Children (Care and Protection) Act 1987 Centre Based and Mobile Child Care Services Miscellaneous Amendments Regulation 1998 (1998-46) [GG No 16 of 30.1.1998, p 435] (NSW)
1998 No 46
New South Wales
Centre Based and Mobile Child Care Services Miscellaneous Amendments Regulation 1998
under the
Children (Care and Protection) Act 1987
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Children (Care and Protection) Act 1987.
Faye Lo Po´
Minister for Community Services
Explanatory note
The object of this Regulation is to amend the Centre Based and Mobile
Child Care Services Regulation (No 2) 1996 so as: to require members of the primary contact staff of a service to be at
least 18 years of age, and
to make it clear that other members of the staff of a service may be
less than 18 years of age, and
to make it a condition of a licence that alcohol and other drugs are not
consumed, and tobacco is not smoked, on any part of the premises of a
service when the service is being provided to children and that all
practicable steps are taken to ensure that tobacco is not smoked in anypart of the premises that is indoors at any time, and
to enable a licensee of a service to comply with public liability insurance requirements applicable on or after 1 September 1997 so long as the licensee complies with those requirements on the first renewal of an insurance policy in respect of the service on or after that
date, andPublished in Gazette No 16 of 30 January 1998, page 435 Page 1
1998 No 46
Centre Based and Mobile Child Care Services Miscellaneous Amendments Regulation 1998
Explanatory note
| (e) | to require the authorised supervisor of a service to ensure that food and drink is provided to children at the service in accordance with certain recommendations contained in a dietary guide published by the Department of Health. |
This Regulation is made under the Children (Care and Protection) Act 1987, including clause 6 of Schedule 1 to that Act and section 124 (the general
| regulation-making power, in particular section 124 (1) (a)). |
1998 No 46
Centre Based and Mobile Child Care Services Miscellaneous Amendments Regulation 1998 Clause 1 Centre Based and Mobile Child Care Services
Miscellaneous Amendments Regulation 1998
1 Name of Regulation
This Regulation is the Centre Based and Mobile Child Care
Services Miscellaneous Amendments Regulation 1998.
2
Amendment of Centre Based and Mobile Child Care Services Regulation (No 2) 1996
The Centre Based and Mobile Child Care Services Regulation
(No 2) 1996 is amended as set out in Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
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1998 No 46
Centre Based and Mobile Child Care Services Miscellaneous Amendments Regulation 1998
| Schedule 1 | |
| Amendments | |
| Schedule 1 | Amendments |
(Clause 2)
Clause 5 Definitions
Omit “adult” from the definition of staff.
Clause 26 Public liability insurance
Insert after clause 26 (2):
(3)
A licensee of a service is taken to have complied with subclause (1) if the cover provided by a policy of insurance in respect of the service held by the licensee immediately before 1 September 1997 and that is renewed for the first time by the licensee on or after that date is $10,000,000 or more.
Clause 32A Employment of primary contact staff
Insert at the end of the clause:
(2)
A licensee of a service must not employ a person as a member of the primary contact staff of the service unless the person is at least 18 years of age.
Part 7 , heading
Insert after clause 37:
Part 7 Savings, transitional and other provisions Clause 39 Insert after clause 38:
39 Saving relating to certain primary contact staff
(1) In this clause: amending Regulation means the Centre Based and Mobile Child Care Services Miscellaneous Amendments Regulation 1998.
1998 No 46
Centre Based and Mobile Child Care Services Miscellaneous Amendments Regulation 1998
Amendments Schedule 1
(2)
Clause 32A (2) does not prevent a licensee of a service from continuing, after the commencement of the amending Regulation, to employ as a member of the primary contact staff of a service a person who, immediately before that commencement, is so employed and who is under 18 years of age.
Schedule 2 Code of Conduct
Omit clause 2 (3). Insert instead:
(3) The authorised supervisor of a service must ensure that:
(a)
no alcohol or other drugs are consumed on any part of the premises of the service at any time when the service is being provided to children, and
(b)
no tobacco is smoked on any part of the premises of the service at any time when the service is being provided to children and that all practicable steps are taken to ensure that no tobacco is smoked on any part of the premises that is indoors at any other time.
Schedule 2, clause 3 (1), (6)
Omit “Dietary Guidelines” wherever occurring.
Insert instead “Dietary Guide”.
Schedule 2, clause 3 (7)
Omit “recommended intake set out in the Dietary Guidelines”. Insert instead “Recommended Daily Intakes (RDIs) of nutrients set out in Table 1 of the Dietary Guide and that the menu is consistent
with the Dietary Guide”. Schedule 2, clause 3 (8) Omit the definition of Dietary Guidelines. Insert instead: Dietary Guide means the guide prepared by C Burney and L Williams and published by the Department of Health entitled “Caring for Children-Food, Nutrition and Fun Activities” (Third Edition).
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