Actively working towards a qualification
An educator is actively working towards a qualification if they:
a) are enrolled in the course for the qualification; and
b) provide the approved provider with documentary evidence from the provider of the course that:
- the educator has commenced the course; and
- is making satisfactory progress towards completion of the course; and
- is meeting the requirements for maintaining the enrolment; and
- in the case of an approved diploma level education and care qualification, the educator:
- holds an approved certificate III level education and care qualification; or
- has completed the units of study in an approved certificate III level education and care qualification.
Approved provider is a person who holds a provider approval. A provider approval authorises a person to apply for one or more service approvals and is valid in all jurisdictions.
Centre-based service is an education and care service other than a family day care service. This includes most long day care, preschool and outside school hours care services that are delivered at a centre.
Child over preschool age means a child who:
- is enrolled or registered at a school; and
- attends, or in the current calendar year will attend, school in the year before grade 1 or in grade 1 or a higher grade.
Child preschool age or under means a child under the age of 7 years who does not fall within the definition of child over preschool age.
Early childhood teacher
is a person with an approved early childhood teaching qualification. Centre-based services are required to have access to or attendance of an early childhood teacher. The requirements are based on the size of the service (see approved early childhood teaching qualifications
for more information).
Education and care service
is any service providing or intended to provide education and care on a regular basis to children under 13 years of age other than a service that is excluded under the National Law or Regulations. For more information about services excluded by the National Law and the National Regulations see the Guide to the National Law and National Regulations
Educator is an individual who provides education and care for children as part of an education and care service.
Family day care co-ordinator is a person employed or engaged by the approved provider of a family day care service to monitor and support the family day care educators who are part of the service.
Family day care educator is an educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue.
Family day care educator assistant is a person engaged by or registered with a family day care service to assist family day care educators.
Family day care service is an education and care service delivered through the use of two or more educators to provide education and care for children in residences, whether or not the service also provides education and care to children at a place other than a residence.
Former education and care services law
means a law declared by a law of a state or territory to be former education and care services law for the purposes of the National Law
. As outlined in the legislation that enacts the National Law in each state and territory, the following are declared former education and care services laws as in force on 31 December 2011 (except for Western Australia):
- ACT – Chapter 20 of the Children and Young People Act 2008, and (b) the Education Act 2004
- NSW - (a) Chapters 12 and 12A of the Children and Young Persons (Care and Protection) Act 1998, (b) Chapter 17 and Schedule 3 of the Children and Young Persons (Care and Protection) Act 1998 in so far as they relate to Chapters 12 and 12A of that Act, (c) the regulations made under the Children and Young Persons (Care and Protection) Act 1998 in so far as they relate to a provision referred to in (a) or (b).
- NT - (a) Chapter 4 of the Care and Protection of Children Act; (b) the Care and Protection of Children (Children's Services) Regulations; (c) Part 7 of the Education Act.
- QLD - (a) the Child Care Act 2002, and (b) the Child Care Act 1991 as in force before its repeal.
- SA - Education Act 1972 and the Children's Services Act 1985
- TAS - Child Care Act 2001
- VIC - Children's Services Act 1996 and the regulations made under that Act
- WA - Child Care Services Act 2007 and the regulations made under that Act (both as in force on 31 July 2012)
Suitably qualified person is a person who has:
- a qualification for the education and care of children generally or children of a specified age that is approved by ACECQA and included in the list of approved qualifications for suitable suitably qualified persons published under Regulation 137; or
- a qualification approved by ACECQA as a higher qualification for suitable qualified persons and included in the list of approved qualifications for suitable qualified persons published under Regulation 137.