Page 4849 - Week 12 - Tuesday, 25 October 2011
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and Care Services National Law (ACT) Bill 2011 explanatory statement. I appreciate the committee’s comments and I wish to inform the Assembly that the explanatory statement has been revised to provide further analysis of the application of section 28 of the Human Rights Act 2004.
To enable the effective operation of the national system the Education and Care Services National Law (ACT) Bill 2011 sets out the functions and responsibilities of the governing bodies accountable for the implementation and administration of the national quality framework. These governing bodies are the ministerial council, the national body and the regulatory authority.
Firstly, the ministerial council will oversee the operation of the regulatory system, including ensuring that national uniformity is applied and enforced. The council will provide policy direction for the national and regulatory authorities. Secondly, the legislation establishes a new national body known as the Australian Children’s Education and Care Quality Authority. The key functions of the national authority are to guide the implementation and administration of the national quality framework, report to and advise the ministerial council, and establish consistent, effective and efficient procedures to promote and foster continuous quality improvement.
Thirdly, the national law provides for a regulatory authority in each state and territory. For the ACT the Community Services Directorate will be the lead regulatory authority. The Community Services Directorate will work in partnership with the Education and Training Directorate to support government preschools within the new regulatory system. The function of the regulatory authority includes responsibility for administration of the national quality framework, the assessment and rating of services, and monitoring and enforcing compliance with the national law including complaint investigation.
As this bill is an applied national law, future amendments will occur through the ministerial council. Any member of the ministerial council or the national authority may propose amendments to the legislation and regulations. Endorsement of any changes will be made by the ministerial council. The host jurisdiction, in this case Victoria, will pass agreed amendments and, once passed, the legislation will be amended in the ACT and other jurisdictions.
The ministerial council makes regulations for the purposes of the law. Once regulations are made, the law provides for a process whereby the regulations are subject to parliamentary scrutiny in each participating jurisdiction. The regulations are to be tabled in each house of parliament and may be disallowed in the same way as for regulations made under the acts of the jurisdiction. The adoption of the national law in the ACT, and applied laws more generally, deliver the benefits of certainty and consistency which flow from a unified system.
Today I am providing for your information a copy of the regulations. They have just been circulated, Mr Assistant Speaker. The bill will reduce the regulatory burden for education and care services. Services are currently required to comply with licensing and regulation requirements and quality assurance processes, administered by two different agencies, being the National Childcare Accreditation Council and the
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