Terms used
3 Terms used
In this Act, unless the contrary intention appears —
amendment application means an application under section 32 for the amendment of a licence;
approved means approved by the CEO;
carer has the meaning given in the Children and Community Services Act 2004 section 3;
CEO means the chief executive officer of the Department;
child means a person who is under 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently under 18 years of age;
child care service has the meaning given in section 4;
compliance notice means a compliance notice given under section 43M;
compliance purposes means the purposes of performing one or more of the functions mentioned in section 41A;
corporate applicant means a licence applicant that is a body corporate but is not a public authority;
corporate licensee means a licensee that is a body corporate but is not a public authority;
criminal record check means a document issued by the Police Force of Western Australia, the Australian Federal Police or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, the criminal convictions of an individual for offences under the law of this State, the Commonwealth, another State or a Territory;
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
departmental officer means a person employed in, or engaged for the purposes of, the Department;
entry warrant means an entry warrant issued under Part 4 Division 2;
family day care service means a type of child care service prescribed as a family day care service for the purposes of this Act;
individual applicant means a licence applicant who is an individual;
licence means a licence under this Act;
licence applicant means —
in the case of a licence application made on behalf of a public authority — the public authority; and
in the case of any other licence application — the person who makes the application;
licence application means an application under section 10;
licence document means a licence document issued under section 33;
licensee means a person who holds a licence;
licensing officer means a person designated as a licensing officer under section 40(1);
managerial officer, in relation to a body corporate, means —
if the body corporate is an incorporated association as defined in the Associations Incorporation Act 2015 section 3, a member of the association who —
holds a prescribed office of the association; or
has a function of a prescribed class relating to the provision of a child care service by the association;
or
in any other case, an individual who is an officer, as defined in the Corporations Act 2001 (Commonwealth) section 9, of the body corporate;
national child care law means the Education and Care Services National Law (WA);
occupier, of a place, includes any person who appears to have the control or management of the place;
parent, in relation to a child, means a person who at law has responsibility for —
the long‑term care, welfare and development of the child; or
the day‑to‑day care, welfare and development of the child;
place means anywhere at all, and includes anywhere in or on something that is moving or can move;
prescribed means prescribed by regulations made under section 52;
public authority means —
a department of the Public Service; or
a State agency or instrumentality; or
a local government, regional local government or regional subsidiary; or
a body, whether corporate or unincorporate, or the holder of an office, post or position, established or continued for a public purpose under a written law;
record means any record of information, irrespective of how the information is recorded or stored or able to be recovered and includes —
any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and
any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means;
relative has the meaning given in the Children and Community Services Act 2004 section 3;
relevant record means a record or document that —
is required to be kept under this Act; or
contains information that is or may be relevant to a contravention of this Act;
renewal applicant means a person who makes a renewal application;
renewal application means an application under section 22 for the renewal of a licence;
supervising officer has the meaning given in section 5A;
suspension notice means a notice under section 25(1);
usual occupant, in relation to a licence application that relates to a family day care service, means —
a person other than the licence applicant who usually lives at the place where the service will be provided; or
any other person who is likely to be present at that place at the times when the service will be provided;
wellbeing, in relation to children, includes the care, development, health and safety of children.
[Section 3 amended: No. 38 of 2011 s. 4; No. 11 of 2012 s. 21; No. 30 of 2015 s. 212; No. 26 of 2016 s. 35; No. 2 of 2026 s. 102.]
This provision refers to the regulations (prescribed class
, prescribed by regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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