16Transitional

16 Transitional (1) For the purposes of the definition of ***declared approved family day care service*** in section 305 of the Education and Care Services National Law (Victoria), a service to which a licence to operate a family day care service applied under the **Children's Services Act 1996** is declared to be a declared approved family day care service for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria). (2) For the purposes of the definition of ***declared approved family day care venue*** in section 305 of the Education and Care Services National Law (Victoria), a family day care venue approved under section 25J or 25L of the **Children's Services Act 1996** is declared to be a declared approved family day care venue for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria). S. 16(3) substituted by No. 80/2011 s. 60(1). (3) For the purposes of the definition of ***declared approved provider*** in section 305 of the Education and Care Services National Law (Victoria), a person who held a licence under the **Children's Services Act 1996** to operate a service declared under subsection (4) to be a declared approved service is declared to be a declared approved provider for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria). S. 16(4) substituted by No. 80/2011 s. 60(1). (4) Subject to subsection (4A), for the purposes of the definition of ***declared approved service*** in section 305 of the Education and Care Services National Law (Victoria), an outside school hours care Type 1 or Type 2 service, an integrated service, a family day care service or a standard service under the **Children's Services Act 1996** is declared to be a declared approved service for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria). S. 16(4A) inserted by No. 80/2011 s. 60(1). (4A) A service is not a declared approved service if it is, or to the extent that it is— (a) a standard service excluded by the regulations; or (b) a service that provides education and care for no more than 4 weeks per calendar year during school holidays; or (c) a limited hours Type 1 or Type 2 service or a short term Type 1 or Type 2 service under the **Children's Services Act 1996**. (5) For the purposes of the definition of ***declared certified supervisor*** in section 305 of the Education and Care Services National Law (Victoria), a person who was a primary nominee or approved nominee under the **Children's Services Act 1996** of a declared approved service is declared to be a declared certified supervisor for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria). (6) For the purposes of the definition of ***declared compliance notice*** in section 305 of the Education and Care Services National Law (Victoria), an order or a notice issued under section 43 or 43A of the **Children's Services Act 1996** is declared to be a declared compliance notice for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria). (7) For the purposes of the definition of ***declared nominated supervisor*** in section 305 of the Education and Care Services National Law (Victoria), a person who was a primary nominee under the **Children's Services Act 1996** of a declared approved service is declared to be a declared nominated supervisor for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria). S. 16(8) substituted by No. 80/2011 s. 60(2). (8) For the purposes of the definition of ***former approval*** in section 305 of the Education and Care Services National Law (Victoria), a licence under the **Children's Services Act 1996** to operate a service declared under subsection (4) to be a declared approved service is declared to be a former approval for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria). Pt 2A (Heading and ss 16A–16F) inserted by No. 43/2022 s. 4.