of transfer
Omit section 68(1), penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[1Q] Section 69 Notice to parents
Omit section 69(1), penalty. Insert instead—Penalty—(a) for an individual—$10,200; or(b) for a large child care provider—$154,800; or(c) otherwise—$51,600.Note—This penalty is a substituted NSW provision.
[1R] Section 84 Notice to parents of suspension or cancellation
Omit section 84(3), penalty. Insert instead—Penalty—(a) for an individual—$10,200; or(b) for a large child care provider—$154,800; or(c) otherwise—$51,600.Note—This penalty is a substituted NSW provision.
[1S] Section 87 Application for service waiver for service
Insert “or NSW regulations” after “national regulations” in section 87(1).
[1T] Section 87(1)
Insert at the end of the subsection—Note—This subsection is a modified NSW provision.
[1U] Section 90 Matters to be considered
Insert after section 90(a)—(a1) whether special circumstances disclosed in the application reasonably justify the grant of the service waiver; andNote—This paragraph is an additional NSW provision.
[1V] Section 91 Decision on application
Omit section 91(4). Insert instead—(4) If a service waiver is granted, the service waiver is subject to the following conditions—(a) that the approved education and care service provider must disclose the fact that the service waiver is in force to the families of children to whom education and care is provided by the service;(b) any other conditions placed on the service waiver by the Regulatory Authority, including any condition limiting the use of the service waiver.Note—This subsection is a substituted NSW provision.
[1W] Section 103 Offence to provide an education and care service without approval
Omit section 103(1), penalty. Insert instead—Penalty—(a) for an individual—$68,700; or(b) for a large child care provider—$1,034,100; or(c) otherwise—$344,700.Note—This penalty is a substituted NSW provision.
[1X] Section 103(3)
Insert after section 103(2)—(3) For subsection (1), an education and care service is taken not to be an approved education and care service during any period in which the service approval for the education and care service is suspended.Note—This subsection is an additional NSW provision.
[1Y] Section 103A Offence relating to places where education and care is provided as part of a family day care service
Omit the penalty. Insert instead—Penalty—(a) for an individual—$68,700; or(b) for a large child care provider—$1,034,100; or(c) otherwise—$344,700.Note—This penalty is a substituted NSW provision.
[1Z] Section 104 Offence to advertise education and care service without service approval
Omit section 104(1), penalty. Insert instead—Penalty—(a) for an individual—$20,400; or(b) for a large child care provider—$309,600; or(c) otherwise—$103,200.Note—This penalty is a substituted NSW provision.
[1ZA] Section 104(3)
Insert after section 104(2)—(3) For subsection (1), an education and care service is taken not to be an approved education and care service during any period in which the service approval for the education and care service is suspended.Note—This subsection is an additional NSW provision.
[1ZB] Section 134 Rating levels
Insert after section 134(2)—(3) Despite subsection (2), the Regulatory Authority may give an education and care service operating in this jurisdiction the highest rating level prescribed by the national regulations.Note—This subsection is an additional NSW provision.
[1ZC] Section 135 Rating of approved education and care service
Omit “(other than the highest rating level)” from section 135(1).
[1ZD] Section 135(1)
Insert at the end of the subsection—Note—This subsection is a modified NSW provision.
[1ZE] Section 138A
Insert after section 138—138A Regulatory Authority may suspend or revoke rating of approved education and care services [NSW](1) This section applies if the Regulatory Authority is investigating an approved education and care service under this Law.(2) The Regulatory Authority may, if the Regulatory Authority is satisfied it is in the public interest, suspend the approved education and care service’s rating level while the investigation is being conducted.(3) On or as soon as practicable after the conclusion of the investigation, the Regulatory Authority may—(a) revoke the approved education and care service’s rating level if the Regulatory Authority considers the revocation necessary or appropriate; and(b) re-rate the approved education and care service against the National Quality Standard or the national regulations.Note—This section is an additional NSW provision.
[1ZF] Section 140A
Insert after section 140—140A Application of division to education and care service with highest rating level [NSW]To avoid doubt, the Regulatory Authority may reassess, suspend or revoke the rating level for an education and care service even if the rating level is the highest rating level prescribed by the national regulations.Note—This section is an additional NSW provision.
[1ZG] Section 161 Offence to operate education and care service without nominated supervisor
Omit the penalty. Insert instead—Penalty—(a) for an individual—$17,100; or(b) for a large child care provider—$258,300; or(c) otherwise—$86,100.Note—This penalty is a substituted NSW provision.
[1ZH] Section 161A Offence for nominated supervisor not to meet prescribed minimum requirements
Omit the penalty. Insert instead—Penalty—(a) for an individual—$17,100; or(b) for a large child care provider—$258,300; or(c) otherwise—$86,100.Note—This penalty is a substituted NSW provision.
[1ZI] Section 162 Offence to operate education and care service unless responsible person is present
Omit section 162(1), penalty. Insert instead—Penalty—(a) for an individual—$17,100; or(b) for a large child care provider—$258,300; or(c) otherwise—$86,100.Note—This penalty is a substituted NSW provision.
[1ZK] Section 163 Offence relating to appointment or engagement of family day care co-ordinators
Omit section 163(1), penalty. Insert instead—Penalty—(a) for an individual—$17,100; or(b) for a large child care provider—$258,300; or(c) otherwise—$86,100.Note—This penalty is a substituted NSW provision.
[1ZL] Section 164 Offence relating to assistance to family day care educators
Omit section 164(1), penalty. Insert instead—Penalty—(a) for an individual—$17,100; or(b) for a large child care provider—$258,300; or(c) otherwise—$86,100.Note—This penalty is a substituted NSW provision.
[1ZM] Section 164A Offence relating to the education and care of children by family day care service
Omit section 164A(1), penalty. Insert instead—Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.Note—This penalty is a substituted NSW provision.
[1ZN] Section 164A(2)
Omit the penalty. Insert instead—Penalty—$6,600.Note—This penalty is a substituted NSW provision.
[1ZO] Section 165 Offence to inadequately supervise children
Omit section 165(1), penalty. Insert instead—Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.Note—This penalty is a substituted NSW provision.
