The Education and Care Services National Law Application Bill 2024 passed through the Legislative Assembly last week. It is currently before the Legislative Council. The Bill intends to align with the legislative mechanism used by other jurisdictions to implement the National Law and Regulations. The Bill will apply the Education and Care Services National Law (with modifications) as a law of Western Australia and repeal the Education and Care Services National Law (WA) Act 2012 and the Education and Care Services National Regulations 2012 (with transitional provisions).
The major changes made by the Bill will be to (refer to the Explanatory Memorandum for more details):
apply the National Law set out in the Schedule to the Victorian Education and Care Services National Law Act 2010 (Victoria), with modifications, as a law
of Western Australia (WA). As mentioned, the Bill will change the mechanism for adopting the National Law from corresponding legislation to an applied law mechanism in line with all other jurisdictions.
apply the National Regulations made by the Ministerial Council under the National Law and published on the New South Wales (NSW) Legislation website as a law of WA with modifications.
provide for the tabling and disallowance of amendments made to the National Law and National Regulations.
effectively bring into operation in WA amendments to the National
Law to implement changes from the 2019 National Quality Framework Review.
While the National Law, with modifications, is currently operational in WA by
corresponding legislation, this does not include amendments made by Victorian
Acts resulting from this review, those amendments having commenced in 2023.
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