Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 5

Non-application of this Act

5. Non-application of this Act



(1) Nothing in this Act applies in circumstances where the children being
cared for or educated are-

   (a)  patients in a hospital which is a registered funded agency under the
        Health Services Act 1988;



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   (c)  recipients of protection, care or accommodation being provided by a
        community service or secure welfare service established under
        section 44 of the Children, Youth and Families Act 2005 or a community
        service registered under Division 3 of Part 3.3 of that Act;

   (d)  clients of a registered service or a residential program within the
        meaning of the Intellectually Disabled Person's Services Act 1986.

(1A) Nothing in this Act applies in circumstances where the education provided
to a child is education at a preparatory level or above at a Government
school, or non-Government school, within the meaning of the
Education and Training Reform Act 2006.

(1B) Nothing in this Act applies-

   (a)  to a service principally conducted to provide instruction in a
        particular activity or sport; or

Example Instruction in a particular activity could be instruction in dance,
music or language or religious instruction.

   (b)  to a playgroup registered with Playgroup Victoria Inc.

(1C) To avoid doubt, it is declared that a service may be a children's service
even though it is conducted-

   (a)  by an entity that also carries on a school; or

   (b)  at premises at which a school is also carried on.

(2) Nothing in this Act applies in circumstances where the children are being
cared for or educated in the children's own home or by a relative of the
children.

(3) Nothing in this Act applies in circumstances where-

   (a)  children are being cared for or educated under an informal arrangement
        between a parent or guardian of one or more of the children and the
        individual (the carer) providing the care and education; and

   (b)  at least one of the children (other than a child of the carer) is
        being cared for or educated in his or her own home; and

   (c)  not more than 4 children under the age of 6 who are not students
        enrolled at a preparatory level or above at a school are being cared
        for or educated by the carer.

Example A group of parents arrange for their children to be cared for by a
babysitter or nanny in one of the parent's homes.

(4) Nothing in this Act applies in circumstances where children who are 6
years of age or over or who are students enrolled at a preparatory level or
above at a school are being cared for or educated outside their own home under
an informal arrangement between a parent or guardian of the children and the
individual providing the care or education.

Example A parent arranges for a neighbour or friend to care for his or her
children after school.