Other regulatory frameworks

Interactions with other regulatory frameworks

Approved providers, and to a lesser degree their staff, are subject to a variety of other legislative frameworks in addition to the Education and Care Services National Law and Regulations.

Regulatory authorities are only responsible for monitoring and enforcing compliance with the National Law and Regulations. Authorised officers should be aware of other regulators of the education and care sector and have a basic understanding of their role so they are clear about boundaries.

There will be occasions when authorised officers identify:

• non-compliance under the National Law which may also constitute non-compliance under other legislation
• non-compliance with other legislation.

How authorised officers respond in these situations will depend on the seriousness of the issue and arrangements between the regulators in each state or territory. In some cases, the authorised officer may warn the approved provider that they appear to be in breach of other legislation; in more serious situations, the authorised officer may notify the relevant regulator. However, authorised officers are careful in these situations not to be drawn into issues of compliance outside their responsibility and expertise.

Referencing other regulatory standards

There are some situations where other regulatory standards can be a useful guide to aid interpretation of the National Law and Regulations. For example, the National Regulations require the approved provider to ensure that ‘adequate’ health and hygiene practices and safe practices for handling, preparing and storing food are implemented at the service (regulation 77). The National Regulations do not specify what ‘adequate’ health and hygiene practices are so it is appropriate for authorised officers to be informed by the Australian food safety standards and by state and ‘territory specific’ laws when interpreting this requirement.

However, authorised officers are careful to ensure they focus on the requirements of the National Law and Regulations, and not checking compliance with matters outside the National Quality Framework.

Appendix – Template register of family day care educators, co-ordinators and assistants for optional use or tailoring

Appendix – Template record of staff for optional use or tailoring