Children's Services Regulations 2009 (Vic)

Version No. 013

Children's Services Regulations 2009

S.R. No. 53/2009

Version incorporating amendments as at

7 May 2019

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Revocation

5Definitions

Part 2—Licensing of children's services

Division 1—Applications for approval of premises

6Application for approval of premises

Division 2—Types of licences

7Types of licences

Division 3—Applications for licences

8Application for licence

Division 4—Prescribed conditions on licences

9Prescribed conditions

10Condition limiting number of school children cared for

11Conditions applying to licences to operate limited hours services

12Conditions applying to licences to operate short term services

13Conditions applying to licences to operate school holidays care services

Division 5—Applications for approval of nominees

15Approval of new nominees

Division 6—Applications for renewals and variations of licences

17Renewal of licence to operate a children's service

19Renewal of licence—late application fee

20Variation or removal of licence condition

21Variation of period of licence

Division 7—Suspension and cancellation of licences

22Application for voluntary suspension of licence

23Cancellation of licence at request of licensee

Division 8—Information not prescribed for certain classes of applications

24Information not prescribed for certain classes of applications

Part 2A—Service approvals for approved associated children's services

24AApplication for approval of new nominees and primary nominees

24ABNotice of change to primary nominee

24BApplication for voluntary suspension of service approval for approved associated children's service

24CCancellation of service approval for approved associated children's service at request of approved provider

Part 2B—Registers

25Register of licensed children's services and approved associated children's services

26Fees for copies and extracts

Part 3—Records

Division 1—Enrolment and other documents

28Enrolment and other documents

Division 2—Attendance records

29Attendance record kept by proprietor of a children's service

Division 3—Child enrolment records

31Child enrolment records—general

33Authorisations to be kept in child enrolment record

34Health information to be kept in child enrolment record

35Confidentiality of child enrolment records

Division 4—Medication records and accident, injury, trauma and illness records

36Matters to be recorded in medication record

37Matters to be recorded in accident, injury, trauma and illness record

Division 5—Staff records

38Matters to be recorded in staff record

Part 4—Provision and display of information

40Information to be displayed at children's service

41Information to be made available at children's service

42Notice of changes to information

43Information to be available—anaphylaxis management policy

44Information to be available—accident, injury, trauma and illness record

Part 5—Staffing

Division 1—Minimum staff requirements

50Minimum staff requirements

51Minimum staff requirements—certain school holidays care services

52Minimum hours of teaching staff—services educating and caring for 25 or more children

52AMinimum hours of teaching staff—services educating or caring for fewer than 25 children

Division 2—Child/staff ratios

53Child/staff ratios—standard services

54Child/staff ratios—school holidays care services

55Child/staff ratios—limited hours services

56Child/staff ratios—short term services

57Qualified staff members

58Proportion of volunteers counted in child/staff ratio

59Alternative process for determining certain child/staff ratios

Division 3—Qualifications and training

60Minimum training

62Secretary may declare qualifications or training

63Staff members to have first aid and anaphylaxis management training

65Adrenaline auto-injection device and CPR training

66Secretary may approve first aid and anaphylaxis management training

67Anaphylaxis training where child diagnosed as at risk

68Health of staff members

70Assessment notices

70AAssessment notices—approved associated children's services

Part 6—Health and welfare of children

Division 1—Access to and removal of children from the premises

71Access to the premises

72Collection of children

73Authorisation for removal of child by staff member

74Additional requirements where child removed by staff member

75Removal of child in emergency

Division 2—Safety

76Emergency procedures

77Communication equipment

Division 3—Personal hygiene, food and beverage requirements and smoke-free environment

78Personal hygiene needs of children

79Water to be available

80Food and beverage requirements

81Food provided by the children's service

82Smoke-free environment

Division 4—Administration of medication

83Authorisation to administer medication

Division 5—First aid and illness

84First aid kit

86Provision of first aid

87Anaphylaxis management policy

88Sick or injured child

89Notification of infectious disease

Division 6—Serious incidents

90Secretary to be notified of a serious incident

91Parents to be notified of a serious incident

Part 7—Equipment and Facilities

Division 1—Application of Part

92Provisions which do not apply to particular services

Division 2—Equipment

93Equipment

Division 3—Rooms and space

95Children's rooms

95AChildren's rooms—approved associated children's services

96Area of children's rooms

97Outdoor space

98Outdoor space—school holidays care services

99Fencing

100Administration room

Division 4—Toileting, rest and food preparation facilities

101Toilet and washing facilities

102Nappy changing facilities

103Sleep and rest facilities

104Food preparation facilities

Part 8—General

105Complaints

106Act and Regulations to be available

Part 9—Transitional and saving provisions

Division 1—Interpretation

107Definitions

Division 2—Provisional licences

108Provisional licences

Division 3—Existing applicants

109Transitional provision with respect to pending applications for approvals in principle

110Transitional provisions for applicants for a licence to operate a children's service—general

111Transitional provisions for applicants for a licence to operate a restricted children's service

Division 4—Existing licensed children's services

112Savings provision for fit and proper persons for existing licensed children's services

113Savings provision for nominees for existing licensed children's services

114Transitional provision with respect to existing licensed children's services—standard services

115Transitional provisions for existing licensed children's services—restricted hours services

116Transitional provisions to merge licences into an integrated licence

Division 5—Training and staffing

117Transitional provision with respect to teaching staff members

118Transitional provisions with respect to minimum training

119Transitional provision with respect to minimum training—outside school hours care services

120Transitional provision with respect to minimum training—family day care services

121Transitional provisions with respect to child/staff ratios

122Transitional provisions for first aid training

123Transitional provision for minimum ages of staff members

Division 6—Miscellaneous

124Saving provision for outside school hours care service

125Secretary may approve professional development courses

126Part ceases to apply on 1 January 2012

Part 10—Transitional and saving provisions—Children's Services Amendment Act 2011

127Definitions

128Transitional provision—existing licensed children's services providing education and care during school holidays

129Transitional provision with respect to teaching staff members

130Transitional provisions with respect to minimum training—services other than school holidays care services

131Transitional provisions with respect to minimum training—school holidays care services

Schedules

Schedule 1—Prescribed information

Schedule 2—Prescribed fees

Schedule 3—Anaphylaxis management policy

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 013

Children's Services Regulations 2009

S.R. No. 53/2009

Version incorporating amendments as at

7 May 2019

Part 1—Preliminary

1Objective

The objective of these Regulations is to regulate the licensing and operation of children's services.

