Children's Services Amendment Regulations 2024 (Vic)
Children's Services Amendment Regulations 2024
S.R. No. 12/2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Application for provider approvals by individual
7Matters relating to criminal history
8Application by individual executor for provider approval
9Application by individual for provider approval on incapacity of approved provider
10Application for service approval
11Additional information about proposed children's service premises
12Application for service approval for a children's service—relocation of existing children's service
13Additional matters to have regard to in determining application for service approval
14Service waiver—prescribed requirements
15Temporary waiver—prescribed requirements
16Documenting of child assessments or evaluations for delivery of educational program
17Regulation 50 revoked
18Regulation 53 substituted
19New Division 2A of Part 4 inserted
20Emergency and evacuation procedures
21Children leaving the children's service premises
22Risk assessment must be conducted before excursion
23Conduct of risk assessment for excursion
24Authorisation for excursions
25New Divisions 7A and 7B of Part 4 inserted
26Occasional care services—educator qualifications
27New regulation 92A inserted
28Illness or absence of early childhood teacher
29First aid qualifications
30WWC clearance to be read
31Nominated supervisor
32Staff members
33Volunteers and students
34New regulations 103A and 103B inserted
35Child enrolment records to be kept by approved provider
36Authorisations to be kept in enrolment record
37Children's service must have policies and procedures
38Prescribed information to be notified to Regulatory Authority
39Prescribed enrolment and other documents to be kept by approved provider
40Confidentiality of records kept by approved provider
41Item 7 of Schedule 3 substituted
42Schedule 4 amended
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Endnotes
STATUTORY RULES 2024
S.R. No. 12/2024
Children's Services Act 1996
Children's Services Amendment Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 20 February 2024
Responsible Minister:
LIZZIE BLANDTHORN
Minister for Children
ANGELA SMITH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Children's Services Regulations 2020 in relation to—
(a)service approvals; and
(b)policies and procedures; and
(c)operational and safety requirements; and
(d)staffing requirements, qualifications and training; and
(e)fees; and
(f)other matters.
2Authorising provision
These Regulations are made under section 191 of the Children's Services Act 1996.
3Commencement
(1)These Regulations (other than regulation 29) come into operation on 2 April 2024.
(2)Regulation 29 comes into operation on 1 July 2024.
4Principal Regulations
In these Regulations, the Children's Services Regulations 20201 are called the Principal Regulations.
5Definitions
In regulation 5(1) of the Principal Regulations—
(a)insert the following definitions—
"approved early childhood teaching qualification means a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved early childhood teaching qualifications published under regulation 137 of the national regulations;
approved education and care qualification, in regulations 92A and 94, means—
(a)an approved certificate III level education and care qualification; or
(b)an approved diploma level education and care qualification; or
(c)an approved early childhood teaching qualification;
multi-storey building means a building with more than 2 storeys;
regular transportation, in relation to a children's service, means the transportation by the service or arranged by the service (other than as part of an excursion) of a child being educated and cared for by the service, where the circumstances relevant to a risk assessment are substantially the same for each occasion on which the child is transported;
storey, of a building, includes the following—
(a)the ground level;
(b)a level of a split level;";
(b)in paragraph (b) of the definition of regular outing, after "are" insert "substantially".
6Application for provider approvals by individual
In regulation 12(f) of the Principal Regulations, for "working with children assessment notice" substitute "WWC clearance".
7Matters relating to criminal history
In regulation 14(a)(i) of the Principal Regulations, for "working with children assessment notice" substitute "WWC clearance".
8Application by individual executor for provider approval
In regulation 18(g) of the Principal Regulations, for "working with children assessment notice" substitute "WWC clearance".
9Application by individual for provider approval on incapacity of approved provider
In regulation 20(g) of the Principal Regulations, for "working with children assessment notice" substitute "WWC clearance".
10Application for service approval
After regulation 22(h) of the Principal Regulations insert—
"(ha)a description of any proposed regular transportation of children by or arranged by the children's service;".
