Victorian Numbered Acts

EDUCATION AND CARE SERVICES NATIONAL LAW AMENDMENT ACT 2017 (NO. 9 OF 2017) - SECT 64

For sections 271 and 272 of the National Law substitute —

        "     271     Disclosure of information to other authorities

    (1)     The National Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4), to—

        (a)     a relevant Commonwealth Government Department; or

        (b)     any State or Territory Government Department; or

        (c)     any Commonwealth, State or Territory public authority; or

        (d)     any State or Territory local authority; or

        (e)     a Regulatory Authority of a participating jurisdiction.

    (2)     The Regulatory Authority may disclose information in respect of an education and care service for a purpose listed in subsection (4), to—

        (a)     a relevant Commonwealth Government Department; or

        (b)     any State or Territory Government Department; or

        (c)     any Commonwealth, State or Territory public authority; or

        (d)     any State or Territory local authority; or

        (e)     a Regulatory Authority of another participating jurisdiction.

    (3)     The National Authority, the Regulatory Authority and any Government Department, public authority or local authority may disclose information to each other in respect of an education and care service for a purpose listed in subsection (4).

    (4)     The purposes for disclosure of information under this section are—

        (a)     the disclosure is reasonably necessary to promote the objectives of the national education and care services quality framework; or

        (b)     the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions or powers under this Law; or

        (c)     the disclosure is for the purposes of research or the development of National, State or Territory policy with respect to education and care services; or

        (d)     the disclosure is for a purpose relating to the funding of education and care services; or

        (e)     the disclosure is for a purpose relating to the payment of benefits or allowances to persons using education and care services, provided the disclosure of information is not otherwise prohibited by law.

    (5)     The Regulatory Authority must disclose to the Regulatory Authorities of other participating jurisdictions the suspension or cancellation of a working with children check, working with children card or teacher registration of a nominated supervisor of which it is notified under this Law.

    (6)     The Regulatory Authority may disclose to the head of the government department responsible for the administration of a working with children law, any prohibition notice given under this Law as applying in any participating jurisdiction in respect of the person.

    (7)     A disclosure of information under this section is subject to     Division 1 and any protocol agreed for the purposes of this section by—

        (a)     the National Authority, all participating jurisdictions and the Commonwealth; and

        (b)         subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.

    (8)     Information disclosed under this section for the purpose of research or the development of National, State or Territory policy with respect to education and care services must not include information that could identify or lead to the identification of an individual other than—

        (a)     an approved provider or a nominated supervisor; or

        (b)     a family day care educator who has been suspended from providing education and care to children as part of a family day care service; or

        (c)     a person to whom a prohibition notice applies; or

        (d)     a person who is being prosecuted for an offence against this Law.

        272     Disclosure of information to education and care services

    (1)     At the request of an approved provider, the National Authority or the Regulatory Authority may disclose the following information to the provider, if the National Authority or Regulatory Authority considers on reasonable grounds that the provider requires the information to comply with the provider's obligations under this Law—

        (a)     whether a person named in the request is subject to a prohibition notice given under section 182;

        (b)     whether a family day care educator named in the request has been suspended from providing education and care to children as part of a family day care service under section 178.

    (2)     A disclosure of information under this section is subject to Division 1 and     any protocol agreed for the purposes of this section by—

        (a)     the National Authority, all participating jurisdictions and the Commonwealth; and

        (b)         subject to any protocol referred to in paragraph (a), the National Authority and the Regulatory Authority, or the National Authority, the Regulatory Authority and any Regulatory Authority of another participating jurisdiction.".