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Children's Services Act 1996
3Definitions
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3 Definitions
(1) In this Act—
S. 3(1) def. of *approval in principle* inserted by No. 33/2023 s. 13.
***approval in principle*** means an approval in principle granted under section 100E for a proposed children's service premises;
S. 3(1) def. of *approval in principle criteria* inserted by No. 33/2023 s. 13.
***approval in principle criteria*** means, of the regulations that regulate the children's service premises, those which are prescribed to be the approval in principle criteria;
S. 3(1) def. of *approval in principle holder* inserted by No. 33/2023 s. 13.
***approval in principle holder*** means—
(a) a person granted an approval in principle under section 100E; or
(b) if the approval in principle is transferred to another person under section 100M or 100N, that person;
S. 3(1) def. of *approval of premises* inserted by No. 22/2008 s. 3(1), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *approved associated children's service* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *approved children's service* inserted by No. 37/2019 s. 5(1).
***approved children's service*** means a children's service for which a service approval exists;
S. 3(1) def. of *approved education and care service* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *approved learning framework* inserted by No. 37/2019 s. 5(1).
***approved learning framework*** has the same meaning as in the National Law;
S. 3(1) def. of *approved provider* inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(a).
***approved provider*** means—
(a) a person who holds a provider approval; and
(b) a person who is taken to have been granted a provider approval under section 16;
S. 3(1) def. of *associated children's service* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *authorised officer* substituted by No. 37/2019 s. 5(2)(b).
***authorised officer*** means—
(a) a person authorised to be an authorised officer under Part 5B; or
(b) a person authorised to be an authorised officer under the National Law;
S. 3(1) def. of *certified supervisor* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 9/2017 s. 69.
S. 3(1) def. of *Child Safe Standards* inserted by No. 43/2022 s. 7.
***Child Safe Standards*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;
S. 3(1) def. of *children's service* amended by No. 22/2008 s. 3(2), substituted by No. 37/2019 s. 5(2)(c).
***children's service*** means a service providing education and care for 4 or more children under the age of 13 years in the absence of the parents or custodians of the children, where the service—
(a) is provided—
(i) for fee or reward; or
(ii) while the parents or custodians of the children use sports, leisure or other prescribed services or facilities provided by the provider of the service for the children; and
(b) is not an education and care service, within the meaning of the National Law;
S. 3(1) def. of *children's service premises* inserted by No. 37/2019 s. 5(1).
***children's service premises*** means each place at which a children's service operates or is to operate;
S. 3(1) def. of *Commission for Children and Young People* inserted by No. 43/2022 s. 7, repealed by No. 58/2025 s. 62(a).
S. 3(1) def. of *compliance direction* inserted by No. 37/2019 s. 5(1).
***compliance direction*** means a compliance direction under section 116;
S. 3(1) def. of *compliance notice* inserted by No. 37/2019 s. 5(1).
***compliance notice*** means a compliance notice under section 117;
S. 3(1) def. of *custodian* inserted by No. 37/2019 s. 5(1).
***custodian***, in relation to a child, means a person who has custody or control of the child who is not—
(a) a parent of the child; or
(b) a person providing a service of education and care to the child;
S. 3(1) def. of *de facto relationship* inserted by No. 37/2019 s. 5(1).
***de facto relationship*** means—
(a) a registered domestic relationship; or
(b) a relationship between 2 people who are not married to each other but who are living together as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of *Department* substituted by No. 58/2007 s. 52(1)(a), amended by No. 37/2019 s. 5(3)(a), repealed by No. 49/2025 s. 51(c).
S. 3(1) def. of *Early Childhood Regulator* inserted by No. 49/2025 s. 51(a).
***Early Childhood Regulator*** means the Early Childhood Regulator appointed under section 10 of the **Victorian Early Childhood Regulatory Authority Act 2025**;
S. 3(1) def. of *education and care service* inserted by No. 80/2011 s. 4(1)(a).
***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;
S. 3(1) def. of *education law* inserted by No. 37/2019 s. 5(1).
***education law*** means the **Education and Training Reform Act 2006**;
S. 3(1) def. of *educator* inserted by No. 37/2019 s. 5(1).
***educator*** means an individual who provides education and care for children as part of a children's service;
S. 3(1) def. of *eligible association* inserted by No. 37/2019 s. 5(1).
***eligible association*** means an association of a prescribed class;
S. 3(1) def. of *family day care service* inserted by No. 22/2008 s. 3(1), repealed by No. 80/2011 s. 4(1)(e).
S. 3(1) def. of *family day care venue* inserted by No. 22/2008 s. 3(1), repealed by No. 80/2011 s. 4(1)(e).
S. 3(1) def. of *family day carer* inserted by No. 22/2008 s. 3(1), repealed by No. 80/2011 s. 4(1)(e).
S. 3(1) def. of *family member* inserted by No. 37/2019 s. 5(1).
***family member***, in relation to a child, means—
(a) a parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or halfblood and whether that relationship arises by marriage (including a de facto relationship) or by adoption or otherwise; or
(b) a relative of the child according to Aboriginal or Torres Strait Islander tradition; or
(c) a person with whom the child resides in a family-like relationship; or
(d) a person who is recognised in the child's community as having a familial role in respect of the child;
S. 3(1) def. of *fit and proper person check* inserted by No. 22/2008 s. 3(1), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *guardian* substituted by No. 37/2019 s. 5(2)(d).
