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

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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

regulations are published in the Gazette;

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

E January 2012 GOVERNMENT GAZE '1 PE, WA 43
(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 Care Services (Rural Fancily
Care) Regulations 2010.
4. Regulation 3 amended

(1) In regulation 3 delete the definition of approi'ed.
(2) In regulation 3 in the definition of placedelete paragraph (h)
and insert:
(b) in relation to a licence application, the place at ^N• hich the licence applicant proposes to operate the rural fhmily care service to which the

application relates;

5. Part 2 Division I heading replaced
Delete the headin it to Part 2 Division 1 and insert:

Division I Licence application

6. Regulation 6 amended

(1) Delete regulation 6(1).
(2) In regulation 6(2) delete "an application for a licence" and
insert:

a licence application
(3) In regulation 6(3):
(a) delete "application lbbi-a licence" and insert:
licence application

(h) delete paragraphs (a). (h) and (c).

(4) After regulation 6(3) insert:
(4A) Each licence application by an individual applicant
must also be accompanied by the 1bllo ing
(a) a criminal record check on the applicant issued
not more than 6 months before the date of the
application;

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C.

OVER.NMENT GAZETTE. NVA

Ei January 2012

(b) a copy of a current first aid qualification held by the applicant:
(c) infbimation about the time spent by the applicant engaged in any one or more of the fields of children's services, education services,
recreational services, child development,
administration and staff mana^genlent.

(5) In i ,eulation 6(4) delete "application for a licence" and insert:
licence application
7. Regulation 7 deleted
Delete regulation 7.
8. Part 2 Division 2 heading replaced
Delete the heading to Part 2 Division 2 and insert:

Division 2 — Renewal application

9. Regulation 9 replaced
Delete regulation 9 and insert:
9. Renewal application — required documents and information

(1) In this reulu tion
relevant period means -

(a) if the renewal application is the first renewal

application in respect of the licence, the period
since the licence was granted;
(h) in any other case. the period since the licence
as last renewed.

(2) This regulation prescribes documents and infbr-mation

that are to accompany a renewal • application for the
pui ,poses of section 22(2)(c).
(3) Each renewal
•
application by an individual must be

accompanied by the fbllo%%ins,

(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 copy of a cu i rent first aid qualification held by the renewal applicant;

6 January 2012 GOVERNMENT GAZE '1 PE, WA 45
(c) a financial assessment in the appi , o ed form.
(4) Each renewal application by a body corporate that is
not a public authority must he accompanied by the
following —

(a) a criminal record check on each managerial
officer issued not more than 6 months before the date of the application or evidence that a criminal record check has been applied for;

(h) in the case of a company — a printout from the
national database kept by the Australian Securities and Investments Commission containing up-to-date information obtained by
the Commission about the company unless that
information has not chani.ted in the relevant

period and the renewal • application is
accompanied by a statement to that effect;

(c) in the case of an incorporated association that has undergone a change of name since the licence was granted tn , last renewed — a copy of the certificate of incorporation of the association unless that certificate has not changed in the relevant period and the renewal application is accompanied by a statement to that effect;
(d) a financial assessment in the approved lUi'm.

10. Part 2 Division 3 deleted
Delete Part 2 Division 3.
11. Regulation 12 amended
Delete regulation 12(2).

12. Regulations 14 and 15 deleted
Delete regulations 14 and 15
13. Regulation 18 amended
Before regulation 18(1) insert:
(IA) In this regulation
prescribed offence means a Class I offence or a
Class 2 offence. as those terms are defined in the
Working it-ith Children (Criminal Record (heckingj
Act 2004 section 4.

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C.OVER.NMENT GAZETTE. NVA

( January 2012

14. Regulation 29 replaced
Delete regulation 29 and insert:
29. Medication

(1) If the enrolment fbi m kept by a licensee under
re^tulation 74(1) for an enrolled child contains details
of medication referred to in regulation 74(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.
Penalty: a fine of $4 000.
(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
specityin the name of the medication and the time,
quantity and manner of administration of the
medication.
Penalty : a fine of $4 000.
(3) Subregulation (2) does not apply to the
self-administration of a nom-prescription asthma
inhaler.

15. Re-uhution 70 amended
After regulation 70(1)(j) insert:

(ka) the service practice and policy regarding the

treatment of children experiencing an
anaphylactic reaction;
16. Regulation 74 amended
Delete regulation 74(2)(1) and (ni) and insert:
(1) details of any —
(i) specific healthcare needs of the child. including any medical condition: and

(ii)
allergies. including whether• the child 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);

( January 2012 GOVERNMENT GAZE '1 PE, WA 47

(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 infbimation relating to the child.

17. Regulation 84 replaced
Delete regulation 84 and insert:
84. Enrolled children lcaving place

(1) A licensee must ensure that an enrolled child does not
leave the place cloning 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

(b)

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.
Penalty: a fine of $6 000.

(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
suhre^gulation (1)(a).
Penalty: a fine of $ 3 000.

18. Regulation 86 .mended
Delete regulation 86(1)(a) and insert:
(a) a material change in any information included in, or accompanying, the licence application or any renevNal application, as the case requires;

B\ Command of the Governor,

R. KENNEDY. Clerk of the Executive Council.

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

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(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.

(1)	In regulation 3 delete the definition of approi'ed.
(2)	In regulation 3 in the definition of placedelete paragraph (h) and insert:

(b)	a copy of a current first aid qualification held by the applicant:
(c)	infbimation about the time spent by the applicant engaged in any one or more of the fields of children's services, education services,

(5)	In i ,eulation 6(4) delete "application for a licence" and insert:
licence application

(a)	if the renewal application is the first renewal
application in respect of the licence, the period
since the licence was granted;

(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 copy of a cu i rent first aid qualification held by the renewal applicant;

(c)	in the case of an incorporated association that has undergone a change of name since the licence was granted tn , last renewed — a copy of the certificate of incorporation of the association unless that certificate has not changed in the relevant period and the renewal application is accompanied by a statement to that effect;
(d)	a financial assessment in the approved lUi'm.

(1)	If the enrolment fbi m kept by a licensee under re^tulation 74(1) for an enrolled child contains details
of medication referred to in regulation 74(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. Penalty: a fine of $4 000.
(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 specityin the name of the medication and the time, quantity and manner of administration of the medication. Penalty : a fine of $4 000.
(3)	Subregulation (2) does not apply to the self-administration of a nom-prescription asthma inhaler.

(o)	the immunisation status of the child:
(p)	any other relevant infbimation relating to the child.

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