Western Australian Numbered Acts Western Australian Numbered Acts In this Part, unless
the contrary intention appears —
“applicant” means —
(a) if a
licence is applied for on behalf of a public authority, the public authority;
or
(b)
otherwise, a person who applies for a licence;
“application” means an application for
a licence;
"child care service" has the meaning given to that
term in section 198;
“corporate applicant” means an
applicant that is a body corporate other than a public authority;
“criminal record check” means a
document issued by the Australian Federal Police or another body or agency
approved by the CEO that sets out the criminal convictions of an individual
for offences under the law of Western Australia, the Commonwealth, another
State or a Territory;
“equivalent authority”
means —
(a) a
licence or permit issued under the Community Services Act 1972 section
17B before its repeal by this Act; or
(b) a
licence, permit or other authority (however described) relating to the
provision of a child care service or similar service in another State or a
Territory;
“family day care service” means a
child care service provided at a place where —
(a) the
person providing the service lives; and
(b) none
of the children to whom the service is provided live;
“individual applicant” means an
applicant who is an individual;
"licence" means a licence under this Part;
“licensee” means a person who holds a
licence;
“managerial officer” , in relation to
a corporate applicant, means —
(a) a
director or secretary of the body;
(b) if
the applicant is an incorporated association as defined in the
Associations Incorporation Act 1987 section 3, a member of the
committee of the association;
(c) a
person who holds 50% or more of the issued shares of the body; and
(d) any
other person who, in the opinion of the CEO, exercises or exerts control or
influence over the body, or is in a position to do so;
“nominated supervising officer” means
the person nominated in an application made by a corporate applicant or a
public authority as the person who will be responsible for the day-to-day
supervision and control of the child care service to which the application
relates;
“prescribed offence” means an offence
prescribed, or of a class prescribed, in the regulations;
"supervising officer "for a child care service
means —
(a) if a
licence in respect of the service is granted to an individual —
(i)
the licensee; or
(ii)
a person appointed under the regulations to act in place
of the licensee;
(b) if a
licence in respect of the service is granted to a corporate applicant or a
public authority —
(i)
the person specified in the licence document relating to
the service as the person responsible for the day-to-day supervision and
control of the service; or
(ii)
a person appointed under the regulations to act in place
of the person referred to in subparagraph (i);
“suspension notice” means a notice
under section 220(1);
“usual occupant” , in relation to an
application that relates to a family day care service, means —
(a) a
person other than the 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.