3Definitions

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 of *approval of premises* inserted by No. 22/2008 s. 3(1), repealed by No. 37/2019 s. 5(4).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 of *approved associated children's service* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).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 of *approved education and care service* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).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 of *associated children's service* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 37/2019 s. 5(4).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 of *certified supervisor* inserted by No. 80/2011 s. 4(1)(a), repealed by No. 9/2017 s. 69.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.