Vulnerable Children (Regulated Services) Regulations 2018

2018/45

Coat of Arms of New Zealand

Vulnerable Children (Regulated Services) Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of March 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 33(1)(a) of the Vulnerable Children Act 2014

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Education made in accordance with section 33(2) of that Act.

Regulations

1 Title

These regulations are the Vulnerable Children (Regulated Services) Regulations 2018.

2 Commencement

(1)

Regulation 4(4) comes into force on the day after the date on which section 161(3) of the Education (Update) Amendment Act 2017 comes into force.

(2)

The rest of these regulations come into force on 1 May 2018.

3 Interpretation

In these regulations, Act means the Vulnerable Children Act 2014.

4 Amendments to Schedule 1 of Act

(1)

In Schedule 1 of the Act, item (25), replace “education services” with “services”.

(2)

In Schedule 1 of the Act, item (26), replace “early childhood services” with “services provided at an early childhood service”.

(3)

In Schedule 1 of the Act, item (27), replace “education services” with “services”.

(4)

In Schedule 1 of the Act, item (27A) (inserted by section 161(3) and Schedule 3 of the Education (Update) Amendment Act 2017), replace “education services” with “services”.

(5)

In Schedule 1 of the Act, item (28), delete “education”.

(6)

In Schedule 1 of the Act, after item (31), insert:

(31A)

services provided at a hostel (as defined in section 2(1) of the Education Act 1989):

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations amend Schedule 1 of the Vulnerable Children Act 2014 (the Act). Section 33 of the Act provides that the Governor-General may, by Order in Council, make regulations amending Schedule 1 of the Act. The provisions of these regulations come into force on 1 May 2018, with the exception of an amendment to item (27A) of Schedule 1 of the Act.

Schedule 1 of the Act sets out the services that are included as regulated services under the Act. The purpose of the amendments to Schedule 1 is to expand several of the items included as regulated services, and, therefore, expand the categories of workers to whom obligations under the Act apply. The amendments in these regulations amend items of Schedule 1 relating to schools, early childhood services, academies, and alternative education providers so that each item includes all services provided, rather than just education services.

The regulations also amend item (27A) of Schedule 1 of the Act, which includes, as a regulated service, education services provided by communities of online learning. Item (27A) of Schedule 1 was inserted by section 161(3) and Schedule 3 of the Education (Update) Amendment Act 2017, but is not yet in force. It will come into force on 31 December 2019, or on an earlier date appointed by the Governor-General by Order in Council. The amendment to item (27A) of Schedule 1 of the Act will come into force on the day after that item comes into force.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 March 2018.

These regulations are administered by the Ministry of Education.