5Services that are not education and care services

#### 5 Services that are not education and care services 5 Services that are not education and care services > > (1) For the purposes of paragraph (g) of the definition of education and care service in section 5(1) of the Law, the following classes of disability service are excluded from the definition of education and care service— > > > > > (a) a service that is a designated service within the meaning of the [Disability Services Act 1993](/view/html/repealed/current/act-1993-003) of New South Wales; > > > > > (b) services that are disability services under the Disability Services Act 2006 of Queensland; > > > > > (c) a disability service provided by a disability service provider within the meaning of the Disability Act 2006 of Victoria; > > > > > (d) a service providing education and care to a child with a disability that is funded by a grant of financial assistance approved under the Disability Services Act 1993 of Western Australia; > > > > > (e) an early childhood intervention service provided for the principal purpose of providing intervention or support for children with a disability, additional needs or developmental delay. > > > (2) For the purposes of paragraph (h) of the definition of education and care service in section 5(1) of the Law, the following classes of service are excluded from the definition of education and care service— > > > > > (a) a service providing education and care to children in premises where the majority of the children usually reside and the educator does not reside; > > > > > (b) a service providing education and care to children in the service provider’s residence other than as part of a service that is delivered through the use of 2 or more educators to provide education and care to children in residences; > > > > > > Note. > > > > > > Paragraph (b) does not apply in Western Australia—see regulation 5(2)(b) of the Education and Care Services National Regulations 2012 of Western Australia. > > > > > (c) a service providing education and care to children primarily on an ad hoc or casual basis where— > > > > > > > (i) the service does not usually offer full-time or all day education and care to children on an ongoing basis; and > > > > > > > (ii) most of the children provided with education and care are preschool age or under; > > > > > > Note. > > > > > > This form of care is commonly referred to as occasional care. > > > > > (d) a service provided by a hotel or resort to provide education and care to children who are temporary guests of the hotel or resort; > > > > > > Example. > > > > > > A ski resort that offers child-minding services for children staying at the resort. > > > > > (e) a service providing education and care to a child on an ad hoc basis at premises where the parent of, or other person responsible for, the child is— > > > > > > > (i) a guest, visitor or patron; and > > > > > > > (ii) readily available at all times that the child is being educated and cared for; > > > > > > Examples. > > > > > (f) a service that provides education and care to children where the education and care is primarily provided or shared by parents or family members of the children and a parent or family member is readily available for the period that the child is educated and cared for and retains responsibility for the child; > > > > > (g) a secondary school or college providing education and care to the children of students attending the school or college where a parent of each child retains responsibility for the child while the child is being educated and cared for; > > > > > (h) a service providing education and care primarily to children preschool age or under that transports its equipment and materials or staff to one or more locations on each occasion that the service is provided; > > > > > > Note. > > > > > > This form of care is commonly called a mobile service. > > > > > (i) a service that provides education and care during school holidays for a total of not more than 28 days in a calendar year; > > > > > (j) 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; > > > > > (k) a service providing education and care if, on 30 June 2018— > > > > > > > (i) the service provider was, in respect of the service, in receipt of funding under the Budget Based Funded program administered by the Department of Education and Training of the Commonwealth; and > > > > > > > (ii) the service was not approved for the purposes of the family assistance law; > > > > > (ka) a service providing education and care if, on 30 June 2018— > > > > > > > (i) the service provider was, in respect of the service, in receipt of funding under the Indigenous Advancement Strategy administered by the Department of Prime Minister and Cabinet of the Commonwealth; and > > > > > > > (ii) the service was not approved for the purposes of the family assistance law; and > > > > > > > (iii) the service was not regulated under the National Quality Framework; > > > > > (l) a licensed playschool under the Children and Young People Act 2008 of the Australian Capital Territory; > > > > > (m) a stand alone service under a children’s services law of Queensland; > > > > > (n) a service funded by the Queensland Government to provide limited hours care; > > > > > (o) a South Australian Government operated Playcentre; > > > > > (p) a service licensed as a Centre Based Care Class 4 or Centre Based Care Class 5 service under the Child Care Act 2001 of Tasmania; > > > > > (q) an approved children’s service under the Children’s Services Act 1996 of Victoria that, immediately before 17 May 2020, was a licensed limited hours Type 2 service under that Act; > > > > > (r) a service funded by the government department principally administering the Children and Community Services Act 2004 of Western Australia for the purposes of preventive, support and recreation services for at risk children. > > **Reg 5:** Am 2013 (417), reg 7; 2017 (543), reg 6; 2018 (246), reg 5; 2020 (486), reg 6.