Children (Education and Care Services) Supplementary Provisions Regulation 2004 (NSW)
This Regulation is the Children (Education and Care Services) Supplementary Provisions Regulation 2004.
This Regulation commences on 30 September 2004.
(Repealed)
In this Regulation, words and expressions that are defined in the dictionary at the end of this Regulation have the meanings set out in the dictionary.
Notes included in this Regulation do not form part of this Regulation.
For the purposes of this Regulation, all offences are
(a) an offence (other than an offence referred to in subclause (2)) under the road transport legislation,
(b) an offence that relates to the parking of a motor vehicle.
The following offences under the road transport legislation are also notifiable offences for the purposes of this Regulation:
(a) an offence under section 9 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to presence of prescribed concentration of alcohol in person’s breath or blood),
(b) an offence under section 12 (1) of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to driving while under the influence of alcohol or any other drug),
(c) an offence under section 42 (1) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle negligently if the person found guilty is, by way of penalty, sentenced to imprisonment or fined a sum of not less than $200,
(d) an offence under section 42 (2) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle upon a road or road-related area furiously or recklessly or at a speed or in a manner which is dangerous to the public,
(e) an offence under section 43 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to menacing driving),
(f) an offence under section 70 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to failing to stop after an accident),
(g) an offence under section 171 (2) of the Road Transport (General) Act 2005 (which relates to refusing to produce a driver licence when required, refusing to state a name or home address, or stating a false name or home address),
(h) an offence under section 25A (1), (2) or (3) of the Road Transport (Driver Licensing) Act 1998 (which relates to driving while unlicensed),
(i) any other offence under the road transport legislation if the court orders the disqualification of the person found guilty from holding a driver licence.
In this clause,
(a) that Act,
(b) the Road Transport (Driver Licensing) Act 1998,
(c) the Road Transport (Safety and Traffic Management) Act 1999,
(d) the Road Transport (Vehicle Registration) Act 1997,
(e) the Motor Vehicles Taxation Act 1988,
(f) any other Act or regulation (or any provision of such an Act or regulation) prescribed by the regulations under the Road Transport (General) Act 2005,
(g) any statutory rule made under any Act referred to in paragraphs (a)–(e) above.
For the purposes of this Regulation, a person has the
(a) is sympathetic to the welfare of children, and
(b) has adequate knowledge and understanding of children and families so as to be capable of meeting their needs, and
(c) is able adequately to care for and supervise children, and
(d) is of suitable maturity, health and personality to care for children.
Part 2.1 of the National Law Regulations applies, with the prescribed modifications, to a provider approval under the Act in the same way as it applies to a provider approval under the National Law.
An application for a provider approval authorising the provision of a home based education and care service must be accompanied by:
(a) information to demonstrate that the applicant:
(i) has the required abilities to care for children, and
(ii) has experience in caring for children, and
(iii) has demonstrated a capacity to exercise overall supervision of the provision of an education and care service, and
(iv) has an understanding of nutrition, safe food handling, health, hygiene and safety in caring for children, and
Note— The required abilities to care for children are specified in clause 6.
(b) a copy of the applicant’s current approved first aid qualification.
The information required to be provided under this clause is additional to the other information required to be provided under this Division.
For the purposes of section 19 (1) of the National Law Alignment Provisions, the conditions of a provider approval are the provisions of Parts 3, 4, 5, 6 and 7 of this Regulation that are relevant to the type or types of education and care services that are provided by the approved provider.
Section 12 of the Act makes it an offence to contravene a condition of a provider approval.
Part 2.2 of the National Law Regulations applies, with the prescribed modifications, to a service approval under the Act in the same way as it applies to a service approval under the National Law, subject to subclause (2).
Regulations 26, 29, 30, 31 and 37, and Divisions 5 and 6 of Part 2.2, of the National Law Regulations do not apply in respect of service approvals under the Act.
An application for a service approval authorising the operation of a mobile education and care service must be accompanied by the following information and documents:
(a) the addresses of the premises where the service will be provided,
(b) if an occupation certificate is required under the Environmental Planning and Assessment Act 1979 for the proposed use of the premises for a mobile education and care service, a copy of the certificate.
The information required to be provided under this clause is additional to the other information required to be provided under this Division.
An application for a service approval authorising the operation of a mobile education and care service must be accompanied by:
(a) a statement as to whether any of the premises at which the service is proposed to be provided do not comply with the Part 3 facilities and equipment requirements applicable to a mobile education and care service, and
(b) if so, a plan describing how the applicant intends to ensure the safety and well-being of children at those premises.
The information required to be provided under subclause (1) is additional to the other information required to be provided under this Division.
The Regulatory Authority:
(a) may approve a plan submitted under subclause (1) (b), or
(b) may require the applicant to revise the plan as to any matter or in any respect specified by the Regulatory Authority.
A revised plan may be resubmitted to the Regulatory Authority for the approval of the Regulatory Authority.
The Regulatory Authority must refuse to grant a service approval authorising the operation of a mobile education and care service if:
(a) a plan is required to be submitted under this clause, and
(b) the plan has not been submitted or not been approved by the Regulatory Authority.
A plan approved by the Regulatory Authority under this clause is a
An approved provider of a mobile education and care service who intends to change a venue management plan must apply to the Regulatory Authority:
(a) for approval of the revised venue management plan, and
(b) for an amendment to the service approval for the service, to reflect the revised venue management plan.
An application for an amendment to a service approval that is made as required by this clause must include, in addition to the information required in relation to an amendment under the National Law Regulations, a copy of the revised venue management plan.
For the purposes of section 44 (1) (e) of the National Law Alignment Provisions, the fee for an application for a service approval is the fee specified in Schedule 1B in relation to the application concerned.
For the purposes of section 52 (i) of the National Law Alignment Provisions, the matters to be stated in a copy of a service approval are (in addition to the matters provided for by section 52):
(a) the type of education and care service for which the service approval has been granted, and
(b) the date on which the annual fee is due.
For the purposes of section 53 of the National Law Alignment Provisions, the annual fee in respect of each service approval held by an approved provider is the fee specified in Schedule 1B in relation to the education and care service concerned.
An application for a service approval must be accompanied by the relevant annual fee (which is first payable when the application is made).
An annual fee is next payable on the first anniversary of the date the service approval is granted and on every anniversary of that date after that.
The Regulatory Authority may refund an annual fee that is required to accompany an application for a service approval if:
(a) the Regulatory Authority refuses to grant the approval, or
(b) the applicant withdraws the application before the Regulatory Authority grants the approval.
The Regulatory Authority may waive or refund the whole, or any part, of the annual fee for an approval if the Regulatory Authority is satisfied that there are exceptional circumstances that justify waiving the whole or part of the annual fee.
For the purposes of section 51 (5) of the National Law Alignment Provisions, the conditions of a service approval are the provisions of Parts 3, 4, 5, 6 and 7 of this Regulation that are relevant to the type of education and care service authorised by the approval.
It is also a condition of a service approval that the approved provider of the approved education and care service must develop, maintain and implement procedures to ensure that the nominated supervisor and all other members of staff of the education and care service comply with the provisions of this Regulation that apply to them.
It is also a condition of a service approval that the approved provider of the approved education and care service must have the right to occupy the premises at which the service is provided under the approval.
It is also a condition of a service approval for a home based education and care service that the home based service provider provide that education and care service only at the home of the home based service provider.
Section 14 of the Act makes it an offence to contravene a condition of a service approval.
Part 2.3 of the National Law Regulations applies, with the prescribed modifications, to supervisor certificates under the Act in the same way as it applies to supervisor certificates under the National Law, subject to subclause (2).
Regulations 47 and 54 of the National Law Regulation do not apply in respect of supervisor certificates under the Act.
For the purposes of sections 108 (1) (b) and 112 (c) of the National Law Alignment Provisions, the following are the minimum requirements for qualifications and experience:
(a) the required abilities to care for children and the capacity to exercise overall supervision of the provision of an education and care service,
Note— The required abilities to care for children are specified in clause 6.
(b) successful completion of an approved course in child protection (being a course that covers all applicable requirements under the child protection legislation),
(c) one or more of the following qualifications:
(i) an approved degree or diploma in early childhood education from a university following a course with a duration (on a full-time basis) of not less than 3 years,
(ii) a Diploma of Children’s Services (Early Childhood Education and Care), a Child Care Certificate, a Certificate of Child Care Studies or an Associate Diploma of Social Science (Child Studies) from a registered training organisation,
(iii) another approved qualification,
(d) 12 months’ full-time experience or its equivalent in part-time experience in providing a relevant education and care service (gained after obtaining the qualification referred to in paragraph (c)).
