Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EDUCATION AND CARE SERVICES NATIONAL LAW AMENDMENT ACT 2017 (NO. 9 OF 2017) - SECT 67

New Division 5 inserted in Part 15

After Division 4 of Part 15 of the National Law insert

" Division 5—Transitional provisions—Education and Care Services National Law Amendment Act 2017

        325     Definitions

In this Division—

2017 Act means the Education and Care Services National Law Amendment Act 2017 ;

"commencement day", in relation to a participating jurisdiction, means the date of commencement of this Division in that jurisdiction.

        326     Approved family day care venues

    (1)     In this section—

"appointed day" means the day that is 6 months after the commencement day;

"formerly approved family day care venue" means a family day care venue that, immediately before the commencement day, was an approved family day care venue.

    (2)     Subject to subsection (3), a formerly approved family day care venue ceases to be an approved family day care venue on the appointed day unless, before the appointed day the Regulatory Authority, on application by the approved provider under section 54 (as amended by the 2017 Act), approves the venue as a family day care venue.

    (3)     If, before the appointed day, the Regulatory Authority had not determined an application by an approved provider under section 54 (as amended by the 2017 Act) for approval of the venue, the formerly approved family day care venue continues to be an approved family day care venue until the application is determined.

    (4)     Despite section 54(5), the Regulatory Authority must make a decision on an application made under section 54 for approval of a formerly approved family day care venue within 6 months of receiving the application.

        327     Declared approved family day care venues continue to be approved

Despite section 326, a declared approved family day care venue that was taken under section 308 to be an approved family day care venue continues, on and after the commencement day, to be an approved family day care venue for the purposes of this Law.

        328     Service approval condition requiring sufficient family day care co-ordinators

    (1)     In this section—

"appointed day" means the day that is 12 months after the commencement day.

    (2)     This section applies to a family day care service if, immediately before the commencement day

        (a)     the service was an approved family day care service; and

        (b)     the service approval included a condition referred to in section 51(2).

    (3)     Despite the commencement of the 2017 Act, sections 51(2) and 163, as in force immediately before the commencement day, continue to apply to the approved family day care service until the appointed day, unless the Regulatory Authority earlier amends the service approval to impose a condition under section 55A.

        329     Service approval condition requiring minimum number of family day care co-ordinators

    (1)     This section applies to a family day care service if, immediately before the commencement day

        (a)     the service was an approved family day care service; and

        (b)     the service approval included a condition requiring the service provide a specified minimum number of family day care co-ordinators.

    (2)     Despite the commencement of the 2017 Act, section 163, as in force immediately before the commencement day, and the condition requiring the service provide a specified minimum number of family day care co-ordinators continue to apply to the approved family day care service until the condition is amended under section 54 or 55.

        330     Publication of information about certified supervisors

    (1)     The National Authority may publish information about any enforcement action taken under this Law before the commencement day in relation to any person who was a certified supervisor before that day, including—

        (a)     the prosecution of any offence; and

        (b)     the acceptance of an undertaking; and

        (c)     the suspension or cancellation of a supervisor certificate.

    (2)     This section expires on 31 December 2021.

        331     Evidentiary certificates

    (1)     Despite the amendment of section 292 by the 2017 Act, a Regulatory Authority or the National Authority may continue to certify matters relating to any person who was a certified supervisor before the commencement day as if that section had not been amended.

    (2)     This section expires on 31 December 2021.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback