Child Care Services (Outside School Hours Care) Amendment Regulations 2011 (WA)
| 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.
Hours Care) Amendment Regidations 2011.
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
E January 2012 GOVERNMENT GAZE'1 PE, WA 29 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 (Outside
School Hours Care) Regulations 2006.
4. ReguIadon 3 amended
(1) In regulation 3 delete the definitions of: current assessment notice
first aid qualificationsproposed S rper► 'isin, officer (2) In regulation 3 insert in alphabetical order: first raid qualifrcatioii 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:(h) in relation to a licence application, the place at
which the licence applicant proposes to operate
the outside school hours service to •hich theapplication relates;
5. Regulation S amended
(1) In regulation 8(1) delete "applicant fbi a licence " and insert: applicant — (2) Delete regulation 8(2).
| 30 | C.OVER.NMENT GAZE r FE. NVA | G 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. Regulations 11, 12 and 13 replaced
Delete re^tulaticros 11. 12 and 13 and insert:
11. Documents and information to accompany licence
application
(1) For the purposes of section 11(h) the following
documents and information 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 licence application; and
(ii) a copy of each qualification prescribed in regulation 8(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 buildin g, on the land comprising the place where the service
is to be provided;(g)
a plan of the building or buildings at the place, drawn to a scale of not less than 1:100. shoeing
( January 2012 GOVERNMENT GAZE'1 PE, WA 31 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) Subr-egulation (1)(h) does not apply to a place that is
owned by a public authority.12. Documents and information to accompany renewal application
(1) In this regulation rele ► 'ant period means
(a)
if the renewal application is the first renewal application in respect of the licence, the period since the licence was granted:
(b)
in any other case. the period since the licence was last renewed.
(2) For the purposes of section 22(2)(c) the following,
documents and information are prescribed
(a) in the case of a renewal application by an
individual
(i) applicant issued not more than 6 months
beibr-e the date or the application ofa criminal record check on the renewal has been applied for; and
(ii) in regulation 8(1) that is held by the
a copy of each qualification prescribed qualifications held by the renewal
applicant have not changed in the relevant period and the application is
accompanied by a statement to that
effect;(b) in the case of a renewal application by a both
corporate that is not a public uuthor-ity. a
criminal record check on each managerial
officer of the rene•al applicant issued not more
than 6 months hefor-e the date oFthe application
or evidence that a criminal record check hasbeen applied fr;
(c) a financial assessment in the approved form; (d) if' the renewal
•
applicant is a company.. a
plinttnit from the national database kept by the
Aust ralian Securities and Investments
Commission containing up-to-date info i mntion
| 32 | C. | OVER.NMENT GAZETTE. NVA | E January 2012 |
| obtained by the Commission about the | |||
| company unless that inf i mation has not |
changed in the relevant period and the renewal • application is accompanied by a statement to that effect; (e) if the renewal applicant is an incorporated association, a copy of the certificate of
i ncorporation of the association unless that
certilicate has not chanted in the relevant
period and the renewal application is
accompanied by a statement to that effect.
8. Part 2 Division 3 heading amended
In the headint to Part 2 Division 3 after "to" insert:
licence
9. Regulation 14 replaced
Delete re i. ulation 14 and insert:14. Referees
(1) If a licence application nominates referees for the
licence applicant, those referees must include —
(a) ^%ho has had experience in children's.
a referee who knows the licence applicant and and
(b)
a referee who is a previous employer of the licence applicant or who has orked with 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 (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 approval under the Chilcl Care Services Regru/crtions 2007 Part 3A.
10. Regulations 1-5 and 17 deleted
Delete regulations 15 and 17.
E January 2012 GOVERNMENT GAZE'1 PE, WA 33 11. Regulation 18 amended
Delete regulation 18(2).
12. Regulation 20 amended
(1) Delete regulation 20(1)(O. (2) In regulation 20(3):
(a) in paragraph (a) delete "CEO;" and insert:
CEO; and
(h) in paragraph (b) delete "officer; and and insert:
oHicer-
(c) delete para«rnph (c).