2Authorising provision

These Regulations are made under section 56 of, and clause 3 of the Schedule to, the Children's Services Act 1996.

3Commencement

These Regulations come into operation on 25 May 2009.

4Revocation

The following Regulations are revoked—

(a)the Children's Services Regulations 1998[1];

(b)the Children's Services (Fees) Regulations 2002[2];

(c)the Children's Services (Amendment) Regulations 2004[3];

(d)the Children's Services (Fees) Regulations 2005[4];

(e)the Children's Services Further Amendment Regulations 2008[5].

5Definitions

(1)In these Regulations—

adrenaline auto-injection device means an intramuscular injection device for the automatic administration of adrenaline;

anaphylaxis management policy means the anaphylaxis management policy the children's service has in place under section 26A of the Act;

anaphylaxis medical management plan means the individual anaphylaxis medical management plan for a child diagnosed as at risk of anaphylaxis that has been developed in accordance with clause 2 of Schedule 3;

anaphylaxis medication means medication prescribed by a registered medical practitioner in respect of anaphylaxis;

assessment notice has the same meaning as in the Working with Children Act 2005;

budget based service means a children's service that—

(a)receives financial assistance under the Budget Based Funding Program element of the Child Care Services Support Program; and

(b)is not a service that receives the Child Care Benefit in relation to the provision of education and care;

building practitioner means—

(a)a building surveyor, building inspector, engineer or draftsperson registered as a building practitioner under the Building Act 1993; or

(b)an architect registered under the Architects Act 1991; or

(c)a licensed surveyor within the meaning of the Surveying Act 2004;

building surveyor's statement means a statement issued on or after 1 August 1997 by a building surveyor registered under Part 11 of the Building Act 1993 that states whether the plans and specifications of premises to be used to operate a children's service comply with the provisions of the building regulations under that Act that apply specifically to children's services;

Certificate III in Children's Services means a Certificate III in Children's Services that—

(a)is awarded by an RTO within the meaning of Part 4.1 of the Education and Training Reform Act 2006; and

(b)is approved by the Secretary under subregulation (3);

child health record means a record that documents a child's health and development assessments and immunisations for use by parents or guardians of the child and the maternal and child health service;

children's room, in relation to a children's service, means a room used exclusively for the care or education of children while the children are attending the service, but does not include a toilet, a kitchen, an administration room or any other ancillary area;

criminal history notification means a notification of any criminal history of a person within Australia issued by or on behalf of a duly authorised officer of the police force of Victoria, the Commonwealth or of another State or a Territory;

diagnosed as at risk of anaphylaxis, in relation to a child, means a child who has been diagnosed by a registered medical practitioner as at risk of anaphylaxis;

early childhood intervention service means a children's service provided for the principal purpose of providing intervention (other than purely therapeutic intervention) or support for children with a disability, additional needs or developmental delay;

early childhood intervention worker of a children's service means a person appointed or engaged (whether by the children's service or the Department) specifically to provide care and intervention for a child attending the service who has additional needs;

employee means any person employed at a children's service, including a staff member;

integrated service means a children's service that consists of 2 or more types of children's service (other than a short term service) provided at one premises by one licensee;

lawful authority means a power, duty, responsibility or authority conferred in relation to a child at common law or under an Act (including an Act of the Commonwealth) or by an order of a court;

limited hours service means—

(a)a limited hours Type 1 service; or

(b)a limited hours Type 2 service;

limited hours Type 1 service means a children's service that is established to care for or educate each child for not more than 2 hours a day and not more than a total of 6 hours a week;

Example

A children's service operating at a sport or leisure facility or a shopping centre.

limited hours Type 2 service means a children's service that is established to care for or educate each child for not more than 5 hours a day and not more than a total of 15 hours a week;

Example

A children's service operating at a Neighbourhood House.

mobile service means a children's service that—

(a)provides education and care primarily to children who are not school children; and

(b)transports its equipment and materials or staff to one or more locations on each occasion that the service is provided;

occasional care service means a children's service that provides education and care to children primarily on an ad hoc or casual basis where—

(a)the service does not usually offer full-time or all day education and care to children on an ongoing basis; and

(b)most of the children provided with education and care are not school children;

outdoor space means space that is outside a building and that provides access to sunlight and fresh air, and includes that space even if it is—

(a)enclosed by barriers or fencing (for example to provide security);

(b)a deck, terrace, patio, pergola, verandah or courtyard;

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qualified staff member means a staff member who—

(a)is a teaching staff member; or

(b)has successfully completed one of the following qualifications that has been approved by the Secretary under subregulation (2)(a)—

(i)a 2 year full-time, or part-time equivalent, post-secondary early childhood qualification; or

(ii)in the case of a school holidays care service, a 2 year full-time, or part-time equivalent, post-secondary childcare or youth recreation qualification; or

(c)holds a qualification the Secretary is satisfied is substantially equivalent or superior to a qualification referred to in paragraph (b); or

(d)holds one of the following qualifications—

(i)a qualification included in the list of approved diploma level education and care qualifications published under the national regulations; or

(ii)a qualification included in the list of approved early childhood teaching qualifications published under the national regulations; or

