former Child Care Act means the Child Care Act 2001 as in force immediately before the commencement day;
person-in-charge has the same meaning as in the former Child Care Act and includes a person who is an appointed person in charge, or a nominated person in charge, referred to in standard 3.1 of a relevant standard;
prescribed person means a person who, immediately before the commencement day, was –
(a) a person-in-charge; or
(b) a responsible person, within the meaning of the former Child Care Act, if that responsible person has notified the Secretary of the Department, in writing before the commencement day, that he or she is willing to be a declared certified supervisor for the purposes of the Education and Care Services National Law (Tasmania); or
(c) in the case of a child care service within the meaning of the former Child Care Act that under subsection (5) is a declared approved service and that is operated under a licence under that Act held by a body corporate or government agency, a person referred to in the note to standard 1.1(a)(i) of a relevant standard, if that person has notified the Secretary of the Department, in writing before the commencement day, that he or she is willing to be a declared certified supervisor for the purposes of the Education and Care Services National Law (Tasmania); or
(d) in the case of a child care service within the meaning of the former Child Care Act that under subsection (5) is a declared approved service and that is operated under a licence under that Act held by an individual, the holder of that licence, if that holder has notified the Secretary of the Department, in writing before the commencement day, that he or she is willing to be a declared certified supervisor for the purposes of the Education and Care Services National Law (Tasmania);
relevant standard means –
(a) the Tasmanian Licensing Standards for Centre Based Child Care, Class 1 (0 – 5 years) Gazetted on 13 August 2003, as amended and in force immediately before the commencement day; or
(b) the Tasmanian Licensing Standards for Centre Based Child Care, Class 2 (5 – 12 years) Gazetted on 16 February 2005, as amended and in force immediately before the commencement day.
(2) For the purposes of the definition of "declared approved family day care service" in section 305 of the Education and Care Services National Law (Tasmania), an approved registration body that held, immediately before the commencement day, an approved registration body licence class 1 under the former Child Care Act 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 (Tasmania).
(3) For the purposes of the definition of "declared approved family day care venue" in section 305 of the Education and Care Services National Law (Tasmania), a venue at which a person, who was approved or registered as a child carer by an approved registration body referred to in subsection (2) , was entitled immediately before the commencement day to provide child care within the meaning of the former Child Care Act 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 (Tasmania).
(4) For the purposes of the definition of "declared approved provider" in section 305 of the Education and Care Services National Law (Tasmania), a person or body that held under the former Child Care Act any of the following licences immediately before the commencement day is declared to be a declared approved provider for this jurisdiction for the purposes of the Education and Care Services National Law (Tasmania):
(a) a centre-based child care licence class 1;
(b) a centre-based child care licence class 2;
(c) a centre-based child care licence class 1/2;
(d) an approved registration body licence class 1;
(e) an approved registration body licence class 1/2.
(5) For the purposes of the definition of "declared approved service" in section 305 of the Education and Care Services National Law (Tasmania), a child care service within the meaning of the former Child Care Act that is operated under the authority of any of the following licences, or parts of licences, immediately before the commencement day is declared to be a declared approved service for this jurisdiction for the purposes of the Education and Care Services National Law (Tasmania):
(a) a centre-based child care licence class 1;
(b) a centre-based child care licence class 2;
(c) a centre-based child care licence class 1/2;
(d) an approved registration body licence class 1;
(e) that part of an approved registration body licence class 1/2 that relates to the approved registration body licence class 1.
(6) For the purposes of the definition of "declared certified supervisor" in section 305 of the Education and Care Services National Law (Tasmania), a prescribed person is declared to be a declared certified supervisor for this jurisdiction for the purposes of the Education and Care Services National Law (Tasmania).
(7) For the purposes of the definition of "declared nominated supervisor" in section 305 of the Education and Care Services National Law (Tasmania), a prescribed person is declared to be a declared nominated supervisor for this jurisdiction for the purposes of the Education and Care Services National Law (Tasmania).
(8) For the purposes of the definition of "former approval" in section 305 of the Education and Care Services National Law (Tasmania), any of the following licences, or parts of licences, issued under the former Child Care Act that was in effect immediately before the commencement day is declared to be a former approval for this jurisdiction for the purposes of the Education and Care Services National Law (Tasmania):
(a) a centre-based child care licence class 1;
(b) a centre-based child care licence class 2;
(c) a centre-based child care licence class 1/2;
(d) an approved registration body licence class 1;
(e) that part of an approved registration body licence class 1/2 that relates to the approved registration body licence class 1.
Section 18 - Education and Care Services National Law (Application) Act 2011 - Transitional provisions | Zoe