4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > Advocate means the Advocate for Children and Young People appointed under the [Advocate for Children and Young People Act 2014](/view/html/inforce/current/act-2014-029). > > > > assisted boarding house has the same meaning as it has in the [Boarding Houses Act 2012](/view/html/inforce/current/act-2012-074). > > > > Child Death Review Team or Team means the Child Death Review Team established under Part 5A. > > > > child in care means a child or young person under the age of 18 years— > > > > > (a) who is under the parental responsibility of the Minister administering the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), or > > > > > (b) for whom the Secretary of the Department of Family and Community Services or a designated agency has the care responsibility under section 49 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), or > > > > > (c) who is a protected person within the meaning of section 135A of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), or > > > > > (d) who is the subject of an out-of-home care arrangement under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) or the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), or > > > > > (e) (Repealed) > > > > > (f) who is the subject of a sole parental responsibility order under section 149 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), or > > > > > (g) who is otherwise in the care of a service provider. > > > > community service means— > > > > > (a) a service rendered under the community welfare legislation, or > > > > > (b) a service rendered by a person or organisation that is covered by an arrangement referred to in paragraph (f) of the definition of service provider in this section. > > > > Community Services Commissioner means a Deputy Ombudsman appointed as Community Services Commissioner under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), section 8(1A). > > > > community welfare legislation means the following Acts and the instruments in force under those Acts— > > > > > (a) this Act, > > > > > (b) the [Adoption Act 2000](/view/html/inforce/current/act-2000-075), > > > > > (c) the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), > > > > > (c1) the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070), > > > > > (d) the [Community Welfare Act 1987](/view/html/inforce/current/act-1987-052), > > > > > (e) the [Disability Inclusion Act 2014](/view/html/inforce/current/act-2014-041), > > > > > (f) the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), > > > > > (g), (h) (Repealed) > > > > > (i) any other Act relating to the provision of community services that is prescribed by the regulations, > > > > and includes the provisions of the [Boarding Houses Act 2012](/view/html/inforce/current/act-2012-074) and the regulations under that Act that are administered by the Minister. > > > > exercise of a function includes, where the function is a duty, the performance of the duty. > > > > function includes a power, authority and duty. > > > > parental responsibility, in relation to a child or young person, means all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children. > > > > person eligible for a service includes a person claiming to be eligible for a service. > > > > public authority has the same meaning as it has in the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068). > > > > relevant Minister means— > > > > > (a) for a service provider that is a Public Service agency—the Minister to whom the agency is responsible, or > > > > > (b) for a person or organisation authorised, licensed or funded by a Minister to provide a service—that Minister, or > > > > > (c) otherwise—the Minister. > > > > service includes a statutory or other function, and rendering or providing a service includes exercising such a function. > > > > service provider means— > > > > > (a) the Department of Communities and Justice, or > > > > > (b) an implementation company under the [National Disability Insurance Scheme (NSW Enabling) Act 2013](/view/html/inforce/current/act-2013-104) while the company is a public sector agency of the State under that Act, or > > > > > (c) a person or organisation funded by the Minister or by a public service agency responsible to the Minister, or > > > > > (d) a person or organisation authorised or licensed by the Minister or by a public service agency responsible to the Minister, or > > > > > (e) (Repealed) > > > > > (f) a person or organisation that is covered by an arrangement made after 7 April 1994 (the date of commencement of this section) between a Minister of the State of New South Wales and a State or Commonwealth Minister, under which arrangement that State or Commonwealth Minister agrees to the person or organisation being a service provider for the purposes of this Act, or > > > > > (g) an authorised carer within the meaning of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), or > > > > > (g1) a designated agency within the meaning of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), or > > > > > (h) the proprietor or occupier of premises that consist of an assisted boarding house. > > > > Tribunal means the Civil and Administrative Tribunal. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) Notes included in this Act do not form part of this Act. > > **s 4:** Am 1993 No 46, Sch 2; 1996 No 30, Sch 1; 1997 No 77, Sch 1.6 \[3\]–\[6\]; 2001 No 56, Sch 2.7; 2002 No 42, Sch 1 \[4\]–\[10\]; 2011 No 60, Sch 1 \[1\]; 2011 No 70, Sch 2.8 \[1\]; 2012 No 74, Sch 3.2 \[1\]–\[5\]; 2013 No 47, Sch 1.8 \[1\]; 2013 No 95, Sch 2.37 \[2\]; 2013 No 104, Sch 4; 2014 No 20, Sch 1 \[2\]–\[6\]; 2014 No 29, Sch 4.2 \[1\] \[2\]; 2014 No 41, Sch 5.2 \[1\]; 2015 No 15, Sch 3.12 \[1\]; 2016 No 27, Sch 5.1 \[1\]–\[3\]; 2019 No 25, Sch 5.13\[2\]–\[8\]; 2022 No 39, Sch 2\[1\]; 2023 No 7, Sch 1.2\[1\] \[2\].