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adult means a person who is of or above the age of 18 years.

approved means approved by the Director-General.

approved first aid qualification means:

(a) a successfully completed first aid course that is approved by the WorkCover Authority for the purposes of the Occupational Health and Safety Regulation 2001 and that specifically relates to first aid and emergency care of children and meets the guidelines issued for the purposes of this definition by the Department, or
(b) another successfully completed first aid course approved by the Director-General for the purposes of this definition.

authorised supervisor has the same meaning as in section 199 of the Act.
Note: Section 199 of the Act defines authorised supervisor, in relation to a children’s service, as the person specified as the authorised supervisor in the licence for the service.

Building Code of Australia has the same meaning as in the Environmental Planning and Assessment Act 1979.

centre based children’s service has the same meaning as in section 199 of the Act.
Note: centre based children’s service is defined in section 199 of the Act as a children’s service that is provided at a fixed premises (other than the home of the licensee of the service).

child protection legislation means the Child Protection (Prohibited Employment) Act 1998, the Children and Young Persons (Care and Protection) Act 1998, the Commission for Children and Young People Act 1998 and Part 3A of the Ombudsman Act 1974.

children’s service means a centre based children’s service, a mobile children’s service, a family day care children’s service or a home based children’s service.

children’s service record means a record required to be kept under clause 92.

client of the Department means a person to whom services are provided or assistance is given by any person or body under any Act administered by the Minister for Community Services.

contractor, in relation to a children’s service, means a person engaged by the licensee of the children’s service to perform a service on the premises of the children’s service, but does not include:

(a) a person engaged by a contract of employment, or
(b) a person engaged to deliver any item to the service.

de facto partner, in relation to a person, means any other person with whom the person is in a de facto relationship within the meaning of the Property (Relationships) Act 1984.

developmental record of a child means an ongoing record of all aspects of the individual development of the child.

diploma means a diploma in early childhood studies awarded by a university, a TAFE establishment or a registered training organisation.

duly certified means certified in accordance with guidelines approved by the Director-General.

excursion means an activity carried out for a recreational or educational purpose:

(a) in the case of a centre based or mobile children’s service, under the supervision of one or more members of staff of the service at a place other than the premises of the service, and
(b) in the case of a family day care children’s service, under the supervision of one or more carers at a place other than the home of a carer of the service, and
(c) in the case of a home based children’s service, under the supervision of the home based licensee at a place other than the home of the home based licensee.
exercise a function includes perform a duty.

family day care carer means:

(a) a natural person who is directly involved, at his or her home, in educating, supervising or caring for children for a family day care children’s service (a primary carer), or
(b) a natural person who is directly involved, at a primary carer’s home, in educating, supervising or caring for children for a family day care children’s service so as to relieve the primary carer (a relief carer), being in either case a natural person whose name is on the family day care register for the service.

family day care children’s service has the same meaning as in section 199 of the Act.
Note: family day care children’s service is defined in section 199 of the Act as a children’s service that organises or arranges for the care to be provided at the home of a carer other than the licensee of a home based children’s service.

family day care register means a register for a family day care children’s service referred to in clause 100.

function includes a power, authority or duty.

group of children, in relation to a centre based or mobile children’s service, means one or more children supervised by one or more members of the primary contact staff of the service in:

(a) an individual room or well-defined space within a room, or
(b) a part of a room that is recognisably a space for a group,
(c) a well-defined outdoor area that is recognisably a space for a group.

health fund means a registered organisation within the meaning of the National Health Act 1953 of the Commonwealth.

home based children’s service has the same meaning as in section 199 of the Act.
Note: home based children’s service is defined in section 199 of the Act as a children’s service in which the care (not being care organised or arranged by a family day care children’s service) is provided at the home of the carer, not being the home of any of the children receiving the care (other than a child related to the carer).

home based licensee means the licensee of a home based children’s service.

home of a family day care carer means the premises where a carer of a family day care children’s service resides for most of the time.

home of a home based licensee means the premises where the licensee of a home based children’s service resides for most of the time.

independent referee, in relation to an applicant for a licence or a proposed authorised supervisor, means:

(a) in the case of an applicant for a licence who is a natural person, a natural person who is not a relative of the applicant or of a spouse or de facto partner of the applicant, or
(b) in the case of an applicant for a licence who is a public authority, a natural person who:

(i) is not a relative of the chief executive officer (however described) of the public authority or of a spouse or de facto partner of the chief executive officer, and
(ii) if the public authority is a local authority, is not a relative of the manager of community services (however described) of the local authority or of a spouse or de facto partner of the manager of community services, or

(c) in the case of an applicant for a licence who is neither a natural person nor a public authority, a natural person who:

