Education and Care Services National Law (Queensland) Act 2011An Act providing for the adoption of a national law to regulate education and care services for childrenPart 1Preliminary1Short titleThis Act may be cited as the Education and Care Services National Law (Queensland) Act 2011.2Commencement(1)This Act commences on a day or days to be fixed 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)The Acts Interpretation Act 1954, section 15DA does not apply to this Act.3Definitions(1)In this Act—Education and Care Services National Law (Queensland) means the provisions applying in this jurisdiction because of section 4.local application provisions of this Act means the provisions of this Act other than the Education and Care Services National Law (Queensland).scheme commencement day see the Education and Care Services National Law (Queensland), section 305.(2)Terms used in the local application provisions of 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 the local application provisions of this Act as they have in that Law.Part 2Adoption of National Law4Adoption of Education and Care Services National LawThe 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; and(b)as so applying may be referred to as the Education and Care Services National Law (Queensland); and(c)so applies as if it were part of this Act.
5Minister must table amendments of Education and Care Services National Law(1)This section applies if the Education and Care Services National Law set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria is amended.(2)The Minister must table a copy of the amendment in the Legislative Assembly.(3)Failure to comply with subsection (2) does not affect the application of the amendment under section 4.6Exclusion of legislation of this jurisdiction(1)The following Acts of this jurisdiction do not apply to the Education and Care Services National Law (Queensland) or to instruments made under the Law—(a)Acts Interpretation Act 1954;(b)Information Privacy Act 2009;(c)Right to Information Act 2009;(d)Statutory Instruments Act 1992, other than to the extent provided for in section 303 of the Law.
(2)To remove any doubt, it is declared that—(a)subsection (1)(a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; andExamples—1In section 7, the definition public authority uses the term ‘public sector unit’. That term takes its meaning from the Acts Interpretation Act 1954, schedule 1.2A reference in section 8 to the Education and Care Services Act 2013 includes a reference to a regulation in force under that Act (see the Acts Interpretation Act 1954, section 7).
(b)subsection (1)(d) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.
(3)The following Acts of this jurisdiction do not apply to the Education and Care Services National Law (Queensland) or to the instruments made under the 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)Auditor-General Act 2009;(b)Financial Accountability Act 2009;(c)Ombudsman Act 2001;(d)Public Records Act 2002;(e)Public Sector Act 2022.
s 6 amd 2013 No. 39 s 110 (1) sch 3pt 1; 2013 No. 44 s 269 sch 1pt 2; 2022 No. 34 s 365 sch 37Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdictionIn the Education and Care Services National Law (Queensland)—child protection law means the Child Protection Act 1999.de facto relationship see the Acts Interpretation Act 1954, schedule 1.local authority means a local government.magistrate means a magistrate appointed under the Magistrates Act 1991.public authority means a public sector unit.superior court means the Supreme Court of Queensland.this jurisdiction means Queensland.s 7 amd 2013 No. 39 s 110 (1) sch 3 pt 18Children’s services lawThe Education and Care Services Act 2013 is declared to be a children’s services law for the purposes of the Education and Care Services National Law (Queensland).Note—See the Education and Care Services National Law (Queensland), section 5(1), definition children’s services law.s 8 amd 2013 No. 44 s 269 sch 1 pt 29Children’s services regulatorThe chief executive of the department in which the Education and Care Services Act 2013 is administered is declared to be the children’s services regulator for the purposes of the Education and Care Services National Law (Queensland).Note—See the Education and Care Services National Law (Queensland), section 5(1), definition children’s services regulator.s 9 amd 2013 No. 44 s 269 sch 1pt 210Education lawEach of the following Acts is declared to be an education law for the purposes of the Education and Care Services National Law (Queensland)—(a)Education (Accreditation of Non-State Schools) Act 2017;(b)Education (General Provisions) Act 2006;(c)Education (Overseas Students) Act 1996;(d)Education (Queensland College of Teachers) Act 2005;(e)the repealed Higher Education (General Provisions) Act 2008.
Note—See the Education and Care Services National Law (Queensland), section 5(1), definition education law.s 10 amd 2014 No. 25 s 223 sch 1 pt 2; 2017 No. 24 s 21211Former education and care services lawEach of the following is declared to be a former education and care services law for the purposes of the Education and Care Services National Law (Queensland)—(a)the Child Care Act 2002 as in force before its repeal;(b)the Child Care Act 1991 as in force before its repeal.
