Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of approval of premises inserted by No. 22/2008 s. 3(1), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of approved associated children's service inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of approved children's service inserted by No. 37/2019 s. 5(1).
"approved children's service" means a children's service for which a service approval exists;
S. 3(1) def. of approved education and care service inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of approved learning framework inserted by No. 37/2019 s. 5(1).
"approved learning framework" has the same meaning as in the National Law;
S. 3(1) def. of approved provider inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(a).
"approved provider" means—
(a) a person who holds a provider approval; and
(b) a person who is taken to have been granted a provider approval under section 16;
S. 3(1) def. of associated children's service inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of authorised officer substituted by No. 37/2019 s. 5(2)(b).
"authorised officer "means—
(a) a person authorised to be an authorised officer under Part 5B; or
(b) a person authorised to be an authorised officer under the National Law;
S. 3(1) def. of certified supervisor inserted by No. 80/2011 s. 4(1)(a), repealed by No. 9/2017 s. 69.
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S. 3(1) def. of Child Safe Standards inserted by No. 43/2022 s. 7.
"Child Safe Standards" has the same meaning as in the Child Wellbeing and Safety Act 2005 ;
S. 3(1) def. of children's service amended by No. 22/2008 s. 3(2), substituted by No. 37/2019 s. 5(2)(c).
"children's service" means a service providing education and care for 4 or more children under the age of 13 years in the absence of the parents or custodians of the children, where the service—
(a) is provided—
(i) for fee or reward; or
(ii) while the parents or custodians of the children use sports, leisure or other prescribed services or facilities provided by the provider of the service for the children; and
(b) is not an education and care service, within the meaning of the National Law;
S. 3(1) def. of children's service premises inserted by No. 37/2019 s. 5(1).
"children's service premises" means each place at which a children's service operates or is to operate;
S. 3(1) def. of Commission for Children and Young People inserted by No. 43/2022 s. 7.
"Commission for Children and Young People" means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012 ;
S. 3(1) def. of compliance direction inserted by No. 37/2019 s. 5(1).
"compliance direction "means a compliance direction under section 116;
S. 3(1) def. of compliance notice inserted by No. 37/2019 s. 5(1).
"compliance notice "means a compliance notice under section 117 ;
S. 3(1) def. of custodian inserted by No. 37/2019 s. 5(1).
"custodian", in relation to a child, means a person who has custody or control of the child who is not—
(a) a parent of the child; or
(b) a person providing a service of education and care to the child;
S. 3(1) def. of de facto relationship inserted by No. 37/2019 s. 5(1).
"de facto relationship" means—
(a) a registered domestic relationship; or
(b) a relationship between 2 people who are not married to each other but who are living together as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of Department substituted by No. 58/2007 s. 52(1)(a), amended by No. 37/2019 s. 5(3)(a).
"Department" means the Department of Education and Training;
S. 3(1) def. of education and care service inserted by No. 80/2011 s. 4(1)(a).
"education and care service "means a service that is an education and care service within the meaning of section 5(1) of the National Law;
S. 3(1) def. of education law inserted by No. 37/2019 s. 5(1).
"education law" means the Education and Training Reform Act 2006 ;
S. 3(1) def. of educator inserted by No. 37/2019 s. 5(1).
"educator" means an individual who provides education and care for children as part of a children's service;
S. 3(1) def. of eligible association inserted by No. 37/2019 s. 5(1).
"eligible association" means an association of a prescribed class;
S. 3(1) def. of family day care service inserted by No. 22/2008 s. 3(1), repealed by No. 80/2011 s. 4(1)(e).
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S. 3(1) def. of family day care venue inserted by No. 22/2008 s. 3(1), repealed by No. 80/2011 s. 4(1)(e).
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S. 3(1) def. of family day carer inserted by No. 22/2008 s. 3(1), repealed by No. 80/2011 s. 4(1)(e).
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S. 3(1) def. of family member inserted by No. 37/2019 s. 5(1).
"family member", in relation to a child, means—
(a) a parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or halfblood and whether that relationship arises by marriage (including a de facto relationship) or by adoption or otherwise; or
(b) a relative of the child according to Aboriginal or Torres Strait Islander tradition; or
(c) a person with whom the child resides in a family-like relationship; or
(d) a person who is recognised in the child's community as having a familial role in respect of the child;
S. 3(1) def. of fit and proper person check inserted by No. 22/2008 s. 3(1), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of guardian substituted by No. 37/2019 s. 5(2)(d).