(e)in the case of a school holidays care service—

(i)holds a primary school teaching qualification; or

(ii)holds a qualification included in the list of qualifications for working with children over preschool age for Victoria published under the national regulations;

representative, of a licensee, means a person appointed under the Act to represent the licensee;

school child means a child who—

(a)is enrolled at a school; and

(b)is attending a school or, if the school year has not yet commenced, will attend a school from the beginning of the school year, at preparatory level or above; and

(c)will be at least 5 years of age by 30 April in the year that he or she attends or will attend school;

school holidays care service means a children's service that is established to care for or educate children for no more than 4 weeks per calendar year during school holidays;

short term service means—

(a)a short term Type 1 service; or

(b)a short term Type 2 service;

short term Type 1 service means a children's service that is established to care for or educate children for not more than 120 days in a 12 month period;

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short term Type 2 service means a children's service that is established to care for or educate children for not more than 72 hours in a 3 month period;

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staff member, in relation to a children's service—

(a)means a person who is employed or has been appointed or engaged to be responsible for the care or education of children at the children's service; or

(b)in the case of a person who is aged under 18 years, means a person who—

(i)is employed or has been appointed or engaged to be responsible for the care or education of children at the children's service; and

(ii)is under the direct supervision of a qualified staff member who is aged 18 years or over—

but does not include a volunteer or an early childhood intervention worker;

standard service means a children's service that is—

(a)an early childhood intervention service; or

(b)an occasional care service; or

(c)a mobile service; or

(d)a budget based service;

teaching staff member means a staff member who—

(a)holds an early childhood teaching qualification at degree level or above that has been approved by the Secretary under subregulation (2)(b); or

(b)holds a qualification the Secretary is satisfied is substantially equivalent or superior to a qualification referred to in paragraph (a); or

(c)holds a qualification included in the list of approved early childhood teaching qualifications published under the national regulations;

the Act means the Children's Services Act 1996;

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volunteer, in relation to a children's service, means a person who cares for or educates children at the children's service in a voluntary or honorary capacity, and includes a student or a person who is on a work experience program;

volunteer assessment notice means an assessment notice that states that the notice cannot be used in respect of child-related work engaged in for profit or gain.

(2)The Secretary may by notice in the Government Gazette—

(a)approve a qualification for the purposes of paragraph (b) of the definition of qualified staff member;

(b)approve a qualification for the purposes of paragraph (a) of the definition of teaching staff member.

(3)The Secretary may by notice in the Government Gazette approve a Certificate III in Children's Services for the purposes of paragraph (b) of the definition of Certificate III in Children's Services.

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Part 2—Licensing of children's services

Division 1—Applications for approval of premises

6Application for approval of premises

(1)For the purposes of section 9(2)(b) of the Act, the relevant prescribed information is the relevant information set out in Part 2 of Schedule 1 relating to the type of children's service for which the premises are, or are to be, used.

(2)For the purposes of section 9(2)(c) of the Act, the relevant prescribed fee is the fee set out in Part 1 of Schedule 2 that is relevant to—

(a)the type of children's service that is to be operated at the premises; and

(b)the number of places that the children's service is to offer; and

(c)the type of application for approval made under section 9(1) of the Act.

Division 2—Types of licences

7Types of licences

For the purposes of section 17 of the Act, the following types of licence are prescribed—

(a)a licence to operate a standard service;

(b)a licence to operate a school holidays care service;

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(d)a licence to operate a limited hours Type 1 service;

(e)a licence to operate a limited hours Type 2 service;

(f)a licence to operate a short term Type 1 service;

(g)a licence to operate a short term Type 2 service;

(h)a licence to operate an integrated service.

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Division 3—Applications for licences

8Application for licence

(1)For the purposes of section 18(1)(a) of the Act, the relevant prescribed information is the information set out in Part 3 of Schedule 1 that is relevant to the type of licence specified in the application.

(2)For the purposes of section 18(b)(i) of the Act, the relevant prescribed fee is the fee set out in Part 2 of Schedule 2 that is relevant to—

(a)the type of licence specified in the application; and

(b)the number of places offered by the children's service; and

(c)the term of licence sought.

(3)For the purposes of section 18(1)(b)(viii) of the Act, the application must be accompanied by the documents set out in Part 3 of Schedule 1.

Division 4—Prescribed conditions on licences

9Prescribed conditions

This Division prescribes conditions to which a licence is subject for the purposes of section 25E(4) of the Act.

10Condition limiting number of school children cared for

(1)The number of school children cared for or educated by a children's service must not exceed 30 per cent of the total number of places for children at the children's service.

(2)This condition does not apply to—

(a)a licence to operate a school holidays care service; or

(b)a component of an integrated licence that consists of a school holidays care service.

11Conditions applying to licences to operate limited hours services

(1)A limited hours Type 1 service must not care for or educate any child for more than 2 hours a day and not more than a total of 6 hours a week.

(2)A limited hours Type 2 service must not care for or educate any child for more than 5 hours a day and not more than a total of 15 hours a week.

12Conditions applying to licences to operate short term services

(1)A short term Type 1 service must not care for or educate children for more than 120 days in a 12 month period.

(2)A short term Type 2 service must not care for or educate children for more than 72 hours over a 3 month period.

13Conditions applying to licences to operate school holidays care services

(1)All the children cared for or educated by a school holidays care service must be school children.

(2)A school holidays care service may care for or educate children only during school holidays.

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Division 5—Applications for approval of nominees

15Approval of new nominees

For the purposes of section 25M of the Act—

(a)the relevant prescribed information for an application under section 25K of the Act is the information set out in Part 4 of Schedule 1; and

(b)the relevant prescribed fee for that application is 3 fee units.

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Division 6—Applications for renewals and variations of licences

17Renewal of licence to operate a children's service

(1)For the purposes of section 25N(2)(a) of the Act, the relevant prescribed information for an application to renew a licence to operate a children's service is the information set out in Division 1 of Part 6 of Schedule 1.