(i) is not involved in the control and management of the applicant, and
(ii) if the applicant is a corporation and a majority shareholder of the applicant is another corporation, is not involved in the control and management of the majority shareholder corporation, or

(d) in the case of a proposed authorised supervisor, a natural person who is not a relative of the proposed authorised supervisor or of a spouse or de facto partner of the proposed authorised supervisor.

licence has the same meaning as in section 199 of the Act.
Note: licence is defined in section 199 of the Act as a licence that has been granted under the Act and is in force.

licensee has the same meaning as in section 199 of the Act.
Note: licensee is defined in section 199 of the Act in relation to a children’s service as the person specified as the licensee in the licence for the service.

local authority means a council or a county council within the meaning of the Local Government Act 1993.

major road means:

(a) a two-way road with a dividing line or median strip that indicates the parts of the road to be used by vehicles travelling in opposite directions, or
(b) a one-way road with more than one marked lane.

majority shareholder has the same meaning as in section 199 of the Act.
Note: majority shareholder is defined in section 199 of the Act in relation to a corporation as a person holding 50% or more of the shares of the corporation.

medicare number has the same meaning as in section 84 of the National Health Act 1953 of the Commonwealth.

mobile children’s service has the same meaning as in section 199 of the Act.
Note: mobile children’s service is defined in section 199 of the Act as a children’s service that visits specific premises, areas or places at specific times for the purpose of providing the care.
mobile children’s service register is a register for a mobile children’s service required to be kept as a condition of a licence for a mobile children’s service.

non-routine excursion, in relation to a children’s service, means an excursion that is not a routine excursion.
Note: An example of a non-routine excursion is a visit to a zoo or museum.

notifiable offence - see clause 5.

parent of a child has the same meaning as in the Act.
Note: parent is defined in the Act as a person having parental responsibility for the child or young person. Parental responsibility is defined as meaning all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

Part 3 facilities and equipment requirements means the requirements arising under Part 3.

Part 4 staffing requirements means the requirements arising under Part 4.

Part 6 operational requirements means the requirements arising under Part 6.

Part 7 administrative requirements means the requirements arising under Part 7.
premises includes a structure, building, vehicle, vessel or place (including a public or other place), whether built on or not, and any part of such a structure, building, vehicle, vessel or place.

premises of a centre based children’s service means the premises at which a centre based children’s service is provided as specified in the licence for the service, and includes any part of those premises.

premises of a children’s service means:

(a) in relation to a centre based children’s service, the premises of the service, and
(b) in relation to a mobile children’s service, the premises of the service, and
(c) in relation to a family day care children’s service, the home of a family day care carer of the service, and
(d) in relation to a home based children’s service, the home of the licensee of the service.
premises of a mobile children’s service means any premises at which a mobile children’s service is provided from time to time as specified in the licence for the service, and includes any part of those premises.

pre-school child means a child who is under 6 years of age and who does not ordinarily attend school.

primary contact staff, in relation to a centre based or mobile children’s service, means:

(a) any member of the staff of the service who is directly involved in educating or caring for children at the service, or
(b) the licensee of the service at any time while the licensee is directly involved in educating or caring for children at the service, or
(c) a trainee who is at the service as a formal part of studies at an educational institution,
but does not include:
(d) a person who is engaged solely in administrative, clerical or domestic duties at the service, or
(e) a person who is at the service for the purpose of work experience, or
(f) a volunteer who is assisting in the provision of the service.

public authority means:

(a) a public authority constituted by or under an Act, or
(b) a local authority, or
(c) a Government Department or government agency, or
(d) a statutory body representing the Crown, or
(e) a university or TAFE establishment.

registered training organisation means an education or training provider registered under the Vocational Education and Training Accreditation Act 1990 or under a law of the Commonwealth or of another State or Territory that corresponds to that Act.

relative of a person means:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse, or
(b) a spouse or de facto partner of the person or of a person referred to in paragraph (a).

required abilities to care for children - see clause 6.

routine excursion, in relation to a children’s service, means an excursion that is undertaken at least once a month to a particular place in the locality of the place where the service is provided.
Note: an example of a routine excursion is a daily walk to a nearby park or to a nearby library to borrow books.

school age child means a child who is of or above the age of 4 years and 6 months.

school child means a child who has started attending school.

staff of a children’s service means those persons employed for remuneration by the licensee of the service who are engaged in the provision of the service.

TAFE establishment has the same meaning as in the Technical and Further Education Commission Act 1990.

temporary supervisor - see clause 103.

the Act means the Children and Young Persons (Care and Protection) Act 1998.

trainee means a person who is enrolled at a registered training organisation in a duly accredited child care course under the Vocational Education and Training Accreditation Act 1990.

venue management plan - see clause 17.

volunteer, in relation to a service, means a person who assists in the provision of the service but is not employed or engaged for remuneration in relation to that assistance.