Western Australian Consolidated Acts 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.]