(2)For the purposes of section 25N(2)(b) of the Act, the relevant prescribed renewal fee for an application to which subregulation (1) applies is the fee set out in Part 3 of Schedule 2 that is relevant to—

(a)the type of licence specified in the application; and

(b)the number of places offered by the children's service; and

(c)the term of licence renewal sought.

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19Renewal of licence—late application fee

For the purposes of section 25N(4) of the Act, the prescribed late application fee is the relevant fee set out in Part 3 of Schedule 2 that is relevant to—

(a)the type of licence specified in the application; and

(b)the number of places offered by the children's service; and

(c)the term of licence renewal sought.

20Variation or removal of licence condition

(1)This regulation applies to an application under section 25P(3)(b) of the Act—

(a)to vary or revoke a condition or restriction on a licence; or

(b)to impose a new condition or restriction on a licence.

(2)For the purposes of section 25P(4)(a) of the Act, the relevant prescribed information is the information set out in Division 1 of Part 7 of Schedule 1.

(3)For the purposes of section 25P(4)(b) of the Act, the relevant prescribed fee is the fee set out in Part 4 of Schedule 2 that is relevant to—

(a)the type of licence specified in the application; and

(b)the number of places offered by the children's service.

21Variation of period of licence

(1)For the purposes of section 25P(4)(a) of the Act, the relevant prescribed information for an application to vary the period of a licence is the information set out in Division 2 of Part 7 of Schedule 1.

(2)For the purposes of section 25P(4)(b) of the Act, the relevant prescribed fee for an application referred to in subregulation (1) is the fee set out in Part 4 of Schedule 2 that is relevant to—

(a)the type of licence specified in the application; and

(b)the number of places offered by the children's service; and

(c)the licence period sought.

Division 7—Suspension and cancellation of licences

22Application for voluntary suspension of licence

(1)For the purposes of section 25S(2) of the Act, the relevant prescribed information is the information set out in Part 8 of Schedule 1.

(2)For the purposes of section 25S(3)(b) of the Act, the following conditions are prescribed—

(a)either—

(i)the premises at which the service operates will be undergoing building works or renovation during the proposed period of suspension; or

(ii)in the case of a service that is located in a rural or remote area, the number of children enrolled at the service means that it would not be viable to operate the service during the proposed period of suspension;

(b)the licence has not previously been suspended during the current term;

(c)the proposed period of suspension is no longer than 12 months.

(3)The prescribed fee for an application for voluntary suspension of a licence is—

(a)if the premises at which the service operates will be undergoing building works or renovation during the proposed period of suspension, 5 fee units; or

(b)in any other case, nil.

23Cancellation of licence at request of licensee

A request by the licensee under section 25T of the Act to cancel a licence must be accompanied by the information set out in Part 9 of Schedule 1.

Division 8—Information not prescribed for certain classes of applications

24Information not prescribed for certain classes of applications

(1)This regulation applies to the following classes of application—

(a)applications for approval of premises or alteration or extension of premises;

(b)applications for licences;

(c)applications to renew licences;

(d)applications to vary licences.

(2)The relevant information prescribed under regulation 6, 8, 17, 20 or 21 is not prescribed for an application if—

(a)that information was provided to the Secretary no more than 12 months before the date on which the application was made; and

(b)there has been no material change to that information since it was provided to the Secretary.

Note

Subregulation (2) does not limit the powers of the Secretary to request further information in accordance with the Act.

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Part 2A—Service approvals for approved associated children's services

24AApplication for approval of new nominees and primary nominees

For the purposes of section 25Y of the Act—

(a)the relevant prescribed information for an application under section 25X of the Act is the information set out in Part 12 of Schedule 1; and

(b)the relevant prescribed fee for that application is 3 fee units.

24ABNotice of change to primary nominee

For the purposes of section 25WA(2)(b) of the Act, a notice must include the prescribed information set out in Part 11A of Schedule 1.

24BApplication for voluntary suspension of service approval for approved associated children's service

(1)For the purposes of section 25ZA(2) of the Act—

(a)the relevant prescribed information for an application under section 25ZA(1) of the Act is the information set out in Part 13 of Schedule 1; and

(b)the relevant prescribed fee for that application is 3 fee units.

(2)For the purposes of section 25ZA(3)(b) of the Act, the following conditions are prescribed—

(a)either—

(i)the premises at which the service operates will be undergoing building works or renovation during the proposed period of suspension; or

(ii)in the case of a service that is located in a rural or remote area, the number of children enrolled at the service means that it would not be viable to operate the service during the proposed period of suspension;

(b)the service approval, to the extent that it relates to an approved associated children's service, has not been suspended during the previous 5 years;

(c)the proposed period of suspension is no longer than 12 months.

24CCancellation of service approval for approved associated children's service at request of approved provider

A request by the approved provider of an approved associated children's service under section 25ZB of the Act to cancel a service approval to the extent that it relates to an approved associated children's service must be accompanied by the information set out in Part 14 of Schedule 1.

Part 2B—Registers

25Register of licensed children's services and approved associated children's services

(1)For the purposes of section 53(2) of the Act, the prescribed information about a children's service other than an approved associated children's service is—

(a)the name, address, telephone and email contact details of the children's service; and

(b)the name of the licensee; and

(c)the name of the representative (if any); and

(d)the name of the primary nominee; and

(e)the number of the licence; and

(f)the type of licence; and

(g)the type of services provided by the licensee at the premises; and

(h)the date the licence was granted and the date it expires; and

(i)the maximum number of children who may be cared for or educated by the service at any one time.

(2)For the purposes of section 53(2) of the Act, the prescribed information about an approved associated children's service is—

(a)the name, address, telephone and email contact details of the approved associated children's service; and

(b)the name of the approved provider; and

(c)the name of the primary nominee; and

(d)the service approval number; and

(e)the date the service approval was granted; and

(f)the type of children's service provided by the approved provider at the premises; and

(g)the maximum number of children who may be cared for or educated by the service at any one time.

