Victorian Numbered Acts

CHILDREN'S SERVICES AMENDMENT ACT 2011 (NO. 80 OF 2011) - SECT 4

    (1)     In section 3(1) of the Principal Act—

        (a)     insert the following definitions—

""approved associated children's service" means an associated children's service that is included in a service approval for an approved education and care service under the National Law;

"approved education and care service" means an education and care service for which a service approval exists under the National Law;

"approved provider" means—

        (a)     a person who holds a provider approval under the National Law; and

        (b)     in relation to an approved associated children's service, the person who holds the service approval that includes the approved associated children's service;

"associated children's service" means a children's service that is operated or intended to be operated—

        (a)     at the same place as an approved education and care service; and

        (b)     by the person who is the approved provider for that education and care service;

"certified supervisor" means a person who holds a supervisor certificate;

"education and care service "means a service that is an education and care service within the meaning of section 5(1) of the National Law;

"National Law "means the Education and Care Services National Law (Victoria);

"national regulations "means the regulations made under the National Law;

"nominated supervisor", in relation to an education and care service, means a person who is a nominated supervisor within the meaning of section 5(1) of the National Law;

"provider approval "means a provider approval within the meaning of section 5(1) of the National Law;

"Regulatory Authority" means a person declared under section 8 of the Education and Care Services National Law Act 2010 ;

"responsible person", in relation to an approved associated children's service, means—

        (a)     the approved provider, if the approved provider is an individual; or

        (b)     in any other case, a person with management or control of the approved associated children's service operated by the approved provider;

"service approval" means a service approval within the meaning of section 5(1) of the National Law;

"supervisor certificate" means a supervisor certificate within the meaning of section 5(1) of the National Law;";

        (b)     for the definition of nominee substitute —

""nominee" means—

        (a)     in relation to a children's service other than an approved associated children's service, a person who is an approved nominee or an accepted nominee under Part 3 for that service;

        (b)     in relation to an approved associated children's service, a person who is an approved nominee under Part 3A for that service;";
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        (c)     for the definition of primary nominee substitute —

""primary nominee" means—

        (a)     in relation to a children's service other than an approved associated children's service—

              (i)     if there is one nominee for that service, that nominee;

              (ii)     if there is more than one nominee for that service, the nominee who is approved under Part 3 as the primary nominee for that service;

        (b)     in relation to an approved associated children's service, a person who is the primary nominee for the service under Part 3A;";

        (d)     for the definition of proprietor substitute —

""proprietor" includes—

        (a)     in relation to a children's service—

              (i)     the owner of the service and the primary nominee for the service; and

              (ii)     any person who manages or controls the service or, in the case of an approved associated children's service, the responsible person for the service; and

        (b)     in relation to any proposed children's service, includes the person who proposes to operate the service;";

        (e)     the definitions of "family day care service", family day care venue , family day carer and sibling are repealed .

    (2)     In section 3(3) of the Principal Act, for "licensee" substitute "licensee, approved provider".

    (3)     After section 3(3) of the Principal Act insert —

    "(4)     In this Act, a reference to a person with management or control of an approved associated children's service is a reference to a person with management or control of the relevant approved education and care service within the meaning of the National Law.".