[1ZP] Section 165(2)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[1ZQ] Section 165(3)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[1ZR] Section 166 Offence to use inappropriate discipline
Omit section 166(1), penalty. Insert instead—Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.Note—This penalty is a substituted NSW provision.
[1ZS] Section 166(2)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[1ZT] Section 166(3)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[1ZU] Section 166(4)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[1ZV] Section 166A
Insert after section 166—166A Offence to subject child to inappropriate conduct [NSW](1) The approved provider of an education and care service must ensure that no child being educated and cared for by the service is subjected to inappropriate conduct.Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.(2) A nominated supervisor of an education and care service must ensure that no child being educated and cared for by the service is subjected to inappropriate conduct.Penalty— $34,200.(3) A staff member of, or a volunteer at, an education and care service must not subject any child being educated and cared for by the service to inappropriate conduct.Penalty— $34,200.(4) A family day care educator must not subject any child being educated and cared for by the educator as part of a family day care service to inappropriate conduct.Penalty— $34,200.Note—This section is an additional NSW provision.
[1ZW] Section 167 Offence relating to protection of children from harm and hazards
Omit section 167(1), penalty. Insert instead—Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.Note—This penalty is a substituted NSW provision.
[1ZX] Section 167(2)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[1ZY] Section 167(3)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[1ZZ] Section 168 Offence relating to required programs
Omit section 168(1), penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[1ZZA] Section 168(2)
Omit the penalty. Insert instead—Penalty—$13,500.Note—This penalty is a substituted NSW provision.
[1ZZB] Section 169 Offence relating to staffing arrangements
Omit section 169(1), penalty. Insert instead—Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.Note—This penalty is a substituted NSW provision.
[1ZZC] Section 169(2)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.Note—This penalty is a substituted NSW provision.
[1ZZD] Section 169(3)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[1ZZE] Section 169(4)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[1ZZF] Section 169(5)
Omit the penalty. Insert instead—Penalty—$34,200.Note—This penalty is a substituted NSW provision.
[2] Section 170 Offence relating to unauthorised persons on education and care service premises
Omit section 170(2)(b). Insert instead—(b) the person—(i) is under the direct supervision of an educator or other staff member of the service; and(ii) is not a person who has applied for but has not yet been granted a working with children check clearance under a working with children law.Note—This is a substituted NSW provision.
[2A] Section 170(2)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$3,300; or(b) for a large child care provider—$51,300; or(c) otherwise—$17,100.Note—This penalty is a substituted NSW provision.
[2B] Section 170(3)
Omit the penalty. Insert instead—Penalty—$3,300Note—This penalty is a substituted NSW provision.
[2C] Section 170(4)
Omit the penalty. Insert instead—Penalty—$3,300.Note—This penalty is a substituted NSW provision.
[3] Section 170(5), definition of “authorised person”, paragraph (a)
Omit the paragraph. Insert instead—(a) a person who holds a current working with children check clearance under a working with children law but does not include a person who has applied for but not yet been granted a working with children check clearance under that law; orNote—This is a substituted NSW provision.
[4] Section 170(5), definition of “authorised person”, paragraph (e)
Omit the paragraph. Insert instead—(e) a person who is exempt under a working with children law of this jurisdiction from the requirement to hold a working with children check clearance under that law.Note—This is a substituted NSW provision.
[4A] Section 171 Offence relating to direction to exclude inappropriate persons from education and care service premises
Omit section 171(2), penalty. Insert instead—Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.Note—This penalty is a substituted NSW provision.
[4B] Section 172 Offence to fail to display prescribed information
Omit section 172(1), penalty. Insert instead—Penalty—(a) for an individual—$10,200; or(b) for a large child care provider—$154,800; or(c) otherwise—$51,600.Note—This penalty is a substituted NSW provision.
[4C] Section 172(2)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$10,200; or(b) for a large child care provider—$154,800; or(c) otherwise—$51,600.Note—This penalty is a substituted NSW provision.
[4D] Section 172(3) and (4)
Insert after section 172(2)—(3) An approved provider of an education and care service must ensure the approved provider’s quality and compliance history for the education and care service provided by the approved provider is—(a) displayed, in the form approved by the Regulatory Authority, at the education and care services premises in accordance with the NSW regulations; and(b) published in the way prescribed by the NSW regulations or decided by the Regulatory Authority.(4) In this section—quality and compliance history means the information prescribed by the NSW regulations.Note—Subsections (3) and (4) are additional NSW provisions.
[4E] Section 173 Offence to fail to notify certain circumstances to Regulatory Authority
Omit section 173(1), penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[4F] Section 173(2)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[4G] Section 174 Offence to fail to notify certain information to Regulatory Authority
Omit section 174(1), penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[4H] Section 174(2)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[4I] Section 174A Family day care educator to notify certain information to approved provider
Omit the penalty. Insert instead—Penalty—$6,600.Note—This penalty is a substituted NSW provision.
[4J] Sections 174AA and 174AB
Insert after section 174A—174AA Educators and other staff members of education and care service to notify certain information [NSW](1) An educator or other staff member of an education and care service must, within the relevant period after either of the following events happening, give the approved provider of the education and care service for which the educator or other staff member provides education and care to children written notice of the event—(a) a negative notice in relation to the educator or other staff member;(b) a change in relation to the educator’s accreditation or registration as a teacher.Penalty— $13,500.(2) In this section—negative notice, in relation to a person, means any of the following—(a) becoming a disqualified person under the Child Protection (Working with Children) Act 2012;(b) notice that the person is subject to an interim bar under the Child Protection (Working with Children) Act 2012;(c) notice of a refusal of an application for a working with children check clearance under the Child Protection (Working with Children) Act 2012;(d) notice of a cancellation of a working with children check clearance under the Child Protection (Working with Children) Act 2012;(e) a mutual recognition negative notice within the meaning of the Child Protection (Working with Children) Act 2012, section 25A;relevant period, in relation to an event, means the earlier of the following—(a) 72 hours after the event happens;(b) 24 hours after becoming aware of the event happening.Note—This section is an additional NSW provision.174AB Approved provider must notify Regulatory Authority of event under section 174AA [NSW](1) This section applies if an approved provider becomes aware of an event mentioned in section 174AA(1)(a) or (b) in relation to an educator or other staff member, whether because the approved provider is notified under section 174AA or otherwise.(2) The approved provider must, within 24 hours after becoming aware of the event, give the Regulatory Authority written notice of the event.Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.(3) The Regulatory Authority must, within 24 hours after receiving a written notice under subsection (2) about an event, notify the Children’s Guardian of the event.Note—This section is an additional NSW provision.