26Fees for copies and extracts

For the purposes of section 53(4) of the Act, the prescribed fee for a copy of or extract from the register kept under section 53(1) of the Act is 3 fee units.

Part 3—Records

Division 1—Enrolment and other documents

28Enrolment and other documents

(1)For the purposes of section 32B(1) of the Act, the relevant prescribed documents are—

(a)an attendance record as set out in regulation 29; and

(b)child enrolment records as set out in regulation 31; and

(c)a medication record as set out in regulation 36; and

(d)an accident, injury, trauma and illness record as set out in regulation 37; and

(e)a staff record as set out in regulation 38; and

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(g)a staff roster; and

(h)a record of the educational or recreational programs provided by the service.

(2)The proprietor of a children's service must take reasonable steps to ensure the records referred to in subregulation (1) are accurate.

Penalty:10 penalty units.

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Division 2—Attendance records

29Attendance record kept by proprietor of a children's service

(1)The proprietor of a children's service must ensure an attendance record is kept that records the following details for each child being cared for or educated by the children's service—

(a)the full name of the child;

(b)the time the child arrives and departs.

Penalty:8 penalty units.

(2)The proprietor of a children's service must ensure that, at the time each child being cared for or educated by the service arrives and departs, the attendance record is signed by—

(a)the person who delivers the child to the children's service, or the person who collects the child from the service; or

(b)a staff member.

Penalty:8 penalty units.

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Division 3—Child enrolment records

31Child enrolment records—general

The proprietor of a children's service must ensure an enrolment record is kept that includes the following information for each child enrolled at the service—

(a)the name, date of birth and address of the child;

(b)the name, address and telephone number of each parent or guardian with whom the child resides;

(c)the name, address and telephone number of any other parent or guardian of the child (if applicable);

(d)the name, address and telephone number of a person who is to be notified of any accident, injury, trauma or illness involving the child;

(e)details of any court orders provided to the proprietor relating to the powers, duties, responsibilities or authorities of any person in relation to the child or access to the child;

(f)the name, address and telephone number of each person who has lawful authority to authorise the taking of the child outside the premises of the service by a staff member of the service;

(g)the name, address and telephone number of any person who has lawful authority to—

(i)consent to the medical treatment of the child;

(ii)request or permit the administration of medication to the child;

(iii)collect the child from the service;

(h)the language used in the child's home;

(i)the relevant authorisations set out in regulation 33;

(j)the relevant health information set out in regulation 34.

Penalty:10 penalty units.

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33Authorisations to be kept in child enrolment record

The authorisations to be kept in the enrolment record for each child enrolled at the service are—

(a)an authorisation, signed by a person who has lawful authority to consent to the medical treatment of the child, for the proprietor to seek medical treatment for the child from a registered medical practitioner, hospital or ambulance service; and

*                *                *                *                *

(c)if relevant, an authorisation signed by a person whose name has been provided under regulation 31(f) for the children's service to take the child on routine outings.

34Health information to be kept in child enrolment record

The health information to be kept in the enrolment record for each child enrolled at the service is—

(a)the name, address and telephone number of the child's registered medical practitioner or medical service;

(b)details of any—

(i)special needs of the child;

(ii)allergies, including whether the child has been diagnosed as at risk of anaphylaxis;

(iii)other relevant medical conditions;

(c)any management procedure to be followed with respect to a special need, allergy or medical condition referred to in paragraph (b);

(d)details of any dietary restrictions for the child;

(e)unless paragraph (h) applies, the immunisation status of the child;

(f)if the child is diagnosed as at risk of anaphylaxis, the current anaphylaxis medical management plan for the child;

(g)if the proprietor or a staff member of the children's service has sighted a child health record for the child, a notation to that effect;

(h)in the case of a service (or any part of a service) specified in paragraph (b) of the definition of early childhood service as defined in section 3(1) of the Public Health and Wellbeing Act 2008—

(i)an immunisation status certificate within the meaning of section 147 of that Act—

(A)that is issued in relation to the child; and

(B)that is provided under section 143B of that Act; or

(ii)details of any exemption in relation to the child under section 143C of that Act.

35Confidentiality of child enrolment records

(1)The proprietor of a children's service must ensure that information in a child's enrolment record is not divulged or communicated, directly or indirectly, to another person other than—

(a)to the extent necessary for the care or education or medical treatment of the child; or

(b)to a parent or guardian of the child or another person who has lawful authority to require the information; or

(c)to the Secretary or an authorised officer; or

(d)if expressly authorised, permitted or required to be given by or under any Act or law; or

(e)with the written consent of the person who provided the information.

Penalty:10 penalty units.

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Division 4—Medication records and accident, injury, trauma and illness records

36Matters to be recorded in medication record

(1)The proprietor of a children's service must ensure that a medication record is kept that includes the details set out in subregulation (3) for each child to whom medication is or is to be administered by the service.

Penalty:8 penalty units.

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(3)The details to be recorded are—

(a)the name of the child;

(b)the authorisation to administer medication signed by a person whose name has been provided under regulation 31(g);

(c)the name of the medication to be administered;

(d)the time and date the medication was last administered;

(e)the time and date, or the circumstances under which, the medication should be next administered;

(f)the dosage of the medication to be administered;

(g)if the medication is administered to the child—

(i)the dosage that was administered; and

(ii)the time and date the medication was administered; and

(iii)the name and signature of the person who administered the medication; and

(iv)the name and signature of the person who checked the dosage administered, if regulation 83 requires the dosage to be checked by a person other than the person who administered the medication.

37Matters to be recorded in accident, injury, trauma and illness record

(1)The proprietor of a children's service must ensure that an accident, injury, trauma and illness record is kept in accordance with this regulation.