Note—See the Education and Care Services National Law (Queensland), section 5(1), definition former education and care services law.s 11 amd 2013 No. 44 s 269 sch 1pt 212Infringements lawThe State Penalties Enforcement Act 1999 is declared to be an infringements law for the purposes of the Education and Care Services National Law (Queensland).Note—See the Education and Care Services National Law (Queensland), section 5(1), definition infringements law.13Public sector lawThe Public Sector Act 2022 is declared to be a public sector law for the purposes of the Education and Care Services National Law (Queensland).Note—See the Education and Care Services National Law (Queensland), section 5(1), definition public sector law.s 13 amd 2022 No. 34 s 365 sch 314Regulatory authorityThe chief executive is declared to be the regulatory authority for this jurisdiction.Note—See the Education and Care Services National Law (Queensland), section 5(1), definition regulatory authority.15Relevant tribunal or court(1)The magistrates court is declared to be the relevant tribunal or court for the purposes of the Education and Care Services National Law (Queensland), section 181.(2)QCAT is declared to be the relevant tribunal or court for the purposes of the Education and Care Services National Law (Queensland), part 8.Note—See the Education and Care Services National Law (Queensland), section 5(1), definition relevant tribunal or court.16Working with children lawThe Working with Children (Risk Management and Screening) Act 2000 is declared to be a working with children law for the purposes of the Education and Care Services National Law (Queensland).Note—See the Education and Care Services National Law (Queensland), section 5(1), definition working with children law.s 16 amd 2014 No. 28 s 105 sch 117Penalty at end of provisionIn the Education and Care Services National Law (Queensland), a penalty stated at the end of a provision indicates that a contravention of the provision is punishable on conviction by a penalty not more than the stated penalty.18Transitional matters(1)For the purposes of the Education and Care Services National Law (Queensland)—(a)a licensed home based service under the Child Care Act 2002, other than a service provided only from 1 home, is declared to be a declared approved family day care service; and(b)a licensed centre based service under the Child Care Act 2002, other than a child care service to which that Act applies on the scheme commencement day, is declared to be a declared approved service; and(c)a licensee under the Child Care Act 2002, other than a licensee for a child care service to which that Act applies on the scheme commencement day, is declared to be a declared approved provider; and(d)a person who was both—(i)a staff member of a licensed service, or the nominee for a licensee, under the Child Care Act 2002; and(ii)a qualified director, qualified coordinator or qualified group leader under the Child Care Act 2002;
is declared to be a declared certified supervisor and to be a declared nominated supervisor; and(e)a compliance notice under the Child Care Act 2002, section 142, given in relation to a licensed centre based service that is declared to be a declared approved service under paragraph (b), is declared to be a declared compliance notice; and(f)each of the following services is declared to be a declared out of scope service—(i)a service providing a pre-preparatory learning program, at a prescribed State school or a prescribed non-State school, to a pre-preparatory age child;(ii)a vacation care service; and
(g)a licence under the Child Care Act 2002 is declared to be a former approval.
(2)In this section—pre-preparatory age child see the Education (General Provisions) Act 2006, schedule 4.pre-preparatory learning program see the Education (General Provisions) Act 2006, schedule 4.prescribed non-State school see the Education (General Provisions) Act 2006, schedule 4.prescribed qualification means a qualification prescribed under the Child Care Regulation 2003 for a director, coordinator or group leader.prescribed State school see the Education (General Provisions) Act 2006, schedule 4.school holiday includes a day that the staff of a school, but not the students, are required to attend the school.vacation care service means a service providing education and care to children over pre-school age only during a school holiday.Part 3Matters relating to Working with Children Actpt 3 hdg amd 2014 No. 28 s 105 sch 1Division 1Preliminary19Definitions for pt 3In this part—chief executive (employment screening) means the chief executive of the department in which the Working with Children Act is administered.Working with Children Act means the Working with Children (Risk Management and Screening) Act 2000.working with children authority see the Working with Children Act, schedule 7.working with children check application see the Working with Children Act, schedule 7.s 19 sub 2014 No. 28 s 105 sch 1amd 2019 No. 18 s 86(2) sch 2Division 2Giving or obtaining particular information20Giving information to chief executive (employment screening) about disciplinary action(1)This section applies if the regulatory authority—(a)does any of the following (the disciplinary action) under the Education and Care Services National Law (Queensland) (the Law)—(i)amends a provider approval under section 23 of the Law;(ii)suspends a provider approval under section 27 or 28 of the Law;(iii)cancels or suspends a provider approval under section 33 of the Law;(iv)amends a service approval under section 55 of the Law;(v)suspends a service approval under section 72 or 73 of the Law;(vi)cancels or suspends a service approval under section 79 of the Law;(vii)amends a supervisor certificate under section 120 of the Law;(viii)cancels or suspends a supervisor certificate under section 125 of the Law;(ix)suspends a supervisor certificate under section 126 of the Law; and
(b)reasonably believes the disciplinary action may be relevant to the functions or powers of the chief executive (employment screening) under the Working with Children Act.