An application for a supervisor certificate must be accompanied by:
(a) duly certified copies of the person’s qualification referred to in subclause (1) (c) and of any other of the person’s qualifications in the area of education and care services or any related area (such as a diploma, certificate of competency or statement of attainment from a registered training organisation), and
(b) work references from 2 independent referees (being individuals who are not relatives of the person) describing the person’s performance during the training or work experience referred to in subclause (1) (d).
The information required to be provided under this clause is additional to the other information required to be provided under this Division.
For the purposes of section 115 (1) of the National Law Alignment Provisions, the conditions of a supervisor certificate are the provisions of Parts 3, 4, 5, 6 and 7 of this Regulation that are relevant to the supervisor as a nominated supervisor.
See clauses 47, 52, 54, 60, 63–72, 75, 77A–83, 92, 94–96 and 114.
Section 16 of the Act makes it an offence to contravene a condition of a supervisor certificate.
Regulation 189 of the National Law Regulations applies, with the prescribed modifications, for the purposes of section 186 (3) (b) of the National Law Alignment Provisions.
Regulation 189 of the National Law Regulations sets out the information to be included in an application to the Regulatory Authority to cancel a prohibition notice.
An identity card issued to an authorised officer under the National Law is taken to be in the prescribed form, for the purposes of section 196 of the National Law Alignment Provisions, if:
(a) it complies with Regulation 187 of the National Law Regulations, and
(b) it also states that the officer is authorised to exercise functions as an authorised officer under the Children (Education and Care Services) Supplementary Provisions Act 2011.
Regulation 230 of the National Law Regulations applies, with the prescribed modifications, for the purposes of section 267 (2) (f) of the National Law Alignment Provisions.
The reference in Regulation 230 of the National Law Regulations to centre based services is to be read as a reference to a centre based education and care service or mobile education and care service.
Regulation 230 of the National Law Regulations sets out additional information required to be included in the register of approved education and care services.
Regulations 226 and 227 of the National Law Regulations apply, with the prescribed modifications, for the purposes of section 270 of the National Law Alignment Provisions.
Regulations 226 and 227 of the National Law Regulations deal with the publication of information by the Regulatory Authority about approved providers, approved education and care services and certified supervisors.
The provisions of this Division are the prescribed modifications to the National Law Regulations.
For the purposes of this Regulation, a reference in the National Law Regulations to a provision of the National Law is to be read as a reference to the corresponding provision of the National Law Alignment Provisions.
For the purposes of this Regulation:
(a) a reference in the National Law Regulations to a provider approval, service approval or supervisor certificate is to be read as a reference to a provider approval, service approval or supervisor certificate (as the case requires) under the Act (instead of the National Law), and
(b) a reference in the National Law Regulations to an approved provider or a certified supervisor is to be read as a reference to an approved provider or a certified supervisor (as the case requires) under the Act (instead of the National Law).
For the purposes of this Regulation, sections 22, 24 and 26 of the Act apply in relation to the National Law Regulation in the same way they apply in relation to the National Law.
For the purposes of this Regulation, fees prescribed by the National Law Regulations are to be disregarded.
The fees applicable in relation to State regulated education and care services are the fees (if any) provided for by this Regulation.
The Regulatory Authority may waive or postpone a requirement to provide specified information or documents under this Part, or may approve the provision of specified information or documents in place of information or documents the subject of such a requirement.
The Regulatory Authority may dispense with the requirement to obtain a service approval in respect of an associated children’s service (within the meaning of the National Law) that is authorised by a service approval under the National Law.
The premises of a centre based education and care service must have:
(a) a room or an area that is used only for administration of the service and for private consultation between staff and parents, and
(b) a room or an area, located away from the areas used by children, that is used for respite of staff, and
(c) a room or an area that is used only for sleeping for children under 2 years of age.
The premises of a centre based education and care service must have at least 3.25 square metres of unencumbered indoor play space per child that is exclusively for the use of children provided with education and care while in attendance at the service.
For the purposes of calculating unencumbered indoor play space, items such as any passage way or thoroughfare, door swing areas, kitchen, cot rooms, toilet or shower areas located in the building or any other facility such as cupboards and areas set aside as referred to in subclause (1) are to be excluded.
Subject to subclauses (7) and (8), the premises of a centre based education and care service must have at least 7 square metres of useable outdoor play space per child that is exclusively for the use of children provided with education and care while in attendance at the service.
For the purposes of calculating useable outdoor play space, items such as car parking areas, storage sheds and other fixed items that prevent children from using the space or that obstruct the view of staff supervising children in the space are to be excluded.
The outdoor play space must be adequately shaded, having regard to The Shade Handbook, published by the New South Wales Cancer Council in 2008.
If the Regulatory Authority is satisfied that the location of a centre based education and care service makes it impracticable to provide the required amount of useable outdoor play space, the Regulatory Authority may consent to the provision of some or all of that space in an indoor area that is to be designed and equipped to permit children to participate in activities that promote gross motor skills.
The Regulatory Authority may impose conditions on such a consent relating to any matter the Regulatory Authority sees fit, including the availability of natural light and ventilation.
An education and care service must have laundry arrangements, whether on the premises of the education and care service or through another facility, service or arrangement.
The premises of an education and care service must have safe, sanitary facilities for the storage of soiled clothes, linen and nappies before laundering or disposal.
A centre based education and care service that provides children under 3 years of age with the service must have laundry facilities available on the premises of the service, being facilities that include at least a laundry tub connected to both hot and cold water.
The premises of a centre based or mobile education and care service must have separate facilities (including a sink, bench top and lockable cupboard) for use in craft activities.
The area must not be next to any food preparation facilities or nappy change area at the premises.
The premises of an education and care service must have a designated area, that is both safe and hygienic, for food preparation and storage.
Facilities in the designated area must include a stove or microwave, sink, refrigerator, suitable disposal facilities and hot water supply.
Facilities for the preparation and storage of food must be designed, located and maintained so as to prevent children from gaining access to any harmful substance, equipment or amenity.
Without limiting subclause (3), if the premises of a centre based or mobile education and care service contains a separate kitchen, the kitchen must have a door, half-gate or other barrier to prevent unsupervised entry by children into the kitchen.
In addition to a food preparation area, a centre based education and care service must also have a designated area, that is both safe and hygienic, for the preparation of bottles for children under the age of 2 years.
Any area in which bottles are prepared for children under the age of 2 years, whether in a centre based education and care service or any other education and care service, must be separate from any area in which nappy-changing facilities are provided.
Despite subclause (1), a mobile education and care service may provide food preparation and storage facilities through another facility, service or regular arrangement if food preparation and storage facilities are not available on the premises used by the mobile education and care service.
The premises of an education and care service must have toilet, hand washing and bathing facilities that are safe and appropriate to the ages of the children at the service and must have products and equipment for cleaning those facilities whenever necessary.
(Repealed)
The following facilities must be provided at the premises of an education and care service if any child provided with the service wears nappies:
(a) a stable surface for changing nappies, together with a mat that has an impervious washable surface, for every 10 children (or part thereof),
(b) hand washing facilities for adults in the immediate vicinity of the nappy changing area,
(c) sanitary facilities for the storage of soiled nappies pending laundering or disposal of the nappies,
(d) if the children’s soiled clothing is laundered by the staff of the education and care service, adequate facilities for laundering the clothing or otherwise dealing hygienically with waste,
(e) facilities for the storage of clean nappies.
If any such child is under the age of 3 years, the stable surface referred to in subclause (1) (a) is to be a properly constructed nappy changing bench.
Any nappy changing bench or mat must be cleaned after each use.
The nappy changing facilities must be designed, located and maintained so as to prevent unsupervised access by children.
The nappy changing facilities must be separated from food preparation facilities and craft preparation facilities.
In addition to the facilities referred to in subclause (1), the premises of a centre based education and care service must be equipped with the following:
(a) an age appropriate washing facility with temperature regulated hot and cold running water in, or adjacent to, the nappy change area,
(b) a sluice or contaminated waste disposal unit in the nappy change area.