[4K] Section 175 Offence relating to requirement to keep enrolment and other documents
Omit section 175(1), penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[4L] Section 175(3)
Omit the penalty. Insert instead—Penalty—$13,500.Note—This penalty is a substituted NSW provision.
[4M] Section 176 Compliance directions
Omit section 176(3), penalty. Insert instead—Penalty—(a) for an individual—$6,600; or(b) for a large child care provider—$102,600; or(c) otherwise—$34,200.Note—This penalty is a substituted NSW provision.
[4N] Section 177 Compliance notices
Omit section 177(3), penalty. Insert instead—Penalty—(a) for an individual—$20,400; or(b) for a large child care provider—$309,600; or(c) otherwise—$103,200.Note—This penalty is a substituted NSW provision.
[4P] Section 179 Emergency action notices
Omit section 179(3), penalty. Insert instead—Penalty—(a) for an individual—$20,400; or(b) for a large child care provider—$309,600; or(c) otherwise—$103,200.Note—This penalty is a substituted NSW provision.
[4R] Section 187 Person must not contravene prohibition notice
Omit section 187(1), penalty. Insert instead—Penalty—$68,700.Note—This penalty is a substituted NSW provision.
[4S] Section 187(2)
Omit the penalty. Insert instead—Penalty—$68,700.Note—This penalty is a substituted NSW provision.
[4T] Section 188 Offence to engage person to whom prohibition notice applies
Omit section 188(1), penalty. Insert instead—Penalty—(a) for an individual—$68,700; or(b) for a large child care provider—$1,034,100; or(c) otherwise—$344,700.Note—This penalty is a substituted NSW provision.
[4U] Section 188(2)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$68,700; or(b) for a large child care provider—$1,034,100; or(c) otherwise—$344,700.Note—This penalty is a substituted NSW provision.
[4V] Section 188(3)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$68,700; or(b) for a large child care provider—$1,034,100; or(c) otherwise—$344,700.Note—This penalty is a substituted NSW provision.
[4W] Section 188A
Omit the section. Insert instead—188A False or misleading information about certain notices [NSW](1) A person who is subject to a relevant notice under this Law must not give any of the following persons information about the content or existence of the relevant notice that is false or misleading in a material particular—(a) an approved provider;(b) an approved education and care service;(c) a recruitment agency or labour hire agency that supplies persons involved in the provision of an approved education and care service.Penalty—$20,400.(2) For subsection (1), a person involved in the provision of an approved education and care service has the same meaning as in section 182(2).(3) In this section—relevant notice means the following—(a) a suspension notice;(b) a supervision notice;(c) a prohibition notice.Note—This section is a substituted NSW provision.
[4ZA] Section 190(2)
Insert at the end of section 190—(2) However, the following decisions are not reviewable decisions if made on the grounds the person or education and care service the subject of the decision poses an unacceptable risk to the safety of children—(a) a decision to cancel a provider approval under section 31(1)(b);(b) a decision to refuse to grant a service approval under section 49(1)(a);(c) a decision to cancel a service approval under section 77(a).Note—This subsection is an additional NSW provision.
[4ZB] Section 191 Internal review of reviewable decisions
Insert after section 191(2)—(2A) An application under subsection (1) does not stay the operation of the reviewable decision.Note—This subsection is an additional NSW provision.
[4ZC] Section 192 Reviewable decision—external review
Omit section 192(b)(vi). Insert instead—(vi)Note—Subparagraph (vi) has been omitted as a NSW modification.
[5] Section 192 Reviewable decision—external review
Omit “educator; or” from section 192(b)(vi). Insert instead “educator.”.
[6] Section 192(b)(vii)
Omit the subparagraph. Insert instead—(vii)Note—Subparagraph (vii) has been omitted as a NSW modification.
[7] Section 192(2)
Insert at the end of section 192, before the note—(2) However, the following decisions are not reviewable decisions for external review if made on the grounds the person or education and care service the subject of the decision poses an unacceptable risk to the safety of children—(a) a decision to cancel a provider approval under section 31(1)(b);(b) a decision to refuse to grant a service approval under section 49(1)(a);(c) a decision to cancel a service approval under section 77(a).Note—This subsection is an additional NSW provision.
[8] Section 196 Identity card
Omit section 196(3), penalty. Insert instead—Penalty—$3,300.Note—This penalty is a substituted NSW provision.
[9] Section 196(5)
Omit the penalty. Insert instead—Penalty—$3,300.Note—This penalty is a substituted NSW provision.
[12] Section 206 Power of authorised officers to obtain information documents and evidence
Omit section 206(4). Insert instead—(4) In this section—specified person means—(a) a person who is or has been involved in the provision of an approved education and care service within the meaning of section 182(2); or(b) a recruitment agency or labour hire agency, or an employee of a recruitment agency or labour hire agency, that supplies educators to education and care services.Note—This subsection is an additional NSW provision.
[13] Section 207 Offence to obstruct authorised officer
Omit the penalty. Insert instead—Penalty—(a) for an individual—$27,300; or(b) for a large child care provider—$413,100; or(c) otherwise—$137,700.Note—This penalty is a substituted NSW provision.
[14] Section 208 Offence to assist authorised officer
Omit the penalty. Insert instead—Penalty—(a) for an individual—$27,300; or(b) for a large child care provider—$413,100; or(c) otherwise—$137,700.Note—This penalty is a substituted NSW provision.
[15] Section 209 Offence to destroy or damage notices or documents
Omit the penalty. Insert instead—Penalty—(a) for an individual—$27,300; or(b) for a large child care provider—$413,100; or(c) otherwise—$137,700.Note—This penalty is a substituted NSW provision.
