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Guide to the Education and Care Services National Law ... - acecqa

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www.<strong>acecqa</strong>.gov.au<br />

<strong>Services</strong> excluded by <strong>the</strong> <strong>National</strong> Regulations<br />

<strong>National</strong> Regulations: Regulation 5<br />

<strong>Services</strong> that are excluded by <strong>the</strong> <strong>National</strong> Regulations may be brought in<strong>to</strong> <strong>the</strong> <strong>National</strong> Quality<br />

Framework in <strong>the</strong> future.<br />

The <strong>National</strong> Regulations exclude <strong>the</strong> following services:<br />

• disability services defined under state or terri<strong>to</strong>ry law, <strong>and</strong> early childhood intervention<br />

services for children with additional needs<br />

• education <strong>and</strong> care in a child’s home<br />

• education <strong>and</strong> care in a residence, o<strong>the</strong>r than as part of a Family day care service<br />

• occasional care services (for example, offered at short notice or on a casual basis)<br />

• education <strong>and</strong> care provided by a hotel or resort <strong>to</strong> children of short-term guests at <strong>the</strong> hotel<br />

or resort<br />

• education <strong>and</strong> care that is provided on an ad hoc basis <strong>to</strong> children of a guest, visi<strong>to</strong>r or patron<br />

where <strong>the</strong> person who is responsible for <strong>the</strong> children is readily available at all times<br />

• education <strong>and</strong> care where it is primarily provided or shared by parents or family members<br />

• education <strong>and</strong> care provided at a secondary school <strong>to</strong> a child of a student attending <strong>the</strong><br />

school, where <strong>the</strong> parent retains responsibility for <strong>the</strong> child<br />

• mobile services<br />

• services that provide education <strong>and</strong> care for no more than four weeks per calendar year<br />

during school holidays<br />

• transition <strong>to</strong> school programs provided by a school <strong>to</strong> orient children <strong>to</strong> that school<br />

• budget based funded services, o<strong>the</strong>r than where <strong>the</strong>y receive Child <strong>Care</strong> Benefit<br />

• playschools licensed in <strong>the</strong> Australian Capital Terri<strong>to</strong>ry<br />

• st<strong>and</strong>-alone services in Queensl<strong>and</strong><br />

• playcentres in South Australia<br />

• services licensed as Centre-based Class 4 or 5 services under <strong>the</strong> Child <strong>Care</strong> Act 2001 in<br />

Tasmania<br />

• licensed limited hours or short-term services in Queensl<strong>and</strong> or Vic<strong>to</strong>ria<br />

• government-funded services under <strong>the</strong> Children <strong>and</strong> Community <strong>Services</strong> Act 2004 of<br />

Western Australia.<br />

12 TWO – <strong>Guide</strong> <strong>to</strong> <strong>the</strong> <strong>National</strong> <strong>Law</strong> <strong>and</strong> <strong>National</strong> Regulations

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