(2)The regulatory authority must give written notice of the disciplinary action to the chief executive (employment screening).(3)A notice under subsection (2) must state the following for the person against whom the disciplinary action was taken—(a)the person’s name and address;(b)the person’s date and place of birth, if known;(c)that disciplinary action has been taken against the person, without stating anything further about the disciplinary action.
(4)Subsection (5) applies if the chief executive (employment screening)—(a)requests further information about the disciplinary action; and(b)notifies the regulatory authority that the person—(i)holds a working with children authority; or(ii)has made a working with children check application.
(5)The regulatory authority must give the chief executive (employment screening) a written notice stating the following—(a)the form of the disciplinary action taken;(b)when the conduct happened that constituted a ground for the disciplinary action;(c)the nature of the conduct that constituted a ground for the disciplinary action;(d)any other information about the disciplinary action the regulatory authority considers may be relevant to employment screening under the Working with Children Act, chapter 8, including, for example, details about the nature of the disciplinary action.
(6)However, if the notice given under subsection (2) did not contain the person’s date and place of birth, subsection (5) applies only if—(a)the request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and(b)the regulatory authority confirms the person’s date and place of birth with the person.
(7)A notice given under subsection (2) or (5) must not contain information that identifies, or is likely to identify, a particular child.(8)If the regulatory authority gives the chief executive (employment screening) information under subsection (5) about disciplinary action and the disciplinary action is set aside on review or appeal, the regulatory authority must notify the chief executive (employment screening) of the following—(a)the disciplinary action has been set aside;(b)the reasons given by the entity that set the disciplinary action aside for setting it aside.
s 20 amd 2014 No. 28 s 105 sch 1; 2019 No. 18 s 86(2) sch 221Giving information to chief executive (employment screening) about prohibition notices(1)This section applies if the regulatory authority gives a person a prohibition notice under the Education and Care Services National Law (Queensland), part 7, division 3.(2)The regulatory authority must give written notice of the giving of the prohibition notice to the chief executive (employment screening).(3)A notice under subsection (2) must state the following—(a)the person’s name and address;(b)the person’s date and place of birth, if known;(c)the person has been given a prohibition notice, without stating anything further about the giving of the prohibition notice.
(4)Subsection (5) applies if the chief executive (employment screening)—(a)requests further information about the prohibition notice; and(b)notifies the regulatory authority that the person— (i)holds a working with children authority; or(ii)has made a working with children check application.
(5)The regulatory authority must give the chief executive (employment screening) a written notice stating the following—(a)when the conduct that resulted in the prohibition notice happened;(b)the nature of the conduct that resulted in the prohibition notice;(c)any other information about the prohibition notice the regulatory authority considers may be relevant to employment screening under the Working with Children Act, chapter 8, including, for example, details about the nature of the prohibition notice.
(6)However, if the notice given under subsection (2) did not contain the person’s date and place of birth, subsection (5) applies only if—(a)the request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and(b)the regulatory authority confirms the person’s date and place of birth with the person.
(7)If a prohibition notice is given in relation to conduct relating to a particular child, a notice given under subsection (2) or (5) about the prohibition notice must not contain information that identifies, or is likely to identify, the child.(8)If the regulatory authority gives the chief executive (employment screening) information under subsection (5) about a prohibition notice and the prohibition notice is set aside on review or appeal, the regulatory authority must notify the chief executive (employment screening) of the following—(a)the prohibition notice has been set aside;(b)the reasons given by the entity that set the prohibition notice aside for setting it aside.