11Additional information about proposed children's service premises
After regulation 23(1)(b) of the Principal Regulations insert—
"(ba)if the proposed children's service premises will be located within a multi-storey building shared with other occupants—
(i)the total number of storeys in the building; and
(ii)the storey or storeys on which the premises will be located; and
(iii)if the premises will be located on more than one storey, the ages of the children who will attend on each storey;".
12Application for service approval for a children's service—relocation of existing children's service
In regulation 24(3)(c) of the Principal Regulations, after "23(1)(b)," insert "(ba),".
13Additional matters to have regard to in determining application for service approval
In regulation 25 of the Principal Regulations—
(a)in paragraph (b), for "approval." substitute "approval;";
(b)after paragraph (b) insert—
"(c)in the case of a proposed children's service to be located within a multi‑storey building shared with other occupants, for each storey on which the service is proposed to be located, whether there is direct egress to an assembly area to allow the safe evacuation of all children attending the service, including non-ambulatory children.".
14Service waiver—prescribed requirements
In regulation 37 of the Principal Regulations, for "75, 76" substitute "76, 77".
15Temporary waiver—prescribed requirements
In regulation 40 of the Principal Regulations, for "75, 76" substitute "76, 77".
16Documenting of child assessments or evaluations for delivery of educational program
In regulation 43(1)(b) of the Principal Regulations, for "evaluations of the child's wellbeing, development and learning" substitute "evidence of the development of the program".
17Regulation 50 revoked
Regulation 50 of the Principal Regulations is revoked.
18Regulation 53 substituted
For regulation 53 of the Principal Regulations substitute—
"53 Awareness of child protection law
(1)The approved provider of a children's service must ensure that a person specified in subregulation (2) is advised of—
(a)the existence and application of any child protection law; and
(b)any obligations that the person may have under that law.
Penalty:5 penalty units.
Note
A compliance direction may be issued for failure to comply with this regulation.
(2)The following persons are specified—
(a)a nominated supervisor of the service;
(b)a staff member of the service;
(c)a volunteer at the service;
(d)a student who participates in the service.".
19New Division 2A of Part 4 inserted
After regulation 53 of the Principal Regulations insert—
"Division 2A—Sleep and rest
53ASleep and rest
(1)The approved provider of a children's service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, developmental stages and individual needs of the children.
Penalty:5 penalty units.
Note
A compliance direction may be issued for failure to comply with this subregulation.
(2)A nominated supervisor of a children's service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, developmental stages and individual needs of the children.
Penalty:5 penalty units.
53BSleep and rest policies and procedures
The sleep and rest policies and procedures required under regulation 112(2)(a)(v) must address—
(a)how children will be protected from any risks identified in a risk assessment conducted under regulation 53C; and
(b)how the sleep and rest needs of children being educated and cared for by the service are met, including how the ages, developmental stages and the sleep and rest needs of individual children are considered; and
(c)how the health care needs of individual children being educated and cared for by the service are met; and
(d)how requests from families about a child's sleep and rest and cultural preferences are considered; and
(e)supervision and monitoring during sleep and rest periods, including—
(i)the method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods; and
(ii)the documentation of sleep and rest periods; and
(f)how the sleep and rest practices at the service are consistent with any current health guidelines on the best practices to adopt to ensure the safety of children during sleep and rest; and
(g)the induction, training and knowledge of staff who educate and care for children at the service in relation to best practices for children's sleep and rest; and
(h)the location and arrangement of sleep and rest areas at the service and how this meets the sleep and rest needs of children being educated and cared for by the service; and
(i)safety and suitability of cots, bedding and bedding equipment, having regard to the ages and developmental stages of children who will use the cots, bedding and bedding equipment; and
(j)management of potential hazards—
(i)in sleep and rest areas; and
(ii)on a child during sleep and rest periods; and
(k)management of physical safety and suitability of sleep and rest environments (including temperature, lighting and ventilation); and
(l)communication of the sleep and rest policies and procedures to a parent.
