Children and Community Services (Family Day Care) Amendment Regulations 2006 (WA)

8 December 2006 GOVERNMENT GAZETTE, WA 5379

CX303*

Children and Community Services Act 2004

[* Reprint 1 as at 21 April 2006.]

Children and Community Services (Family Day

Care) Amendment Regulations 2006

Made by the Governor in Executive Council.

I.            Citation

These regulations are the Children and Community Services
(Family Day Care) Amendment Regulations 2006.

2.           The regulations amended

The amendments in these regulations are to the Children and Community Services (Family Day Care) Regulations 2006*.

5380 GOVERNMENT GAZETTE, WA 8 December 2006

3.            Regulation 3 amended

Regulation 3 is amended in the definition of "first aid qualifications" by inserting after "the following" -

44 or equivalent ".

4.           Regulation 11 amended

(1)	Regulation 11(5) is repealed.
(2)	Regulation 11(6) is amended by deleting "Subregulations (3) and (5), and regulation 14, do" and inserting instead -

Subregulation (3) does ".

5.            Regulation 13 amended

(1)	Regulation 13(1) is amended by deleting ", or the renewal of a licence,".
(2)	Regulation 13(3)(b) is amended by deleting "or renewal of the licence".

(3) Regulation 13(4) is amended by deleting "or renew".

6.            Regulation 14 repealed

Regulation 14 is repealed.

7.            Regulation 15 amended

(1)	Regulation 15(1) is repealed and the following subregulation is inserted instead -
(1) Any person may object to the grant of a licence on the ground that the applicant is not a fit and proper person to provide or be involved in the provision of a child care service.

(2) Regulation 15(3) is amended as follows:

(a)	by deleting "or 14";
(b)	by deleting "grant or renew the licence or give approval. as the case requires." and inserting instead -

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grant the licence. ".

8.           Regulation 20 amended

Regulation 20(4) is repealed and the following subregulations are inserted -

"

(4) Subregulation (1) does not apply to the taking or

recording of a visual image -

(a) by a licensing officer when exercising a power

or performing a duty under the Act; or

8 December 2006 GOVERNMENT GAZETTE, WA 5381

(b) for the purpose of monitoring an enrolled child.

(5) Subregulation (3) does not apply to the use of a visual
image for the purpose of monitoring an enrolled child.

9.            Regulation 23 amended

Regulation 23(1) is amended by deleting "and" after paragraph (a) and inserting instead —

" or ".

10.          Regulation 37 amended

Regulation 37(4) is repealed and the following subregulation is inserted instead —

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(4) A licensee must ensure that a fire or heating apparatus

at the place (other than a low surface temperature
heater) is effectively shielded or guarded when in use

to prevent —

(a)	direct contact by or access to any child; and
(b)	the emission of any sparks or flame.

11.         Regulation 38 amended

Regulation 38(2) is repealed and the following subregulation is inserted instead —

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(2) A licensee must ensure that a ceiling mounted fan at the place that has blades 2 400 mm or less above the floor below it is not operated if —

(a) an enrolled child is present at the place; and

(b)	an enrolled child has access to the area in which
the fan is located.

12.         Regulation 88 amended

Regulation 88 is amended by deleting "may" and inserting

instead —
" must ".

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.