[16] Section 210 Offence to impersonate authorised officer
Omit the penalty. Insert instead—Penalty—$27,300.Note—This penalty is a substituted NSW provision.
[17] Section 217 Offence to fail to comply with notice or requirement
Omit the penalty. Insert instead—Penalty—(a) for an individual—$27,300; or(b) for a large child care provider—$413,100; or(c) otherwise—$137,700.Note—This penalty is a substituted NSW provision.
[18] Section 218 Offence to hinder or obstruct Regulatory Authority
Omit the penalty. Insert instead—Penalty—(a) for an individual—$27,300; or(b) for a large child care provider—$413,100; or(c) otherwise—$137,700.Note—This penalty is a substituted NSW provision.
[20] Part 10A
Insert after section 223—Part 10A Functions and powers of Minister [NSW]Note—This part is an additional NSW provision.223A NSW Minister may issue guidelines [NSW]The NSW Minister may issue guidelines about any matter relating to the delivery of education and care services to children in New South Wales, including in relation to the following—(a) best practice for early childhood education;(b) guidance about standards for ensuring approved providers provide services that are fit for purpose;(c) disciplinary proceedings.223B NSW Minister may give directions [NSW](1) The NSW Minister may, by order, direct relevant persons to take specified action to prioritise the safety, welfare or wellbeing of children attending education and care services operated by the relevant persons.(2) The NSW Minister may give a direction under this section only if—(a) the NSW Minister believes on reasonable grounds giving the direction is necessary to prevent unacceptable risk to the safety of a child or children; and(b) the NSW Minister has consulted, and considered any advice given by, the Regulatory Authority.(3) A direction under this section takes effect on the later of the following—(a) when the order giving the direction is made by the Minister;(b) the date specified in the order.(4) Notice of the giving of a direction under this section may be given to the relevant persons to whom it applies in the way the Minister considers appropriate including, for example, by electronic means or publication in the media or on a Government website.(5) A relevant person to whom a direction under this section applies must not contravene the direction.Penalty—(a) for an individual—$55,000; or(b) for a large child care provider—$903,150; or(c) otherwise—$301,050.(6) In this section—relevant persons means persons involved in the provision of an approved education and care service within the meaning of section 182(2).
[21] Sections 261A and 261B
Insert after section 261—261A Power of Regulatory Authority to give directions [NSW](1) The Regulatory Authority may, by order, direct relevant persons to take action specified in the order for the safety, welfare or wellbeing of a child or children to whom education and care is provided by the relevant persons.(2) The Regulatory Authority may give a direction under this section only if the Regulatory Authority has reasonable grounds to believe giving the direction is necessary to prevent unacceptable risk to the safety, welfare or wellbeing of a child or children to whom education and care is provided by the relevant persons.(3) A direction under this section takes effect on the later of the following—(a) when the order giving the direction is made by the Regulatory Authority;(b) the date specified in the order.(4) Notice of the giving of a direction under this section may be given to the relevant persons to whom it applies in the way the Regulatory Authority considers appropriate including, for example, by electronic means or publication in the media or on a Government website.(5) A relevant person to whom a direction under this section applies must not contravene the direction.Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,000; or(c) otherwise—$172,000.(6) In this section—relevant persons means the following persons—(a) persons involved in the provision of an approved education and care service within the meaning of section 182(2);(b) recruitment agencies or labour hire agencies, or employees of recruitment agencies or labour hire agencies, that supply educators to education and care services.Note—This section is an additional NSW provision.261B Ministerial control of Regulatory Authority [NSW](1) The Regulatory Authority is subject to the direction and control of the NSW Minister in relation to the following—(a) policies to be applied by the Regulatory Authority in exercising functions and powers under this Law;(b) other systemic matters relating to the Regulatory Authority’s exercise of functions and powers under this Law.(2) To avoid doubt, the Regulatory Authority is not subject to the direction and control in relation to—(a) the contents of any advice, report or recommendation given to the NSW Minister; or(b) decisions about particular persons, matters or things including the following—(i) decisions about whether to grant, suspend, cancel or take other action in relation to particular approvals;(ii) decisions about instituting criminal or disciplinary proceedings in particular cases.(3) However, subsection (2)(b) does not prevent the Minister giving a direction to, or in relation to, a particular person, matter or thing under section 223B.Note—This section is an additional NSW provision.
[22] Section 269 Register of family day care educators, co ordinators and assistants
Omit section 269(1), penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[23] Section 269(2)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$6,600; or(b) for a large child care provider—$102,600; or(c) otherwise—$34,200.Note—This penalty is a substituted NSW provision.
[24] Section 269(3)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[25] Section 269(4)
Omit the penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[26] Section 270 Publication of information
Omit section 270(5) and (6). Insert instead—(5) The Regulatory Authority may publish information about enforcement action taken, or being taken, under this Law, including details about any of the following—(a) compliance directions and compliance notices;(b) suspension notices;(c) supervision notices;(d) disciplinary proceedings, including disciplinary agreements and disciplinary orders, and disciplinary notices;(e) prosecutions for offences against this Law;(f) enforceable undertakings;(g) emergency action notices;(h) amendments of provider approvals or service approvals for enforcement purposes;(i) the suspension or cancellation of provider approvals or service approvals;(j) infringement notices;(k) the emergency removal of children under Part 7, Division 4;(l) directions under section 171 to exclude persons from education and care services premises;(m) directions under section 178 to suspend persons involved in the provision of an approved education and care service;(n) prohibition notices.(6) The information the Regulatory Authority may publish under subsection (5) about enforcement action—(a) includes the following—(i) information about the nature of enforcement action taken and the outcome of the enforcement action;(ii) details of persons in relation to whom enforcement action has been taken;(iii) the reason for taking enforcement action, including details of the breach or alleged breach;(iv) other information prescribed by regulations made under this subsection; but(b) does not include information that may identify, or lead to the identification of, a child.Note—Subsections (5) and (6) are substituted NSW provisions.(7) The Regulatory Authority must not publish the name of an educator being investigated during the period of the investigation unless the Regulatory Authority is satisfied publishing the name is in the public interest.Note—This subsection is an additional NSW provision.