53CRisk assessment for purposes of sleep and rest policies and procedures
(1)The approved provider of a children's service must ensure that a sleep and rest risk assessment is conducted in accordance with this regulation—
(a)at least once every 12 months; and
(b)as soon as practicable after becoming aware of any circumstance that may affect the safety, health or wellbeing of children during sleep and rest.
Penalty:10 penalty units.
Note
A compliance direction may be issued for failure to comply with this subregulation.
(2)A risk assessment must consider the following—
(a)the number, ages and developmental stages of children being educated and cared for by the service;
(b)the sleep and rest needs of children being educated and cared for (including health care needs, cultural preferences, sleep and rest needs of individual children and requests from families about a child's sleep and rest) by the service;
(c)the suitability of staffing arrangements to adequately supervise and monitor children during sleep and rest periods;
(d)the level of knowledge and training of staff supervising children during sleep and rest periods;
(e)the location of sleep and rest areas, including the arrangement of cots and beds within the sleep and rest areas at the service;
(f)the safety and suitability of any cots, beds and bedding equipment, having regard to the ages and developmental stages of the children who will use the cots, bed and bedding equipment;
(g)any potential hazards—
(i)in sleep and rest areas; or
(ii)on a child during sleep and rest periods;
(h)the physical safety and suitability of sleep and rest environments (including temperature, lighting and ventilation) at the service.
(3)As soon as practicable after conducting a risk assessment under this regulation, the approved provider of a children's service must make any necessary updates to the sleep and rest policies and procedures.
(4)The approved provider must keep a record of each risk assessment conducted under this regulation.
53DProhibition of bassinets
(1)The approved provider of a children's service must ensure that a bassinet is not on the children's service premises at any time during which children are being educated and cared for by the service.
Penalty:10 penalty units.
Note
A compliance direction may be issued for failure to comply with this subregulation.
(2)A nominated supervisor of a children's service must ensure that a bassinet is not on the children's service premises at any time during which children are being educated and cared for by the service.
Penalty:10 penalty units.".
20Emergency and evacuation procedures
(1)In regulation 66(1)(b) of the Principal Regulations, for "plan." substitute "plan; and".
(2)After regulation 66(1)(b) of the Principal Regulations insert—
"(c)if the children's service premises is located within a multi-storey building shared with other occupants and on a storey with no direct egress to an assembly area—
(i)all possible evacuation routes from each storey on which the premises is located; and
(ii)the evacuation routes that are proposed to be used in an evacuation; and
(iii)how all children will be safely evacuated from the premises, including non-ambulatory children; and
(iv)the stages in which an evacuation will be carried out; and
(v)the identity of the person in charge of an evacuation; and
(vi)the roles and responsibilities of staff members during an evacuation; and
(vii)the arrangements made with the other occupants of the multi-storey building in relation to the evacuation of the multi-storey building.".
(3)After regulation 66(2) of the Principal Regulations insert—
"(2A)The approved provider of a children's service must review the risk assessment conducted under subregulation (2)—
(a)at least once every 12 months; and
(b)as soon as practicable after becoming aware of any circumstance that may affect the safe evacuation of children from the service.
Penalty:10 penalty units.
Note
A compliance direction may be issued for failure to comply with this subregulation.
(2B)As soon as practicable after reviewing the risk assessment under subregulation (2A), the approved provider of a children's service must make any necessary updates to the emergency and evacuation policies and procedures.
Penalty:10 penalty units.".
21Children leaving the children's service premises
After regulation 68(3)(c) of the Principal Regulations insert—
"(ca)is transported by the service or on transportation arranged by the service in accordance with Division 7B; or".
22Risk assessment must be conducted before excursion
In regulation 69(1) and (2) of the Principal Regulations, for "is sought under regulation 71" substitute "referred to in regulation 71(3) is sought" .
