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funded agency under the **Health Services Act 1988**; S. 5(1)(b) substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 6), repealed by No. 22/2008 s. 4(1), new s. 5(1)(b) inserted by No. 80/2011 s. 5(1)(a).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 S. 5(1B)(b) amended by No. 80/2011 s. 5(2)(a), repealed by No. 37/2019 s. 6(1)(a). S. 5(1B)(c) inserted by No. 80/2011 s. 5(2)(b), repealed by No. 37/2019 s. 6(1)(b).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 A ski resort that offers child-minding services for children staying at the resort. S. 5(1B)(g) inserted by No. 80/2011 s. 5(2)(b), amended by No. 37/2019 s. 6(1)(c). (g) to a service provided on an ad hoc basis at the place of a meeting, convention, seminar or other short-term event attended by a parent of, or other person responsible for, the child; or S. 5(1B)(h) inserted by No. 37/2019 s. 6(1)(d). (h) to a service providing education and care to children at a camp, including a camp where the children stay overnight; or S. 5(1B)(i) inserted by No. 37/2019 s. 6(1)(d). (i) to any other prescribed class of service. S. 5(1C) inserted by No. 22/2008 s. 4(2). (1C) To avoid doubt, it is declared that a service may be a children's service even though it is conducted— (a) by an entity that also carries on a school; or (b) at premises at which a school is also carried on. S. 5(1D) inserted by No. 80/2011 s. 5(3). (1D) To avoid doubt, it is declared that a service may be a children's service even though it is conducted— (a) by an entity that also operates an education and care service under the National Law; or (b) at a place at which an education and care service is operated under the National Law. (2) Nothing in this Act applies in circumstances where the children are being cared for or educated in the children's own home or by a relative of the children. S. 5(3) substituted by No. 22/2008 s. 4(3). (3) Nothing in this Act applies in circumstances where— S. 5(3)(a) amended by No. 37/2019 s. 6(2). (a) children are being cared for or educated under an informal arrangement between a parent or custodian of one or more of the children and the individual (the ***carer***) providing the care and education; and (b) at least one of the children (other than a child of the carer) is being cared for or educated in his or her own home; and (c) not more than 4 children under the age of 6 who are not students enrolled at a preparatory level or above at a school are being cared for or educated by the carer. A group of parents arrange for their children to be cared for by a babysitter or nanny in one of the parent's homes. S. 5(4) inserted by No. 22/2008 s. 4(3), amended by No. 37/2019 s. 6(3). (4) Nothing in this Act applies in circumstances where children who are 6 years of age or over or who are students enrolled at a preparatory level or above at a school are being cared for or educated outside their own home under an informal arrangement between a parent or custodian of the children and the individual providing the care or education. A parent arranges for a neighbour or friend to care for his or her children after school.