Penalty:8 penalty units.

*                *                *                *                *

(3)The accident, injury, trauma and illness record must include—

(a)details of any accident in relation to a child or injury received by a child or trauma to which a child has been subjected while being cared for or educated by the children's service, including—

(i)the name of the child; and

(ii)the circumstances leading to the accident, injury or trauma; and

(iii)the nature of the accident, injury or trauma; and

(iv)any products or structures involved; and

(v)the time and date the accident occurred, the injury was received or the child was subjected to the trauma;

(b)details of any illness which becomes apparent while the child is being cared for or educated by the children's service, including—

(i)the name of the child; and

(ii)any relevant circumstances surrounding the child becoming ill and any apparent symptoms; and

(iii)the time and date of the apparent onset of the illness;

(c)details of the action taken by the children's service in relation to any accident, injury, trauma or illness which a child has suffered while being cared for or educated by the children's service;

(d)the name of the person who was notified of any accident, injury, trauma or illness which a child has suffered while being cared for or educated by the children's service and the time and date of the notification;

(e)the name and signature of the person making an entry in the record.

(4)The information referred to in subregulation (3) must be included in the accident, injury, trauma and illness record as soon as practicable, but not later than 24 hours after the accident, injury or trauma, or the onset of the illness.

Division 5—Staff records

38Matters to be recorded in staff record

(1)The proprietor of a children's service must ensure that a staff record is kept in accordance with this regulation.

Penalty:5 penalty units.

(2)The staff record must include the following details—

(a)the name, address and date of birth of each staff member, employee and early childhood intervention worker;

(b)a copy of any relevant qualifications or certificates of completed training of each staff member;

(c)the working hours of each staff member and employee;

(d)the date each staff member undertook and completed training in the administration of an adrenaline auto-injection device and cardio-pulmonary resuscitation pursuant to regulation 65;

(e)if relevant, the date each staff member undertook and completed training in first aid and anaphylaxis management pursuant to regulation 63 or 67(2).

(3)The staff record must also include, in relation to the current assessment notice for each staff member, employee and early childhood intervention worker and the volunteer assessment notice for each volunteer—

(a)the date the notice was read by the licensee, approved provider, the primary nominee or the nominee who was present and in charge of the children's service at the time the notice was read; and

(b)the reference number of the notice; and

(c)the expiry date of the notice.

(4)If an exception in regulation 70 or 70A applies, the staff record must include details of the exception.

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Part 4—Provision and display of information

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40Information to be displayed at children's service

(1)The proprietor of a children's service must ensure the following information is displayed prominently at the main entrance to the premises where the children's service operates—

(a)the hours and days of operation of the children's service;

(b)the names of—

(i)the licensee and, if the licensee is a body corporate, a representative; or

(ii)in the case of an approved associated children's service, the approved provider and, if the approved provider is a body corporate, a responsible person;

(c)the names of all nominees, identifying which person is the primary nominee;

(d)the name of the licensee, approved provider or nominee currently present and in charge of the children's service;

(e)an outline of the educational or recreational programs provided for children cared for or educated by the service;

(f)the fees charged by the service;

(g)details of emergency evacuation procedures;

(h)the name and telephone number of the person at the children's service to whom complaints may be addressed;

(i)the address and telephone number of the responsible office of the Department;

(j)a list of the information available for inspection under regulation 41;

(k)if applicable, a notice stating that a child who has been diagnosed as at risk of anaphylaxis is being cared for or educated by the children's service.

Penalty:5 penalty units.

(2)A notice displayed under subregulation (1)(k) must not contain details that identify any child, unless a parent or guardian of the child consents to that child being identified.

41Information to be made available at children's service

The proprietor of a children's service must ensure information about the following matters is available for inspection at the children's service at all times the service is open for the care or education of children—

(a)admission requirements and enrolment procedures;

(b)arrangements for the payment of fees;

(c)the policy of the service with respect to the employment of qualified staff;

(d)the educational or recreational programs provided for children cared for or educated by the service;

(e)the policy of the service with respect to behaviour management;

(f)arrangements for the delivery and collection of children;

(g)procedures for dealing with illness and emergency care;

(h)procedures for dealing with infectious disease;

(i)provision for dealing with complaints;

(j)the anaphylaxis management policy.

Penalty:5 penalty units.

42Notice of changes to information

The proprietor of a children's service must, within 28 days of making any change to the information referred to in regulation 40 or 41, notify the parents or guardians of all children being cared for or educated by the children's service of that change.

Penalty:2 penalty units.

43Information to be available—anaphylaxis management policy

The proprietor of a children's service must provide to a parent or guardian of a child diagnosed as at risk of anaphylaxis enrolled at the service a copy of the service's anaphylaxis management policy.

Penalty:5 penalty units.

44Information to be available—accident, injury, trauma and illness record

The proprietor of a children's service must ensure that a parent or guardian of a child being cared for or educated by the children's service—

(a)may access any accident, injury, trauma and illness record for that child as soon as practicable on their request; and

(b)is provided with a copy of that record as soon as practicable on their request.

Penalty:5 penalty units.

*                *                *                *                *

Part 5—Staffing

Division 1—Minimum staff requirements

50Minimum staff requirements

The proprietor of a children's service, other than a service referred to in regulation 51, must ensure that at least 2 staff members are on duty whenever children are being cared for or educated by the children's service.

Penalty:10 penalty units.

51Minimum staff requirements—certain school holidays care services

(1)This regulation applies to a school holidays care service that—

(a)has a licence capacity of no more than 15 children; and

(b)is located in a remote or rural area where there is no other school holidays care service available within reasonable travelling distance.

(2)The proprietor of the service must ensure that whenever children are being cared for or educated by the service—

(a)a qualified staff member is on duty; and

(b)one other adult is at or near the premises where the service operates and able to attend immediately if required.