23Conduct of risk assessment for excursion
For regulation 70(2)(d) of the Principal Regulations substitute—
"(d)if the excursion involves transporting children—
(i)the means of transport; and
(ii)any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the child is being transported; and
(iii)the process for entering and exiting—
(A)the children's service premises; and
(B)the pick-up location or destination (as required); and
(iv)procedures for embarking and disembarking the means of transport, including how each child is to be accounted for on embarking and disembarking; and".
24Authorisation for excursions
In regulation 71(3) of the Principal Regulations—
(a)after "authority" insert ", given by a parent,";
(b)for paragraph (c) substitute—
"(c)if the authorisation is for a regular outing, a description of when the child is to be taken on the regular outings; and
(ca)if the authorisation is for an excursion that is not a regular outing, the date the child is to be taken on the excursion; and";
(c)for paragraph (e) substitute—
"(e)if the excursion involves transporting children—
(i)the means of transport; and
(ii)any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the child is being transported; and".
25New Divisions 7A and 7B of Part 4 inserted
After regulation 71 of the Principal Regulations insert—
"Division 7A—Safe arrival of children
71ADefinition
In this Division—
education or early childhood service means—
(a)a school; or
(b)an education and care service; or
(c)a children's service; or
(d)any other service which provides education or care to children.
71BSafe arrival of children policies and procedures
(1)The safe arrival of children policies and procedures required under regulation 112(2)(gb) must set out the procedures to be followed by a children's service to ensure the safe arrival of children who travel between a children's service and any other education or early childhood service.
(2)In preparing the safe arrival of children policies and procedures, the approved provider of a children's service must consult with—
(a)staff of the service; and
(b)parents of children being educated and cared for by the service; and
(c)children being educated and cared for by the service (if applicable).
71CRisk assessment for the purposes of safe arrival of children policies and procedures
(1)For the purposes of preparing the safe arrival of children policies and procedures under regulation 71B(1), the approved provider of a children's service must ensure that a risk assessment is conducted in accordance with this regulation.
Penalty:10 penalty units.
Note
A compliance direction may be issued for failure to comply with this subregulation.
(2)The approved provider must conduct a risk assessment—
(a)at least once every 12 months; and
(b)as soon as practicable after becoming aware of any circumstance that may affect the safe arrival of children travelling between a children's service and any other education or early childhood service.
(3)A risk assessment must—
(a)identify and assess any risks that a child's travel between a children's service and any other education or early childhood service may pose to the safety, health or wellbeing of the child; and
(b)specify how the identified risks will be managed and minimised.
(4)Without limiting subregulation (3), a risk assessment must consider the following, in respect of a child who travels between a children's service and any other education or early childhood service—
(a)the age, developmental stage and individual needs of the child;
(b)the role and responsibilities of the following persons (if applicable)—
(i)the nominated supervisor of each service;
(ii)the child's parent;
(iii)an authorised nominee named in the child's enrolment record;
(iv)a person authorised by—
(A)the child's parent; or
(B)an authorised nominee named in the child's enrolment record;
(c)the role and responsibilities of the service the care of which the child is entering or leaving;
(d)the communication arrangements between the service the child is leaving and the service the child is entering including any communication arrangements if the child is missing or cannot be accounted for during the child's travel;
(e)the procedure to be followed by the service if the service has identified that the child is missing or cannot be accounted for during the child's travel;
(f)given the risks posed by the child's travel, the number of educators or other responsible adults that are appropriate to provide supervision;
(g)the proposed route and destination, including any proximity to harm and hazards;
(h)the process for entering and exiting—
(i)the service premises; and
(ii)the pick-up location or destination (as required);
(i)the procedure to be followed by the service to ensure the child leaves the service premises in accordance with regulation 68(3)(b).
(5)If, after conducting a risk assessment, a risk relating to a child's travel is identified, the approved provider must make any necessary updates to the safe arrival of children policies and procedures as soon as practicable.
(6)The approved provider must keep a record of each risk assessment conducted under this regulation.
