3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > accreditation means accreditation under Part 4, and includes provisional accreditation or conditional accreditation under that Part. > > > > accredited means accredited for the time being under Part 4, and includes provisionally accredited or conditionally accredited under that Part. > > > > approved course means an initial teacher education course or program approved by the Minister in accordance with the professional teaching standards. > > > > Authority means the NSW Education Standards Authority constituted under the [Education Standards Authority Act 2013](/view/html/inforce/current/act-2013-089). > > > > Children’s Guardian means the Children’s Guardian appointed under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), section 115. > > > > degree means a degree that meets the specifications under the Australian Qualifications Framework. > > > > dismiss includes— > > > > > (a) in the case of a teacher who is appointed on probation—the annulment of that appointment, or > > > > > (b) in the case of a teacher employed on a casual basis—dispensing with the services of the teacher. > > > > early childhood education centre or centre means the following, but does not include a family day care service or an out-of-school hours or vacation care service— > > > > > (a) an approved education and care service within the meaning of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a) or the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070), > > > > > (b) a service or facility of a class declared by the regulations to be an early childhood education centre. > > > > employ includes engage or appoint. > > > > exercise a function includes perform a duty. > > > > function includes a power, authority or duty. > > > > government school and non-government school have the same meanings as in the [Education Act 1990](/view/html/inforce/current/act-1990-008). > > > > non-centre based teacher means a person— > > > > > (a) who holds a degree or teaching qualification recognised by the Authority, and > > > > > (b) who is not teaching in an early childhood education centre but has taught in an early childhood education centre for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and > > > > > (c) who is employed to undertake any of the following— > > > > > > > (i) duties relating to the development or implementation of the curriculum for early childhood education, > > > > > > > (ii) duties relating to the learning and wellbeing of children who attend early childhood education centres, > > > > > > > (iii) duties relating to curriculum teaching and learning in early childhood education centres, > > > > > > > (iv) duties as an early childhood education lecturer or tutor in a university or other higher education institution in New South Wales, > > > > > > > (v) duties as an educational consultant for early childhood education centres. > > > > non-school based teacher means a person— > > > > > (a) who holds a degree or teaching qualification recognised by the Authority, and > > > > > (b) who is not teaching in a school but has taught in a school for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and > > > > > (c) who is employed to undertake any of the following— > > > > > > > (i) duties relating to the development or implementation of the curriculum (including assessment and reporting) for primary and secondary education, > > > > > > > (ii) duties relating to the learning and wellbeing of school students, > > > > > > > (iii) duties relating to curriculum teaching and learning in schools, > > > > > > > (iv) duties as a K–Year 12 education lecturer or tutor in a university or other higher education institution in New South Wales, > > > > > > > (v) duties as an educational consultant for schools. > > > > non-teaching school counsellor means a school counsellor who is not teaching in a school. > > > > professional development includes formal and informal learning activities designed to maintain and enhance the knowledge and skills of teachers. > > > > professional teaching standards means the professional teaching standards approved by the Minister from time to time under section 19. > > > > relevant complaint about a person means an allegation that— > > > > > (a) the person has engaged in misconduct, or > > > > > (b) the person is incompetent in performing the work of a teacher, or > > > > > (c) the person has failed to comply with the professional teaching standards. > > > > roll of teachers means the roll maintained by the Authority under Part 3. > > > > rules of the Authority means rules made by the Authority under section 25 of the [Education Standards Authority Act 2013](/view/html/inforce/current/act-2013-089). > > > > Note— > > > > The rules of the Authority only have effect if approved by the Minister. > > > > school means a government school or a non-government school. > > > > school counsellor means a person— > > > > > (a) who is employed in a school to undertake duties relating to the learning and wellbeing of school students, and > > > > > (b) who holds a degree or teaching qualification recognised by the Authority. > > > > Secretary means the Secretary of the Department of Education. > > > > teach—see section 3A. > > > > working with children check clearance has the same meaning as in the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051). > > > > 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 3:** Am 2008 No 120, Sch 1 \[1\] \[2\]; 2013 No 89, Sch 4 \[3\]–\[7\]; 2014 No 68, Sch 1 \[2\]; 2016 No 50, Sch 3 \[2\]–\[6\]; 2021 No 41, Sch 1\[1\]–\[3\].