Child Care Services (Outside School Hours Family Day Care) Amendment Regulations 2011 (WA)

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

regulations are published in the Gazette;

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

E January 2012 GOVERNMENT GAZE'1 PE, WA 37

(b) the rest of the re .tulations — on the day on hich the

Child Care Services Amendment Act 2011 Part 2 conies

into operation.

3.             Regulations amended

These regulations amend the Child (7are Services (Outside

School Hours Fwnily Day Care) Regulations 2006.

4.             Regulation 3 amended

(1)	In regulation 3 delete the definitions of : current assessment notice first aid qualifications
proposed s!f/1e!•Yi s in officer
(2)	In regulation 3 insert in alphabetical order:

. first aid grrrrlrfrcrrtrrlri means a certificate or other
document evidencing the successful completion ofan

approved first aid training course;

(3) In regulation 3 in the definition of place delete paragraph (h)
and insert:

(b) in relation to a licence application, the place at which• the licence applicant proposes to operate the outside school hours family day care service to hich the application relates;

5. Regulation 7 amended
In regulation 7:

(a)	delete "first aid qualifications are" and insert:
a first aid qualification is
(b)	delete "applicant for a licence." and insert:
applicant.

38 C.OVER.NMENT GAZETTE. WA ( 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 10 replaced
Delete re^gulat1on 10 and insert:

10.           Documcnts and information to accompany licence

application

For the purposes of section 11(b) 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 7:

(c) the length oFtime that the applicant has been

a statement by the licence applicant indicating recreational services or in child development:

(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,

dra • n 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;
(g)	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 I A.	Documents and information to accompany renewal
app lication
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 39

(c) a copy of the renewal applicant's qualification prescribed in regulation 7.

8.             Regulation 11 amended

In regulation 11(3) delete `' 10(1)(f), (g) and (h)." and insert:

10(e), (f) and (g).

9.              Regulation 12 deleted

Delete regulation 12.

10.           fart 2 Division 3 heading amended

In the heading to Part 2 Division 3 after "to" insert:

licence

11.           Regulation 13 replaced

Delete re,ulation 13 and insert:

13.            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 ' ho has had experience in chi I di,en's. educational. recreational tn , human services; and
(b)	a referee who is a previous employer of the

licence applicant or who has worked 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 if the person is

(a) an employee of the licence applicant; or

(h) 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 Regu7 uions 2007 Part 3A.

12.           Regulations 14 and 16 deleted

Delete regulations 14 and 1 6.

40 C.OVER.NMENT GAZE FE. NVA G January 2012

13.           Regulation 17 amended

Delete re,ulation 17(2).

14.           Regulation 19 amended

Delete re,ulation 19(1)(d).

15.           Regulation 23 amended

In regulation 23(2) delete "a supervising" and insert:

the supervisin t

16.           Regulation 31 amended

Before re(,elation 31(1) insert:

(IA) In this re^,ulation

current assessment notice means an assessment notice

issued under the Working with Children (Cr•iniini/

Record Checking) Act 200 .1 section 12(1)(a) not more

than 3 years before the material time:
prescribed a ffeince 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 38 amended
Delete regulation 38(2)(k) and (1) and insert:

(k) details of-any

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

(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 infbrmution relating to the child.

E January 2012 GOVERNMENT GAZE'1 PE, WA 41

18.           Regulation 41 rcpIiced

Delete regulation 41 and insert:

41.            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 $> 000.

(2) The record of'attendance must include the followin(T

(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 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 he retained for a period
of 3 years after the clay on hich the record was made.

19.           Regulation 65 amended

(1)	In regulation 65(1) delete "is not permitted to" and insert:
does not

(2) In regulation 65(2) delete "the circumstances referred to in
suhr-egulation (1 )(a)(ii)." and insert:

circumstances other than those referred to in
suhregulation (1)(a)(i) or (h).

20.            Regulation 66A inserted

After regulation 65 insert:

66A.	Medication
(1)	If the enrolment form kept by a licensee under regulation 38(1) for an enrolled child contains details of medication referred to in re.tulation 38(2)(m), the licensee must ensure that a parent of the child is asked

42 C.OVER.NMENT GAZETTE. NVA Ei January 2012

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 neither administered to an enrolled child nor self-administered b y 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)	A licensee must ensure that medication is not self-administered b y an enrolled child without the direct supervision of the licensee or a supervising officer.
(4)	Suhregulation (3) does not apply to the self-administration of a non-prescription asthma inhaler. Penalty: a fine of $4 000.

21.            Regulation 66 amended

Delete regulation 66(1). (2) and (3).

By Command of the Governor.

R. KENNEDY. Clerk of the Executive Council.

CN306*

Child Care Services Act 2007

Child Care Services (Rural Family Care)

Amendment Regulations 2011

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Child Care Services (Rural Family

Care) Ani ndineni Regulations 2011.

2.             Commencement

These regulations come into operation as follows

(a) regulations I and 2 on the day on which these

regulations are published in the Gazette;