Child Care Services Amendment Regulations 2011 (WA)

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4

GOVERNMENT GAZE r FE. NVA

Ei January 2012

COMMUNITY AND CHILD SERVICES
CN30 I
Child Care Services Act 2007
Child Care Services Amendment
Regulations 2011

Made by the Governor in Executive Council.
Citation
These regulations are the Child Care Services Amendment
Regulations 2011.

2. Corn mencement
These regulations come into operation as follows —

(a) regulations I and 2 — on the day on which these regulations are published in the Gazette;
(b)

the rest of the re^tulations on the day on which the
Child Care Services Amendment Act 2011 Part 2 comes into operation.

3. Regulations amended
These regulations amend the Child Care Services
Regulations 200.

(1) For the purposes of paragraph (a )(ii) of the definition
of manageriral officer in section 3 of the Act. the
prescribed class of function is responsibility, as a
member of the committee of an incorporated
association, for managing the provision of a child care
service by the association.
(2) For the purposes of subregulation (1), it does not
matter that the responsibility is exercised with other

people.

4. Regulation 2 replaced
Delete regulation 2 and insert:
2. Managerial officer of incorporated association: s. 3

E January 2012 GOVERNMENT GAZE'1 PE, WA 5
5. Regulation 4 amended

(1) In regulation 4(1) delete the definition of first aid
gtra l r fica tions.
(2) In regulation 4(1 ) insert in alphabetical order:
first raid qualrficatioi, means a certificate or other
document evidencing the successful completion of an
approved first aid training course;

(3) In regulation 4(2):

(a) in paragraph (t)(ii) delete "current first aid qualifications; and" and insert:
a current first aid qualification: and

(b) in paragraph (g)(ii) delete "current first aid qualifications." and insert:
a current first aid qualification.

6. Regulation 5A deleted
Delete regulation 5A.
7. Part 3A inserted
After Part 2 insert:
Part 3A — Supervising officers

Division I — Approvals

bA. Terms used
In this Division, unless the contrary intention
appears
appplie(!(ion means

(a)

an application made under regulation GL)(1) for an approval to act; or

(b)

an application made under regulation 6D(2) for a supervisor approval;
approl'aI means -

(a) an approval to act; or
(b) a supervisor approval;
approraI criteria has the meaning given in
regulation 6C(1):

C.OVER.NMENT GAZETTE. NVA E January 2012

ap proi'al to act has the meaning given in
regulation 6D(1 );
srrlperl'rsur app wo 'al has the meaning given in
regulation 6D(2).

6B. Purpose of Division
The purpose of this Division is to set out provisions
relating to approvals for the purposes of
section 5A(1)(a)(ii) and (b)(i) of the Act.
bC. Approval criteria

(1) For the purposes of this Division the appprul'al criteria
are —
(a) that the applicant has the ability to supervise
and control on a day-to-day basis the provision
of'a child care service; and

(h) that the applicant is otherwise a fit and proper

person to be involved in the provision of a child
care service: and

(c) that the applicant holds at least one relevant
qualification.

(2) In subiegulation (1)(c) —
relel'rrnt qualifrcation means

(a)

a degree or diploma in early childhood care or earl\ childhood education fi ,om an Australian university or other tertiai- v institution; or
(b) a 2 year certificate in child care studies; or
(c) a diploma or associate diploma in child care; or
(d) a mothercraft nursing qualif icatitm: or
(e) a degree or diploma in education. social

(t) a certificate or other document evidencing the
successful completion of an approved first aid
tiainin Course.
sciences or behavioural sciences; or

6U. Application for approval

(1)

An individual may apply to the CEO fbr- approval to act in place of an individual ho holds a licence (an
(tpppprol'al to LICE).
(2) An individual may apply to the CEO for approval as a
person suitable to have responsibility for the
day-to-day supervision and control of a child care
service (a srrperl'isor aly)roi'al).

(i January 2012 GOVERNMENT GAZE'1 PE, WA i

6E. Form of application
(1) An application must be (a) in writing; and (h) in the approved fbrm.
(2) The approved form must
(a) he completed in accordance with any
instructions on or attached to the form: and

(b)
he accompanied by any information Oi specified in the form; and

(c) in the case of an application for an approval to
act be accompanied by the licensee's written consent to the application.