Division 7B—Transportation of children other than as part of an excursion
71DApplication of Division
This Division does not apply to transportation of a child by or arranged by a children's service that is undertaken as part of an excursion.
71ETransport risk assessment must be conducted before service transports child
(1)The approved provider of a children's service must ensure a risk assessment is carried out in accordance with regulation 71F before an authorisation referred to in regulation 71G(3) is sought to transport a child.
Penalty:10 penalty units.
Note
A compliance direction may be issued for failure to comply with this subregulation.
(2)A nominated supervisor of a children's service must ensure a risk assessment is carried out in accordance with regulation 71F before an authorisation referred to in regulation 71G(3) is sought to transport a child.
Penalty:10 penalty units.
(3)A risk assessment is not required under this regulation for transporting a child if—
(a)the transportation is regular transportation; and
(b)a risk assessment has been conducted for the regular transportation of the child within the previous 12 months.
71FConduct of risk assessment for transporting of children by the children's service
(1)A risk assessment for the transportation of a child by or arranged by the children's service must—
(a)identify and assess risks that transporting the child may pose to the safety, health or wellbeing of the child; and
(b)specify how the identified risks will be managed and minimised.
(2)Without limiting subregulation (1), a risk assessment must consider—
(a)the proposed route and duration of the transportation; and
(b)the proposed pick-up location and destination; and
(c)the means of transport; and
(d)any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the child is being transported; and
(e)any water hazards; and
(f)the number of adults and children involved in the transportation; and
(g)given the risks posed by transportation, the number of educators or other responsible adults that is appropriate to provide supervision and whether any adults with specialised skills are required; and
(h)whether any items should be readily available during transportation; and
Example
A mobile phone and a list of emergency contact numbers for the children being transported.
(i)the process for entering and exiting—
(i)the children's service premises; and
(ii)the pick-up location or destination (as required); and
(j)procedures for embarking and disembarking the means of transport, including how each child is to be accounted for on embarking and disembarking.
71GAuthorisation for service to transport children
(1)The approved provider of a children's service must ensure that a child being educated and cared for by the service is not transported by the service or on transportation arranged by the service unless written authorisation has been given under subregulation (3).
Penalty:5 penalty units.
(2)A nominated supervisor of a children's service must ensure that a child being educated and cared for by the service is not transported by the service or on transportation arranged by the service unless written authorisation has been given under subregulation (3).
Penalty:5 penalty units.
(3)The authorisation must be given by a parent or other person named in the child's enrolment record as having authority, given by a parent, to authorise the child being transported by the service or on transportation arranged by the service and must state—
(a)the child's name; and
(b)the reason the child is to be transported; and
(c)if the authorisation is for regular transportation, a description of when the child is to be transported; and
(d)if the authorisation is not for regular transportation, the date the child is to be transported; and
(e)a description of the proposed pick-up location and destination; and
(f)the means of transport; and
(g)the period of time during which the child is to be transported; and
(h)the anticipated number of children likely to be transported; and
(i)the anticipated number of staff members and any other adults who will accompany and supervise the children during the transportation; and
(j)any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the child is being transported; and
(k)that a risk assessment has been prepared and is available at the children's service; and
(l)that written policies and procedures for transporting children are available at the children's service.
(4)If the transportation is regular transportation, the authorisation is only required to be obtained once in a 12 month period.
71HChildren embarking a means of transport
(1)This regulation applies in relation to the regular transportation of children by or arranged by a children's service.
(2)The approved provider of the service must ensure the requirements under subregulation (4) are complied with in relation to children embarking a means of transport at the children's service premises.
Penalty:10 penalty units.
(3)A nominated supervisor of the service must ensure the requirements under subregulation (4) are complied with in relation to children embarking a means of transport at the children's service premises.
Penalty:10 penalty units.
