5Non-application of this Act

5 Non-application of this Act

(1) Nothing in this Act applies in circumstances where the children being cared for or educated are—

(a) patients in a hospital which is a registered funded agency under the Health Services Act 1988;

S. 5(1)(b) substituted by No. 24/2006
s. 6.1.2(Sch. 7 item 6), repealed by No. 22/2008 s. 4(1), new s. 5(1)(b) inserted by No. 80/2011 s. 5(1)(a).

(b) patients of a medical or therapeutic care service;

S. 5(1)(c) substituted by Nos 48/2006 s. 42(Sch. item 6), 17/2023 s. 55.

(c) recipients of protection, care or accommodation provided by a community service within the meaning of the Children, Youth and Families Act 2005;

S. 5(1)(d) substituted by No. 80/2011 s. 5(1)(b), amended by No. 19/2019 s. 253(a).

(d) clients of a disability service provider within the meaning of the Disability Act 2006;

S. 5(1)(e) inserted by No. 19/2019 s. 253(b).

(e) recipients of supports or services provided by a registered NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth.

S. 5(1A) inserted by No. 22/2008 s. 4(2).

(1A) Nothing in this Act applies in circumstances where the education provided to a child is education at a preparatory level or above at a Government school, or non-Government school, within the meaning of the Education and Training Reform Act 2006.

S. 5(1B) inserted by No. 22/2008 s. 4(2).

(1B) Nothing in this Act applies—

(a) to a service principally conducted to provide instruction in a particular activity or sport; or

Instruction in a particular activity could be instruction in dance, music or language or religious instruction.

S. 5(1B)(b) amended by No. 80/2011 s. 5(2)(a), repealed by No. 37/2019 s. 6(1)(a).

S. 5(1B)(c) inserted by No. 80/2011 s. 5(2)(b), repealed by No. 37/2019 s. 6(1)(b).

S. 5(1B)(d) inserted by No. 80/2011 s. 5(2)(b).

(d) to an early childhood intervention service provided for the principal purpose of providing therapeutic intervention for children with a disability, additional needs or developmental delay; or

S. 5(1B)(e) inserted by No. 80/2011 s. 5(2)(b).

(e) to a short-term program provided by and at a school to children who will attend the school in the following year, for the purpose of orienting children to the school; or

S. 5(1B)(f) inserted by No. 80/2011 s. 5(2)(b).

(f) to a service provided by and at a hotel or resort to provide education and care to children who are temporary guests of the hotel or resort; or