[27] Section 270A
Insert after section 270—270A Protection from liability for publications under section 270 [NSW](1) This section applies if a protected person, in good faith—(a) publishes information in the exercise of functions under section 270; or(b) republishes information published under section 270.(2) The protected person is not liable, civilly, criminally or administratively, for the publication or republication of the information.(3) Without limiting subsection (2), no liability for defamation is incurred by the protected person because of the publication or republication of the information.(4) In this section—protected person means—(a) the Minister; or(b) the Regulatory Authority; or(c) the proprietor, editor or publisher of a newspaper; or(d) the proprietor or broadcaster of a radio or television station or the producer of a radio or television show; or(e) an internet service provider or internet content host; or(f) a member of staff of, or a person acting at the direction of, a person referred to in this definition; or(g) a person, or a person belonging to a class of persons, prescribed by the NSW regulations.Note—This section is an additional NSW provision.
[28] Section 272 Disclosure of information to education and care services
Omit “At the request of an approved provider, the” from section 272(1).Insert instead “The”.
[29] Section 272(1)
Omit “to the provider”. Insert instead “to an approved provider”.
[30] Section 272(1)(a)–(e)
Omit section 272(1)(a) and (b). Insert instead—(a) whether a person is or has been subject to a prohibition notice;(b) whether a person is or has been subject to a suspension notice;Note—Paragraphs (a) and (b) are substituted NSW provisions.(c) whether a person is or has been subject to a supervision notice;(d) whether a person is or has been subject to an enforceable undertaking;(e) whether a person is or has been subject to a disciplinary agreement or disciplinary order or has been given a disciplinary notice.Note—Paragraphs (c)–(e) are additional NSW provisions.
[31] Section 272(1)
Insert at the end of the subsection—Note—This subsection is a modified NSW provision.
[32] Section 272(2)
Omit “this section”. Insert instead “subsection (1)”.
[33] Section 272(3)
Insert after section 272(2)—(3) The Regulatory Authority may disclose the following information to a recruitment agency or labour hire agency about a person the agency supplies or offers to supply to education and care services—(a) whether the person is or has been subject to a disciplinary notice;(b) whether the person is or has been subject to a supervision notice;(c) whether the person is or has been subject to an enforceable undertaking;(d) whether the person is or has been subject to a prohibition notice;(e) whether the person is or has been subject to a disciplinary agreement or disciplinary order or has been given a disciplinary notice.Note—This subsection is an additional NSW provision.
[34] Section 273 Duty of confidentiality
Omit section 273(1), penalty. Insert instead—Penalty—$17,100.Note—This penalty is a substituted NSW provision.
[36] Section 284
Omit the section. Insert instead—284 When proceedings may be brought [NSW](1) Subject to section 181(6) and subsection (2), proceedings for an offence under this Law must be commenced within 2 years after the later of the following—(a) the Regulatory Authority becoming aware of the alleged offence;(b) the commencement of this section.(2) If the Regulatory Authority is required to suspend taking action in relation to the alleged offence under this Law because of a concurrent investigation or proceedings in relation to or involving matters connected with or incidental to the same conduct under another Act, proceedings for the offence under this Law must be commenced within 2 years after any proceedings in relation to the conduct under the other Act have been finalised.Note—This section is a substituted NSW provision.
[37] Section 287A
Insert after section 287—287A Additional orders [NSW](1) This section applies if—(a) a court convicts an offender of an offence against the following—(i) this Law;(ii) the national regulations;(iii) the NSW regulations; or(b) a court makes an order under the Crimes (Sentencing Procedure) Act 1999, section 10 against an offender in relation to an offence against the following—(i) this Law;(ii) the national regulations;(iii) the NSW regulations; or(c) the independent arbiter makes a disciplinary order in relation to a person in relation to an offence against the following—(i) this Law;(ii) the national regulations;(iii) the NSW regulations.(2) The court or independent arbiter may, in addition to any penalty or other disciplinary action that may be imposed or any other action taken in relation to the penalty, order the offender to take specified action to publicise—(a) the offence, including the circumstances of the offence; and(b) the consequences of the offence.Note—See the Children (Criminal Proceedings) Act 1987, section 15A, which provides for a prohibition on the publishing and broadcasting of names in connection with criminal proceedings if the publishing or broadcasting would connect a child with the criminal proceedings.Note—This section is an additional NSW provision.
[38] Section 291 Infringement offences
Insert before section 291(1)(a)—(a1) sections 19(4), 36(3), 51(8), 68(1), 69(1), 84(3), 161, 161A, 162(1), 163(1), 164A(1) and (2), 169(1)–(5), 170(2)–(4), 171(2), 174(1) and (2), 175(1) and (3), 177(3), 178(6) and (7), 179(3), 217 and 261A(5); orNote—This paragraph is an additional NSW provision.
[39] Section 291(1)(c)
Omit “this section.” from section 291(1)(b).Insert instead—this section; or(c) offences against the national regulations that are prescribed by the NSW regulations for this section.Note—This paragraph is an additional NSW provision.
[40] Section 291(5)
Omit the subsection. Insert instead—(5) The NSW regulations may provide for matters relating to infringement offences, including—(a) prescribing additional offences as infringement offences; and(b) modifying the maximum infringement penalties for offences; and(c) prescribing offences as disciplinary notice offences; and(d) providing for the maximum penalties for disciplinary notice offences.Note—This subsection is a substituted NSW provision.
[42] Section 295 False or misleading information or documents
Omit section 295(1), penalty. Insert instead—Penalty—(a) for an individual—$20,400; or(b) for a large child care provider—$309,600; or(c) otherwise—$103,200.Note—This penalty is a substituted NSW provision.