(4)The requirements are that—
(a)a staff member or nominated supervisor of the service, who is not driving the means of transport, is present when the children embark the means of transport at the children's service premises; and
(b)each child embarking the means of transport at the children's service premises is accounted for by the person referred to in paragraph (a); and
(c)immediately after all the children have embarked the means of transport at the children's service premises, a record is made that—
(i)confirms each child referred to in paragraph (b) has been accounted for; and
(ii)states how each child referred to in paragraph (b) has been accounted for; and
(iii)states the date and time the record is made; and
(iv)states the name of, and is signed by, the person referred to in paragraph (a).
(5)Nothing in this regulation prevents the person referred to in subregulation (4)(a) from being counted as an educator in calculating the educator to child ratio of the service under Subdivision 2 of Division 11 of Part 4.
71IChildren disembarking a means of transport
(1)This regulation applies in relation to the regular transportation of children by or arranged by a children's service.
(2)The approved provider of the service must ensure the requirements under subregulation (4) are complied with in relation to children disembarking a means of transport at the children's service premises.
Penalty:10 penalty units.
(3)A nominated supervisor of the service must ensure the requirements under subregulation (4) are complied with in relation to children disembarking a means of transport at the children's service premises.
Penalty:10 penalty units.
(4)The requirements are that—
(a)a staff member or nominated supervisor of the service, who is not driving the means of transport, is present when the children disembark the means of transport at the children's service premises; and
(b)each child disembarking the means of transport at the children's service premises is accounted for by the person referred to in paragraph (a); and
(c)the person referred to in paragraph (a) examines the interior of the means of transport to confirm no children remain on the means of transport; and
(d)immediately after all the children have disembarked the means of transport at the children's service premises, a record is made that—
(i)confirms each child referred to in paragraph (b) has been accounted for; and
(ii)states how each child referred to in paragraph (b) has been accounted for; and
(iii)states the examination referred to in paragraph (c) has been carried out; and
(iv)states the date and time the record is made; and
(v)states the name of, and is signed by, the person referred to in paragraph (a).
(5)Nothing in this regulation prevents the person referred to in subregulation (4)(a) from being counted as an educator in calculating the educator to child ratio of the service under Subdivision 2 of Division 11 of Part 4.".
26Occasional care services—educator qualifications
In regulation 91(1)(a) and (b) of the Principal Regulations, for "have" substitute "hold".
27New regulation 92A inserted
After regulation 92 of the Principal Regulations insert—
"92A Illness or absence of a qualified educator
(1)This regulation applies if an educator referred to in regulation 91(1)(a) or (b) or 92 is absent from an occasional care service or a limited hours service in any of the following circumstances—
(a)short-term illness;
(b)the educator's resignation;
(c)a practicum placement required to be undertaken by the educator for an approved education and care qualification;
(d)leave.
(2)During the educator's absence, for the purposes of regulation 91(1)(a) or (b) or 92, a person who holds a qualification in primary teaching may be taken to hold an approved diploma level education and care qualification or an approved certificate III level education and care qualification (as the case requires).
(3)An educator may be replaced in accordance with subregulation (2) for a maximum of 30 days in any 12 month period.
(4)For the purposes of subregulation (3), in relation to a part-time educator, 30 days is to be calculated on a pro rata basis.".
28Illness or absence of early childhood teacher
(1)In regulation 94(1) of the Principal Regulations, for "short-term illness or leave" substitute "a circumstance specified in subregulation (4)".
(2)After regulation 94(3) of the Principal Regulations insert—
"(4)For the purposes of subregulation (1), the following circumstances are specified—
(a)short-term illness;
(b)the resignation of the early childhood teacher;
(c)a practicum placement required to be undertaken by the early childhood teacher for an approved education and care qualification;
(d)leave.".
29First aid qualifications
After regulation 95(3) of the Principal Regulations insert—
"(3A)For the purposes of this regulation—
(a)an approved first aid qualification is taken to be current if—
(i)in the case of emergency life support training and cardio‑pulmonary resuscitation training that forms part of the approved first aid qualification, the training was completed within the previous year; and
(ii)in the case of any other training that forms part of the approved first aid qualification, the training was completed within the previous 3 years; and
(b)approved anaphylaxis management training is taken to be current if the training was completed within the previous 3 years; and
(c)approved emergency asthma management training is taken to be current if the training was completed within the previous 3 years.".
