Child Care Act 2001

Child care is the provision, for fee or other material benefit, of care to a child by a person other than – the child's parent; or a member of the child's extended family.

Child care may be provided in the child's residence, a person's residence, a school, a church, a shop or any other premises.

Except as provided in subsection (4), the provision of education at a school, or by home education, within the meaning of the Education Act 2016, is not the provision of child care.

The provision of an education and care service, and the education and care of a child as part of an education and care service, are not the provision of child care.

If a school or other person provides early childhood education for a child who is less than 5 years of age, the Secretary may determine, by written notice provided to the school or other person – that the school or other person is providing child care for that child; and the kind of child care being provided.