(1)  In this Division –

child care Department means the department responsible for the administration of the Education and Care Services National Law (Application) Act 2011 ;

child care service means  –

(a) an education and care service as defined in the Education and Care Services National Law (Tasmania); or

(b) a child care service as defined in section 3(1) of the Child Care Act 2001 ; or

(c) child care as defined in section 4 of the Child Care Act 2001 ;

Note: Examples of some types of child care services are as follows:

(a) child care centres;

(b) family day care services;

(c) nanny services and other child-minding services provided on a commercial basis;

(d) babysitting services, unless the services are provided under a private arrangement (whether or not a fee is payable);

(e)  au pair work, if the work involves the provision of child care.

child-related commercial service means –

(a) a service or activity at a sporting, cultural or entertainment venue that is provided on a commercial basis primarily for children; or

(b) an entertainment service or party service that is provided on a commercial basis primarily to or for children;

Note : Examples of child-related commercial services include –

(a) entertainment or party services provided on a commercial basis including magician, clown and animal shows for children; and

(b) gym and play facilities; and

(c) talent or beauty competitions for children.

child-related religious activity means –

(a) a religious service conducted by a minister, priest, rabbi or other religious leader or spiritual officer in a religious organisation for a congregation that consists of or includes children; or

(b) an activity or service provided for children which is conducted by or for the purposes of a religious organisation;

Note : Examples of activities under paragraph (b) include Sunday school activities and church youth activities.

child-related service means one or more of the following services:

(a) a child care service;

(b) a coaching or tuition service;

(c) a child-related commercial service;

(d) a child-related religious activity;

(e) a club or association activity;

close relative , in relation to a vulnerable person, means the vulnerable person’s –

(a) husband or wife, or partner within the meaning of the Relationships Act 2003 ; or

(b) father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

(c) son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

(d) brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

(e) uncle, aunt, uncle-in-law or aunt-in-law; or

(f) nephew, niece or cousin –

but does not include a person referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) if that person has been given the care of the vulnerable person under section 69(1)(a) of the Children, Young Persons and Their Families Act 1997 .

club or association activity means a cultural, recreational, sporting or community activity or service provided primarily for children by a club, association, movement, society or other similar body;

Note : Examples of persons who are engaged in a club or association activity, and who by virtue of regulation 5 are required to be registered, include –

(a) sports coaches and sports team managers; and

(b) guide and scout leaders; and

(c) members of the board of management, or a committee, of the club, organisation, movement, society or other body; and

(d) track officials at children's athletics meets.

coaching or tuition service means a service involving coaching or tutoring children including, but not limited to, coaching and tutoring in a sport, driving, singing, a musical instrument, dance or educational matters;

day includes part of a day;

religious community service organisation means an organisation that is based in religion but that provides only practical or support services;

Note : Examples of such organisations include Mission Australia, Anglicare and Centacare that provide practical and support services but not religious services to congregations.

religious organisation means an organisation which conducts religious services to congregations or carries out religious work but does not include a religious community service organisation;

safety screening clearance means a safety screening clearance issued by the child care Department for the purposes of the Education and Care Services National Regulations;

school means –

(a) a State school within the meaning of the Education Act 2016 ; or

(b) a registered school within the meaning of the Education Act 2016 ; or

(c) a centre, unit or institute of the State which provides educational instruction at any level up to, and including, the final year of secondary education, including TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 .

(2)  Unless the contrary intention appears, an expression that is used in these regulations and the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 of the Commonwealth or the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 of the Commonwealth has, in these regulations, the same meaning respectively as in those rules.