Nothing in subclause (6) prevents the premises of a centre based education and care service from being equipped with an additional movable nappy changing bench. However, if such a bench is provided it must provide a stable surface on which to place a child when changing nappies.
The premises of an education and care service must have an adequate number of cots, beds, stretchers or sleeping mats (together with waterproof covers) or other culturally appropriate forms of bedding for all children who sleep while at the premises.
For the purposes of subclause (1), the ages of children at the service, the program of activities of the service and hours of operation of the service are to be taken into account when determining adequate sleeping facilities.
Provision must be made at the premises of an education and care service to ensure that:
(a) mattresses and other bedding are clean and comfortable, and
(b) bed clothing is appropriate to the climate, and
(c) all bed clothing is kept clean and in good repair, and
(d) there is individual bed linen and blankets for each child, and
(e) children do not share the same bed at the same time, and
(f) bed linen used by one child is washed before it is used by another child, and
(g) no child who is of or above 7 years of age sleeps in the same room as another child of the opposite sex who is not a relative, and
(h) no child who is of or above the age of 2 years, and (except with the written consent of a parent of the child) no child who is under the age of 2 years, sleeps in a room in which an adult is sleeping.
Cots, beds, stretchers, mattresses and other bedding at the premises of an education and care service must be arranged so as:
(a) to be in an area that has natural light, and
(b) to allow easy exit of any child, and
(c) to allow easy access to any child, and
(d) to reduce the risk of cross infection between children.
A sleeping area for children must be designed to ensure that all children in the area are readily accessible to staff of the service or the home based service provider.
Cots must comply with the requirements of either the Australian/New Zealand Standard AS/NZS 2172:2010, Cots for household use—Safety requirements or the Australian/New Zealand Standard AS/NZS 2195:2010, Folding cots—Safety requirements.
The premises of an education and care service must have storage facilities (whether fixed or movable) that are secure and inaccessible to children.
The premises of a centre based or mobile education and care service must have:
(a) storage facilities for indoor and outdoor equipment, and
(b) storage facilities that give each child provided with the service at the premises access to a space for storage of the child’s personal belongings.
Equipment used for providing a mobile education and care service may be stored at any premises at which the service is provided, at the offices of the service or in any vehicle used to transport equipment used for providing the service.
There must not be a swimming pool (within the meaning of the Swimming Pools Act 1992) on the premises of any centre based or mobile education and care service unless the pool existed on the premises before 6 November 1996.
Any swimming pool on the premises of a centre based or mobile education and care service on or before the commencement of this clause must be fenced. The fencing must be in accordance with the Swimming Pools Act 1992 (whether or not that Act applies to the swimming pool concerned).
Any swimming pool at the premises of a home based service provider must be fenced to the standard to which a new swimming pool would be required to be fenced under the Swimming Pools Act 1992.
The approved provider of a mobile education and care service for which there is a venue management plan must ensure that the premises of the service comply with the plan for those premises.
The premises of an education and care service must be equipped with an operating telephone or two-way radio capable of communication with, at least, the nearest police station, ambulance station, fire service, and medical emergency facility and that is readily accessible to staff of the service.
The telephone may include a mobile telephone, but only if the telephone has a reception adequate for communication as referred to in subclause (1) and is maintained in a state of operation such that it may be used immediately at any time.
Play equipment (whether fixed or not) used on the premises of an education and care service must not constitute a hazard to children at the service because of:
(a) the height from which a child can fall, or
(b) the likelihood that a child can be trapped, pinched or crushed in the equipment or struck by it, or
(c) sharp or rough edges and projections or rust, or
(d) lack of stability.
Play equipment used on the premises must be safe and in good repair.
All broken equipment and broken toys must immediately be removed from play areas.
The premises of an education and care service must have independent access for children to books and equipment that are suitable to the children’s development and needs and that are representative of a diverse range of cultures.
The premises of a centre based or mobile education and care service must be equipped with a balance of indoor and outdoor equipment to meet the developmental and other needs of children that is readily available for use by the children and staff of the service.
In determining the balance of types of equipment and the sufficiency of equipment for the purposes of subclause (5), the age, number and interests of the children provided with the service must be taken into account.
The surfacing used underneath or around play equipment on the premises of a centre based education and care service must comply with the requirements of Australian and New Zealand Standard AS/NZS 4422:1996Playground surfacing—Specifications, requirements and test method as in force on the commencement of this Regulation.
The home of a home based service provider must be equipped with equipment that:
(a) is adequate and sufficient to meet the individual interests and capabilities of each child provided with the service, and
(b) is readily available for use by children and the home based service provider.
In determining the adequacy and sufficiency of equipment for the purposes of subclause (8), the age, number and interests of children provided with the service must be taken into account.
There must be a suitably equipped and well stocked first aid kit at each premises of an education and care service.
The first aid kit must be inaccessible to children, but readily accessible to staff or a home based service provider.
Adult and child cardio-pulmonary resuscitation charts must be displayed in a prominent position both inside and outside the premises of a centre based or mobile education and care service, or the part of the home of a home based service provider used to provide the service.
The premises of an education and care service must be provided with:
(a) appropriately located smoke detectors, and
(b) a fire blanket that is kept adjacent to the cooking facilities at the premises, and
(c) appropriately located fire extinguishers.
All fire protection equipment with which the premises of a centre based or mobile education and care service, or the home of a home based service provider, is equipped must:
(a) be tested in accordance with the Australian Standard entitled AS 1851—2005, Maintenance of fire protection systems and equipment, and
(b) be kept in proper working condition.
The approved provider of an education and care service must ensure that a record is kept of any test of fire protection equipment carried out on the premises, including the date of the test and the name of the person who carried out the test. Any such record must be retained for a period of 2 years after the record is made.
(Repealed)
The premises of an education and care service must have access to natural light and must be properly ventilated, lit and heated when children are being provided with the service.
All heating and cooling units on the premises of an education and care service must be adequately secured and guarded to prevent injury to children through contact with hot surfaces or moving parts or the emission of any sparks or flames.
The controls of all equipment on the premises that may be hazardous to children must be guarded to prevent access by children.
Fans on the premises or the home must be placed in a position that is inaccessible to children.
Hot water from any outlet accessible to children at a centre based education and care service must be regulated to keep the temperature of water from the outlet below 43.5 degrees Celsius.
Children under school age who are provided with an education and care service at the home of a home based service provider must not have unsupervised access to any hot water supply.
Children of school age who are provided with an education and care service at the home of a home based service provider must not have unsupervised access to any hot water supply unless the hot water supply is regulated so as to keep it below the temperature at which a child can be scalded.
Any part of the premises of an education and care service that is designated for outdoor play space must be fenced on all sides.
The design and height of any fence or gate on the premises must prevent children from scaling or crawling under or through it and must inhibit or impede intruders from entering the premises.
Any side of a stairway, ramp, corridor, hallway or external balcony on the premises of an education and care service that is not abutting a wall must be enclosed to prevent a child being trapped or falling through.
All gates leading to or from the premises of an education and care service must be designed so as to prevent children from entering or leaving the premises unsupervised.
Child-proof barriers that are appropriate to the ages of children provided with the service must be provided at the top and bottom of stairs at the premises of an education and care service if the Regulatory Authority so requires by notice in writing served on the approved provider.
The approved provider of an education and care service must ensure that any glazed area of the premises of the education and care service that is in a room or other place accessible to children and is 0.75 metres or less above the level of the floor:
(a) is glazed with safety glass, if the Building Code of Australia requires the area to be glazed with safety glass, or
(b) in any other case:
(i) is treated with a product that prevents glass from shattering if broken, or
(ii) is guarded by barriers that prevent a child from striking or falling against the glass.
The premises of an education and care service, and all equipment and furnishing used in providing the education and care service, must be maintained in a safe, clean and hygienic condition and in good repair at all times.
The approved provider and the nominated supervisor must use their best endeavours to ensure that any buildings and grounds on the premises are kept free of vermin and pests.
The premises must not be fumigated while children are attending the premises.
The premises of an education and care service must be fitted with appropriate devices that:
(a) are designed to prevent children from gaining access to power points or other electrical outlets, and
(b) are designed to minimise the risk of electrical shocks arising from electrical wiring.
The approved provider and the nominated supervisor of an education and care service must ensure that the premises of the service are kept clean of garbage, rubbish and rubble.
The approved provider of a centre based or mobile education and care service must comply with the requirements of the Occupational Health and Safety Act 2000 that apply to the approved provider.