30WWC clearance to be read
(1)For the heading to regulation 96 of the Principal Regulations substitute—
"WWC clearance to be read".
(2)In regulation 96(1), (2), (3) and (4)(a) of the Principal Regulations, for "working with children assessment notice" substitute "WWC clearance".
31Nominated supervisor
In regulation 98(d)(i) of the Principal Regulations—
(a)for "working with children assessment notice" substitute "WWC clearance";
(b)for "that notice" substitute "that clearance".
32Staff members
In regulation 99(d)(i) of the Principal Regulations—
(a)for "working with children assessment notice" substitute "WWC clearance";
(b)for "that notice" substitute "that clearance".
33Volunteers and students
For regulation 100(1) of the Principal Regulations substitute—
"(1)The staff record must include the following information in relation to each student or volunteer who participates in the children's service—
(a)the full name, address and date of birth of the student or volunteer;
(b)a record of the identifying number of the student's or volunteer's current WWC clearance and the expiry date of that clearance;
(c)if the student or volunteer has provided proof of their current teacher registration, a record of the identifying number of the teacher registration and the expiry date of that registration.".
34New regulations 103A and 103B inserted
After regulation 103 of the Principal Regulations insert—
"103A Record of replacement of educator
The approved provider of an occasional care service or a limited hours service must keep a record of an educator who is replaced in accordance with regulation 92A that includes the following information—
(a)the full name of the educator;
(b)the qualification that the educator who is replaced holds, or is actively working towards, for the purposes of regulation 91 or 92;
(c)the qualification of the person who replaced the educator;
(d)the dates on which the educator was replaced;
(e)the reason for the educator's absence.
Note
See regulation 92A(1) for the circumstances in which an educator may be absent from an occasional care service or limited hours service.
103BRecord of replacement of early childhood teacher
The approved provider of an occasional care service must keep a record of an early childhood teacher who is replaced in accordance with regulation 94 that includes the following information—
(a)the full name of the early childhood teacher;
(b)the qualification of the person who replaced the early childhood teacher;
(c)the dates on which the early childhood teacher was replaced;
(d)the reason for the early childhood teacher's absence.
Note
See regulation 94(4) for the circumstances in which an early childhood teacher may be absent from an occasional care service.".
35Child enrolment records to be kept by approved provider
In regulation 108(2)(b) of the Principal Regulations—
(a)in paragraph (v), for "premises;" substitute "premises; and";
(b)after paragraph (v) insert—
"(vi)any person who is authorised to authorise the children's service to transport the child or arrange transportation of the child;".
36Authorisations to be kept in enrolment record
In regulation 109 of the Principal Regulations—
(a)in paragraph (b), for "outings." substitute "outings; and";
(b)after paragraph (b) insert—
"(c)if relevant, an authorisation given under regulation 71G(3) for regular transportation of the child.".
37Children's service must have policies and procedures
(1)In regulation 112(2)(a)(v) of the Principal Regulations, for "children;" substitute "children, including the matters set out in regulation 53B;".
(2)After regulation 112(2)(g) of the Principal Regulations insert—
"(ga)if the service transports or arranges transportation of children other than as part of excursions, transportation including procedures complying with Division 7B of Part 4;
(gb)the safe arrival of children who travel between a children's service and any other education or early childhood service within the meaning of regulation 71A, including the matters set out in regulation 71B;".
(3)For regulation 112(2)(h) of the Principal Regulations substitute—
"(h)providing a child safe environment, including matters relating to—
(i)the promotion of a culture of child safety and wellbeing within the service; and
(ii)the safe use of online environments at the service;".
(4)For regulation 112(2)(o) of the Principal Regulations substitute—
"(o)dealing with complaints, including matters relating to—
(i)the provision of a complaint handling system at the service that is child focused; and
(ii)the management of a complaint that alleges a child is exhibiting harmful sexual behaviours.".
