4Meaning of “State regulated education and care
service”
(1)
For the purposes of this Act, each of the
following is a State regulated
education and care service:
(a)
a mobile education and
care service, being an education and care service that
visits specific premises, areas or places at specified times for the purpose
of providing the care,
(b)
an occasional
education and care service, being an education and care
service that is provided at fixed premises (other than the home of the
approved provider of the service) primarily on an ad hoc or casual basis and
that does not usually offer full-time or all day education and care to
children on an ongoing basis.
(2)
An education and care
service is a service that provides education or care (other
than residential care), or both education and care, whether directly or
indirectly, for one or more children under the age of 6 years and who do not
ordinarily attend school (disregarding any children who are related to the
person providing the care).
(3)
However, a State
regulated education and care service does not include any of
the following:
(a)
a service that is an education and care service
within the meaning of the National Law (disregarding this
Act),
(b)
a service provided by a designated agency within
the meaning of the Children and Young Persons (Care and
Protection) Act 1998,
(c)
a babysitting, playgroup or child-minding service
that is organised informally by the parents of the children
concerned,
(d)
a service provided for fewer than 5 children
(disregarding any children who are related to the person providing the
service) at the premises at which at least one of the children resides, being
a service that is not advertised,
(e)
a service involving medical or clinical care
provided by a hospital,
(f)
a regular child-minding service:
(i)
that is provided in connection with a hospital,
health service or a recreational or commercial facility,
and
(ii)
that is provided by or on behalf of the person
conducting the hospital, health service or recreational or commercial
facility, and
(iii)
that is provided to care for children
only:
(A)
while a sibling of the child being cared for is
being treated at the hospital or health service, or
(B)
while the children’s parents or authorised
carers are visiting or being treated at the hospital or health service or are
using the recreational or commercial facility,
(g)
a service principally conducted to provide
instruction in a particular activity,
Note—
Instruction in sport, dance, music, culture,
language or religion are examples.
(h)
a service under which formal education in
accordance with the school curriculum set out in Part 3 of the Education Act 1990 is provided by a
government school or a registered non-government school within the meaning of
that Act,
(i)
a service provided at exempt premises, but only
if the service is established, registered or licensed as part of the
institution operating on those premises,
(j)
a service excluded from the operation of this Act
by the regulations.
(4)
In this section:
hospital means:
(a)
a private health facility licensed under the
Private Health Facilities Act 2007,
or
(b)
a declared mental health facility or a private
mental health facility within the meaning of the Mental Health
Act 2007, or
(c)
a public hospital within the meaning of the
Health Services Act
1997.
s 4: Am 2018 No 46,
Sch 1 [3] [4].