(3) Despite subregulation (2), the CEO may consider and deal ith an application if. in the opinion of the CEO. the requirements of that subregulation have been
substantially complied with.

bF. CEO may seek additional information
(1) The CEO may ask an applicant for any additional
information or document that the CEO considers is or
could he relevant to making a decision on the
application.

(2) Without limiting subregulation (1), for the purpose of deciding whether or not an applicant meets the criteria listed in regulation 6C(1 )(a) and (h). the CEO may ask the applicant to do one or more of the following —

(a) undergo an oral or •ritten assessment as to his •

or her kno led ge and understanding of
(i) the operation of this Act; and

(ii) the field of child development;
(b) provide a reference or report speci Pied by the
CEO;

(c) undergo a medical, psychiatric or psychological test or examination specified by the CEO.

(3) If the CEO makes a request under subregulation (1)
or (2), the CEO does not have to consider the
application, or consider it further. until the request is
complied with.

(4)

Any costs incurred in complying with a request under suhregulation (1) or (2) are to be paid by the applicant unless the CEO determines otherwise.

C.OVER.NMENT GAZETTE. NVA E January 2012

6G. Referees
(1) If an application nominates referees for the applicant. those referees must include —

(a)

a referee w ho knows the applicant and w ho has had experience in children's services; and

(b)

a referee w ho is a previous employer of'the applicant or who has worked with the applicant in a paid or unpaid capacity.

(2) A person is not eligible to act as a referee for an
applicant iFthe person is -

(a) an employee oF the applicant; or

(b)

married. or related (including by marriage), to the applicant; or
(c) a de facto partner of the applicant; or
(d) another applicant.

6H. Decision as to approval

(1) The CEO may grant or refuse to grant an approval.
(2) The CEO must not grant an approval unless the CEO is
satisfied that the applicant meets the approval criteria.

(3)

The CEO must not grant an approval if the applicant is disqualified under section 29(4)(e)(iii) or 30C(4)(d)(iii) of the Act from being the supervising officer for a child care service.
(4) The CEO must give written notice of his or her
decision under subregulation (1) to the applicant.

6I. Conditions of approval

(1)

The CEO ma grant an approval subject to any conditions that the CEO considers appropriate.
(2) Without limiting subregulation (I ). it is a condition of
each approval that the holder of the approval notifies
the CEO in «• riting of a change in his or her name or
mailing address.
(3) A person who contravenes a condition of his or her
approval commits an offence.
Penalty: a fine of $2 000.

W. Amendment of conditions
(1) In this regulation —
rtnrentl it condition, in relation to an approval,
means
(a) to impose a new condition on the approval; or

( January 2012 GOVERNMENT GAZE'1 PE, WA 9
(b) to change or remove an existin g, condition of the approval (other than the condition referred to in regulation 61(2)).

(2) The CEO may. by written notice given to the holder of
an approval, amend a condition.
(3) The CEO may exercise the power in
subregulation (2) -
(a) on the CEO's own initiative; or
(h) on an application made by the holder of the
approval in the approved form.

(4) The CEO may ask an applicant under
suhreulation (3)(b) for any additional information or
document that the CEO considers is or could he
relevant to making a decision can the application.
(5) If the CEO makes a request under subregulation (4).
the CEO does not have to consider the application, or
consider it further. until the request is complied ith.

6K. Reassessment of suitability

(1) The CEO may at any time reassess whether the holder
of an approval meets the approval criteria.
(2) The CEO may ask the holder of an approval lbr any
information or document that the CEO considers is or
could he relevant to a reassessment under
suhre^,ultition (1).
(3) Without limiting, suhregulation (2), the CEO may. for
the purposes of a reassessment under subre,tulation (1).
ask the holder of an approval to do one or more of the
thinks listed in regulation 6F(2).
bL.

(1) The CEO may suspend of cancel an approval if Suspension or cancellation of approval

(a) the CEO is no longer satisfied that the holder of the approval meets the approval criteria; of
(b) the holder of the approval is disqualified under section 29(4)(e)(iii) or 30C(4)(d)(iii) of the Act from being the supervising officer for a child
care service.

(2) Before exercising the power in subre,tulation (1), the
CEO must —
(a) give the holder of the approval a notice (a show
cause notice) stating the following —
(i) that the CEO intends to suspend or
cancel the approval;

1(]

C.