[44] Part 14, Division 7
Omit the division. Insert instead—Division 7 Serious detrimental action [NSW]Note—This division is a substituted NSW provision.Subdivision 1 Preliminary [NSW]296 Definitions [NSW]In this division—detriment, to a person, means disadvantage to the person including the following—(a) injury, damage or loss caused to the person;(b) damage caused to the person’s property;(c) damage caused to the person’s reputation;(d) intimidation, bullying or harassment;(e) unfavourable treatment in relation to the person’s career, profession, employment or trade;(f) discrimination, prejudice or adverse treatment, whether in relation to employment or otherwise;(g) disciplinary proceedings or disciplinary action;manager, of an approved provider or approved education and care service, means a person, however described, who is responsible for controlling or administering either of the following—(a) the approved provider or approved education and care service;(b) the staff of the approved provider or approved education and care service;protected disclosure—see section 297;serious detrimental action—see section 298;serious detrimental action offence means an offence against section 299.297 Meaning of “protected disclosure” [NSW](1) In this division, a protected disclosure means a disclosure of information or provision of documents—(a) to the Regulatory Authority in compliance with a request under, or otherwise in accordance with, this Law; or(b) to the Regulatory Authority or to a manager of an approved provider or approved education and care service, if the person making the disclosure honestly, and on reasonable grounds, believes the disclosure shows or tends to show—(i) an offence against this Law has been or is being committed; or(ii) the safety, health or wellbeing of a child or children being educated and cared for by an education and care service is at risk.(2) A disclosure is not a protected disclosure if the information disclosed or documents provided—(a) relate only to a grievance about a matter relating to the employment or former employment of an individual; and(b) do not have significant implications beyond matters personally affecting or tending to personally affect the individual.(3) However, subsection (2) does not apply if the grievance arises from—(a) a decision made by an approved provider or approved education and care service in dealing with a previous protected disclosure; or(b) alleged detrimental action relating to a previous protected disclosure.298 Meaning of “serious detrimental action” [NSW](1) In this division, serious detrimental action against a person means an act or omission causing, comprising, involving or encouraging—(a) detriment to the person; or(b) the threat of detriment to the person, whether express or implied.(2) To avoid doubt, the following actions are not serious detrimental action for this division—(a) lawful action taken by a person or body to investigate a possible contravention of this Law;(b) prosecuting a person for a criminal offence;(c) referring a matter about a person to the independent arbiter;(d) making a disciplinary agreement or disciplinary order in relation to a person;(e) giving a disciplinary notice to a person.Subdivision 2 Serious detrimental action offences [NSW]299 Detrimental action offences [NSW](1) A person must not take detrimental action against another person if—(a) the person suspects, believes or is aware, when taking the detrimental action, that the other person or a third person has made, may have made, may make or proposes to make a protected disclosure; and(b) the suspicion, belief or awareness is a contributing factor to the taking of the detrimental action.Penalty—(a) for an individual—$34,200; or(b) for a large child care provider—$516,600; or(c) otherwise—$172,200.(2) The fact the suspicion or belief was mistaken is not a defence to a prosecution for a detrimental action offence.(3) In a prosecution for a detrimental action offence, the accused bears the onus of proving, in relation to detrimental action established by the prosecution to have been taken by the accused—(a) the accused did not have the suspicion, belief or awareness mentioned in subsection (1)(a); or(b) if the accused had the suspicion, belief or awareness—the suspicion, belief or awareness was not a contributing factor to the taking of the detrimental action.300 Serious detrimental action—recovery of damages [NSW](1) A person who takes serious detrimental action against another person is liable in damages under this section for injury, damage or loss suffered as a result by the other person or a third person if—(a) the person suspects, believes or is aware, when taking the serious detrimental action, that any person has made, may have made, may make or proposes to make a protected disclosure; and(b) the suspicion, belief or awareness is a contributing factor to the taking of the serious detrimental action.(2) The damages may be recovered in a court of competent jurisdiction.(3) The person’s liability is not affected by the fact the suspicion or belief was mistaken.(4) In proceedings under this section, the defendant bears the onus of proving, in relation to serious detrimental action established by the plaintiff to have been taken by the defendant—(a) the defendant did not have the suspicion, belief or awareness mentioned in subsection (1)(a); or(b) if the defendant had the suspicion, belief or awareness—the suspicion, belief or awareness was not a contributing factor to the taking of the serious detrimental action.(5) Damages recovered under this section may include damages in the nature of exemplary damages.(6) A person’s entitlement to recover damages under this section—(a) does not affect another right or remedy available to the person as a result of the relevant serious detrimental action; and(b) does not constitute redress in relation to dismissal from employment for the Industrial Relations Act 1996, section 90 or another law.(7) To avoid doubt, liability under this section is not liability in tort.300A Injunctions relating to serious detrimental action [NSW](1) The Supreme Court may, on the application of a person who believes serious detrimental action has been taken or may be taken against the person, grant an injunction relating to the commission or possible commission of a serious detrimental action offence.(2) The terms of the injunction may—(a) restrain a person from engaging in conduct that would constitute a serious detrimental action offence; or(b) require a person to do an act or thing to remedy conduct that constitutes a serious detrimental action offence.(3) An injunction restraining a person from engaging in conduct that would constitute a serious detrimental action offence may be granted—(a) whether or not the person has previously engaged in conduct of that kind; and(b) whether or not it appears to the Supreme Court the person intends to continue to engage in conduct of that kind; and(c) whether or not there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind.(4) To avoid doubt, an injunction granted under this section may—(a) require a formal apology to be made to a person against whom serious detrimental action has been taken; or(b) restrain serious detrimental action comprising an attempt to terminate a person’s employment in a particular position or role; or(c) require the reinstatement in the same or a substantially similar position or role of a person against whom serious detrimental action comprising termination of employment in a particular position or role has been taken.(5) An injunction granted in the terms specified in subsection (4)(c) must be complied with despite an inconsistent provision in another Act or law.(6) The Supreme Court may grant an interim injunction pending determination of an application under this section.