Penalty:8 penalty units.

52Minimum hours of teaching staff—services educating and caring for 25 or more children

(1AA)This regulation applies to—

(a)a standard service that is licensed or, in the case of an approved associated children's service, approved to care for and educate 25 or more children at any one time;

(b)an integrated service that includes a standard service component that is licensed to care for and educate 25 or more children at any one time.

(1)The proprietor of the service must ensure that a teaching staff member is caring for or educating children at the standard service or each standard service component for at least the lesser of—

(a)50 per cent of the time the service is open to care for or educate children; or

(b)20 hours per week.

Penalty:10 penalty units.

(2)If a teaching staff member is absent from the service because of illness or annual leave, the following persons may be taken for the purposes of subregulation (1) to be a teaching staff member during that absence—

(a)a qualified staff member; or

(b)a person who holds a qualification in primary school teaching.

(3)To avoid doubt, subregulation (2) does not apply in case of maternity leave, long service leave or other similar leave.

52AMinimum hours of teaching staff—services educating or caring for fewer than 25 children

(1)This regulation applies to—

(a)a standard children's service that is licensed or, in the case of an approved associated children's service, approved to care for and educate fewer than 25 children at any one time; or

(b)an integrated service that includes a standard service component that is licensed to care for and educate fewer than 25 children at any one time.

(2)The proprietor of the service must ensure that the standard service or each standard service component has access to a teaching staff member working with the service for at least 20 per cent of the time the service provides education or care.

Penalty:10 penalty units.

(3)If a teaching staff member is absent from the service because of illness or annual leave, the following persons may be taken for the purposes of subregulation (2) to be a teaching staff member during that absence—

(a)a qualified staff member; or

(b)a person who holds a qualification in primary school teaching.

(4)To avoid doubt, subregulation (3) does not apply in the case of maternity leave, long service leave or other similar leave.

(5)For the purposes of subregulation (2)—

(a)a teaching staff member is working with the service if he or she is carrying out activities for the service, including caring for and educating children and planning programs;

(b)the teaching staff member may be working with the service by means of information communication technology.

(6)For the purposes of this regulation the period that a teaching staff member works with a service may be calculated on a quarterly basis.

Division 2—Child/staff ratios

53Child/staff ratios—standard services

(1)For the purposes of section 29A of the Act, the prescribed number of staff members for a standard service is—

(a)if the children are aged under 3 years—

(i)1 staff member for every 4 children or fraction of that number; and

(ii)1 qualified staff member for every 12 children or fraction of that number; and

(b)if the children are aged 3 years or more—

(i)1 staff member for every 15 children or fraction of that number; and

(ii)1 qualified staff member for every 30 children or fraction of that number.

(2)Despite subregulation (1), if a standard service cares for or educates 12 children or less, the prescribed number of qualified staff members is one.

54Child/staff ratios—school holidays care services

For the purposes of section 29A of the Act, the prescribed number of staff members for a school holidays care service is—

(a)1 staff member for every 15 children or fraction of that number; and

(b)1 qualified staff member for every 30 children or fraction of that number.

55Child/staff ratios—limited hours services

(1)For the purposes of section 29A of the Act, the prescribed number of staff members and volunteers for a limited hours Type 1 service is—

(a)if the children are aged under 3 years, 1 staff member or volunteer for every 5 children or fraction of that number; and

(b)if the children are aged 3 years or more, 1 staff member or volunteer for every 15 children or fraction of that number.

(2)For the purposes of section 29A of the Act, the prescribed number of staff members and volunteers for a limited hours Type 2 service is—

(a)if the children are aged under 3 years—

(i)1 staff member or volunteer for every 5 children or fraction of that number; and

(ii)1 qualified staff member for every 15 children or fraction of that number; and

(b)if the children are aged 3 years or more—

(i)1 staff member or volunteer for every 15 children or fraction of that number; and

(ii)1 qualified staff member for every 30 children or fraction of that number.

(3)Despite subregulation (2), if a limited hours Type 2 service cares for or educates 15 children or less, the prescribed number of qualified staff members is one.

56Child/staff ratios—short term services

(1)For the purposes of section 29A of the Act, the prescribed number of staff members and volunteers for a short term Type 1 service is—

(a)if the children are aged under 3 years—

(i)1 staff member or volunteer for every 5 children or fraction of that number; and

(ii)1 qualified staff member for every 15 children or fraction of that number; and

(b)if the children are aged 3 years or more—

(i)1 staff member or volunteer for every 15 children or fraction of that number; and

(ii)1 qualified staff member for every 30 children or fraction of that number.

(2)For the purposes of section 29A of the Act, the prescribed number of staff members and volunteers for a short term Type 2 service is—

(a)if the children are aged under 3 years, 1 staff member or volunteer for every 5 children or fraction of that number; and

(b)if the children are aged 3 years or more, 1 staff member or volunteer for every 15 children or fraction of that number; and

(c)if the service cares for or educates 16 children or more, 1 qualified staff member for every 30 children or fraction of that number.

(3)Despite subregulation (1), if a short term Type 1 service cares for or educates 15 children or less, the prescribed number of qualified staff members is one.

57Qualified staff members

For the purposes of this Division, a qualified staff member may also be counted as a staff member in determining the prescribed number of staff members.

58Proportion of volunteers counted in child/staff ratio

In determining the child/staff ratio for a limited hours service or a short term service—

(a)no more than half of the individuals counted in the prescribed number of staff members may be volunteers; and

(b)a volunteer must not be counted unless he or she is aged 18 or over; and

(c)a volunteer must not be counted in the ratio of qualified staff members to children; and

(d)a volunteer must not be counted in the minimum staff requirements for the purposes of regulation 50.