OVER.NMENT GAZETTE. NVA

G January 2012

(ii) the reasons for the proposed suspension or cancellation:
(iii) that the holder of the approval may, within 30 days after the notice is given, give the CEO a written response to the proposed suspension of cancellation;

and
(b) consider any written response from the holder

of the approval received within the period
referred to in paragraph (a)(iii).

(3)

The CEO must give the holder ofan approval written notice of a decision to suspend or cancel the approval under subregulation (1) (a notice of decision).
(4) A notice of decision must state —
(a) the day onwhichthe decision takes effect; and
(h) in the case ofa decision to suspend — the
period of suspension.

(5) A decision to suspend of cancel an approval under
subregulation (1) takes effect

(a) at the end of 14 days after the giving of the

notice of decision; or
(h) if another period is specified in the notice of

decision — at the end of that period.

6T1. Surrender of approval

(1) A person who holds an approval may, by written notice
,given to the CEO, surrender the approval.
(2) A notice under subregulation (1) must be in the
approved form.
(3)

On the surrender of an approval under
subregulation (1). the approval ceases to have effect.

6N. Approval document

(1) If the CEO grants an approval to a person the CEO
must issue an approval document to the person.
(2) An approval document

(a) must contain the following information -

(i) the name of the holder of the approval;
(ii) any conditions of the approval;

and

(b) may contain any other information the CEO

considers appropriate.

E January 2012 GOVERNMENT GAZE'1 PE, WA 11
60. Return of approval document required in certain circumstances

(I) If an approval

(a) has been suspended or cancelled tinder regulation 6L; or
(b) has been surrendered under regulation 6M.
the person who was the holder of the approval must. as soon as practicable after the suspension. cancellation or surrender, return his or her approval document to the
CEO.
Penalty: a fine of'$2 000.

(2) If the CEO amends a condition of an approval under

regulation 6J. the holder of the approval must. if
required by the CEO to do so. return his or her
approval document to the CEO for amendment.
Penalty : a fine of $2 000.

6P. Review by State Administrative Tribunal
(1) In this regulation —
peisuii a riered means —

(a)

a person upon hose application a relevant decision is made; or
(b) the person to whom a relevant decision relates.
relevant decision means a decision of the CEO

(a)

under regulation 6H to refuse to grant an approval;

(b)

under regulation 6I to grant an approval subject to a particular condition;
(c) under regulation 6J to amend or refuse to

amend a condition of an approval;

(d)

under regulation 6L to suspend of cancel an approval.

(2) A person aggrieved by a relevant decision may apply to
the State Administrative Tribunal l'cn- a review of the
decision.

6Q. Offence to pretend to be holder of approval
A person must not hold himself or herself out as being
the holder of an approval unless the person holds an
approval.
Penalty: a fine of $6 000.

12	C.	OVER.NMENT GAZETTE. NVA	( January 2012
Division 2 — Nominations

6R. Terms used
In this Division
licensee means a corporate licensee oI a public
authority that is the holder of a licence;
nomination means a nominzition made under
regulation 6T(1)
supaerrisor al7j-wo 'al has the meaning given in
re^tulation 6D(2).
6S. Purpose of Division
The purpose of this Division is to set out provisions
ielatin g to nominations foi the purposes of
section 5!L(1)(b)(ii) of the Act.
(T. Nomination

(1) A licensee fbr a child care service may nominate an
individual who holds a supervisor approval (the
nominee) as the supervising officer for the service.
(2) A nomination must be —
(a) made to the CEO in writin g,; and
(h) in the approved form; and
(c) accompanied by the nominee's written consent
to the nomination.

(3) A nomination must specify the tinges when the
nominee is to be the supervising officer for the service
concerned.

(4) For the purposes of subregulation (3) a nomination
may specify -

(a) all times when the service is provided; or
(b) particular tinges when the service is provided.

(5) If there is more than one nominee for a child care
service, the tinges specified under subreg ulation (3) in
respect of a nominee must not he the same as. or
overlap with, the times specified in respect of'another
nominee.

(6) A nomination made in accordance ith this regulation

takes effect

(a)

can the day on which the nomination is made to the CEO; or

(b)

if another day is specified in the nomination can that day.

(i January 2012 GOVERNMENT GAZE'1 PE, WA 13

6U. Amendment or revocation of nomination

(1)

A licensee may, by written notice given to the CEO, amend of revoke a nomination made by the licensee.

