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 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;