***guardian***, in relation to a child or other person, means the legal guardian of the child or person;
S. 3(1) def. of *identity card* inserted by No. 37/2019 s. 5(1).
***identity card*** means—
(a) in relation to an authorised officer to whom paragraph (a) of the definition of ***authorised officer*** applies, the identity card issued under section 137; or
(b) in relation to an authorised officer to whom paragraph (b) of the definition of ***authorised officer*** applies, the identity card issued under the National Law;
S. 3(1) def. of *integrated sector regulator* inserted by No. 43/2022 s. 7.
***integrated sector regulator*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;
S. 3(1) def. of *licensee* repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *municipal council* inserted by No. 37/2019 s. 5(1).
***municipal council*** has the same meaning as ***Council*** has in the **Local Government Act 1989**;
S. 3(1) def. of *National Authority* inserted by No. 37/2019 s. 5(1).
***National Authority*** has the same meaning as in the National Law;
S. 3(1) def. of *National Law* inserted by No. 80/2011 s. 4(1)(a).
***National Law*** means the Education and Care Services National Law (Victoria);
S. 3(1) def. of *National Law approved provider* inserted by No. 37/2019 s. 5(1).
***National Law approved provider*** means the holder of a provider approval under the National Law that is not suspended;
S. 3(1) def. of *national regulations* inserted by No. 80/2011 s. 4(1)(a).
***national regulations*** means the regulations made under the National Law;
S. 3(1) def. of *nominated supervisor* inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(e).
***nominated supervisor***, in relation to a children's 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;
S. 3(1) def. of *nominee* inserted by No. 22/2008 s. 3(1), substituted by No. 80/2011 s. 4(1)(b), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *parent* inserted by No. 37/2019 s. 5(1).
***parent***, in relation to a child, includes—
(a) a guardian of the child; and
(b) a person who has parental responsibility for the child under a decision or order of a court;
S. 3(1) def. of *Part 3A building* inserted by No. 33/2023 s. 13.
***Part 3A building*** means—
(a) a building that has 3 or more storeys (including the ground level and each level of a split level); or
(b) a building of a prescribed class;
S. 3(1) def. of *participating jurisdiction* inserted by No. 37/2019 s. 5(1).
***participating jurisdiction*** has the same meaning as in the National Law;
S. 3(1) def. of *payment* inserted by No. 37/2019 s. 5(1).
***payment***, in relation to a prescribed fee, includes payment by electronic or other means;
S. 3(1) def. of *person* inserted by No. 37/2019 s. 5(1).
***person*** means—
(a) an individual; or
(b) a body corporate; or
(c) an eligible association; or
(d) a partnership; or
(e) a prescribed entity;
S. 3(1) def. of *person in day-to-day charge* inserted by No. 37/2019 s. 5(1).
***person in day-to-day charge***, in relation to a children's service, means a person who is placed in day-to-day charge of the service in accordance with the regulations;
S. 3(1) def. of *person with management or control* inserted by No. 37/2019 s. 5(1), substituted by No. 43/2022 s. 39.
***person with management or control*** means a person referred to in section 3A;
S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 17.1).
***police officer*** has the same meaning as in the **Victoria Police Act 2013**;
S. 3(1) def. of *prescribed ineligible person* inserted by No. 37/2019 s. 5(1).
***prescribed ineligible person*** means a person in a class of persons prescribed by the regulations to be prescribed ineligible persons;
S. 3(1) def. of *primary nominee* inserted by No. 22/2008 s. 3(1), substituted by No. 80/2011 s. 4(1)(c), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *prohibition notice* inserted by No. 37/2019 s. 5(1).
***prohibition notice*** means a prohibition notice given under section 123(1) or (3);
S. 3(1) def. of *proprietor* amended by No. 22/2008 s. 3(3), substituted by No. 80/2011 s. 4(1)(d), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *protected disclosure* inserted by No. 37/2019 s. 5(1).
***protected disclosure*** has the meaning set out in section 183;
S. 3(1) def. of *provider approval* inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(f).
***provider approval*** means—
(a) an approval granted under Part 2; and
(b) if an approval granted under Part 2 has been amended under this Act, the approval as amended—
but does not include such an approval that has been cancelled;
S. 3(1) def. of *public authority* inserted by No. 37/2019 s. 5(1).
***public authority*** means a body established for a public purpose by or under an Act;
S. 3(1) def. of *receiving approved provider* inserted by No. 37/2019 s. 5(1).
***receiving approved provider*** has the meaning set out in section 58;
S. 3(1) def. of *registered medical practitioner* inserted by No. 22/2008 s. 3(1), substituted by No. 13/2010 s. 51(Sch. item 13), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *Regulatory Authority* inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(g), amended by No. 49/2025 s. 51(b).