"guardian", in relation to a child or other person, means the legal guardian of the child or person;
S. 3(1) def. of identity card inserted by No. 37/2019 s. 5(1).
"identity card" means—
(a) in relation to an authorised officer to whom paragraph (a) of the definition of authorised officer applies, the identity card issued under section 137; or
(b) in relation to an authorised officer to whom paragraph (b) of the definition of authorised officer applies, the identity card issued under the National Law;
S. 3(1) def. of integrated sector regulator inserted by No. 43/2022 s. 7.
"integrated sector regulator" has the same meaning as in the Child Wellbeing and Safety Act 2005 ;
S. 3(1) def. of licensee repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of municipal council inserted by No. 37/2019 s. 5(1).
"municipal council" has the same meaning as Council has in the Local Government Act 1989 ;
S. 3(1) def. of National Authority inserted by No. 37/2019 s. 5(1).
"National Authority" has the same meaning as in the National Law;
S. 3(1) def. of National Law inserted by No. 80/2011 s. 4(1)(a).
"National Law "means the Education and Care Services National Law (Victoria);
S. 3(1) def. of National Law approved provider inserted by No. 37/2019 s. 5(1).
"National Law approved provider" means the holder of a provider approval under the National Law that is not suspended;
S. 3(1) def. of national regulations inserted by No. 80/2011 s. 4(1)(a).
"national regulations "means the regulations made under the National Law;
S. 3(1) def. of nominated supervisor inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(e).
"nominated supervisor", in relation to a children's service, means an individual who—
(a) is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and
(b) unless the individual is the approved provider, has provided written consent to that nomination;
S. 3(1) def. of nominee inserted by No. 22/2008 s. 3(1), substituted by No. 80/2011 s. 4(1)(b), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of parent inserted by No. 37/2019 s. 5(1).
"parent", in relation to a child, includes—
(a) a guardian of the child; and
(b) a person who has parental responsibility for the child under a decision or order of a court;
S. 3(1) def. of participating jurisdiction inserted by No. 37/2019 s. 5(1).
"participating jurisdiction" has the same meaning as in the National Law;
S. 3(1) def. of payment inserted by No. 37/2019 s. 5(1).
"payment", in relation to a prescribed fee, includes payment by electronic or other means;
S. 3(1) def. of person inserted by No. 37/2019 s. 5(1).
"person" means—
(a) an individual; or
(b) a body corporate; or
(c) an eligible association; or
(d) a partnership; or
(e) a prescribed entity;
S. 3(1) def. of person in day-to-day charge inserted by No. 37/2019 s. 5(1).
"person in day-to-day charge", in relation to a children's service, means a person who is placed in day-to-day charge of the service in accordance with the regulations;
S. 3(1) def. of person with management or control inserted by No. 37/2019 s. 5(1), substituted by No. 43/2022 s. 39.
"person with management or control" means a person referred to in section 3A;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 17.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of prescribed ineligible person inserted by No. 37/2019 s. 5(1).
"prescribed ineligible person" means a person in a class of persons prescribed by the regulations to be prescribed ineligible persons;
S. 3(1) def. of primary nominee inserted by No. 22/2008 s. 3(1), substituted by No. 80/2011 s. 4(1)(c), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of prohibition notice inserted by No. 37/2019 s. 5(1).
"prohibition notice "means a prohibition notice given under section 123(1) or (3);
S. 3(1) def. of proprietor amended by No. 22/2008 s. 3(3), substituted by No. 80/2011 s. 4(1)(d), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of protected disclosure inserted by No. 37/2019 s. 5(1).
protected disclosure has the meaning set out in section 183 ;
S. 3(1) def. of provider approval inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(f).
"provider approval" means—
(a) an approval granted under Part 2; and
(b) if an approval granted under Part 2 has been amended under this Act, the approval as amended—
but does not include such an approval that has been cancelled;
S. 3(1) def. of public authority inserted by No. 37/2019 s. 5(1).
"public authority" means a body established for a public purpose by or under an Act;
S. 3(1) def. of receiving approved provider inserted by No. 37/2019 s. 5(1).
receiving approved provider has the meaning set out in section 58;
S. 3(1) def. of registered medical practitioner inserted by No. 22/2008 s. 3(1), substituted by No. 13/2010 s. 51(Sch. item 13), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of Regulatory Authority inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(g).
