Victorian Numbered Acts

EDUCATION AND CARE SERVICES NATIONAL LAW AMENDMENT ACT 2017 (NO. 9 OF 2017) - SECT 4

In section 5(1) of the National Law—

        (a)             insert the following definitions—

""family day care educator assistant" means a person engaged by or registered with a family day care service to assist family day care educators;

"person in day-to-day charge", in relation to an education and care service, means a person who is placed in day-to-day charge of the service in accordance with the national regulations;

"prohibition notice" means a prohibition notice given under section 182(1) or 182(3);

"serious incident" means an incident or class of incidents prescribed by the national regulations as a serious incident;";

        (b)     for the definition of approved family day care venue substitute —

""approved family day care venue" means a place (other than a residence) approved under section 50A or 54(8A) as a family day care venue for an approved family day care service;";

        (c)     for the definition of family day care service substitute —

""family day care service" means an education and care service that—

        (a)     is delivered through the use of 2 or more educators to provide education and care to children; and

        (b)     operates from 2 or more residences;

Note

A family day care service that is an approved family day care service may provide education and care to children from a family day care residence or an approved family day care venue.";

        (d)     for the definition of Ministerial Council substitute —

""Ministerial Council" means the Ministerial Council which—

        (a)     is constituted from time to time by Ministers of the Crown of the Commonwealth, State and Territory Governments; and

        (b)     is responsible for early childhood education and care matters;";

        (e)     for the definition of nominated supervisor substitute —

""nominated supervisor", in relation to an education and care service, means an individual who—

        (a)     is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and

        (b)     unless the individual is the approved provider, has provided written consent to that nomination;";

Note

The note to the amended definition of nominated supervisor is to read:

An individual may be both a nominated supervisor of a family day care service and a family day care co-ordinator for that service if the individual meets the criteria for each role.

        (f)     for the definition of office substitute —

""office", in relation to a family day care service, means—

        (a)     the principal office of the service; or

        (b)     the principal office of the approved provider of the service; or

        (c)     any other business office of the approved provider of the service; or

        (d)     any premises of the service from which the service's family day care educators are co-ordinated;";

        (g)     in the definition of "staff member", for "the nominated supervisor" substitute "a nominated supervisor";

        (h)     the definitions of certified supervisor and supervisor certificate are repealed .