13. Regulations 27 and 28 deleted
Delete regulations 27 and 28.14. Regulation 39 amended
Before regulation 39(1) insert:
(IA) In this re^tulatitm current assessment notice means an assessment notice issued under the Working tit-ith Children (Criminal Record Checking) Act 200-I section 12(1)(a) not more than 3 years before the material time; prescribed offence means a Class I offence or a Class 2 offence. as those terms are defined in the Working with Children (Criminal Record (hecking) Act 2004 section 4.
15. Regulation 47 amended
Delete regulation 47(2)(k) and [ I) and insert:
(k) details of arty (i) specific healthcare needs of the child. including any medical condition; and
(ii) allergies. including whether the child anaphylaxis;
(1) details of any plan to be followed with respect
to a specific healthcare need, medical condition
or allergy referred to in paragraph (k);
| 3 .1 | C. | OVER.NMENT GAZETTE. NVA | (i January 2012 |
(m) management or treatment of a specific
details of any medication necessary for the referred to in paragraph (k);
(n) the immunisation status of the child; (o) any other relevant information relating to the child. 16. Regulation 5[I replaced
Delete regulation 50 and insert:
5(J. 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 fbllow•in,
(a) the time of arrival and the time of departure of each eni , olled child: (b) the signature of the person responsible for verif yin 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 departure must be entered in the record of
attendance immediately before the child leaves the
place.
(5) The record of attendance must be retained foi , a period
of 3 years after the day on which the record was made. 17. Regulation 63 amended
(1) In i ,egulation 63(1):
(a) in paragraph (c) delete "current first aid qualifications;
and and insert:
a cui , rent first aid qualification; and
(b) after each cif' paragraphs (a) and (h) insert:
and
(i January 2012 GOVERNMENT GAZE'1 PE, WA 35 (2) In regulation 63(2):
(a) in paragraph (c) delete "cun-ent first aid qualifications; and" and insert: a current first aid qualification: and
(b) after each of paragraphs (a) and (b) insert: a ncl
18. Regulation 64 amended
In regulation 64(1):
(a) in paiagiaph (b) delete "cun-ent first aid qualifications: and" and insert: a cun-ent first aid qualification: and
(b) after par aĝraph (a) insert: and
19. Regulation 81 amended
(1) In regulation 81(1) delete "is not permitted to" and insert: does not (2) In regulation 8 1(2) delete "the cii ,cumstances referred to in
subr-egulation (1)(a)(ii)." and insert:
circumstances other than those referred to in suhi ,eulation (1)(a)(i) or (b). 20. Rel;uhution 82A inserted After regulation 81 insert:
82A. Medication
(1) If the enrolment fbi m kept by a licensee under
reulation 47(1) fbr an enrolled child contains details
of medication referred to in regulation 47(2)(m), the licensee must ensure that a parent cif - the child is asked to provide the medication so that it is available for
administration to the child.
| 36 | C.OVER.NMENT GAZETTE. NVA | Ei January 2012 |
(2) A licensee must ensure that, except in an emergency.
medication is neither administered to an enrolled child
nor self-administered b y an enrolled child without the
written authority ofa parent of the child specifying the
name of the medication and the time. quantity and
manner of administration of the medication.(3) A licensee must ensure that medication is not
self-administered b y an enrolled child without the
direct supervision of a contact staff member.(4) Subr-egulation (3) does not apply to the
self-administration of a nom-presci , iption astluna
inhaler-.
Penalty : a fine of $4 000.21. Re-uhution 82 amended
Delete regulation 82(1), (2) and (3).
By Command of the Governor,
R. KENNEDY. C lei ,k or the Executive Council.
CN305*
Child Care Services Act 2007
Child Care Services (Outside School Hours
Family Day Care) Amendment Regulations 2011 Made by the Governoi , in Executive Council.
1. Citation
These regulations are the Child Care Services (Ou.rlside School
Hours Family Day Care) Amendment Regidations 2011.2. Commencement
These regulations come into operation as follows
(a) regulations I and 2 on the day on hich these regulations are published in the Gazette;
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