Note—Also, under the Education and Care Services National Law (Queensland), section 271(5), the regulatory authority may disclose, to the chief executive of the department responsible for the administration of the Working with Children Act, a prohibition notice as applying in any participating jurisdiction in respect of the person.s 21 amd 2014 No. 28 s 105 sch 1; 2019 No. 18 s 86(2) sch 222Obtaining information from chief executive (employment screening) about employment screening(1)This section applies to the following individuals—(a)an approved provider;(b)a person with management or control of an education and care service operated by an approved provider;(c)a certified supervisor;(d)an educator;(e)an adult occupant of a family day care residence.
(2)On receiving a written request from the regulatory authority, the chief executive (employment screening) must give the regulatory authority the following information about a stated individual mentioned in subsection (1)—(a)whether the individual has made a working with children check application and, if so—(i)the date of the application; and(ii)if the application has been withdrawn—the date of the withdrawal;
(b)whether a working with children authority or negative notice is in force for the individual and, if so, the date the authority or notice was issued;(c)whether a working with children authority or negative notice held by the individual has been cancelled and, if so, the date of the cancellation.
(3)The chief executive (employment screening) may give the regulatory authority the information mentioned in subsection (2)(c) about an individual whether or not the regulatory authority has requested the information.(4)In this section—negative notice see the Working with Children Act, schedule 7.occupant, of a family day care residence, means a person who—(a)resides in the family day care residence; or(b)is usually present in the family day care residence when the education and care service is delivered there.
s 22 amd 2014 No. 28 s 105 sch 1; 2019 No. 18 s 86(2) sch 2Division 3Application of Working with Children Actpt 3 div 3 hdg amd 2014 No. 28 s 105 sch 123Pending application for working with children card or check—corporation(1)This section applies if—(a)a corporation is the approved provider of an education and care service; and(b)an individual becomes an officer of the corporation within the meaning of the Corporations Act 2001 (Cwlth) who is responsible for managing the delivery of the education and care service; andNote—See the Education and Care Services National Law (Queensland), section 5(1), definition person with management or control, paragraph (a).(c)the individual does not hold a current working with children card or working with children check; and(d)an application for a working with children card or working with children check is made for the individual.
(2)The individual must not be taken to be not a fit and proper person under the Education and Care Services National Law (Queensland) only because the individual does not hold a current working with children card or working with children check.(3)Subsection (2) stops applying in relation to the individual when the application mentioned in subsection (1)(d) is decided, or is withdrawn or lapses.24Pending application for working with children card or check—eligible association(1)This section applies if—(a)an eligible association is the approved provider of an education and care service; and(b)an individual becomes a member of the executive committee of the association who has the responsibility, alone or with others, for managing the delivery of the education and care service; andNote—See the Education and Care Services National Law (Queensland), section 5(1), definition person with management or control, paragraph (b).(c)the individual does not hold a current working with children card or working with children check; and(d)an application for a working with children card or working with children check is made for the individual.
(2)The individual must not be taken to be not a fit and proper person under the Education and Care Services National Law (Queensland) only because the individual does not hold a current working with children card or working with children check.(3)Subsection (2) stops applying in relation to the individual when the application mentioned in subsection (1)(d) is decided, or is withdrawn or lapses.25s 25 amd 2013 No. 44 s 269 sch 1pt 2; 2014 No. 28 s 105 sch 1om 2019 No. 18 s 86(2) sch 226Death of sole holder of service approval(1)This section applies if the approved provider of an education and care service dies.(2)The executor of the approved provider’s estate does not commit an offence against the Working with Children Act, section 176B, by operating the approved education and care service under the Education and Care Services National Law (Queensland), section 39, without a working with children clearance—(a)during the relevant period; and(b)if the executor makes a working with children check application within the relevant period and does not withdraw the application—until the application is decided.
