Children (Education and Care Services) Supplementary Provisions Amendment Act 2018 (NSW)

An Act to amend the Children (Education and Care Services) Supplementary Provisions Act 2011 to further provide for the regulation of certain children’s education and care services and to further align the regulation of those services with the Children (Education and Care Services) National Law (NSW); and for other purposes.

1Name of Act

This Act is the Children (Education and Care Services) Supplementary Provisions Amendment Act 2018.

2Commencement(1)

This Act commences on a day or days to be appointed by proclamation, except as provided by this section.

(2)

Schedule 1 [34]–[37] commence on the date of assent to this Act.

Schedule 1

(Repealed)

Schedule 2Consequential amendmentsChild Protection (Working with Children) Act 2012 No 51[1]Section 5 Definitions

Omit the definitions of certified supervisor and home based education and care service from section 5 (1).

[2]Section 5 (1), definition of “notifiable person”

Omit “home based education and care service or” from paragraph (c).

[3]

(Repealed)

[4]Section 10 Adult persons residing with authorised carers or persons providing family day care services

Omit “home based education and care service or” wherever occurring in section 10 (1) and (2).

[5]Section 11B Responsible agency must verify person has clearance or current application

Omit “a home based education and care service or” from section 11B (1) (c).

[6]Section 17 Interim bars

Omit “home based education and care service or” from section 17 (1) (c).

Child Protection (Working with Children) Regulation 2013[1]Clause 18 Proof of identity

Omit “home based education and care service or” from clause 18 (3) (a).

[2]

(Repealed)

Standard Instrument (Local Environmental Plans) Order 2006

Omit the definition of home-based child care. Insert instead:

home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.

Note—

A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

Omit the definition of home-based child care from the note to clause 5 (1). Insert instead:

home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.

Note—

A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).

Sydney Local Environmental Plan (Glebe Affordable Housing Project) 2011

Omit the definition of home-based child care. Insert instead:

home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.

Note—

A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).

Sydney Local Environmental Plan (Green Square Town Centre) 2013

Omit the definition of home-based child care. Insert instead:

home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.

Note—

A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).

Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013

Omit the definition of home-based child care. Insert instead:

home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.

Note—

A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).