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Education Act 1989

309 Interpretation

In this Part, unless the context otherwise requires,—

early childhood education and care centre has the meaning set out in section 310

early childhood service means an early childhood education and care centre, home-based education and care service, or hospital-based education and care service

foreign student has the same meaning as in section 2(1)

home-based education and care service—

(a)

means the provision of education or care, for gain or reward, to children who are under the age of 5 years, or who are 5 years of age but not enrolled in school, in—

(i)

the children’s own home; or

(ii)

the home of the person providing the education or care; or

(iii)

any other home nominated by the parents of the children; and

(b)

includes the provision of education or care to any child of the person providing the service who is—

(i)

under the age of 5 years; or

(ii)

5 years of age but not enrolled in school

hospital-based education and care service means the provision of education or care to 3 or more children under the age of 6 who are receiving hospital care within the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001

licensed early childhood education and care centre means an early childhood education and care centre in respect of which the service provider holds a current licence issued under regulations made under section 317

licensed early childhood service means an early childhood service in respect of which the service provider holds a current licence issued under regulations made under section 317

licensed home-based education and care service means a home-based education and care service in respect of which the service provider holds a current licence issued under regulations made under section 317

licensed hospital-based education and care service means a hospital-based education and care service in respect of which the service provider holds a current licence issued under regulations made under section 317

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

playgroup means a group that meets on a regular basis to facilitate children’s play and in respect of which—

(a)

no child attends for more than 4 hours on any day; and

(b)

more than half the children attending on any occasion have a parent or caregiver present in the same play area at the same time; and

(c)

the total number of children attending on any occasion is not greater than 4 times the number of parents and caregivers present in the same play area at the same time

Secretary means the chief executive of the Ministry

service provider means each of the following:

(a)

in relation to an early childhood education and care centre, the body, agency, or person who or that operates the centre:

(b)

in relation to a home-based education and care service, the body, agency, or person who or that arranges, or offers to arrange, that education or care:

(c)

in relation to a hospital-based education and care service, the body, agency, or person who or that provides that education or care:

(d)

in relation to a playgroup, the person or persons who operate the playgroup

unsupervised access to children, in relation to a licensed early childhood service, means access to any child that is not access by, or supervised by, or otherwise observed by, or able to be directed (if necessary) by, any 1 or more of the following:

(a)

a registered teacher or holder of a limited authority to teach:

(b)

an employee of the service on whom a satisfactory Police vet has been conducted within the last 3 years:

(c)

a parent of the child.

Section 309: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).

Section 309 home-based education and care service: replaced, on 29 October 2016, by section 37 of the Education Legislation Act 2016 (2016 No 72).

Section 309 hospital-based education and care service: replaced, on 20 May 2010, by section 68(1) of the Education Amendment Act 2010 (2010 No 25).

Section 309 playgroup: replaced, on 20 May 2010, by section 68(2) of the Education Amendment Act 2010 (2010 No 25).

Section 309 unsupervised access to children: inserted, on 20 May 2010, by section 68(3) of the Education Amendment Act 2010 (2010 No 25).