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CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 5
Definitions
(1) In this Law--
"approval in principle" means an approval in principle granted under section
110 for a proposed education and care service premises;
"approval in principle criteria" means, of the national regulations that
regulate the education and care service premises, those which are prescribed
to be the approval in principle criteria;
"approval in principle holder" means-- (a) a person granted an approval in
principle under section 110; or
(b) if the approval in principle is
transferred to another person under section 118 or 119, that person;
"approved education and care service" means an education and care service for
which a service approval exists;
"approved family day care service" means an approved education and care
service that is a family day care service;
"approved family day care venue" means a place (other than a residence)
approved under section 50A or 54(8A) as a family day care venue for an
approved family day care service;
"approved learning framework" means a learning framework approved by the
Ministerial Council;
"approved provider" means a person who holds a provider approval;
"associated children's service" means a children's service that is operated or
intended to be operated by an approved provider at the same place as an
approved education and care service;
"Australian Accounting Standards" means the standards issued or pronounced by
the Australian Accounting Standards Board;
"authorised officer" means a person authorised to be an authorised officer
under Part 9;
"Authority Fund" means the Australian Children's Education and Care Quality
Authority Fund established under section 274;
"Board" means the Australian Children's Education and Care Quality Authority
Board established under this Law;
"chief executive officer" means the chief executive officer of the National
Authority appointed under this Law;
"children's service" means a service providing or intended to provide
education and care on a regular basis to children under 13 years of age that
is primarily regulated under a children's services law of a participating
jurisdiction and is not an education and care service;
"children's services law" , in relation to a participating jurisdiction, means
a law declared by a law of that jurisdiction to be a children's services law
for the purposes of this Law;
"children's services regulator" , in relation to a participating jurisdiction,
means a person declared by a law of that jurisdiction to be the children's
services regulator for the purposes of this Law;
"Commonwealth Minister" means the Minister of the Commonwealth who is
responsible for policies and programs relating to education and care services;
"compliance direction" means a compliance direction under section 176;
"compliance notice" means a compliance notice under section 177;
"education and care service" means any service providing or intended to
provide education and care on a regular basis to children under 13 years of
age other than-- (a) a school providing full-time education to children,
including children attending in the year before grade 1 but not including a
preschool program delivered in a school or a preschool that is registered as a
school; or
(b) a preschool program delivered in a school if-- (i) the program
is delivered in a class or classes where a full-time education program is also
being delivered to school children; and
(ii) the program is being delivered
to fewer than 6 children in the school; or
(c) a personal arrangement; or
(d) a service principally conducted to provide instruction in a particular
activity; or Example--: Instruction in a particular activity could be
instruction in sport, dance, music, culture or language or religious
instruction.
(e) a service providing education and care to patients in a
hospital or patients of a medical or therapeutic care service; or
(f) care
provided under a child protection law of a participating jurisdiction; or
(g)
a prescribed class of disability service; or
(h) a service of a prescribed
class;
Example--: Education and care services to which this Law applies
include long day care services, family day care services, outside school hours
services and preschool programs including those delivered in schools, unless
expressly excluded.
"education and care service premises" means-- (a) in relation to an education
and care service other than a family day care service, each place at which an
education and care service operates or is to operate; or
(b) in relation to a
family day care service-- (i) an office of the family day care service; or
(ii) an approved family day care venue; or
(iii) each part of a residence
used to provide education and care to children as part of a family day care
service or used to provide access to the part of the residence used to provide
that education and care;
"education law" , in relation to a participating jurisdiction, means a law
declared by a law of that jurisdiction to be an education law for the purposes
of this Law;
"educator" means an individual who provides education and care for children as
part of an education and care service;
"eligible association" means an association of a prescribed class;
"family day care co-ordinator" means a person employed or engaged by an
approved provider of a family day care service to monitor and support the
family day care educators who are part of the service;
"family day care educator" means an educator engaged by or registered with a
family day care service to provide education and care for children in a
residence or at an approved family day care venue;
"family day care educator assistant" means a person engaged by or registered
with a family day care service to assist family day care educators;
"family day care residence" means a residence at which a family day care
educator educates and cares for children as part of a family day care service;
"family day care service" means an education and care service that-- (a) is
delivered through the use of 2 or more educators to provide education and care
to children; and
(b) operates from 2 or more residences;
Note--: A family
day care service that is an approved family day care service may provide
education and care to children from a family day care residence or an approved
family day care venue.
"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 half-blood 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;
"former education and care services law" , in relation to a participating
jurisdiction, means a law declared by a law of that jurisdiction to be a
former education and care services law for the purposes of this Law;
"grade 1" , in relation to a school, means the first year of compulsory
full-time schooling;
"guardian" , in relation to a child, means the legal guardian of the child;
"infringements law" , in relation to a participating jurisdiction, means a law
declared by a law of that jurisdiction to be an infringements law for the
purposes of this Law;
"mandatory approval in principle jurisdiction" means a Part 4 jurisdiction in
which section 49A of this Law applies; Note: See section 49A.