(3)The executor of the approved provider’s estate does not commit an offence against the Working with Children Act, section 176G, by operating the approved education and care service under the Education and Care Services National Law (Queensland), section 39, without a working with children exemption, during the relevant period.(4)If the executor of the approved provider’s estate is a corporation, a reference in this section to the executor not committing an offence against a provision of the Working with Children Act also applies to an executive officer of the corporation.(5)In this section—relevant period see the Education and Care Services National Law (Queensland), section 39(7).working with children clearance see the Working with Children Act, section 220(2).working with children exemption see the Working with Children Act, section 282(2).s 26 amd 2014 No. 28 s 105 sch 1; 2019 No. 18 s 86(2) sch 2Part 4Other mattersDivision 1Transitional27Giving information to children’s commissioner about disciplinary action(1)This section applies if, before the scheme commencement day, disciplinary action mentioned in the Child Care Act 2002, section 50A(1) was taken in relation to a licence for a child care service.(2)The Child Care Act 2002, section 50A continues to apply in relation to the disciplinary action, even if the service is declared under this Act to be a declared approved service.28QCAT reviews of decisions under Child Care Act 2002(1)This section applies to a decision made by the chief executive under the Child Care Act 2002 before the scheme commencement day if—(a)the decision—(i)related to a licence, or an application for a licence, under that Act for a child care service; or(ii)was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and
(b)the child care service is, on the scheme commencement day, a declared approved service; and(c)immediately before the scheme commencement day—(i)a person had a right under the Child Care Act 2002, section 163 to apply to QCAT to have the decision reviewed but had not made an application; or(ii)a person had applied to QCAT under the Child Care Act 2002, section 163 to have the decision reviewed but QCAT had not finished dealing with the application.
(2)If subsection (1)(c)(i) applies, the person may apply to QCAT, and QCAT may deal with the application, under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.(3)If subsection (1)(c)(ii) applies, QCAT may continue to deal with the application under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.(4)However, in exercising its powers after reviewing the decision, QCAT must make the orders it considers appropriate having regard to the provisions of the Education and Care Services National Law (Queensland).Example—An application for review mentioned in subsection (3) concerns a decision to refuse an application for a licence under the Child Care Act 2002. QCAT may order that the chief executive issue the person a provider approval and service approval under this Act.(5)If, for a decision mentioned in subsection (1)(a)(ii), QCAT confirms the decision to give the compliance notice, it is taken to be a compliance notice under the Education and Care Services National Law (Queensland).29Chief executive reviews of compliance notice decisions under Child Care Act 2002(1)This section applies to a decision made by the chief executive under the Child Care Act 2002 before the scheme commencement day if—(a)the decision was to give to a person a compliance notice relating to a contravention of a provision of the Child Care Act 2002; and(b)the contravention related to a child care service that is, on the scheme commencement day, a declared approved service; and(c)immediately before the scheme commencement day—(i)a person had a right under the Child Care Act 2002, section 164B to apply to the chief executive to have the decision reviewed but had not made an application; or(ii)a person had applied to the chief executive under the Child Care Act 2002, section 164B to have the decision reviewed but the chief executive had not finished dealing with the application.
(2)If subsection (1)(c)(i) applies, the person may apply to the chief executive, and the chief executive may deal with the application, under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.(3)If subsection (1)(c)(ii) applies, the chief executive may continue to deal with the application under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.(4)If the chief executive confirms the decision to give the compliance notice, it is taken to be a compliance notice under the Education and Care Services National Law (Queensland).30Authorised officers(1)This section applies to an appointment of a person as an authorised officer under the Child Care Act 2002, section 111 that was in force immediately before the scheme commencement day.(2)The appointment continues as an authorisation of the person under the Education and Care Services National Law (Queensland), section 195 until it ends under that Law.(3)As soon as practicable after the scheme commencement day, the chief executive must issue to the person an identity card under the Education and Care Services National Law (Queensland), section 196.(4)Subsection (2) does not affect the operation of the appointment under the Child Care Act 2002 on or after the scheme commencement day.31Application of Information Privacy Act 2009 and Right to Information Act 2009To remove any doubt, it is declared that section 6(1)(b) and (c) do not affect the application of the Information Privacy Act 2009 and the Right to Information Act 2009 in relation to the Child Care Act 2002 or instruments made under that Act.Example—Before the scheme commencement day, an application is made for a licence for a child care service under the Child Care Act 2002. Even if the child care service becomes an education and care service, a person’s right of access under the Right to Information Act 2009 to documents of the department relating to the application is unaffected.Division 2Use and disclosure of URL data relating to approved kindergarten programs32Definitions for div 2In this division—approved kindergarten program means a program for which an education and care service providing the program receives kindergarten program funding from the department or a central governing body.authorised officer, of a central governing body, means an employee or officer of the central governing body for whom an authority is in force under section 33.central governing body means an entity, prescribed under a regulation, that receives funding from the department for an approved kindergarten program provided by 1 or more relevant services to which the entity provides all or part of the funding.disability includes a condition attributable to—(a)a physical, intellectual, hearing, vision or speech–language impairment, or a developmental delay; or(b)an autistic spectrum disorder; or(c)a combination of impairments mentioned in paragraph (a), a developmental delay or an autistic spectrum disorder.