The Occupational Health and Safety Act 2000 requires employers to ensure the health, safety and welfare at work of all employees of the employer.
If the Regulatory Authority directs the approved provider of a centre based, mobile or home based education and care service to effect any repairs or maintenance at the premises of the service, the approved provider:
(a) if the approved provider owns the premises (or does not own the premises but has the responsibility in relation to the approved provider’s occupation of the premises to effect repairs or maintenance of the kind directed), must comply with the direction within the time specified by the Regulatory Authority, or
(b) if the approved provider does not own the premises and does not have the responsibility in relation to the approved provider’s occupation to effect repairs or maintenance of the kind directed, must use the approved provider’s best endeavours to ensure that the owner of the premises carries out the repairs or maintenance within the time specified by the Regulatory Authority.
(Repealed)
(Repealed)
The approved provider of a centre based or mobile education and care service must not employ a person as a member of the primary contact staff for the service unless the approved provider is satisfied that the person is a fit and proper person to be a member of the primary contact staff.
Part 7 of the Commission for Children and Young People Act 1998 requires an employer to conduct employment screening of a preferred applicant for certain child-related employment, including employment in child care centres.
The Child Protection (Prohibited Employment) Act 1998 prohibits a person convicted of a serious sex offence from applying for, undertaking or remaining in child-related employment.
For the purposes of subclause (1), the approved provider of a centre based or mobile education and care service must ensure that each person whom the approved provider employs or proposes to employ as a member of the primary contact staff has:
(a) an understanding of the principles set out in section 202 of the Act, and
(b) an understanding that the environment of an education and care service must be safe for children, and
(c) a basic knowledge of the stages of physical, emotional, cognitive, social and cultural development of children, and
(d) a basic knowledge of activities and learning experiences that are appropriate for the various ages and stages of development of children, and
(e) a basic knowledge of the health, hygiene and nutrition needs of children, and
(f) except in the case of a trainee, experience in caring for children.
An approved provider of a centre based or mobile education and care 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.
The approved provider of a centre based or mobile education and care service is to ensure that all primary contact staff for the service understand their responsibilities under the child protection legislation.
The approved provider of a centre based or mobile education and care service must not nominate more than 2 certified supervisors as nominated supervisors of the service at any one time, unless the Regulatory Authority approves otherwise.
A certified supervisor must not be nominated as a nominated supervisor of more than 2 approved education and care services at any one time, unless the Regulatory Authority approves otherwise.
In this clause, an
The approved provider of a centre based or mobile education and care service must ensure that the following number of teaching staff members are in attendance at the premises of the service while the service is being provided:
(a) 1, if there are 30 or more but less than 40 children (other than school children) being provided with the service,
(b) 2, if there are 40 or more but less than 60 children (other than school children) being provided with the service,
(c) 3, if there are 60 or more but less than 80 children (other than school children) being provided with the service,
(d) 4, if there are 80 or more children (other than school children) being provided with the service.
The approved provider of a centre based or mobile education and care service must ensure that at all times while a child under 2 years of age is being provided with the service at least one primary contact staff member is in attendance at the service who:
(a) is an enrolled nurse who has obtained:
(i) a Certificate IV from a TAFE establishment on completion of a course in Parenthood, or
(ii) a Certificate III from a registered training organisation on completion of a course in Children’s Services, or
(b) is a registered nurse who has had previous work experience in providing an education and care service or has another approved qualification, or
(c) has obtained:
(i) a Child Care Certificate, a Certificate of Child Care Studies or an Associate Diploma of Social Science (Child Studies) from a TAFE establishment, or
(ii) a Diploma of Community Services (Children’s Services) from a registered training organisation, or
(d) has some other approved qualification.
The nominated supervisor of a centre based or mobile education and care service must ensure that at least one person who holds a current approved first aid qualification is on the premises of the service at all times while children provided with the service are on the premises.
In this clause,
(a) has a degree or diploma in early childhood education from a university following a course with a duration (on a full-time basis) of not less than 3 years, or
(b) has some other approved qualification, or
(c) has other approved training and other approved experience.
The approved provider of a centre based or mobile education and care service must ensure that the ratio of primary contact staff to children being provided with the service is:
(a) 1:4 in respect of all children who are under the age of 2 years, and,
(b) 1:8 in respect of all children who are 2 or more years of age but under 3 years of age, and
(c) 1:10 in respect of all children who are 3 or more years of age but under 6 years of age.
The approved provider of a centre based or mobile education and care service must ensure that at least 2 members of the primary contact staff are present on the premises of the service whenever children are being provided with the service at the premises.
If a centre based or mobile education and care service is being provided to a group of children who are not all in the same age bracket, the approved provider of the service must ensure that the ratio of primary contact staff to children in the group is the ratio specified in subclause (1) for the age bracket in which the youngest child in the group belongs.
In counting the number of primary contact staff for the purposes of this clause, a trainee referred to in paragraph (c) of the definition of
In this clause,
The approved provider of a centre based or mobile education and care service must ensure that a qualified cook is employed by the service if meals are prepared and provided to children on the premises of the service.
The cook is to be available for the period necessary to prepare the meals for the number of children being catered for and to clean the area of the premises used to prepare the meals.
A person is a qualified cook only if the person holds a certificate attesting to the person’s successful completion of a basic training course in food safety and nutrition that:
(a) complies with guidelines issued by the Regulatory Authority from time to time for the purpose of this clause, and
(b) is provided by a registered training organisation.
The approved provider and the nominated supervisor of a centre based or mobile education and care service must ensure that, for each cook employed by the service to prepare and provide meals to children on the premises, a copy of the cook’s certificate, as referred to in subclause (3), is displayed on the premises in a prominent position.
The approved provider of a centre based or mobile education and care service must employ staff, additional to any other staff required by this Division, if the Regulatory Authority so requires by notice in writing served on the approved provider.
Such a notice may specify both the number of staff to be employed and the qualifications they must have.
The Regulatory Authority may make such a requirement if satisfied that, having regard to any particular function carried out by the service, sufficient staff with suitable qualifications are not employed by the service.
The approved provider of an education and care service must ensure that the nominated supervisor for the service has the overall supervision of the provision of the service.
The approved provider of an education and care service must ensure that records are made and kept up to date of the name of the nominated supervisor who has the overall supervision of the provision of the service at any time the service is operating.
The approved provider of a centre based education and care service must ensure that the nominated supervisor for the service is, each week:
(a) in the case of a school based education and care service—present on:
(i) where the relevant school is located on one premises only, the premises of the school on which the service is based for no less than 50% of the time that the service is provided, or
(ii) where the relevant school is located on 2 or more premises, the same premises of the school as the premises of the school on which the service is based for no less than 50% of the time that the service is provided, or
(b) in the case of any other education and care service—present on the premises of the service for no less than 50% of the time that the service is provided.
An approved provider of an education and care service may provide an education and care service with the assistance of volunteers, but only if the volunteers:
(a) in the case of a centre based or mobile education and care service, supplement the Part 4 staffing requirements and are not counted (except for the purposes of clauses 78 and 79) in determining whether the required staffing levels have been met, and
(b) are accompanied by primary contact staff whenever they are in the presence of children, and
(c) are covered by appropriate insurance arrangements.
An approved provider may be required to conduct a probity check of a volunteer as an approval condition, or under Part 7 of the Commission for Children and Young People Act 1998.
The number of children who may attend a centre based or mobile education and care service at any one time while a service is being provided must not exceed the maximum number of children specified in the service approval for the service.
The number of children under the age of 2 years who may attend a centre based or mobile education and care service at any one time while a service is being provided must not exceed 40, unless the Minister otherwise approves in a particular case.
(Repealed)
The approved provider of a home based education and care service must not provide an education and care service for a number of children (including children related to the approved provider) that at any one time exceeds 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.
The Regulatory Authority may give approval for the approved provider of a centre based or mobile education and care service to provide the service to more children than the number of children specified in the service approval for that service if the Regulatory Authority is of the opinion that the children need to be provided with the service as a matter of urgency.
The Regulatory Authority may give such an approval:
(a) only with the agreement of the approved provider of the centre based or mobile education and care service, and
(b) only if the number of additional children specified in the approval does not at any one time exceed 5, or 10% of the number of children specified in the service approval for the service, whichever is the lesser.
