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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-05-05 Daily Xml
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EDUCATION AND CARE SERVICES NATIONAL LAW ACT

The Hon. D.G.E. HOOD (14:43): I seek leave to make a brief explanation before asking the minister representing the Minister for Families and Communities a question—

The Hon. D.W. Ridgway: 'Pick me before Brokie'; that's what he's saying.

The Hon. D.G.E. HOOD: —regarding the proposed Education and Care Services National Law Act. That's never going to happen, David!

Leave granted.

The Hon. D.G.E. HOOD: Back in December 2009, the Council of Australian Governments agreed to a new national quality framework and legislation for early childhood education and care outside of school hours. Victoria was selected to host the legislation, and other states and territories agreed to adopt the legislation by reference, including South Australia. It has been raised with me that there are significant concerns regarding this proposed legislation from members of the community regarding this bill and its particular insistence on the model regulations and, in particular, draft regulation 86 which says that children may not be separated from other children except because of illness or accident and, further, that children must not be required to undertake any activities that are not compatible with the child's cultural values. These definitions are indeed very broad.

Indeed, one reading of the draft regulation 86 would imply that children who are misbehaving quite seriously cannot even be separated from others, as I understand is common practice at the moment, leaving childcare workers very few, if any, means to control bad and destructive behaviour. Further, the requirement that children cannot participate in any events that do not specifically align with their individual cultural perspectives would also seem to imply that childcare centres will not be able to put on Christmas or Easter celebrations of any form, as a result of these proposals.

The Western Australian community services minister, Robyn McSweeney, has called the proposed regulations 'left wing rubbish' and vowed to oppose them. My question to the minister is: is it the government's intention to introduce legislation which will put an end to separating misbehaving children from the rest of the children who they are associated with in child care and which will also put a stop to Christmas and Easter plays and other activities in kindergartens and other places where children congregate?

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (14:45): I thank the honourable member for his questions and will refer them to the Minister for Families and Communities in another place and bring back a response.

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