Western Australian Consolidated Acts

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CHILD CARE SERVICES ACT 2007 - SECT 3

3 .         Terms used

                In this Act, unless the contrary intention appears —

        amendment application means an application under section 32 for the amendment of a licence;

        approved means approved by the CEO;

        carer has the meaning given in the Children and Community Services Act 2004 section 3;

        CEO means the chief executive officer of the Department;

        child means a person who is under 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently under 18 years of age;

        child care service has the meaning given in section 4;

        compliance notice means a compliance notice given under section 43M;

        compliance purposes means the purposes of performing one or more of the functions mentioned in section 41A;

        corporate applicant means a licence applicant that is a body corporate but is not a public authority;

        corporate licensee means a licensee that is a body corporate but is not a public authority;

        criminal record check means a document issued by the Police Force of Western Australia, the Australian Federal Police or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, the criminal convictions of an individual for offences under the law of this State, the Commonwealth, another State or a Territory;

        Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

        departmental officer means a person employed in, or engaged for the purposes of, the Department;

        entry warrant means an entry warrant issued under Part 4 Division 2;

        family day care service means a child care service provided by an individual at a place where —

            (a)         the individual providing the service lives; and

            (b)         none of the children to whom the service is provided live;

        individual applicant means a licence applicant who is an individual;

        licence means a licence under this Act;

        licence applicant means —

            (a)         in the case of a licence application made on behalf of a public authority — the public authority; and

            (b)         in the case of any other licence application — the person who makes the application;

        licence application means an application under section 10;

        licence document means a licence document issued under section 33;

        licensee means a person who holds a licence;

        licensing officer means a person designated as a licensing officer under section 40(1);

        managerial officer , in relation to a body corporate, means —

            (a)         if the body corporate is an incorporated association as defined in the Associations Incorporation Act 1987 section 3(1), a member of the association who —

                  (i)         holds a prescribed office of the association; or

                  (ii)         has a function of a prescribed class relating to the provision of a child care service by the association;

                or

            (b)         in any other case, an individual who is an officer, as defined in the Corporations Act 2001 (Commonwealth) section 9, of the body corporate;

        occupier , of a place, includes any person who appears to have the control or management of the place;

        parent , in relation to a child, means a person who at law has responsibility for —

            (a)         the long-term care, welfare and development of the child; or

            (b)         the day-to-day care, welfare and development of the child;

        place means anywhere at all, and includes anywhere in or on something that is moving or can move;

        prescribed means prescribed by regulations made under section 52;

        public authority means —

            (a)         a department of the Public Service; or

            (b)         a State agency or instrumentality; or

            (c)         a local government or regional local government; or

            (d)         a body, whether corporate or unincorporate, or the holder of an office, post or position, established or continued for a public purpose under a written law;

        record means any record of information, irrespective of how the information is recorded or stored or able to be recovered and includes —

            (a)         any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and

            (b)         any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means;

        relative has the meaning given in the Children and Community Services Act 2004 section 3;

        relevant record means a record or document that —

            (a)         is required to be kept under this Act; or

            (b)         contains information that is or may be relevant to a contravention of this Act;

        renewal applicant means a person who makes a renewal application;

        renewal application means an application under section 22 for the renewal of a licence;

        supervising officer has the meaning given in section 5A;

        suspension notice means a notice under section 25(1);

        usual occupant , in relation to a licence application that relates to a family day care service, means —

            (a)         a person other than the licence applicant who usually lives at the place where the service will be provided; or

            (b)         any other person who is likely to be present at that place at the times when the service will be provided;

        wellbeing , in relation to children, includes the care, development, health and safety of children.

        [Section 3 amended by No. 38 of 2011 s. 4.]



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