(7) The Supreme Court may not require an undertaking as to damages as a condition of granting the interim injunction.(8) The Supreme Court may discharge or vary an injunction or interim injunction granted under this section.300B Immunity from costs orders [NSW](1) A person who institutes proceedings under section 300 or 300A is not liable to pay costs incurred by another party to the proceedings unless—(a) the person instituted the proceedings vexatiously or without reasonable cause; or(b) the person’s unreasonable act or omission caused the other party to incur the costs.(2) The other party bears the onus of satisfying the court of the matters specified in subsection (1).300C Serious detrimental action—relationship between criminal and civil proceedings [NSW]A person may institute proceedings under section 300 or 300A even if—(a) no prosecution has been brought in relation to the relevant serious detrimental action; or(b) the person against whom the proceedings are instituted has been acquitted of a serious detrimental action offence on the same, or substantially the same, facts relied on in the proceedings.Subdivision 3 Miscellaneous [NSW]300D Protections from liability for makers of protected disclosures [NSW](1) Except as provided by this section, a person making a protected disclosure, in relation to the making of the disclosure—(a) does not incur civil liability, including liability for breaching a duty of secrecy or confidentiality or another restriction on disclosure applicable to the person, whether or not imposed by an Act; and(b) does not incur criminal liability, including liability for breaching a law or code of conduct imposing a duty of confidentiality or other restriction in relation to the disclosure of information; and(c) is not liable to disciplinary action.Note—The person making a protected disclosure may also have, in relation to the making of the disclosure, a defence of absolute privilege under the Defamation Act 2005 in proceedings for defamation. See the Defamation Act 2005, Schedule 1, clause 26.(2) Subsection (1) does not protect a person against liability for past conduct of the person that is disclosed by the person while making a protected disclosure.300F Regulatory Authority may make arrangements for receipt of protected disclosures [NSW]The Regulatory Authority may arrange for another entity to receive protected disclosures on behalf of the Regulatory Authority.300G Corporations legislation [NSW]An approved provider or approved education and care service is declared to be an excluded matter for the Corporations Act 2001 of the Commonwealth (the Corporations Act), section 5F in relation to the Corporations Act, section 1317AAB.Note—The Corporations Act, section 5F provides that if a State law declares a matter to be an excluded matter for that section in relation to all or part of the Corporations legislation of the Commonwealth, the provisions that are the subject of the declaration will not apply in relation to the matter in the State concerned. This section ensures an approved provider or approved education and care service will not be a regulated entity under the Corporations Act, Part 9.4AAA.
[45] Section 301 National Regulations
Omit section 301(4)(g). Insert instead—(g) may impose penalties not exceeding $20,000.Note—This paragraph is a substituted NSW provision.
[46] Section 301(5)
Insert after section 301(4)—(5) The national regulations apply in New South Wales with the modifications set out in the NSW regulations.Note—This subsection is an additional NSW provision.
[47] Section 301A
Insert after section 301—301A NSW regulations [NSW](1) The Governor may make regulations about—(a) a matter that by a NSW provision of this Law is required or permitted to be prescribed; or(b) a matter that is necessary or convenient to be prescribed for carrying out or giving effect to a NSW provision of this Law.(2) Without limiting subsection (1), regulations made under this section may provide for matters relating to the following—(a) penalties for offences against the regulations, including providing for the modification of penalties for offences against the national regulations;(b) training that must be completed by educators and other members of staff of education and care services;(c) best practice for early childhood education;(d) guidance about standards for ensuring approved providers provide services that are fit for purpose;(e) disciplinary proceedings.(3) In this section—Governor—(a) means the Governor with the advice of the Executive Council; and(b) includes a reference to a person for the time being lawfully administering the Government.Note—This section is an additional NSW provision.
[48] Section 322 Information retention and sharing
Omit section 322(3), penalty. Insert instead—Penalty—(a) for an individual—$13,500; or(b) for a large child care provider—$206,100; or(c) otherwise—$68,700.Note—This penalty is a substituted NSW provision.
[49] Part 15, Division 8A
Insert after Division 8—Division 8A Provisions consequent on Children (Education and Care Services National Law Application) Amendment Act 2025 [NSW]Note—This division is an additional NSW provision.340A Definition [NSW]In this section—amendment Act means the Children (Education and Care Services National Law Application) Amendment Act 2025.340B Application of section 284 [NSW]Section 284, as modified by the amendment Act, extends to an offence committed before the commencement of the amendment Act.340C First NSW regulations [NSW](1) Schedule 1A is taken to be and has effect as a regulation made by the Governor under section 301A.(2) The following provisions do not apply to the regulation but apply to an amendment or repeal of the regulation—(a) the Subordinate Legislation Act 1989, sections 4 and 6–10 and Schedule 1; and(b) the Interpretation Act 1987, sections 39–41.(3) Schedule 1A is repealed on the day after the schedule commences.(4) The Interpretation Act 1987, section 30 applies to the repeal of Schedule 1A.
sch 1: Ins 2025 No 56, Sch 2[2]. Am 2025 No 68, Sch 1[6]–[9]
1 Name of regulation
This regulation is the Children (Education and Care Services) NSW Regulation 2025.
2 Commencement
This regulation commences on the day on which the Children (Education and Care Services National Law Application) Amendment Act 2025, Schedule 1[10] commences.
3 Modification of national regulations—the Law, section 301(5)
The national regulations apply in New South Wales with the modifications set out in Schedule 1.
Schedule 1 Modification of Education and Care Services National Regulations
[1] Regulation 4 Definitions
Omit regulation 4(1), definition of excursion. Insert instead—excursion means an outing organised by an education and care service or family day care educator, but does not include the following—(a) an outing organised by an education and care service provided on a school site if—(i) the child or children leave the education and care service premises in the company of an educator; and(ii) the child or children do not leave the school site;(b) the mere provision of the same education and care services at different education and care service premises;
[2] Regulation 12 Meaning of serious incident
Omit “premises.” from regulation 12(e)(iii). Insert instead—premises; or(iv) appears to have been involved in a sexual offence or sexual misconduct, within the meaning of the Children’s Guardian Act 2019, Part 4.
[3] Regulation 25 Additional information about proposed education and care service premises
Omit regulation 25(1)(d). Insert instead—(d) a soil assessment for the site of the proposed education and care service premises;(da) any soil assessments for the site of the proposed education and care service premises that have previously been undertaken;
[4] Regulation 25(1)(g)(i)
Omit “building certificate,”.
