Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011
S.R. No. 161/2011
table of provisions
RegulationPage
RegulationPage
1Objectives
2Authorising provision
3Commencement
4Excluded services
5Integrated licences including limited hours services
6Licensed children's service included in service approval
7Expiry
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S.R. No. 161/2011
Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011
statutory rules 2011
S.R. No. 161/2011
1
S.R. No. 161/2011
Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011
Education and Care Services National Law Act 2010
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S.R. No. 161/2011
Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011
Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011
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S.R. No. 161/2011
Education and Care Services National Law (Excluded Services and Other Transitional Matters) Regulations 2011
The Governor in Council makes the following Regulations:
Dated: 21 December 2011
Responsible Minister:
WENDY LOVELL
Minister for Children and Early Childhood Development
Matthew mcbeath
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are—
(a)to exclude certain standard children's services from being declared approved services for the purposes of the Education and Care Services National Law (Victoria); and
(b)toprovide that conditions imposed on a licensed children's service continue to apply if the service is included in a service approval under the Education and Care Services National Law (Victoria) as an associated children's service.
2Authorising provision
r. 2
These Regulations are made under section 18 of the Education and Care Services National Law Act 2010.
3Commencement
These Regulations come into operation on1January 2012.
4Excluded services
For the purposes of section 16(4A)(a) of the Education and Care Services National Law Act 2010 the following services are excluded from being a declared approved service—
(a)a standard service that is an early childhood intervention service provided for the principal purpose of providing intervention (other than purely therapeutic intervention)or support for children with a disability, additional needs or developmental delay;
(b)a standard service that provides education and care to children primarily on an ad hoc or casual basis where—
(i) the service does not usually offer full-time or all day education and care to children on an ongoing basis; and
(ii)most of the children provided with education and care are preschool age or under;
Note
This type of service is commonly referred to as an occasional care service.
(c)a standard service that provides education and care primarily to children who are preschool age or under that transports its equipment and materials or staff to one or more locations on each occasion that the service is provided;
Note
This type of service is commonly referred to as a mobile service.
(d)a standard service that—
(i) receives financial assistance under the Budget Based Funding Program element of the Child Care Services Support Program; and
(ii)is not a service that receives the Child Care Benefit in relation to the provision of education and care.
5Integrated licences including limited hours services
r. 5
If a service approval referred to in section 19(3) of the Education and Care Services National Law Act 2010 is provided under section 307(9) of the Education and Care Services National Law (Victoria), any conditions imposed on the limited hours Type 1 or Type 2 service under the Children's Services Act 1996 or the regulations made under that Act are taken to be conditions on the service approval applying to the associated children's service as if those conditions were conditions imposed in accordance with section 51 of the Education and Care Services National Law (Victoria).
6Licensed children's service included in service approval
(1)Subject to subregulation (2), if, on or after the scheme commencement day—
(a)a personholds alicenceto operate a children's serviceunder the Children's Services Act 1996; and
(b)that person applies under the Education and Care Services National Law (Victoria) for a service approval that includes the children's service as an associated children's service—
a service approval granted under the Education and Care Services National Law (Victoria) including the children's service as an associated children's service is taken to include any conditions imposed on the children's service under the Children's Services Act 1996 or the regulations made under that Act as if those conditions were conditions on the service approval applying to the associated children's service imposed in accordance with section 51 of the Education and Care Services National Law (Victoria).
(2)This regulation does not apply in respect of a licence to operate a children's service granted under the Children's Services Act 1996 on or after the scheme commencement day.
7Expiry
r. 7
These Regulations expire on 31 December 2012.
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