Child Care Services (Family Day Care) Amendment Regulations 2011 (WA)

22 C.OVER.NMENT GAZE'1 PE. WA E January 2012

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.

Care) Ainendinent Regidatians 2011.

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

Ei January 2012 GOVERNMENT GAZE'1 PE, WA 23

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 (Family Day
Care) Regurlcuions 2006.

4.             Regulation 3 amended

(1)	In regulation 3 delete the definitions of:
current assessment notice
f irst (lid qualifications
proposed s ape ri'isiil- officer-
(2)	In regulation 3 insert in alphabetical order:

first aid qualification 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 place delete paragraph (b)
and insert:

(b) in relation to a licence application, the place at

which the licence applicant proposes to operate
the service to which the application relates;

5.             Regulation 6 amended

In regulation 6:

(a) delete "first aid qualifications are" and insert:

a first aid qualification is

(h) delete `'applicant for a licence." and insert:

applicant.

24 C.OVER.NMENT GAZETTE. WA f January 2012

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.             Regulation 9 replaced

Delete regulation 9 and insert:

9.             Documents and information to accompany licence application

For the purposes of section 11(h) the following documents and infbr-mation are prescribed

(a) a criminal record check on the licence applicant

issued not more than 6 months before the date

of the application;

(h) a cop) of the licence applicant's qualification

prescribes] in regulation fi:

(c) a statement by the licence applicant indicating

the length oFtime that the applicant has been
engaged in providing children" s. educational or

human services;

(d)	a financial assessment in the approved form:
(e)	a site plan. drawn to a scale of not less than

•

1:500. showing

the location of each building at

the place:

(t) a plan of the building of buildings at the place,

•

drawn

to a scale of not less than 1:100. sho ing

the use to •hich each part of the building or
buildings will he put;
(yg)	if there is a swimming pool at the place, a

statement by the licence applicant indicating

• hether- or not the place complies ith the

requirements of the Building Regulations 1989

Part 10.

I OA.	Documents and information to accompany renewal application
For the purposes of section 22(2)(c) the following documents and inlbimation are prescribed

(a)	a criminal record check on the renewal applicant issued not more than 6 months before the date of the application or evidence that a criminal record check has been applied for;
(b)	a financial assessment in the approved form;

E January 2012 GOVERNMENT GAZE'1 PE, WA 25

(c) a copy of the renewal applicant's qualification prescribed in regulation 6.

8.             Regul ation 10 amended

In regulation 10(3) delete "9(1)(1). (`g) and (h)." and insert:

9(e). (t) and (b}.

9.             Regulation 11 deleted

Delete regulation 11.

10.          fart 2 Division 3 heading amended In the heading to Part 2 Division 3 after "to" insert:

licence

11. Regulation 12 replaced
Delete regulation 12 and insert:

12.           Referees

(1) If' a licence application nominates referees for the

licence applicant, those referees must include -

(a) a referee who knows the licence applicant and

who has had experience in children's services;

and

(b) a referee who is a previous employer o f' the

licence applicant or who has • orked ith the

licence applicant in a paid or unpaid capacity.
(2)	A person is not eligible to act as a referee for a licence applicant iFthe person is

(a)	an employee of the licence applicant; or
(b)	married, or related (includin g, by matria^ge), to the licence applicant; or
(c)	a de facto partner of the licence applicant: or
(d)	another licence applicant or an applicant for an approval under the Child Care Services

Regru/wions 2007 Part 3A.

12.           Regulations 13 and 15 deleted

Delete regulations 13 and 15.

2( C.OVER.NMENT GAZETTE. NVA Ei January 2012

13.	Regulation 16 amended Delete regulation 16(2).
14.	Regulation 18 amended Delete regulation 18(1)(d).
15.	Regulation 22 amended In regulation 22(2) delete "a supervising" and insert:

the supervising

16. Regula tion 47 amended
Before regulation 47(1) insert:

(IA)	In this re^tulation
current Assessment notice means an assessment notice
issued under the Working with Children (Cr•iniini/
Record Checking) Act 2004 section 12(1)(a) not more
than 3 years before the material time: prescribed offence means a C lass I offence or a Class 2 offence, as those terms are defined in the
Working with Children (Criminal Record Checking) Act 2004 section 4.

17. Regulation 54 amended
Delete regulation 54(2)(1) and (m) and insert:

(1) details of-any

(i)	specific healthcare needs of the child.
i ncluding any medical condition: and
(ii)
allergies. including v hether the child anaphylaxis;

(m)	details of any plan to be followed with respect to a specific healthcare need. medical condition or allergy referred to in paragraph (1);
(n)	management or treatment of a specific

details of any medication necessary for the referred to in paragraph (1);

(o)	the immunisation status of the child;
(p)	any other relevant infbrmution relating to the child.

( January 2012 GOVERNMENT GAZE'1 PE, WA 27

18.            Regulation 57 rcpI.iced

Delete regulation 57 and insert:

57.           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 subregulations (2) to (5).

Penalty: a fine of $ 3 000.

(2) The record of attendance must include the following

(a)	the time of arrival and the time of'departure of each enrolled child;
(b)	the signature of'the person responsible for verifying the accuracy of the record.

(3) The time of arrival must be entered in the record of attendance immediately after the child arrives at the place.

(4) The time of departure must be entered in the record of

attendance immediately before the child leaves the

place.

(5) The record of attendance must he retained for a period
of 3 years after the day on •hich the record was made.

19.           Regulation 63 amended

After regulation 63(1 )(j) insert:

(ka) the service practice and policy regarding the

treatment of'children experiencing an

anaphylactic react ion:

20. Regulation 80 replaced
Delete regulation 80 and insert:

80.           Protection of enrolled children 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
unless —

(a) the child is in the care of the child's parent or a person authorised by the child's parent; or

(h) in the case o f' 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 supervising officer, having due
regard to the wellbeing of the child.

28 C.OVER.NMENT GAZETTE. NVA E January 2012

(2) A licensee must ensure that the CEO is notified as soon

as practicable if an enrolled child leaves the place in
circumstances other than those referred to in
su bregulation (1 )(a).

Penalty: a fine of $ 3 000.

81A.	Medication
(1)	If the enrolment form kept by a licensee under regulation 54(1) for an enrolled child contains details of medication referred to in regulation 54(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 specifi ink, the name of the medication and the time. quantit y 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.           Regulation 81 amended

Delete rei.ulation 81(1) and (2).

By Command of the Governor,

R. KENNEDY. Clerk of the Executive Council.

CN304* Child Care Services Act 2007

Child Care Services (Outside School Hours

Care) Amendment Regulations 2011

Made by the Governor in Executive Council.

Citation

These regulations are the Child Care Services (Outside School

Hours Care) Amendment Regidations 2011.