"Regulatory Authority" means the Secretary;
S. 3(1) def. of relative amended by No. 29/2011 s. 3(Sch. 1 item 10.1).
"relative", in relation to a child means a parent, grandparent, brother, sister, uncle, aunt or cousin of the whole blood or half-blood or by marriage including a de facto marriage, and whether or not the relationship depends on adoption of the child;
S. 3(1) def. of relevant entity inserted by No. 43/2022 s. 7.
"relevant entity" means an approved provider of an approved children's service;
S. 3(1) def. of residence inserted by No. 37/2019 s. 5(1).
"residence "means the habitable areas of a dwelling;
S. 3(1) def. of responsible person inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).
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S. 3(1) def. of school inserted by No. 22/2008 s. 3(1), amended by No. 37/2019 s. 5(3)(b).
"school" means a Government school or non‑Government school, within the meaning of the Education and Training Reform Act 2006 ;
S. 3(1) def. of Secretary substituted by No. 58/2007 s. 52(1)(b), amended by No. 37/2019 s. 5(3)(c).
"Secretary" means the Secretary to the Department of Education and Training;
S. 3(1) def. of sector regulator inserted by No. 43/2022 s. 7.
"sector regulator" has the same meaning as in the Child Wellbeing and Safety Act 2005 ;
S. 3(1) def. of serious incident inserted by No. 37/2019 s. 5(1).
"serious incident "means an incident or class of incidents prescribed by the regulations as a serious incident;
S. 3(1) def. of service approval inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(h).
"service approval "means a service approval—
(a) granted under Part 3; and
(b) if an approval granted under Part 3 has been amended under this Act, the approval as amended—
but does not include such an approval that has been cancelled;
S. 3(1) def. of sibling inserted by No. 22/2008 s. 3(1), repealed by No. 80/2011 s. 4(1)(e).
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S. 3(1) def. of staff member inserted by No. 37/2019 s. 5(1).
"staff member", in relation to a children's service, means any individual (other than a nominated supervisor or a volunteer) employed, appointed or engaged to work in or as part of a children's service, whether as an educator or otherwise;
S. 3(1) def. of supervisor certificate inserted by No. 80/2011 s. 4(1)(a), repealed by No. 9/2017 s. 69.
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S. 3(1) def. of this Act amended by No. 37/2019 s. 5(3)(d).
"this Act" includes regulations made under the Act;
S. 3(1) def. of transferring approved provider inserted by No. 37/2019 s. 5(1).
transferring approved provider has the meaning set out in section 58;
S. 3(1) def. of working with children assessment notice inserted by No. 37/2019 s. 5(1), repealed by No. 34/2020 s. 177(c).
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S. 3(1) def. of working with vulnerable people law inserted by No. 37/2019 s. 5(1), amended by No. 34/2020 s. 177(b).
"working with vulnerable people law" has the same meaning as in the National Law;
S. 3(1) def. of WWC clearance inserted by No. 34/2020 s. 177(a).
"WWC clearance" has the same meaning as in the Worker Screening Act 2020 .
S. 3(1A) inserted by No. 37/2019 s. 5(5).
(1A) For the purposes of the definition of de facto relationship in subsection (1)—
(a) registered domestic relationship has the same meaning as in the Relationships Act 2008 ; or
(b) in determining whether persons who are not in a registered domestic relationship are in a de facto relationship, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 3(1B) inserted by No. 37/2019 s. 5(5).
(1B) In this Act, a reference to education and care includes a reference to education or care.
S. 3(2) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 30), 58/2007 s. 52(2), repealed by No. 37/2019 s. 5(6).
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S. 3(3) amended by No. 80/2011 s. 4(2), substituted by No. 37/2019 s. 5(7).
(3) In this Act, a children's service is a children's service even if the service also provides education and care to children of or over the age of 13 years.
S. 3(4) inserted by No. 80/2011 s. 4(3), substituted by No. 37/2019 s. 5(7).
(4) In this Act, a reference (either generally or specifically) to a law or a provision of a law (including this Act and the National Law) includes a reference to any statutory instrument made or in force under the law or provision.
S. 3A inserted by No. 43/2022 s. 40.