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Home > Child care > Child Care Legislation > What is a child care service?

What is a child care service?

Young child smiling while holding a pink toy in both hands and wearing a hat

Licensed services | Stand alone services | What is not a child care service?

'Child care' is defined in the Child Care Act 2002 (section 4) as care of a child provided:

  1. by someone other than a relative or guardian of the child
  2. at a place other than the child's home
  3. for reward1
  4. in the course of a service for regularly providing care of children.

A child care service is a service which regularly provides child care (section 5 of the Act). There are certain specific exclusions from the definition of a child care service that are set out below.

Under the Act, there are two child care service types: centre based and home based. Child care services will be either:

Licensed services

Child care services (home based or centre based) that cater for seven children or more are required to hold a license in Queensland.

Licensed centre based care services include long day care centres, limited hours care centres, occasional care centres, school age care services and kindergartens.

Licensed school age care services operate:

Services providing only vacation care will not be required to be licensed.

Family Day Care schemes are licensed home based care service.

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Stand alone services

Child care services that cater for up to six children are not required to be licensed but are required to meet certain minimum standards. These services are known as stand alone child care services. The care can be provided in a home or other place (for example, a hall or church).

What is not a child care service?

A 'child care service' (section 5 of the Act) does not include the following:

  1. a service for providing primary, secondary or special education
  2. a service principally conducted to provide:
    1. therapeutic services
    2. residential facilities
    3. instruction in a particular activity, for example: dance, music or a sport
    4. tutoring, coaching or religious instruction
    5. a recreational activity, for example: a camp or party.
  3. a service for which, ordinarily, the children in care are entirely or mostly different on each occasion child care is provided, eg resort care for children of guests of the resort
  4. a service in which the only child care provided is:
    1. holiday care3
    2. adjunct care4
    3. care of children who are at least 12 years old.
  5. a licensed care service or foster care under the Child Protection Act 1999.
  1. as defined - refer to Schedule 2 of the Act
  2. as defined - refer to Schedule 2 of the Act
  3. as defined - refer to Schedule 2 of the Act
  4. as defined - refer to Schedule 2 of the Act

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Last updated: 23 June 2008.