38Prescribed information to be notified to Regulatory Authority
In regulation 118(2) of the Principal Regulations—
(a)after paragraph (a) insert—
"(ab)any change to the ages of children being educated or cared for by the children's service;
(ac)any change to the nature of education and care offered by the children's service;
Example
If a children's service educates and cares for children over preschool age and the service proposes to offer education and care to children who are preschool age and under.";
(b)in paragraph (f), for "Act)." substitute "Act);";
(c)after paragraph (f) insert—
"(g)for a children's service that starts providing, or arranging for, regular transportation of children—the first time the service provides, or arranges for, the transportation of children;
(h)for a children's service that stops providing, or arranging for, regular transportation of children—the final time the service provides, or arranges for, the transportation of children.".
39Prescribed enrolment and other documents to be kept by approved provider
(1)After regulation 120(1)(c) of the Principal Regulations insert—
"(ca)a record of children embarking a means of transport at the children's service premises as set out in regulation 71H(4)(c);
(cb)a record of children disembarking a means of transport at the children's service premises as set out in regulation 71I(4)(d);".
(2)In regulation 120(3)(a) of the Principal Regulations, for "subregulation (4)" substitute "subregulations (4) and (5)".
(3)After regulation 120(4) of the Principal Regulations insert—
"(5)Before disclosing to a parent of a child enrolled at the service any personal information relating to a person specified in subregulation (6) that is contained in a document referred to in subregulation (1), the approved provider must obtain the written consent of the person to whom the personal information relates to the disclosure of that personal information.
(6)The following persons are specified—
(a)a parent of a child enrolled at the service, if that person is not the parent making the request under subregulation (3)(a);
(b)a person who is required to be notified of an emergency involving a child enrolled at the service if a parent of the child cannot be immediately contacted;
(c)an authorised nominee of a child enrolled at the service;
(d)a person who is authorised to consent to medical treatment of, or to authorise administration of medication to, a child enrolled at the service;
(e)a person who is authorised to authorise an educator to take a child enrolled at the service outside the service premises;
(f)a person who is authorised to authorise the service to transport a child enrolled at the service or arrange transportation of a child enrolled at the service.
(7)A person who has given their written consent under subregulation (5) may withdraw their consent in writing at any time before the personal information is disclosed.
(8)In this regulation—
personal information has the same meaning as it has in the Privacy and Data Protection Act 2014.".
40Confidentiality of records kept by approved provider
For regulation 122(b) of the Principal Regulations substitute—
"(b)a parent of the child to whom the information relates in accordance with regulation 120 (except in the case of information kept in a staff record); or".
41Item 7 of Schedule 3 substituted
In Schedule 3 to the Principal Regulations, for item 7 substitute—
"7 Section 53(2)(c) Application to
amend service approval
7 fee units 7 fee units". 42Schedule 4 amended
(1)In Schedule 4 to the Principal Regulations omit the words and expressions beginning "Regulation 50(1)" and ending "rest".
(2)In Schedule 4 to the Principal Regulations, for the words and expressions beginning "Regulation 53" and ending "law" substitute—
"Regulation 53(1) Awareness of child protection law
Regulation53A(1) Reasonable steps to ensure that the needs for sleep and rest of children are met
Regulation 53C(1) Risk assessment for the purposes of preparing sleep and rest policies and procedures
Regulation 53D(1) Prohibition of bassinets".
(3)In Schedule 4 to the Principal Regulations, after "Regulation 66(2)," insert "(2A),".
(4)In Schedule 4 to the Principal Regulations, after the words and expressions beginning "Regulation 67" and ending "equipment" (where first occurring) insert—
"Regulation 71C(1) Risk assessment for the purposes of preparing safe arrival of children policies and procedures
Regulation 71E(1) Transport risk assessment must be conducted before service transports child".
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ENDNOTES
1 Reg. 4: S.R. No. 32/2020.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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