"Ministerial Council" means the Ministerial Council which-- (a) is constituted
from time to time by Ministers of the Crown of the Commonwealth, State and
Territory Governments; and
(b) is responsible for early childhood education
and care matters;
"National Authority" means the Australian Children's Education and Care
Quality Authority established under this Law;
"national education and care services quality framework" means-- (a) this Law;
and
(b) the national regulations; and
(c) the National Quality Standard; and
(d) the prescribed rating system;
"National Partnership Agreement" means the National Partnership Agreement on
the National Quality Agenda for Early Childhood and Care entered into by the
States and Territories and the Commonwealth on 7 December 2009, as amended
from time to time;
"National Quality Framework" means the national education and care services
quality framework;
"National Quality Standard" means the National Quality Standard prescribed by
the national regulations;
"national regulations" means the regulations made under this Law;
"nominated supervisor" , in relation to an education and care 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;
"office" , in relation to a family day care service, means-- (a) the principal
office of the service; or
(b) the principal office of the approved provider
of the service; or
(c) any other business office of the approved provider of
the service; or
(d) any premises of the service from which the service's
family day care educators are co-ordinated;
"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;
"Part 4 building" means-- (a) a building that has 3 or more storeys (including
the ground level and each level of a split level); or
(b) a building of a
prescribed class;
"Part 4 building law" , in relation to a participating jurisdiction, means a
law declared by or under a law of that jurisdiction to be a Part 4 building
law;
"Part 4 jurisdiction" means a participating jurisdiction in which Part 4 of
this Law applies; Note: See section 105.
"Part 4 planning law" , in relation to a participating jurisdiction, means a
law declared by or under a law of that jurisdiction to be a Part 4 planning
law;
"participating jurisdiction" means a State or Territory in which-- (a) this
Law applies as a Law of the State or Territory; or
(b) a law that
substantially corresponds to the provisions of this Law has been enacted;
"payment" , in relation to a prescribed fee, includes payment by electronic or
other means;
"person" means-- (a) an individual; or
(b) a body corporate; or
(c) an
eligible association; or
(d) a partnership; or
(e) a prescribed entity;
"person in day-to-day charge" , in relation to an education and care service,
means a person who is placed in day-to-day charge of the service in accordance
with the national regulations;
"person with management or control" means a person referred to in section 5A;
"personal arrangement" means education and care provided to a child-- (a) by a
family member or guardian of a child personally, otherwise than as a staff
member of, or under an engagement with, a service providing education and care
on a regular basis to children under 13 years of age; or
(b) by a friend of
the family of the child personally under an informal arrangement where no
offer to provide that education and care was advertised;
"preschool program" means an early childhood educational program delivered by
a qualified early childhood teacher to children in the year that is 2 years
before grade 1 of school;
"prescribed ineligible person" means a person in a class of persons prescribed
by the national regulations to be prescribed ineligible persons;
"prohibition notice" means a prohibition notice given under section 182(1) or
182(3);
"protected disclosure" --see section 296;
"provider approval" means a provider approval-- (a) granted under Part 2 of
this Law or this Law as applying in another participating jurisdiction; and
(b) as amended under this Law or this Law as applying in another participating
jurisdiction--
but does not include a provider approval that has been
cancelled;
"public sector law" , in relation to a participating jurisdiction, means a law
declared by a law of that jurisdiction to be a public sector law for the
purposes of this Law;
"rating assessment" means an assessment or reassessment of an approved
education and care service under Part 5;
"Ratings Review Panel" means a Ratings Review Panel established under
section 146;
"receiving approved provider" has the meaning set out in section 58;
"Regulatory Authority" means a person declared by a law of a participating
jurisdiction to be the Regulatory Authority for that jurisdiction or for a
class of education and care services for that jurisdiction;
"relevant Commonwealth Department" means the government department
administered by the Commonwealth Minister;
"relevant tribunal or court" , in relation to a participating jurisdiction,
means the tribunal or court declared by a law of that jurisdiction to be the
relevant tribunal or court for the purposes of this Law or a provision of this
Law;
"residence" means the habitable areas of a dwelling;
"school children" includes children attending school in the year before grade
1;
"school" means-- (a) a government school; or
(b) a non-government school that
is registered or accredited under an education law of a participating
jurisdiction;
"serious detrimental action" --see section 296;
"serious incident" means an incident or class of incidents prescribed by the
national regulations as a serious incident;
"service approval" means a service approval-- (a) granted under Part 3 of this
Law or this Law as applying in another participating jurisdiction; and
(b) as
amended under this Law or this Law as applying in another participating
jurisdiction--
but does not include a service approval that has been
cancelled;
"staff member" , in relation to an education and care service, means any
individual (other than a nominated supervisor or a volunteer) employed,
appointed or engaged to work in or as part of an education and care service,
whether as family day care co-ordinator, educator or otherwise;
"transferring approved provider" has the meaning set out in section 58;
"working with children card" means a card issued to a person under a working
with children law of a participating jurisdiction that permits that person to
work with children;
"working with children check" means a notice, certificate or other document
granted to, or with respect to, a person under a working with children law to
the effect that-- (a) the person has been assessed as suitable to work with
children; or
(b) there has been no information that if the person worked with
children the person would pose a risk to the children; or
(c) the person is
not prohibited from attempting to obtain, undertake or remain in child-related
employment;
"working with children law" , in relation to a participating jurisdiction,
means a law declared by a law of that jurisdiction to be a working with
children law for the purposes of this Law;
"working with vulnerable people law" , in relation to a participating
jurisdiction, means a law declared by a law of that jurisdiction to be a
working with vulnerable people law for the purposes of this Law.
(2) In this
Law, a reference (either generally or specifically) to a law or a provision of
a law (including this Law) includes a reference to the statutory instruments
made or in force under the law or provision.
(3) In this Law a reference to
education and care includes a reference to education or care.
(4) In this
Law, an education and care service as defined in subsection (1) is an
education and care service even if the service also provides education and
care to children of or over the age of 13 years.
(5) In this Law, a
children's service as defined in subsection (1) is a children's service even
if the service also provides education and care to children of or over the age
of 13 years.
(6) In this Law, a reference to this Law as applying in a
jurisdiction includes a reference to a law that substantially corresponds to
this Law enacted in a jurisdiction.
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