An Act to amend the Children (Education and Care Services) Supplementary Provisions Act 2011 to further provide for the regulation of certain children’s education and care services and to further align the regulation of those services with the Children (Education and Care Services) National Law (NSW); and for other purposes.
1 Name of Act
This Act is the Children (Education and Care Services) Supplementary Provisions Amendment Act 2018.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by this section.(2) Schedule 1 [34]–[37] commence on the date of assent to this Act.
Schedule 1 (Repealed)
sch 1: Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.
Schedule 2 Consequential amendments
[1] Section 5 Definitions
Omit the definitions of certified supervisor and home based education and care service from section 5 (1).
[2] Section 5 (1), definition of “notifiable person”
Omit “home based education and care service or” from paragraph (c).
[3] (Repealed)
[4] Section 10 Adult persons residing with authorised carers or persons providing family day care services
Omit “home based education and care service or” wherever occurring in section 10 (1) and (2).
[5] Section 11B Responsible agency must verify person has clearance or current application
Omit “a home based education and care service or” from section 11B (1) (c).
[6] Section 17 Interim bars
Omit “home based education and care service or” from section 17 (1) (c).
[1] Clause 18 Proof of identity
Omit “home based education and care service or” from clause 18 (3) (a).
[2] (Repealed)
Standard instrument, Dictionary
Omit the definition of home-based child care. Insert instead:home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.Note—A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Clause 5 Interpretation
Omit the definition of home-based child care from the note to clause 5 (1). Insert instead:home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.Note—A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Dictionary
Omit the definition of home-based child care. Insert instead:home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.Note—A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Dictionary
Omit the definition of home-based child care. Insert instead:home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.Note—A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Dictionary
Omit the definition of home-based child care. Insert instead:home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.Note—A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
sch 2: Am 1987 No 15, sec 30C.