[5] Regulation 41 Service waiver—prescribed regulations
Insert “, other than regulation 115,” after “Part 4.3” in regulation 41(b).
[6] Regulations 72(1) and (2), 72A, 77(1), 78(1), 79(1), 82(1), 83(1), 84C(1), 86, 88(1)–(3), 89(1), 93(1), 97(2)–(4), 99(1), 100(1), 102AAC(1), 102B(1), 102E(2), 102F(2), 103(1), 104(1), 107(2), 108(2), 110, 116(1) and (1B), 116A(1), 136(1) and (3), 143A(1), 143B, 163(1) and (2), 164(1), 166(1), 177(2) and (3), 181, 191(1) and 344(1)
Omit “Penalty: $2200.” wherever occurring. Insert instead—Penalty—(a) for a large child care provider—$19,800; or(b) otherwise—$6,600.
[7] Regulations 77(2) and (3), 78(2) and (3), 79(2) and (3), 82(2), 83(2) and (3), 89(2), 93(3) and (4), 99(2) and (3), 100(2) and (3), 102B(2) and (3), 102E(3), 102F(3), 164(2), 166(2), 178(2) and (3) and 182
Omit “Penalty: $2200” wherever occurring.Insert instead “Penalty—$6,600”.
[8] Regulations 80(1), 84(1), 84A(1), 93(2), 98, 102(1), 102D(1), 112(3), 114, 119, 120, 157(1) and 168–171
Omit “Penalty: $1100.” wherever occurring. Insert instead—Penalty—(a) for a large child care provider—$9,900; or(b) otherwise—$3,300.
[9] Regulations 80(2) and (3), 84A(2) and (3), 102(2) and (3), 102D(2) and (3), 157(2) and (3) and 187(3)
Omit “Penalty: $1100” wherever occurring.Insert instead “Penalty—$3,300”.
[11] Regulation 84(3)
Insert after regulation 84(2)—(3) A provider is taken to have met the provider’s obligation to ensure a specified person understands the matters set out in subregulation (1)(a) and (b) if the provider can ensure the specified person can explain the following—(a) the obligations of the specified person as a mandatory reporter;(b) the circumstances under which the specified person must make a report;(c) how to submit a report.
[12] Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures
Omit “or” from regulation 84C(2)(g)(i). Insert instead “and”.
[13] Regulation 84D Prohibition of bassinets
Omit “Penalty: $2,200.” from regulation 84D(1). Insert instead—Penalty—(a) for a large child care provider—$19,800; or(b) otherwise—$6,600.
[14] Regulation 84D(2) and (3)
Omit “Penalty: $2,200”. Insert instead “Penalty—$6,600”.
[15] Regulation 86 Notification to parents of incident, injury, trauma and illness
Omit “if the child is involved in”.Insert instead “or alleged occurrence, if the child is involved in, or alleged to be involved in,”.
[24] Regulation 162 Health information to be kept in enrolment record
Omit regulation 162(d). Insert instead—(d) the following plans to be followed in relation to a specific healthcare need, medical condition or allergy referred to in paragraph (c)—(i) a medical management plan;(ii) an anaphylaxis medical management plan;(iii) a risk minimisation plan; and
[27] Regulations 173(1)(d)(ii) and 173A(1)(d)(ii)
Insert after “service;” wherever occurring—and(iii) if a rating under subparagraph (i) or (ii) is suspended or revoked—the rating that is suspended or revoked;
[28] Regulation 175 Prescribed information to be notified to Regulatory Authority
Insert after regulation 175(2)(e)—(ea) a sexual offence or sexual misconduct, within the meaning of the Children’s Guardian Act 2019, Part 4, committed by any person who engages in work for the service, including the following—(i) a person employed by the service; or(ii) a person permitted to be a volunteer at the service; or(iii) a student who participates in the service;
[29] Regulation 227
Omit the regulation. Insert instead—227 Compliance and enforcement informationFor the Law, section 270(6)(a)(iv), the information is the following—(a) the details of the person in relation to whom the enforcement action was taken, including the following—(i) the name and provider approval number of the approved provider;(ii) for a centre-based service—(A) the address of the service; and(B) the name by which the service is known;(iii) for a family day care service—(A) the address of the service, unless the address is also the home address of a family day care educator; and(B) the service approval number; and(C) the name by which the service is known;(iv) for an individual—the name of the individual;(b) details of the enforcement action taken, including the following—(i) for a prosecution leading to a conviction or finding of guilt or a plea of guilt—(A) the provision of the Law or these Regulations that the person was convicted or found guilty of, or pleaded guilty to, breaching; and(B) the date of the conviction, finding of guilt or the making of the plea of guilt for the offence; and(C) any penalty imposed for the offence; and(D) information about any steps taken to remedy the subject of the prosecution and the date the steps were taken;(ii) for an enforceable undertaking—(A) the terms of the enforceable undertaking; and(B) the date of the enforceable undertaking; and(C) information about any steps taken to remedy the subject of the enforceable undertaking and the date the steps were taken;(iii) for a compliance notice—(A) the steps specified in the compliance notice that the person must take to comply with the provision of the Law or these Regulations; and(B) the date specified in the notice by which the steps must be taken; and(C) information about any steps taken to remedy the subject of the compliance notice and the date the steps were taken;(iv) for the amendment of a provider approval or service approval—(A) the details of the amendment; and(B) the date on which the amendment took effect;(v) for a suspension of a provider approval or service approval—(A) the date on which the suspension took effect; and(B) the date on which the suspension ends;(vi) for a cancellation of a provider approval or service approval, the date on which the cancellation took effect.Note—This section is a substituted NSW provision.
[30] Regulation 228 Timing of publication where internal or external review of enforcement action is available
Insert after regulation 228(5)—(6) The Regulatory Authority may publish information about an enforcement action for which an application for internal review or external review can be made under the Law, section 191 or 193 before the end of a period set out in subregulations (2)–(5) if the Regulatory Authority is satisfied that publishing the information is in the public interest.
sch 1A: Ins 2025 No 68, Sch 1[10].