***Regulatory Authority*** means the Victorian Early Childhood Regulatory Authority;
S. 3(1) def. of *relative* amended by No. 29/2011 s. 3(Sch. 1 item 10.1).
***relative***, in relation to a child means a parent, grandparent, brother, sister, uncle, aunt or cousin of the whole blood or half-blood or by marriage including a de facto marriage, and whether or not the relationship depends on adoption of the child;
S. 3(1) def. of *relevant entity* inserted by No. 43/2022 s. 7.
***relevant entity*** means an approved provider of an approved children's service;
S. 3(1) def. of *residence* inserted by No. 37/2019 s. 5(1).
***residence*** means the habitable areas of a dwelling;
S. 3(1) def. of *responsible person* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).
S. 3(1) def. of *school* inserted by No. 22/2008 s. 3(1), amended by No. 37/2019 s. 5(3)(b).
***school*** means a Government school or non‑Government school, within the meaning of the **Education and Training Reform Act 2006**;
S. 3(1) def. of *Secretary* substituted by No. 58/2007 s. 52(1)(b), amended by No. 37/2019 s. 5(3)(c).
***Secretary*** means the Secretary to the Department of Education and Training;
S. 3(1) def. of *sector regulator* inserted by No. 43/2022 s. 7.
***sector regulator*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;
S. 3(1) def. of *serious incident* inserted by No. 37/2019 s. 5(1).
***serious incident*** means an incident or class of incidents prescribed by the regulations as a serious incident;
S. 3(1) def. of *service approval* inserted by No. 80/2011 s. 4(1)(a), substituted by No. 37/2019 s. 5(2)(h).
***service approval*** means a service approval—
(a) granted under Part 3; and
(b) if an approval granted under Part 3 has been amended under this Act, the approval as amended—
but does not include such an approval that has been cancelled;
S. 3(1) def. of *sibling* inserted by No. 22/2008 s. 3(1), repealed by No. 80/2011 s. 4(1)(e).
S. 3(1) def. of *Social Services Regulator* inserted by No. 58/2025 s. 62(b).
***Social Services Regulator*** means the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021**;
S. 3(1) def. of *staff member* inserted by No. 37/2019 s. 5(1).
***staff member***, in relation to a children's service, means any individual (other than a nominated supervisor or a volunteer) employed, appointed or engaged to work in or as part of a children's service, whether as an educator or otherwise;
S. 3(1) def. of *supervisor certificate* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 9/2017 s. 69.
S. 3(1) def. of *this Act* amended by No. 37/2019 s. 5(3)(d).
***this Act*** includes regulations made under the Act;
S. 3(1) def. of *transferring approved provider* inserted by No. 37/2019 s. 5(1).
***transferring approved provider*** has the meaning set out in section 58;
S. 3(1) def. of *Victorian* *Early Childhood Regulatory Authority* inserted by No. 49/2025 s. 51(a).
***Victorian Early Childhood Regulatory Authority*** means the Victorian Early Childhood Regulatory Authority established by section 5 of the **Victorian Early Childhood Regulatory Authority Act 2025**;
S. 3(1) def. of *working with children assessment notice* inserted by No. 37/2019 s. 5(1), repealed by No. 34/2020 s. 177(c).
S. 3(1) def. of *working with vulnerable people law* inserted by No. 37/2019 s. 5(1), amended by No. 34/2020 s. 177(b).
***working with vulnerable people law*** has the same meaning as in the National Law;
S. 3(1) def. of *WWC clearance* inserted by No. 34/2020 s. 177(a).
***WWC clearance*** has the same meaning as in the **Worker Screening Act 2020**.
S. 3(1A) inserted by No. 37/2019 s. 5(5).
(1A) For the purposes of the definition of ***de facto relationship*** in subsection (1)—
(a) ***registered domestic relationship*** has the same meaning as in the **Relationships Act 2008**; or
(b) in determining whether persons who are not in a registered domestic relationship are in a de facto relationship, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case.
S. 3(1B) inserted by No. 37/2019 s. 5(5).
(1B) In this Act, a reference to education and care includes a reference to education or care.
S. 3(2) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 30), 58/2007 s. 52(2), repealed by No. 37/2019 s. 5(6).
S. 3(3) amended by No. 80/2011 s. 4(2), substituted by No. 37/2019 s. 5(7).
(3) In this Act, a children's service is a children's service even if the service also provides education and care to children of or over the age of 13 years.
S. 3(4) inserted by No. 80/2011 s. 4(3), substituted by No. 37/2019 s. 5(7).
(4) In this Act, a reference (either generally or specifically) to a law or a provision of a law (including this Act and the National Law) includes a reference to any statutory instrument made or in force under the law or provision.
S. 3A inserted by No. 43/2022 s. 40.