Community Services Act 1972 (WA)

Western Australia

This Act was repealed by the Children and Community Services Act 2004 s. 250(1) as at 1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695).

Western Australia

Community Services Act 1972

An Act to make provision for the establishment of a Department for Family and Children’s Services 2, to promote individual and family welfare in the community, and for incidental and other purposes.

[Long title amended by No. 121 of 1984 s. 4; No. 57 of 1997 s. 34(1).]

This Act may be cited as the Community Services Act 1972 1.

[Section 1 amended by No. 121 of 1984 s. 5.]

This Act shall come into operation on a date to be fixed by proclamation 1.

In this Act, unless a contrary intention appears, — 

“child care service” means a service for the casual or day to day care of a child or children of pre‑school age, or such other age as may from time to time be prescribed, and includes — 

• (a)

  care provided daily or for certain days each week;

• (b)

  occasional, casual or part time care;

• (c)

  family day care, that is to say care provided to a child in a private dwelling in a family or domestic environment; and

• (d)

  care provided as an ancillary service to a commercial or recreational activity,

but excludes — 

• (aa)

  care provided to a child by a guardian, custodian, person having lawful access (whether by common law, written law or court order) or relative of the child;

• (bb)

  care provided in circumstances where a person of a description referred to in paragraph (aa) is present in or in close proximity to the part of the premises used for the provision of the service;

• (cc)

  care provided to a child in the premises where the child resides or substantially in those premises but including outings during which the child is in the care of the person providing the service;

• (dd)

  a service provided to a child unless the service is provided — 

• (i)

  in return for payment or reward, either direct or indirect through payment or reward for some other service; or

• (ii)

  as a benefit of employment;

• (ee)

  care of a kind required to be licensed under section 111 of the Child Welfare Act 1947;

• (ff)

  care of a kind provided at a community kindergarten registered under Part 5 of the School Education Act 1999; and

• (gg)

  care prescribed for the purposes of this definition;

“delegate” means a delegate of the Director‑General by reason of a delegation pursuant to section 20;

“Department” means the department referred to in section 4;

“Director‑General” means the Director‑General of the Department;

“pre‑school age” in relation to a child, means an age before the child reaches the compulsory education period within the…