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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
A BILL FOR
An Act to amend the Education
and Early Childhood Services (Registration and Standards)
Act 2011.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Education and
Early Childhood Services (Registration and Standards)
Act 2011
3Amendment of heading to Part 2—Adoption of
Education and Care Services National Law
4Insertion of heading to Part 2
Division 1
5Insertion of Part 2 Division 2
Division 2—Modification of Education and
Care Services National Law
15AInterpretation
15BModification of Education and Care Services
National Law—indoor space requirements at child care
centres
15CModification
of Education and Care Services National Law—educator to child
ratios
15DModification of
Education and Care Services National Law—educator
qualifications
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Education and Early Childhood Services
(Registration and Standards) (Modification of National Law) Amendment
Act 2013.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Education and Early Childhood Services
(Registration and Standards) Act 2011
3—Amendment
of heading to Part 2—Adoption of Education
and Care Services National Law
Heading to Part 2—after "Adoption" insert:
and modification
4—Insertion
of heading to Part 2 Division 1
Before section 10 insert:
Division 1—Adoption of Education and Care
Services National Law
5—Insertion
of Part 2 Division 2
After section 15 insert:
Division 2—Modification of Education and Care
Services National Law
15A—Interpretation
A term or phrase used in this Division and that is defined in the Education
and Care Services National Law (South Australia) or the national
regulations has the same meaning as in that Law or regulations, or in the
relevant provision of that Law or those regulations (as the case
requires).
15B—Modification of Education and Care Services
National Law—indoor space requirements at child care
centres
(1) This section applies in relation to a declared approved service that
is a centre-based service consisting of a child care centre.
(2) Regulations 107 and 337 of the national regulations are, as
they apply to a declared approved service to which this section applies,
modified as follows:
(a) for the purposes of the Education and Care Services National Law
(South Australia), an approved provider of a declared approved service to
which this section applies will be taken to have complied with
regulation 107(2) if—
(i) if the declared approved service was, immediately before the
commencement of this Act, the subject of an exemption relating to the minimum
useable indoor play space under the Children's
Services (Child Care Centre) Regulations 1998—the approved
provider continues to comply with any conditions of that exemption relating to
the minimum useable indoor play space that must be provided at the service;
or
(ii) in any other case—the approved provider ensures that the
minimum available play room floor area for each child satisfies the requirements
of the Child
Care Centre Regulations 1985 (as in force immediately before their
revocation);
(b) regulation 107(3) will be taken not to apply;
(c) regulation 337 will be taken not to apply.
(3) For the purpose of a rating assessment under Part 5 of the
Education and Care Services National Law (South Australia), a declared
approved service is taken to comply with regulation 107 of the national
regulations if the requirements under this section are complied with.
15C—Modification of Education and Care Services
National Law—educator to child ratios
(1) This section applies in relation to a declared approved service that
is a centre-based service.
(2) Regulation 326 of the national regulations is, as it applies to a
declared approved service to which this section applies, modified such that it
applies in place of regulation 123(1)(b) of the national regulations until
31 December 2019.
15D—Modification of Education and Care Services
National Law—educator qualifications
(1) A requirement under
the Education
and Care Services National Law (South Australia) or the national
regulations that an educator hold an approved diploma level education and care
qualification will, in relation to any reasonable break (not exceeding
1 hour) taken by the educator, be taken to be satisfied if the educator is
replaced during the break by an educator who holds—
(a) an approved certificate III level education and care qualification;
or
(b) any other qualification approved by the Minister for the purposes of
this section.
(2) The Education and Care Services National Law and the national
regulations are modified to the extent necessary to ensure consistency with
subsection (1).
(3) A requirement under a provision set out in the national regulations
(being a specific provision applying to South Australia) that a person hold a
particular acceptable tertiary qualification in children's services or early
childhood education will be taken to be satisfied if the person is actively
working towards the qualification.