(Repealed)
The Regulatory Authority may give approval for one more child to be provided with a home based education and care service than the maximum number of children who may be provided with the service under clause 58 if the Regulatory Authority is of the opinion that the child needs to be provided with the service as a matter of urgency.
The Regulatory Authority may give an approval under clause 59 only if each child the subject of the approval:
(a) is a client of the Department or is a member of a family that is a client of the Department, or
(b) is, in the opinion of the Regulatory Authority, likely to become a client of the Department, or is a member of a family that is likely to become a client of the Department, or
(c) has a parent whose health needs require urgent care for the child, or
(d) has a parent who is undertaking a rehabilitation program, or
(e) is a client of, or is a member of a family that is a client of, an organisation funded by the Department (other than an organisation funded by or under the Children’s Services Program administered by the Department), or
(f) has a parent who is participating in an approved job skills program for the long-term unemployed, or
(g) is the holder of a visa of a class of visas described as “protection” visas under the Migration Act 1958 of the Commonwealth (or is the child of a person who holds such a visa).
The period for which a child may be provided with a service under such an approval must not exceed 6 months.
Each child who is the subject of an approval under clause 59 is to be named in the approval.
The approved provider of a centre based, mobile or home based education and care service must admit a child who is the subject of such an approval to the first available vacancy at the service.
(Repealed)
The Regulatory Authority may give an approval for a particular child to be provided with a service under this clause on more than one occasion.
The approved provider of a centre based or mobile education and care service must ensure that children are arranged and supervised in groups as follows:
(a) if the children are under 2 years of age, in groups of not more than 12,
(b) if the children are 2 or more years of age but under 3 years of age, in groups of not more than 16,
(c) if the children are 3 or more years of age but under 6 years of age and do not ordinarily attend school, in groups of not more than 20.
The approved provider of a centre based or mobile education and care service must ensure that if any school child is provided with education or care by the approved provider at the premises of the service:
(a) the access of any pre-school child attending the service to facilities and staff of the service is not diminished, and
(b) any programs provided for pre-school children attending the service are not adversely affected, and
(b1) the safety of any pre-school child attending the service is not adversely affected, and
(b2) the education and care provided to any pre-school child attending the service meet the child’s needs, and
(c) if all the school children attending the service are attending school in kindergarten or Year 1, the total number of school children who are cared for at the premises of the service is not greater than 20% of the number of children specified in the service approval for the service, and
(d) if any school children attending the service are attending school other than in kindergarten or Year 1, the total number of school children who are cared for at the premises of the service is not greater than 10% of the number of children specified in the service approval for the service.
The percentages referred to in subclause (1) (c) and (d) may be exceeded if:
(a) the indoor and outdoor areas and amenities used by the children are not used at the same time by any other children attending the service, and
(b) the staff providing the service to the children are not at the same time providing the service to any other children attending the service.
Nothing in subclause (1) authorises the approved provider to provide education or care to more children (including school children) than the number specified in the service approval for the service.
Clause 59 provides that in certain circumstances the Regulatory Authority may authorise the approved provider of the education and care service to provide an education and care service to a number of children that exceeds the number of children specified in the service approval for the service.
The nominated supervisor of an education and care service must ensure that all children (including school children) to whom the approved provider provides education or care are enrolled in the service.
The approved provider of an education and care service must develop, maintain and implement policies for the development and education of children that set out:
(a) the level of involvement of children, parents and staff in the development of the curriculum, and
(b) the ways in which the service ensures that individual children’s interests are taken into account, and
(c) the ways in which children will be assisted in the transition to other early childhood programs or to school.
The nominated supervisor of an education and care service must ensure that there is provided a program of activities that:
(a) balances indoor and outdoor experiences, and
(b) stimulates and develops each child’s social, physical, emotional, cognitive, language and creative potential, and
(c) is appropriate to the individual needs and development level of each child, and
(d) is capable of engaging the interest of children, and
(e) allows children to freely select experiences, and
(f) is appropriate to the development of children.
(Repealed)
The approved provider and nominated supervisor of an education and care service must ensure that interactions with children for whom the service is being provided occur in a way that ensures that the children:
(a) are encouraged to express themselves and their opinions, and
(b) are given the opportunity to become self-reliant and to develop self-esteem, and
(c) are given guidance as to positive and responsible behaviour, and
(d) are not required to perform duties that are inappropriate, having regard to each child’s family and cultural values, age and physical and intellectual development.
The approved provider and nominated supervisor of an education and care service must ensure that the dignity and rights of each child being provided with the service are maintained at all times and that:
(a) child management techniques do not include physical, verbal or emotional punishment, including, for example, punishment that humiliates, frightens or threatens the child, and
(b) the child is not isolated for any reason other than illness, accident or a pre-arranged appointment with parental consent, and
(c) a child is given positive guidance directed towards acceptable behaviour with encouragement freely given, and
(d) the values of the child’s family are respected, and
(e) the child is given support in the child’s learning experiences, and
(f) the child is given emotional support, and
(g) the child is not required to sleep or rest against the child’s wishes or needs.
The approved provider and nominated supervisor of an education and care service must ensure that all children enrolled in the service:
(a) are treated without bias regardless of ability, gender, religion, culture, family structure or economic status, and
(b) if they have disabilities, or come from different cultural and linguistic backgrounds, are encouraged to fully participate (with any necessary help and support) in programs at the service, and
(c) if they have disabilities, are given access to:
(i) buildings, areas and facilities at which the service is provided, and
(ii) appropriate support services and specialised equipment and resources.
(Repealed)
The approved provider and nominated supervisor of an education and care service must ensure that no member of the primary contact staff or the home based service provider is performing other duties while supervising children.
The approved provider and nominated supervisor of an education and care service must ensure that children at the service are supervised at all times (including while they are asleep) having regard to their ages and physical and intellectual development and to the activities in which they are engaged.
(Repealed)
If, in the case of a centre based or mobile education and care service, the toilet, hand washing and bathing facilities are not visible or easily accessible from the main areas where the service is provided, children provided with the service must be supervised when using those facilities.
The approved provider and nominated supervisor of a centre based or mobile education and care service must use their best endeavours to monitor whether children provided for by the service are able to climb or crawl under any fences or gates on the premises at which the service is provided and, if so, to take appropriate action to prevent them doing so.
The nominated supervisor of a centre based or mobile education and care service must ensure that:
(a) in relation to children provided with the service, all members of staff of the service observe strict health and hygiene practices that have regard to current community standards, and are in accordance with relevant government guidelines to minimise risks to children, and
(b) no alcohol or unlawful substances are consumed on any part of the premises of the service at any time when the service is being provided to children, and
(c) no tobacco or any other substance 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.
The approved provider of a centre based or mobile education and care service must develop, maintain and implement procedures and policies to ensure that the nominated supervisor and primary contact staff of the service comply with the requirements of this clause.
A home based service provider:
(a) in relation to children provided with the service, must observe strict health and hygiene practices that have regard to current community standards and are in accordance with relevant government guidelines to minimise risks to children, and
(b) must encourage children to observe these practices, and
(c) must not provide care for children unless he or she is in good health and is free from any medical conditions or dependency on any medication or substance that may affect the carer’s or approved provider’s ability to provide care for children, and
(d) if the home based service provider requires regular medication, must obtain a medical certificate confirming his or her ability to care for children, and
(e) must not be under the influence of alcohol or any other drug while the home based service provider is providing children with the service, and
(f) must not consume any alcohol or unlawful substance while the home based service provider is providing children with the service, and
(g) must provide a smoke free environment while providing the children with the service at the home of the home based service provider.
(Repealed)
The approved provider of a centre based or mobile education and care service must ensure a policy is developed and maintained that:
(a) is consistent with the Food Act 2003 and the regulations under that Act, and
(b) is consistent with the Dietary Guide for Children, and
(c) ensures that each child provided with the service is given food and drinks that are nutritious, adequate in quantity, varied, offered at frequent intervals, appropriate to the developmental needs of the child and any special dietary needs of the child and appropriate to the culture and religion of the child, and
(d) provides a system for parents of a child to be given information about:
(i) the approach taken by the service to meet the nutritional needs of the child, and
(ii) the eating habits of the child, and
(e) outlines a program of nutrition education for primary contact staff covering the following matters:
(i) safe eating practices (including the eating environment),
(ii) understanding and handling eating behaviour of children (including refusal of food by children),
(iii) teaching children provided with the service about nutrition through food-related activities, and
(f) requires information to be given to parents of children provided with the service to assist them in providing food for the child that is varied, adequate in quantity, appropriate to the developmental needs of the child and consistent with the Dietary Guide for Children,
(g) requires information to be prominently displayed as to the service’s weekly menu for children’s meals,
(h) outlines practices for the preparation, storage, handling and hygiene of food,
(i) requires eating utensils and furniture used when eating to have a size and shape that encourage development of eating skills and independence in eating by children,
(j) requires primary contact staff to ensure that drinking water is provided and available to children at all times while the service is being provided.
