Child Care Services (Child Care) Amendment Regulations 2011 (WA)
| 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.
.1 inendinent Regulations 2011.
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)
Ei January 2012 GOVERNMENT GAZE'1 PE, WA 15 2. Commencement
These regulations come into operation as follows
(a) regulations I and 2 — on the day on •hich these regulations are published in the Gazeiie; (b) the rest of the regulations — on the day on hich the Child Care Services Amendment Act 2011 Part 2 comes
into operation.
3. Regulations amended
These regulations amend the Child Care Services (Child Care)
Regulciiions 2006.
4. ReguIadon 3 amended
(1) In regulation 3 delete the definitions of: current assessment notice
first aid qualifcationsproposed S rper► 'i,sin, officer (2) In regulation 3 insert in alphabetical order: first raid qualifrcatioi, means a certificate or other-
document evidencing the successful completion of an
approved first aid training course;
(3) In regulation 3 in the definition of class C contact staff nicinher
delete paragraph (a).(4) In regulation 3 in the definition of place delete paragraph (h)
and insert:(h) in relation to a licence application, the place at
hich the licence applicant proposes to operate
the service to •hich the application relates; 5. Regulation 7 amended
(1) In regulation 7(1): (a) delete "applicant for a licence — " and insert:
applicant
(h) delete paragraph (d) and insert:
(d) a mothercraft nursing qualification;
(2) Delete regulation 7(2).
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6. Part 2 Division 2 heading replaced
Delete the heading to Part 2 Division 2 and insert:
Division 2 — Licence applications and renewal
applications
7. Regulations 10, 11 and 12 replaced Delete re^tulations 10. 11 and 12 and insert:
10. Documents and information to accompany licence
application
(1) For the purposes of section 11(h) the following
documents and infbr-mation are prescribed -
(a) in the case of an individual applicant —
(i) a criminal record check on the applicant issued not more than 6 months before the date of'the application: and
(ii) a copy of each qualification prescribed in regulation 7(1) that is held by the applicant; and
(iii)
applicant engaged in children's or
education services or in chile]infbimation about the time spent by the management;
(b)
in the case of a corporate applicant, a criminal record check on each managerial officer of the applicant issued not more than 6 months before
the date of the licence application; (c) a financial assessment in the approved form; (d) from the national database kept by the
Australian Securities and Investmentsif the licence applicant is a company, a printout obtained by the Commission about the
company;
(e)
if the licence applicant is an incorporated association. a copy of the certificate of incorporation of the association:
(1) a site plan. drawn to a scale of not less than
1:500. showing the location of each building at
the place;
(g)
a plan of the building of buildings at the place. drawn to a scale of not less than 1:100. shoeing
E January 2012 GOVERNMENT GAZE'1 PE, WA 17 the use to •hich each part of the building or
buildings • will he put; (h) if the place has not previously been used foi a
child care service.. any current certificate of
classification relating to the place issued underthe Building Regu/wions 1989 Part 5.
(2) Subregulation ( 1)(h) does not apply to a place that is
owned by a public authority.
11. Documents and information to accompany renewal ahhlication
(1) In this regulation re l e ► 'a lit period mean s
(a)
if the renewal application is the first renewal application in respect of the licence, the period since the licence was -ranted:
(b)
in any other case. the period since the licence was last renewed.
(2) For the purposes of section 22(2)(c) the follov••in^, documents and information are prescribed —
(a) in the case of a renewal application by an
individual -
(i) applicant issued not more than 6 months
before the date of the application ora criminal record check on the renewal has been applied for; and
(ii) a copy of each qualification prescribed in regulation 7(1) that is held by the
renewal applicant unless the
qualifications held by the renewal
applicant have not changed in the relevant period and the application is
accompanied by a statement to that
effect;(h) in the case of'a renewal application by a hod)
corporate that is not a public authority, a
criminal record check on each managerial
officer of the renewal applicant issued not more
than 6 months before the date of the application
or evidence that a criminal recta d check hasbeen applied for:
(c) a financial assessment in the approved form; (d)
printout from the national database kept by the
Australian Securities and Investmentsif the renewal applicant is a company. a obtained by the Commission about the
| 1 8 | C. | OVER.NMENT GAZETTE. NVA | E January 2012 |
| company unless that info oration has not |
•
changed in the relevant period and the renewal
application is accompanied by a statement tothat effect;
(e) if the renewal applicant is an incorporated
association. a copy of'the certificate of
incorporation of the association unless that
certificate has not chanecl in the i elegy ant
period and the renewal application is
accompanied by a statement to that effect.8. Part 2 Division 3 heading amended
In the heading to Part 2 Division 3 after "to"" insert:
licence
9. Regulation 13 replaced
Delete regulation 13 and insert:
13. Referees
(1) If a licence application nominates referees for the
licence applicant, those referees must include
(a)
a referee ho knows the licence applicant and who has had experience in children's services; and
(b)
a referee who is a previous employer of'the licence applicant or who has orked ith the licence applicant in a paid or unpaid capacity.
(2) .1 person is not eligible to act as a referee fin a licence applicant if the person is
(a) an employee of the licence applicant; or (b) married, or related (including by marriage), to the licence applicant; or (c) a de facto partner of the licence applicant; or (d) another licence applicant or an applicant for an approvalunder the Child Care Services Regu/ations 2007 Pai t 3!L.
