Child Care Amendment Regulation (No. 1) 2008 (Qld)

Queensland Child Care Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 331 made under the ChildCareAct2002 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 28 (Extra group leader required for large service) ..................................... 2 5 Amendment of s 94 (Information for parents and guardians about care provided away from principal place of care) . . . . . . . . 3 6 Insertion of new s 95A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 95A Excursions to adjoining schools . . . . . . . . . . . . . . . . . 4 7 Amendment of s 96 (Transportation in a private vehicle) . . . . . . . 5 8 Amendment of s 102 (Other information—centre based service) 5 9 Amendment of s 118 (Person engaged in a position) . . . . . . . . . 6 10 Amendment of s 120 (Related areas of study). . . . . . . . . . . . . . . 6 11 Insertion of new s 126A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 126A Policies—Act, s 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Amendment of sch 1 (Groups in child care centres) . . . . . . . . . . 7

Child Care Amendment Regulation (No. 1) 2008 [s 1] 1 Short title This regulation may be cited as the Child Care Amendment Regulation (No. 1) 2008 . 2 Commencement This regulation commences on 3 November 2008. 3 Regulation amended This regulation amends the Child Care Regulation 2003. 4 Amendment of s 28 (Extra group leader required for large service) (1) Section 28(2) and (3)— renumber as section 28(3) and (4). (2) Section 28— insert— ‘(2) However, this section does not apply to a centre based service if— (a) the children in care of the service are aged between 3 years and school age; and (b) the service does not operate for more than 6 hours a day; and (c) the service is conducted by an adult who is present for the duration of the service and is a registered teacher, or is eligible for full or provisional registration, under the Education(QueenslandCollegeofTeachers)Act2005 and— (i) holds a bachelor degree, or higher qualification, in early childhood studies; or (ii) holds a qualification that enables the person to teach in a school that provides primary education and has completed, or is undertaking, a qualification mentioned in section 114(a) to (c).’. Page 2 2008 SL No. 331

Child Care Amendment Regulation (No. 1) 2008 [s 5] 5 Amendment of s 94 (Information for parents and guardians about care provided away from principal place of care) (1) Section 94(2)(c)— omit, insert— ‘(c) for an excursion—the address and a brief description of the destination; and’. (2) Section 94(2)— insert— ‘(f) the estimated travelling time for the activity; and (g) the details of activities to be undertaken at the destination.’. (3) Section 94(4)— renumber as section 94(5). (4) Section 94(3)— omit, insert— ‘(3) Also, the licensee must, before the activity is undertaken, obtain written permission for the activity from a parent or guardian of the child. ‘(4) The information given under subsection (2), or the written permission obtained under subsection (3), may relate to more than 1 activity.’. (5) Section 94(5), as renumbered, example, ‘ (3) and (4) ’— omit, insert— ‘ (4) and (5) ’. 6 Insertion of new s 95A After section 95— insert— 2008 SL No. 331 Page 3

Child Care Amendment Regulation (No. 1) 2008 [s 6] ‘95A Excursions to adjoining schools ‘(1) Despite section 95, this section applies to an excursion to and from a child care centre and school if— (a) the centre is located on, or adjoining, the school; and (b) the excursion route passes a safe distance from an unrestricted hazard having regard to the minimum supervision requirements in subsection (2); and Examples of hazards — carpark, construction site, pond, pool or road (c) the licensee has informed the parents or guardians of the excursion route and any hazards near the excursion route. Note — The requirement in paragraph (b) is in addition to the requirements in section 94. ‘(2) The licensee of the service must ensure, while the excursion is being carried out, the children are cared for in groups, each of which— (a) is not more than the maximum size stated in schedule 1; and (b) complies with any other limit for the group stated in schedule 1. Maximum penalty—10 penalty units. ‘(3) This section does not apply to the transportation of children in a private vehicle. ‘(4) In this section— school means any part of the premises of— (a) a State educational institution under the Education(General Provisions) Act 2006 ; or (b) a non-State school under the Education(Accreditationof Non-State Schools) Act 2001 . unrestricted , in relation to a hazard, means there is no barrier preventing access to the hazard.’. Page 4 2008 SL No. 331

Child Care Amendment Regulation (No. 1) 2008 [s 7] 7 Amendment of s 96 (Transportation in a private vehicle) Section 96(5)— omit, insert— ‘(5) During the transportation— (a) at least 1 adult in the vehicle must— (i) carry, for each of the children in the vehicle, the name and phone number of a parent or guardian, or another person nominated by a parent or guardian, who may be contacted in an emergency involving the child; and (ii) carry a mobile phone; and (b) a sign, identifying the child care service and emergency contact details for the service, must be clearly displayed— (i) on the vehicle; or (ii) in the vehicle in a way that the sign is visible from outside the vehicle.’. 8 Amendment of s 102 (Other information—centre based service) (1) Section 102(d)— insert— ‘(iv) the address of the destination for the excursion; and (v) the approximate travelling time for the excursion; and (vi) the activities undertaken at the destination;’. (2) Section 102(e)— insert— ‘(iv) the address of the destination for the escort;’. 2008 SL No. 331 Page 5

Child Care Amendment Regulation (No. 1) 2008 [s 9] 9 Amendment of s 118 (Person engaged in a position) Section 118(1) and (5), ‘6 months.’— omit, insert— ‘3 months.’. 10 Amendment of s 120 (Related areas of study) (1) Section 120, heading, ‘Related’— omit, insert— ‘ Relevant ’. (2) Section 120, ‘relevant’— omit. (3) Section 120— insert— ‘(f) creative arts, fine arts, drama or music.’. 11 Insertion of new s 126A Part 6, after section 126— insert— ‘126A Policies—Act, s 76 ‘(1) Monitoring the progress of staff of a child care service through a relevant course of study is a matter prescribed for section 76(2)(e) of the Act. ‘(2) In this section— relevant course of study , means a course of study leading to a qualification for an assistant, group leader, director or coordinator.’. Page 6 2008 SL No. 331

Child Care Amendment Regulation (No. 1) 2008 [s 12] 12 Amendment of sch 1 (Groups in child care centres) Schedule 1, authorising section— omit, insert— ‘Sections 22, 24, 25 and 95A’. ENDNOTES 1 Made by the Governor in Council on 2 October 2008. 2 Notified in the gazette on 3 October 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Communities. © State of Queensland 2008 2008 SL No. 331 Page 7