The nominated supervisor of a centre based or mobile education and care service must ensure that the policy referred to in subclause (1) is practised by each member of staff.
A home based service provider must ensure that:
(a) each child provided with the service is given food and drinks that are nutritious, adequate in quantity, varied, offered at frequent intervals, appropriate to the developmental needs of the child and any special dietary needs of the child and appropriate to the culture and religion of the child, and
(b) drinking water is available to children at all times while the service is being provided, and
(c) information is readily available to parents of a child that outlines:
(i) the approach taken by the home based service provider to meet the nutritional needs of the child, and
(ii) the eating habits of the child.
(Repealed)
In this clause,
The nominated supervisor of an education and care service must ensure that the written authorisation of a parent of a child provided with the service is obtained before the child enters a pool of water on the premises of the education and care service (whether or not the pool has been identified on the site plan accompanying the application for the service approval for the service or the Regulatory Authority has otherwise been notified about the pool).
The nominated supervisor of an education and care service must ensure that if children provided with the service are allowed to swim at a swimming pool on the premises of the education and care service, then there must be present within the fenced area of the pool at least one adult for each child using the pool.
The nominated supervisor of an education and care service must ensure that:
(a) all paddling pools at the premises of the service are emptied immediately after use and stored to prevent the collection of water, and
(b) other water containers at the premises that could constitute a drowning hazard are safely covered or are inaccessible to children, and
(c) any pool filters at the premises are inaccessible to children.
The approved provider of an education and care service (other than a home based education and care service) must develop, maintain and implement procedures and policies to ensure that the nominated supervisor and primary contact staff comply with the requirements of this clause.
(Repealed)
The nominated supervisor of an education and care service must ensure that all dangerous cleaning materials, disinfectants, poisonous and other dangerous substances and medications are kept in a child resistant container that is labelled with a description of its contents and directions for their use.
The nominated supervisor of an education and care service must ensure that the following items are kept in secure storage facilities that are inaccessible to children:
(a) dangerous cleaning materials,
(b) disinfectants,
(c) poisonous and other dangerous substances,
(d) dangerous tools and equipment,
(e) toiletries,
(f) medications,
(g) first aid equipment,
(h) sharp or jagged objects that pose a hazard to children.
The nominated supervisor of an education and care service must ensure that if a substance referred to in subclause (2) needs to be refrigerated, it is kept in a child resistant container in the refrigerator.
(Repealed)
The approved provider of an education and care service (other than a home based education and care service) must develop and maintain procedures and policies to ensure that the nominated supervisor complies with the requirements of this clause.
The approved provider and nominated supervisor of an education and care service must ensure that any animal (including livestock) or domesticated bird that enters or is kept on the premises of the service is in a clean and healthy condition.
The approved provider and nominated supervisor of an education and care service must ensure that any animal (including livestock) or domesticated bird that enters or is kept on the premises of the service does not constitute a health or safety risk to children (for example, by causing an allergic response or infection or in any other way having a detrimental effect on the well-being of children provided with the service).
The approved provider and nominated supervisor of an education and care service must ensure that the following are made inaccessible to a child in the care of the service unless the child is under direct supervision:
(a) every domestic pet or farm animal or other potentially dangerous animal kept on the premises of the service,
(b) any bedding, toys, litter tray, food, feeding container or water container used or consumed by animals.
The approved provider and nominated supervisor of an education and care service must ensure that all play areas are kept free from the following:
(a) animal droppings,
(b) bones,
(c) holes dug by animals.
The approved provider and nominated supervisor of an education and care service must ensure that animals do not have access to the following:
(a) bedding used by children,
(b) toys or play equipment used by children,
(c) food preparation areas or food prepared by the service,
(d) eating surfaces,
(e) eating utensils.
The approved provider and nominated supervisor of an education and care service must ensure that no animal travels in a motor vehicle with a child in the course of the provision of the service to the child unless the animal is restrained in the car (for example, by a fixed barrier or harness or in a cage).
(Repealed)
The approved provider and nominated supervisor of an education and care service must ensure that any poisonous vegetation in children’s play areas on the premises of an education and care service is identified and maintained so as to ensure that it does not present a hazard to children.
In particular, any vegetation on the premises of an education and care service that can lead to injury or severe discomfort (for example, because of sharp prickles or prominent thorns) must be identified and maintained so as to ensure that it does not present a hazard to children.
(Repealed)
The approved provider of an education and care service must develop, maintain and implement procedures to ensure that a parent of a child attending the service can obtain information from the approved provider, the nominated supervisor or primary contact staff about the health, welfare and conduct of the child.
The nominated supervisor of a centre based or mobile education and care service, or a home based service provider, must ensure that:
(a) when a child arrives at the premises of the education and care service, a member of staff of the service or the home based service provider receives the child, and
(b) when a child leaves the premises of the education and care service, the person who collects the child is a parent of the child or another person who is authorised in writing by a parent of the child to collect the child, and
(c) if it is not possible to comply with paragraph (b), alternative arrangements to secure the safety and welfare of the child are made before the child is permitted to leave the premises, and
(d) if a school age child arrives at or leaves the premises of the education and care service unaccompanied by a parent of the child, the arrival or departure is in accordance with procedures agreed to in writing by the child’s parents.
For the purposes of subclause (1), a child who is collected or returned by a member of staff of an education and care service is taken to have arrived when he or she is collected from the pick-up address and to have left when he or she is returned to the drop-off address.
The nominated supervisor of a centre based or mobile education and care service must ensure that at the end of each day all beds and all areas of the premises (whether indoors or outdoors) are thoroughly checked by at least 2 members of the primary contact staff to ensure that no child remains on the premises after the service closes for the day.
The approved provider of a centre based or mobile education and care service must develop, maintain and implement procedures and policies to ensure that the nominated supervisor of the service complies with the requirements of subclause (1).
(Repealed)
The nominated supervisor of an education and care service must ensure that any parent of a child:
(a) can contact the child at any time during the hours the child is at the service, and
(b) can exchange information about the child with primary contact staff or with the home based service provider at mutually convenient times on an ongoing basis.
The approved provider of an education and care service must ensure that the nominated supervisor and members of staff of the service comply with the requirements of subclause (1).
The approved provider of an education and care service must ensure that video monitoring or surveillance equipment on the premises of the service is not used so as to enable children and staff at the premises to be viewed from a place other than those premises or that home.
Despite any other provision of this Division, a person who has been forbidden by court order from having contact with a child attending an education and care service:
(a) must not be given any information concerning the child, and
(b) must not be allowed to enter the premises of the education and care service while the child is attending the service, and
(c) must not be permitted to collect the child from the service.
The approved provider of an education and care service must develop, maintain and implement procedures to ensure that the requirements of subclause (1) are complied with.
The approved provider and the nominated supervisor of an education and care service must ensure that a risk assessment is carried out in relation to any excursion before the excursion takes place.
(Repealed)
In this clause,
The nominated supervisor of an education and care service must ensure that no child provided with the service leaves the premises of the service to participate in any routine excursion unless the approved provider of the service has obtained written authorisation from a parent of the child for the child to participate in excursions of that kind.
The nominated supervisor of an education and care service must ensure that no child provided with the service leaves the premises of the service to participate in any non-routine excursion unless the approved provider of the service has obtained written authorisation from a parent of the child for the child to participate in that excursion.
An authorisation referred to in subclause (2) must state the following:
(a) the date of the excursion,
(b) the proposed destination,
(c) the method of transport or walking itinerary,
(d) the activities to be carried out during the excursion,
(e) the number of adults to accompany and supervise the children,
(f) the name of the person with first aid qualifications who will accompany the children on the excursion,
(g) the proposed period of time during which the excursion is to take place,
(h) if practicable, an emergency contact number for the excursion.
The approved provider of an education and care service (other than a home based education and care service) must develop, maintain and implement procedures and policies to ensure that the nominated supervisor complies with the requirements of this clause.
