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Contents (2010 - 104a)
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Children (Education and Care Services) National Law (NSW) No 104a
Current version for 1 May 2013 to date (accessed 19 August 2017 at 23:04)
Part 1 Section 5
5   Definitions
(1)  In this Law—
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 where an approved family day care service is provided;
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;
certified supervisor means a person who holds a supervisor certificate;
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 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 is delivered through the use of 2 or more educators to provide education and care for children in residences whether or not the service also provides education and care to children at a place other than a residence;
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;
Ministerial Council means the Ministerial Council consisting of the persons who from time to time hold office as Ministers of the Crown responsible for early childhood education or care in the governments of the States and Territories and the Commonwealth;
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 a person—
(a)  who is a certified supervisor; and
(b)  who is nominated by the approved provider of the service under Part 3 to be the nominated supervisor of that service; and
(c)  who has consented to that nomination;
Note.
 A person may be both the nominated supervisor of a family day care service and the family day care co-ordinator for that service if the person meets the criteria for each role.
office, in relation to a family day care service, means—
(a)  the principal office or any other business office of the approved provider of the service; or
(b)  any premises of the service from which its 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;
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 with management or control, in relation to an education and care service, means—
(a)  if the provider or intended provider of the service is a body corporate, an officer of the body corporate within the meaning of the Corporations Act 2001 of the Commonwealth who is responsible for managing the delivery of the education and care service; or
(b)  if the provider of the service is an eligible association, each member of the executive committee of the association who has the responsibility, alone or with others, for managing the delivery of the education and care service; or
(c)  if the provider of the service is a partnership, each partner who has the responsibility, alone or with others, for managing the delivery of the education and care service; or
(d)  in any other case, a person who has the responsibility, alone or with others, for managing the delivery of the education and care service;
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;
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;
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 the 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;
supervisor certificate means a supervisor certificate—
(a)  issued under Part 4 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 supervisor certificate that has been cancelled;
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.