(2)

If a person nominated as the supervising officer for a child care service ceases to be employed as a member of the staff of the service, the licensee for the service
must. by •ritten notice given to the CEO. revoke the
nomination.
Penalty: a fine of $2 000.
(3) A notice under suhr-etulation (I) or (2) must he in the
approved form.

(4)

If a notice is given under- suhregulation (1) or (2). the amendment or revocation, as the case requires. takes effect -
(a) on the day on which the notice is given to the
CEO; or

(h) if another day is specified in the notice — on
that day.

8. Part 3 Division I heading inserted
At the betinnin t of Part 3 insert:
Division I — Provisions relating to repeal of Children and Cry ►►un ini4 Services Act 2004 Pa rt 8
9. Regulation 6 amended

(1) In regulation 6(1) delete "Part —" and insert:

Division
(2) In regulation 6(2) delete "Part" and insert:
Division

1 .1

C.OVER.NMENT GAZETTE. NVA

E January 2012

10. Part 3 Division 2 inserted
At the end of Part 3 insert:
Division 2 —Provision relating to Child Care Services

Amendment Act 21111

11. Supervising officers

(1) In this regulation
coiiriirencenreiit day, means the day on •hich the Child
Care Services Amendment Act 2011 section 4(2) comes
into operation:
01(1 de i,itruii means the definition of super ► 'rsi
officer in section 3 of the Act as in lbrce immediately
before the commencement day.
(2) An individual who, immediately before the
commencement day. was the supervising officer for a
child care service under paragraph (b)(i) of the old
definition is, on and after that day, to be taken to have
been nominated by the licensee of the service as the
supervising officer for the service at all times when the
service is pi,ovided.

(3)

Regulation 6U applies to a nomination that has effect because of the operation of suhreulation (2) as if the nomination had been made b\ the licensee of the child care service.

By Command of the Governor,
R. KENNEDY. Clerk of the Executive Council.

CN302 Child Care Services Act 2007
Child Care Services (Child Care) Amendment
Regulations 2011

Made by the Governor in Executive Council.
Citation
These regulations are the Child Care Services (Child Care)
.1 inendinent Regulations 2011.

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Child Care Services Amendment Regulations 2011 (WA)

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(1)	In regulation 4(1) delete the definition of *first aid*
*gtra l r* fica tions.
(2)	In regulation 4(1 ) insert in alphabetical order:

Division I — Approvals
bA.	Terms used
In this Division, unless the contrary intention appears appplie(!(ion means

(a)	an application made under regulation GL)(1) for an approval to act; or
(b)	an application made under regulation 6D(2) for a supervisor approval;

6B.	Purpose of Division
The purpose of this Division is to set out provisions relating to approvals for the purposes of section 5A(1)(a)(ii) and (b)(i) of the Act.
bC.	Approval criteria
(1)	For the purposes of this Division the appprul'al criteria are —

(2)	In subiegulation (1)(c) —
relel'rrnt qualifrcation means

(a)	a degree or diploma in early childhood care or earl\ childhood education fi ,om an Australian university or other tertiai- v institution; or
(b)	a 2 year certificate in child care studies; or
(c)	a diploma or associate diploma in child care; or
(d)	a mothercraft nursing qualif icatitm: or
(e)	a degree or diploma in education. social

6U.	Application for approval
(1)	An individual may apply to the CEO fbr- approval to act in place of an individual ho holds a licence (an
(tpppprol'al to LICE).
(2)	An individual may apply to the CEO for approval as a person suitable to have responsibility for the day-to-day supervision and control of a child care service (a srrperl'isor aly)roi'al).

(a)	a referee w ho knows the applicant and w ho has had experience in children's services; and
(b)	a referee w ho is a previous employer of'the applicant or who has worked with the applicant in a paid or unpaid capacity.

(a)	an employee oF the applicant; or
(b)	married. or related (including by marriage), to the applicant; or
(c)	a de facto partner of the applicant; or
(d)	another applicant.