Nothing in subclause (1) or (2) requires an authorisation to be obtained in respect of a school based education and care service if the premises of the service are located within the premises of the school that conducts the service and the excursion takes place:
(a) where the school is located on one premises only—solely within those premises, or
(b) where the school is located on 2 or more premises—within the same premises of the school as the premises of the school in which the service is based.
The nominated supervisor of an education and care service must ensure that all excursions are conducted in a safe manner.
The nominated supervisor of an education and care service must ensure that any motor vehicle that is used to transport children on excursions (other than a motor vehicle with seating for more than 9 persons) is fitted with child restraints approved by the Roads and Traffic Authority.
The nominated supervisor of an education and care service must ensure that a suitably equipped and well stocked first aid kit is taken on all excursions and that the children on such an excursion are accompanied by a primary contact staff member with approved first aid qualifications.
The approved provider of an education and care service (other than a home based education and care service) must develop, maintain and implement procedures and policies to ensure that the nominated supervisor and primary contact staff comply with the requirements of this clause that apply to them.
The nominated supervisor of a centre based or mobile education and care service must ensure that at least 2 adult persons, at least one of whom is a primary contact staff member, accompany the children on any excursion.
Subject to subclause (7), the nominated supervisor of a centre based or mobile education and care service must ensure that the minimum adult to child ratio of persons participating in the excursion is:
(a) one adult for each 2 children who are under 3 years of age, and
(b) one adult for each 5 children who are 3 or more years of age.
The nominated supervisor of a centre based or mobile education and care service must ensure that children are not taken on any excursion that involves using public transport or crossing a major road unless the minimum adult to child ratio of persons participating in the excursion is:
(a) one adult for each 2 children who are under 3 years of age, and
(b) one adult for each 4 children who are 3 or more years of age.
A home based service provider must conduct all excursions in a safe manner.
Subclauses (3), (5) and (6) do not apply in respect of an excursion conducted by a school based education and care service (where the service is located within the premises of the school that conducts the service) if the excursion takes place:
(a) where the school is located on one premises only—solely within those premises, or
(b) where the school is located on 2 or more premises—within the same premises of the school as the premises of the school in which the service is based.
The nominated supervisor of an education and care service must ensure that:
(a) children provided with the service are taken on an excursion to swim for the purpose only of learning water safety or learning to swim, and
(b) when children are taken on such an excursion, the minimum adult to child ratio of participants in the excursion is one adult for each child.
The nominated supervisor of an education and care service must ensure that if children provided with the service are taken on any excursion to a beach, river, lake or other place where there is a water hazard (otherwise than for the purpose of learning water safety or learning to swim), the minimum adult to child ratio of persons participating in the excursion is:
(a) one adult for each child who is under 3 years of age, and
(b) one adult for each 2 children who are 3 or more years of age but who do not normally attend school, and
(c) one adult for each 5 children who normally attend school.
The approved provider of an education and care service (other than a home based education and care service) must develop, maintain and implement procedures and policies to ensure that the nominated supervisor and primary contact staff comply with the requirements of this clause that apply to them.
The nominated supervisor of a centre based or mobile education and care service must ensure that children are not taken on an excursion to a beach, river, lake or other place where there is a water hazard unless 2 of the adult persons accompanying the children have:
(b) in the case of a mobile children’s service—the application is accompanied by a statement as to whether any of the premises at which the service is proposed to be provided do not comply with the applicable requirements of Schedule 1 to the CBM Regulation.
The undertakings required by this Regulation to accompany an application for a licence are taken to be undertakings to comply with the relevant requirements from the time that they commence to apply in relation to the licence under this clause.
If a licence is granted for an application referred to in subclause (1), for the remainder of the transition period the licence:
(a) is taken to have been granted subject to the same conditions as those to which the existing licence was subject immediately before it expired, and subject to any conditions imposed by the Minister on the licence under section 209 of the Act, and
(b) is not subject to the applicable conditions set out in Parts 3, 4, 5, 6 and 7 of this Regulation for the licence for that class of children’s service.
The provisions of the CBM Regulation or FDH Regulation, as applicable, continue to apply in relation to a licence granted under the 1998 Act as referred to in subclause (4) for the remainder of the transition period as if the Regulation concerned had not been repealed, subject to any necessary modifications.
After the expiry of the transition period:
(a) a licence granted under the 1998 Act as referred to in subclause (4) is subject to this Regulation and the provisions of the CBM Regulation or FDH Regulation cease to apply in relation to the licence, and
(b) the licence is subject to the applicable conditions set out in Parts 3, 4, 5, 6 and 7 of this Regulation that apply to that class of licence.
Nothing in this clause prevents:
(a) the Director-General from requiring an applicant for a licence for a children’s service under the 1998 Act to furnish further particulars under section 206 of the 1998 Act, or
(b) a condition being imposed under section 209 of the 1998 Act on a licence granted by the Minister under that Act.
The following provisions have effect despite clauses 2 and 3:
(a) an existing licence (including any further licence for the same service) is not subject to the space requirements set out in clause 30 of this Regulation, either during or after the transition period,
(b) during the transition period, an existing licence (including any further licence for the same service) is subject to the same space requirements as those to which it was subject immediately before the transition day,
(c) after the transition period, an existing licence (including any further licence for the same service) is subject to such space requirements as are set out in the licence.
In the case of a licence for a centre based children’s service, the space requirements referred to in subclause (1) (c) must include the requirement that, on and from 1 January 2008, the premises of the service must have a room or area that is used only for sleeping for children under 2 years of age.
Part 3 of this Regulation (clauses 34, 40 and 45 excepted) does not apply to or in respect of a school based children’s service operating prior to 1 July 2008.
Before the expiry of the transition period:
(a) the holder of an existing licence for a mobile children’s service that will not expire until the end of the transition period, or
(b) the licensee of a licence for a mobile children’s service granted under the 1998 Act during the transition period,
is to prepare and submit to the Director-General a statement and, if necessary, a plan describing how the licensee intends to ensure the safety and well-being of children at the premises of the service.
The provisions of clause 17 (2)–(4) of this Regulation apply to a plan referred to in subclause (1) in the same way as they apply to a plan required to accompany an application for a licence for a mobile children’s service.
Schedule 1 to the 1987 Act continues to apply (despite the repeal of section 32 of that Act) to and in respect of an application for a grant of a licence for a child care service or for restoration of such a licence that was pending immediately before the transition day.
A licence granted or restored under Schedule 1 to the 1987 Act pursuant to subclause (1) is taken to have been granted or restored immediately before the transition day.
Any application for review by the Administrative Decisions Tribunal under section 112 of the 1987 Act pending immediately before the transition day is to continue and be determined as if Division 1 of Part 3 of the 1987 Act had not been repealed.
For the purposes of the operation of this Schedule, the determination of the application for review is to have effect as if the application was made immediately before transition day.
A person who was the authorised supervisor for an existing licence under Division 1 of Part 3 of the 1987 Act immediately before the transition day is taken to be the authorised supervisor for the licence under the 1998 Act.
A person who was authorised to act as an authorised supervisor under clause 10 of Schedule 1 to the 1987 Act immediately before the transition day is taken to be a temporary supervisor for the licence under the 1998 Act for the remainder of the period specified in the authorisation.
A person who was a carer under a licence for a family day care service under the 1987 Act immediately before the transition day is taken to be a family day care carer under the transferred licence.
Guidelines for first aid qualifications issued by the Department for the purposes of the definition of
Guidelines for basic training courses in food safety and nutrition issued by the Director-General for the purposes of clause 23 of the CBM Regulation are taken to be guidelines issued for the purposes of clause 54 (Cooking staff) of this Regulation until the Director-General issues guidelines to replace those guidelines.
The provisions of clause 54 of this Regulation with respect to certificates do not apply until 1 January 2006.
Anything done or omitted to be done under or for the purposes of a provision of Division 1 of Part 3 of the 1987 Act, the CBM Regulation or the FDH Regulation is, to the extent that the thing done or omitted has effect immediately before the repeal of the provision, taken to have been done or omitted under or for the purposes of the corresponding provision of the 1998 Act or this Regulation.