health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession.relevant service means an approved education and care service, other than an approved family day care service, that provides an approved kindergarten program.URL data means—(a)the following information about a child who is enrolled at a relevant service in an approved kindergarten program—(i)the child’s name, date of birth and gender;(ii)the address of the child’s primary residence;(iii)whether the child identifies, or has a parent who identifies, as being of Aboriginal or Torres Strait Islander descent;(iv)if the primary language of the child, or, if the child has not learned to speak, the child’s family, is not English—the primary language of the child or the child’s family;(v)whether the child, or a parent of the child, holds a health care card under the Social Security Act 1991 (Cwlth);(vi)whether the child—(A)has been diagnosed by a health practitioner as having, or is suspected by a health practitioner of having, a disability or long-term medical condition; and(B)needs additional assistance because of the disability or medical condition;
(vii)the number of hours for which the child attended an approved kindergarten program during a particular period;(viii)other information about the child that is prescribed under a regulation; or
(b)the following information about a staff member of a relevant service who delivers an approved kindergarten program—(i)the staff member’s name;(ii)for a qualification in early childhood studies or child care studies held by the staff member—(A)the name of the qualification; and(B)the date on which the qualification was issued; and(C)the institution that issued the qualification;
(iii)whether the staff member holds full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005 and, if so, the staff member’s identification number under that Act;(iv)whether the staff member identifies as being of Aboriginal or Torres Strait Islander descent;(v)if the primary language of the staff member is not English—the primary language of the staff member;(vi)other information about the staff member that is prescribed under a regulation.
33Authorised officersThe chief executive may give written authority to a person who is an employee or officer of a central governing body to receive, use and disclose URL data for this division if the chief executive is satisfied the person is, because of the person’s expertise or experience, an appropriate person to be given the authority.34Disclosure of URL data to chief executive and central governing bodies by relevant services(1)An authorised person for a relevant service may disclose URL data to the chief executive.(2)An authorised person for a CGB service may disclose URL data to an authorised officer of the central governing body.(3)An authorised officer of a central governing body may disclose URL data received under this section to the chief executive.(4)In this section—authorised person, for a relevant service, means the following—(a)the approved provider of the relevant service;(b)a staff member of the relevant service;(c)an employee of the approved provider of the relevant service who administers URL data in the course of performing the employee’s duties.
CGB service means a relevant service that—(a)receives funding from a central governing body for an approved kindergarten program; and(b)has been directed in writing by the central governing body to disclose URL data to it for the purpose of this section.
35Use and disclosure of URL data by chief executive(1)The chief executive may use URL data received under this division for the following purposes—(a)quality assuring of funding provided to relevant services and central governing bodies for approved kindergarten programs;(b)planning for, monitoring of outcomes of, and reporting on, early childhood initiatives;(c)preparing the data for disclosure under section 36.
(2)For subsection (1)(a), the chief executive may disclose URL data, including URL data that has been aggregated, to an authorised officer of a central governing body.(3)For subsection (1)(b), URL data may be reported only if it has been aggregated and does not identify, directly or indirectly, any person to whom it relates.36Disclosure of URL data to Australian Bureau of Statistics and Australian Institute of Health and Welfare(1)The chief executive may disclose URL data to a prescribed entity for the purpose of meeting Queensland’s obligations under the early childhood data agreement.(2)A prescribed entity that receives URL data under this section must ensure the data is collected, stored and used in a way that ensures the privacy of the persons to whom it relates is protected.(3)In this section—early childhood data agreement means the agreement between the Commonwealth and the States called the ‘National information agreement on early childhood education and care’, signed on behalf of the Queensland Government by the chief executive on 19 February 2010.prescribed entity means—(a)the Australian Bureau of Statistics; or(b)the Australian Institute of Health and Welfare established under the Australian Institute of Health and Welfare Act 1987 (Cwlth).