6H.	Decision as to approval
(1)	The CEO may grant or refuse to grant an approval.
(2)	The CEO must not grant an approval unless the CEO is satisfied that the applicant meets the approval criteria.
(3)	The CEO must not grant an approval if the applicant is disqualified under section 29(4)(e)(iii) or 30C(4)(d)(iii) of the Act from being the supervising officer for a child care service.
(4)	The CEO must give written notice of his or her decision under subregulation (1) to the applicant.
6I.	Conditions of approval
(1)	The CEO ma grant an approval subject to any conditions that the CEO considers appropriate.
(2)	Without limiting subregulation (I ). it is a condition of each approval that the holder of the approval notifies the CEO in «• riting of a change in his or her name or mailing address.
(3)	A person who contravenes a condition of his or her approval commits an offence. Penalty: a fine of $2 000.
W.	Amendment of conditions

(2)	The CEO may. by written notice given to the holder of an approval, amend a condition.
(3)	The CEO may exercise the power in subregulation (2) -

(4)	The CEO may ask an applicant under suhreulation (3)(b) for any additional information or document that the CEO considers is or could he relevant to making a decision can the application.
(5)	If the CEO makes a request under subregulation (4). the CEO does not have to consider the application, or consider it further. until the request is complied ith.
6K.	Reassessment of suitability
(1)	The CEO may at any time reassess whether the holder of an approval meets the approval criteria.
(2)	The CEO may ask the holder of an approval lbr any information or document that the CEO considers is or could he relevant to a reassessment under suhre^,ultition (1).
(3)	Without limiting, suhregulation (2), the CEO may. for the purposes of a reassessment under subre,tulation (1). ask the holder of an approval to do one or more of the thinks listed in regulation 6F(2).

(a)	the CEO is no longer satisfied that the holder of the approval meets the approval criteria; of
(b)	the holder of the approval is disqualified under section 29(4)(e)(iii) or 30C(4)(d)(iii) of the Act from being the supervising officer for a child

(3)	The CEO must give the holder ofan approval written notice of a decision to suspend or cancel the approval under subregulation (1) (a notice of decision).
(4)	A notice of decision must state —

(a)	has been suspended or cancelled tinder regulation 6L; or
(b)	has been surrendered under regulation 6M.

(a)	a person upon hose application a relevant decision is made; or
(b)	the person to whom a relevant decision relates.

(a)	under regulation 6H to refuse to grant an approval;
(b)	under regulation 6I to grant an approval subject to a particular condition;
(c)	under regulation 6J to amend or refuse to

6Q.	Offence to pretend to be holder of approval
A person must not hold himself or herself out as being the holder of an approval unless the person holds an approval. Penalty: a fine of $6 000.

6R.	Terms used In this Division
licensee means a corporate licensee oI a public
authority that is the holder of a licence;
nomination means a nominzition made under
regulation 6T(1) supaerrisor al7j-wo 'al has the meaning given in re^tulation 6D(2).
6S.	Purpose of Division
The purpose of this Division is to set out provisions ielatin g to nominations foi the purposes of section 5!L(1)(b)(ii) of the Act.
(T.	Nomination
(1)	A licensee fbr a child care service may nominate an individual who holds a supervisor approval (the
nominee) as the supervising officer for the service.
(2)	A nomination must be —

(a)	all times when the service is provided; or
(b)	particular tinges when the service is provided.

(a)	can the day on which the nomination is made to the CEO; or
(b)	if another day is specified in the nomination can that day.

6U.	Amendment or revocation of nomination
(1)	A licensee may, by written notice given to the CEO, amend of revoke a nomination made by the licensee.
(2)	If a person nominated as the supervising officer for a child care service ceases to be employed as a member of the staff of the service, the licensee for the service
must. by •ritten notice given to the CEO. revoke the nomination. Penalty: a fine of $2 000.
(3)	A notice under suhr-etulation (I) or (2) must he in the approved form.
(4)	If a notice is given under- suhregulation (1) or (2). the amendment or revocation, as the case requires. takes effect -

(1)	In this regulation coiiriirencenreiit day, means the day on •hich the Child Care Services Amendment Act 2011 section 4(2) comes into operation: 01(1 de i,itruii means the definition of super ► 'rsi officer in section 3 of the Act as in lbrce immediately before the commencement day.
(2)	An individual who, immediately before the commencement day. was the supervising officer for a child care service under paragraph (b)(i) of the old definition is, on and after that day, to be taken to have been nominated by the licensee of the service as the supervising officer for the service at all times when the service is pi,ovided.
(3)	Regulation 6U applies to a nomination that has effect because of the operation of suhreulation (2) as if the nomination had been made b\ the licensee of the child care service.