4Child care defined

4 Child care defined

(1)  Child care is the provision, for fee or other material benefit, of care to a child by a person other than –

(a) the child's parent; or

(b) a member of the child's extended family.

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

(3)  [Section 4 Subsection (3) amended by No. 47 of 2016, s. 5, Applied:10 Jul 2017] 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.

(3A)  [Section 4 Subsection (3A) inserted by No. 39 of 2011, s. 6, Applied:01 Jan 2012] 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.

(4)  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 –

(a) that the school or other person is providing child care for that child; and

(b) the kind of child care being provided.