10. Regulations 14 and 16 deleted
Delete regulations 14 and 16.
11. Re-ulation 17 amended
Delete regulation 17(2).
E January 2012 GOVERNMENT GAZE'1 PE, WA 19 12. Regulation 19 .amended
(1) Delete regulation 19(1)(O. (2) In regulation 19(3):
(a) in paragraph (a) delete "CEO;" and insert: CEO; and
(b) in paraw-aph (b) delete "officer; and" and insert: otticer-
(c) delete paragraph (c).
13. Regulations 28 and 29 deleted
Delete regulations 28 and 29-14. Re-ulation 30 replaced
Delete regulation 30 and insert:30. First aid officers
(1) In this regulation specified means specified in a notice under suhre^,ulation (4). (2) A licensee must ensure that at least one person
possessing a first aid qualification is in attendance at
the place at all times enrolled children are attending a
care session at the place.
Penalty: a fine of $4 [ 00.
(3) Subregulation (2) does not apply to a licensee if the licensee is the subject of a notice under suhre^tulation (4). (4) It; having regard to the matters mentioned in
subregulation (5). the CEO considers it appropriate to
do so, the CEO may, by written notice given to a
licensee, require the licensee to ensure that a specified
number of persons possessing a first aid qualification
are in attendance at the place at all times, or at
specified times. when enrolled children are attending a
care session at the place.(5) For the purposes of subregulation (4), the matters are -
(a) the layout of the place; and (b) the hours of operation of the service; and (c) the staffing requirements for the service.
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(6) A licensee must comply with a notice given to the
licensee under suhr-ewulation (4).
Penalty: a fine of $4 000.
15. Regulation 60 amended
Before regulation 60(1) insert:
(IA) In this reulatitm
current assessment notice means an assessment notice
issued under the Working with Children (Criminal
Record Checking) Act 2004 section 12(1 )(a) not more
than 3 years before the material time
prescribed rlffejnce means a Class I offence or aClass 2 offence, as those terms are defined in the
Working it-ith Children (Criirrinal Record Checking)
Act 200-I section 4.
16. Regulation 67 amended
Delete regulation 67(2)(1) and (m) and insert:
(1) details of any —
(i) specific healthcare needs of the child. including any medical condition: and
(ii)
allergies. includingwhether • the child has been diawnosed as at risk of
anaphylaxis;
(m)
details of any plan to he followed with respect to a specific healthcare need. medical condition or allergy referred to in paragraph (1);
(n) details of any medication necessary for the management or treatment of a specific healthcare need. medical condition or allergy
referred to in paragraph (1);(o) the immunisation status of the child; (p) any other- relevant information relating to the child.
17. Regulation 70 replaced
Delete rei.ulation 70 and insert:
70. Record of attendance
(1) A licensee must ensure that a record of attendance is
kept for each care session in accordance with the
requirements of subr-egulations (2) to (5).
Penalty: a fine of $3 000.
Ei January 2012 GOVERNMENT GAZE'1 PE, WA 21
(2) The record of attendance must include the fUllowin, (a) the time of arrival and the time or departure of
each enrolled child:
(h) the signature of the person responsible f{n,
verifying; the accuracy of the record.
(3) The time of arrival must be entered in the record of attendance immediatel y after the child arrives at the place. (4) The time of departuie must be entered in the record of
attendance immediately before the child leaves the
place.(5) The record of attendance must he retained fbr a period of 3 years after the day on which the record was made. 18. Regulation 76 amended
After reulation 76(1 )(j } insert:
(ka) the service practice and policy regard i ng the treatment of children experiencin g, an anaphylactic reaction:
19. Refgu1ation 93 .amended
In re p-tilation 93(b) delete "certificate" and insert:
qualification
20. Regulation 96 replaced
Delete regulation 96 and insert: 96. Protection of enrolled chiiciren leaving place
(1) A licensee must ensure that an enrolled child does not leave the place during or at the end of - a care session finless —
(a)
the child is in the care of the child's parent or a person authorised by the chIId's parent; or
(b)
in the case of-an emergency, when a person referred to in paragraph (a) is not available, the child is in the care of a person authorised by the licensee or supervisin g, officer. ha' ing due regard to the wellbeing of the child.
(2) A licensee must ensure that the CEO is notified as soon
as practicable if an enrolled child leaves the place in
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cii ,cumstances other than those referred to in
su br-egulation (1)(a).Penalty: a fine of $ 3 000.
97A. Medication (1) If the enrolment form kept by a licensee under
reg ulation 67(1) for an enrolled child contains details
of medication referred to in regulation 67(2)(n), the
licensee must ensure that a parent of the child is asked
to provide the medication so that it is available for
administration to the child.(2) A licensee must ensure that, except in an emergency.
medication is not administered to an enrolled child
without the written authority of a parent of the child
specifying the name of the medication and the time,
quantity and manner of administration of the
medication.(3) Subregulation (2) does not apply to the
self-administration of a non-prescription asthma
inhaler.
Penalty: a fine of $4 000.21. Regal tion 97 amended
Delete regulation 97(1 ) and (2).
By Command of the Governor,
R. KENNEDY. Clerk of the Executive Council.
CN303* Child Care Services Act 2007 Child Care Services (Family Day Care)
Amendment Regulations 2011
Made by the Governor in Executive Council.
1. Citation
These regulations are the Child Care Services (Family Day
Care) Ainendinent Regidatians 2011.
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