37Recording, use and disclosure of URL data by authorised officer of central governing body(1)An authorised officer of a central governing body may use URL data received under this division for the following purposes—(a)quality assuring and distributing funding received from the department for approved kindergarten programs;(b)planning, developing and implementing services for children and parents;(c)planning, developing and implementing professional development programs for staff members of relevant services;(d)implementing curriculum development initiatives;(e)reporting on the central governing body’s performance.
(2)For subsection (1)(e), URL data may be reported only if it has been aggregated and does not identify, directly or indirectly, any person to whom it relates.(3)A person who is or has been an authorised officer of a central governing body and who receives or received URL data under this division must not record or use the data, or disclose it to anyone, other than under this section or section 34(3).Maximum penalty—40 penalty units.s 37 amd 2013 No. 44 s 269 sch 1pt 238Transitional—authorised officers(1)This section applies to a person who, immediately before the scheme commencement day, was an authorised officer of a central governing body under the Child Care Act 2002, part 9, division 3, subdivision 2.(2)From the commencement, the person’s authority to receive, use and disclose URL data for the purposes of that subdivision continues in force as an authority given under section 33 to receive, use and disclose URL data for this division.Division 3Application of Commonwealth Acts39Application of Commonwealth Privacy Act(1)The Privacy Act 1988 (Cwlth) applies under the Education and Care Services National Law (Queensland), section 263 as if a reference in the applied provisions to the Administrative Review Tribunal were a reference to QCAT.(2)This Act is taken to be an enabling Act under the QCAT Act that confers jurisdiction on QCAT by applying the Privacy Act 1988 (Cwlth) as mentioned in subsection (1).s 39 amd 2024 No. 47 s 78 sch 240Application of Commonwealth FOI Act(1)The Freedom of Information Act 1982 (Cwlth) applies under the Education and Care Services National Law (Queensland), section 264 as if a reference in the applied provisions to the Administrative Review Tribunal were a reference to QCAT.(2)This Act is taken to be an enabling Act under the QCAT Act that confers jurisdiction on QCAT by applying the Freedom of Information Act 1982 (Cwlth) as mentioned in subsection (1).s 40 amd 2024 No. 47 s 78 sch 241Application of Commonwealth Ombudsman Act(1)The Ombudsman Act 1976 (Cwlth) applies under the Education and Care Services National Law (Queensland), section 282 as if a reference in the applied provisions to the Administrative Review Tribunal were a reference to QCAT.(2)This Act is taken to be an enabling Act under the QCAT Act that confers jurisdiction on QCAT by applying the Ombudsman Act 1976 (Cwlth) as mentioned in subsection (1).(3)To remove any doubt, it is declared that QCAT has the jurisdiction mentioned in subsection (2) even to the extent the jurisdiction is not original, review or appeal jurisdiction.s 41 amd 2024 No. 47 s 78 sch 2Division 4External review of decisions42Meaning of reviewable decisionIn this division—reviewable decision means a decision that, under the Education and Care Services National Law (Queensland), section 192, is a reviewable decision for external review.43Regulatory authority must give notice after making reviewable decision(1)Immediately after making a reviewable decision, the regulatory authority must give to the person who is the subject of the decision a notice for the decision complying with the QCAT Act, section 157(2).(2)The regulatory authority may give a notice for the purpose of complying with subsection (1) and for another purpose.Example—The regulatory authority may give a person a prohibition notice stating—(a)the matters required to be stated in the prohibition notice under the Education and Care Services National Law (Queensland), section 185; and(b)the matters required to be stated under subsection (1) about the decision to give the prohibition notice.
44Constitution of QCAT(1)For a review of a reviewable decision, QCAT must be constituted, to the extent practicable, with at least 1 member with specialist knowledge and expertise relevant to the matter the subject of the review.(2)However, QCAT must not be constituted by a member who—(a)is, or was when the reviewable decision was made, an employee or officer of the department; or(b)has been refused a provider approval, service approval or supervisor certificate; or(c)has had a provider approval, service approval or supervisor certificate cancelled; or(d)has been refused a licence under the Child Care Act 2002 or the repealed Child Care Act 1991; or(e)has had a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 revoked.
Division 5Regulations45Regulation-making powerThe Governor in Council may make regulations under the local application provisions of this Act.46s 46 exp 1 January 2014 (see s 46(4))