The Order made on the 28 September 2004 by the Minister for Community Services under section 48 (1) of the 1987 Act exempting a person from the operation of section 31 (1), (2), (3) and (4) of that Act (as in force immediately before its repeal by the Children and Young Persons Legislation (Repeal and Amendment) Act 1998) is taken to have continued in force despite its expiry, and to remain in force until 30 June 2006, unless sooner revoked by the Director-General.
Until and including 30 June 2006:
(a) compliance with clause 36 (6), as in force immediately before its substitution by Schedule 1 [3] to the Children’s Services Amendment (Child-minding in Retail Shopping Centres) Regulation 2005, is taken to be compliance with clause 36 (6) as substituted by that item, and
(b) compliance with clause 42 (2), as in force immediately before its substitution by Schedule 1 [4] to that Regulation, is taken to be compliance with clause 42 (2) as substituted by that item.
Clause 8 (2) (c) does not apply in respect of an application lodged before 1 January 2010.
Clause 25A extends to a licence issued before the commencement of the Children’s Services Amendment (Fees) Regulation 2009, but only in respect of a year that commences on or after 1 January 2010.
A licence in force immediately before the commencement of the Children’s Services Amendment (Fees) Regulation 2009 that was granted for a term of 3 years is, on that commencement, taken to have been granted for a term of 5 years commencing when the licence was granted.
Any cots at the premises of a children’s service or an approved child-minding service (within the meaning of Part 8A) immediately before 1 January 2011 may continue to comply with the requirements of the Australian/New Zealand Standard AS/NZS 2172:2003, Cots for household use—Safety requirements for the purposes of clause 36 (6) or clause 20 of Schedule 1A instead of the Standards referred to in those clauses.
A document issued by the Department to a person before 1 January 2011 that allocated an authorised supervisor reference number to the person (and that was current immediately before that date) is taken, on that date, to be a supervisor approval that authorises the person to supervise the operation of the type of children’s service to which the person was last appointed as authorised supervisor.
The supervisor approval remains in force until it is revoked by the Director-General under the new licensing scheme.
This clause does not apply to a person specified in an existing licence as an authorised supervisor for a children’s service immediately before 1 January 2011.
In this clause:
In this Part:
An application for a service provider licence made under the repealed provisions before their repeal by the new Act, which has not been granted or refused by the date of that repeal, in respect of a children’s service that is a State regulated education and care service, is taken to be an application for a provider approval in respect of the type of State regulated education and care service to which the application relates.
An application for a children’s service approval that was made under the repealed provisions before their repeal by the new Act, which has not been granted or refused by the date of that repeal, is taken to be an application for a service approval in respect of the State regulated education and care service to which the application relates.
An application for a supervisor approval that was made under the repealed provisions before their repeal by the new Act, which has not been granted or refused by the date of that repeal, in respect of a children’s service that is a State regulated education and care service, is taken to be an application for a supervisor certificate.
Any other application made or notification given under the repealed provisions may be dealt with by the Regulatory Authority as an application made or notification given under the corresponding provisions of the new Act.
An in force service provider licence is taken, on the commencement of the new Act, to be a provider approval granted under the National Law Alignment Provisions that authorises the licensee under the in force service provider licence to provide State regulated education and care services (a
An in force children’s service approval is taken, on the commencement of the new Act, to be a service approval under the National Law Alignment Provisions that authorises the operation of the State regulated education and care service to which the in force service approval relates (a
An in force supervisor approval is taken, on the commencement of the new Act, to be a supervisor certificate under the National Law Alignment Provisions that authorises the authorised supervisor under the supervisor approval to be nominated as the nominated supervisor of a State regulated education and care service (a
A person appointed, before the commencement of the new Act, as the authorised supervisor for a children’s service that, on that commencement, is a State regulated education and care service, and whose appointment is in force immediately before that commencement, is taken on that commencement to have been nominated as the nominated supervisor of the education and care service.
A corresponding provider approval, service approval or supervisor certificate remains in force until cancelled or suspended by the Regulatory Authority under the new Act, unless subclause (6) applies.
If an in force service provider licence, in force children’s service approval or in force supervisor approval was granted for a specified period of less than 5 years, the corresponding provider approval, service approval or supervisor certificate remains in force for the balance of that period, unless sooner cancelled or suspended by the Regulatory Authority under the new Act.
The Regulatory Authority may issue a new provider approval, service approval or supervisor certificate for the purpose of replacing a corresponding provider approval, service approval or supervisor certificate.
Any conditions imposed by the Director-General on an in force service provider licence, in force children’s service approval or in force supervisor approval which had effect immediately before the commencement of the new Act, are taken, on that commencement, to be conditions determined or imposed by the Regulatory Authority.
The conditions are taken to have been imposed on the date that they were imposed by the Director-General under the repealed provisions.
This clause does not prevent the imposition of new conditions or the variation of conditions.
A service provider licence, children’s service approval or supervisor approval that was the subject of a suspension immediately before the commencement of the new Act is taken to be an in force service provider licence, in force children’s service approval or in force supervisor approval (as the case requires) for the purposes of this Part.
However, the suspension continues to apply in respect of a corresponding provider approval, service approval or supervisor certificate (as the case requires).
Division 1 of Part 5 of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 continues to apply in respect of a compliance notice issued by the Director-General before the repeal of that Division.
The functions of the Director-General under that Division with respect to a compliance notice are to be exercised by the Regulatory Authority.
A written undertaking accepted by the Director-General under Division 2 of Part 5 of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998 is taken, on the commencement of the new Act, to be a written undertaking accepted by the Regulatory Authority under section 180 of the National Law Alignment Provisions.
Any other thing done or omitted by the Director-General under the repealed provisions which continued to have effect immediately before the repeal of the repealed provisions is taken, on the commencement of the new Act, to have been done or omitted by the Regulatory Authority.
The amendment made by the Children (Education and Care Services) Supplementary Provisions Amendment Regulation 2011 to Schedule 1B (specifying new fees for applications and approvals) applies:
(a) to any application for a service approval that is made on or after the commencement of that Regulation, and
(b) to an annual fee that becomes due and payable on or after the commencement of that Regulation (including in relation to service approvals granted before the commencement of that Regulation).
The amendment made by the new Act to section 29 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 does not apply in respect of an application to the Administrative Decisions Tribunal made before the commencement of that amendment.
Nothing in this Part affects the application of the National Law or the National Law Regulations to service provider licences, children’s service approvals and supervisor approvals.
For example, in force service provider licences are also recognised under the transitional arrangements for the National Law.
(Clause 4)
(a) a successfully completed first aid course that is approved by the WorkCover Authority for the purposes of the Occupational Health and Safety Regulation 2001 and that specifically relates to first aid and emergency care of children and meets the guidelines issued for the purposes of this definition by the Department, or
(b) another successfully completed first aid course approved by the Regulatory Authority for the purposes of this definition.
(a) a person engaged by a contract of employment, or
(b) a person engaged to deliver any item to the service.
(a) in the case of a centre based or mobile education and care service, under the supervision of one or more members of staff of the service at a place other than the premises of the service, and
(b) in the case of a home based education and care service, under the supervision of the home based service provider at a place other than the home of the home based service provider.
(a) an individual room or well-defined space within a room, or
(b) a part of a room that is recognisably a space for a group,
(c) a well-defined outdoor area that is recognisably a space for a group.
(a) a two-way road with a dividing line or median strip that indicates the parts of the road to be used by vehicles travelling in opposite directions, or
(b) a one-way road with more than one marked lane.
An example of a non-routine excursion is a visit to a zoo or museum.
(a) in relation to a centre based education and care service, the premises of the service, and
(b) in relation to a mobile education and care service, the premises of the service, and
(c) in relation to a home based education and care service, the home of the home based service provider.
(a) any member of the staff of the service who is directly involved in educating or caring for children at the service, or
(b) the approved provider of the service at any time while the approved provider is directly involved in educating or caring for children at the service, or
(c) a trainee who is at the service as a formal part of studies at an educational institution,
but does not include:
(d) a person who is engaged solely in administrative, clerical or domestic duties at the service, or
(e) a person who is at the service for the purpose of work experience, or
(f) a volunteer who is assisting in the provision of the service.
(a) a public authority constituted by or under an Act, or
(b) a local authority, or
(c) a Government Department or government agency, or
(d) a statutory body representing the Crown, or
(e) a university or TAFE establishment.
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse, or
(b) a spouse or de facto partner of the person or of a person referred to in paragraph (a).
An example of a routine excursion is a daily walk to a nearby park or to a nearby library to borrow books.
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