59Alternative process for determining certain child/staff ratios

If a children's service referred to in regulation 53, 55 or 56 cares for or educates a child aged under 3 years, the child/staff ratio under that regulation may be determined as if all the children cared for or educated by the service were aged under 3 years.

Division 3—Qualifications and training

60Minimum training

The proprietor of a children's service must ensure each staff member caring for or educating children for the service—

(a)holds a Certificate III in Children's Services; or

(b)holds a qualification or has training the Secretary is satisfied is substantially equivalent or superior to the qualification referred to in paragraph (a); or

(ba)holds a qualification included in the list of approved certificate III level education and care qualifications published under the national regulations; or

(c)is a qualified staff member or a teaching staff member; or

(d)holds a primary school teaching qualification; or

(e)in the case of an early childhood intervention staff member, holds a qualification in a field the Secretary is satisfied is acceptable; or

(f)in the case of a school holidays care service—

(i)holds a qualification or has training referred to in paragraph (a), (b), (c) or (d); or

(ii)holds a qualification in a field the Secretary is satisfied is acceptable; or

(iii)commences obtaining a qualification or training referred to in subparagraph (i) or (ii) within 6 months of commencing to care for or educate children at the service.

Penalty:10 penalty units.

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62Secretary may declare qualifications or training

The Secretary, by notice published in the Government Gazette, may declare a qualification or training to be an equivalent or superior qualification for the purposes of regulation 60.

63Staff members to have first aid and anaphylaxis management training

(1AA)This regulation applies in respect of a staff member who is—

(a)counted in the minimum number of staff members required for the purposes of regulation 50; or

(b)a qualified staff member on duty for the purposes of regulation 51; or

(c)counted in the prescribed number of staff members or qualified staff members for the purposes of Division 2 of Part 5.

(1)The proprietor of a children's service must ensure each staff member has completed at least every 3 years the first aid training and anaphylaxis management training set out in this regulation that is approved by the Secretary in accordance with regulation 66.

Penalty:10 penalty units.

(2)The first aid training must include training in the following—

(a)emergency life support and cardio-pulmonary resuscitation;

(b)convulsions;

(c)poisoning;

(d)respiratory difficulties;

(e)management of severe bleeding;

(f)injury and basic wound care appropriate for children;

(3)Anaphylaxis management training must include training in the following—

(a)nature of severe allergic conditions;

(b)signs and symptoms and management of anaphylactic shock including administration of an adrenaline auto-injection device;

(c)risk minimisation and management strategies for allergic reactions and anaphylaxis appropriate for children.

(4)First aid training and anaphylaxis management training may be undertaken as a combined course.

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65Adrenaline auto-injection device and CPR training

(1)The proprietor of a children's service must ensure that all staff members on duty whenever children are being cared for or educated by the service have undertaken training in the following at least every 12 months—

(a)administration of the adrenaline auto-injection device;

(b)cardio-pulmonary resuscitation (CPR).

Penalty:10 penalty units.

*                *                *                *                *

66Secretary may approve first aid and anaphylaxis management training

(1)The Secretary may approve a course or courses of training to be first aid and anaphylaxis management training for the purposes of regulation 63.

(2)The Secretary must not approve a course of training under this regulation unless satisfied that the course is relevant to the needs of children.

(3)An approval by the Secretary under subregulation (1) must be published in the Government Gazette.

67Anaphylaxis training where child diagnosed as at risk

(1)This regulation applies if a child who has been diagnosed as at risk of anaphylaxis is being cared for or educated by a children's service.

(2)The proprietor of a service must ensure that all staff members on duty whenever that child is being cared for or educated by the service have undertaken training in anaphylaxis management that is approved by the Secretary under regulation 66.

Penalty:10 penalty units.

*                *                *                *                *

(4)This regulation does not apply if the staff member has undertaken training in anaphylaxis management under another provision of this Division.

68Health of staff members

(1)The proprietor of a children's service must ensure that—

(a)a staff member's health does not adversely affect the staff member's ability to care for or educate children at the children's service; and

(b)a staff member is not adversely affected by alcohol, drugs or any other deleterious substances while caring for or educating children at the children's service.

Penalty:10 penalty units.

*                *                *                *                *

(4)The proprietor of a children's service must ensure alcohol and drugs, except for those required for legitimate medical purposes, are not consumed on the premises while children are being cared for or educated by the children's service.

Penalty:10 penalty units.

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70Assessment notices

(1)A licensee must read, or must ensure the primary nominee or nominee currently present and in charge of the children's service has read, a person's current assessment notice before that person becomes an employee or is otherwise engaged as a staff member of the children's service.

Penalty:10 penalty units.

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(3)A licensee must read, or must ensure that the primary nominee or nominee currently present and in charge of the children's service has read, a person's current assessment notice or volunteer assessment notice before the person becomes a volunteer at the children's service.

Penalty:10 penalty units.

(4)A licensee must read, or must ensure the primary nominee or nominee currently present and in charge of the children's service has read, a current assessment notice for each early childhood intervention worker.

Penalty:10 penalty units.

(5)Subregulations (1), (3) and (4) do not apply in respect of a person if—

(a)an assessment notice or volunteer assessment cannot be issued for the person because of the person's age; and

(b)the person cares for or educates children at the children's service only under the immediate supervision of the proprietor or a qualified staff member of the service.

(6)Subregulations (1), (3) and (4) do not apply in respect of a person who is registered as a teacher under the Education and Training Reform Act 2006, if the licensee, primary nominee or nominee currently present and in charge of the children's service has checked the relevant register kept under that Act to ensure that the person is so registered.

(7)Subregulation (3) does not apply if the volunteer—

(a)cares for or educates children at the children's service only under the immediate supervision of the proprietor or a qualified staff member of the service; and

(b)is not included in the child/staff ratios if the service is a limited hours or short term service.

(7A)Subregulation (4) does not apply if the early childhood intervention worker cares for or educates children at the children's service only under the immediate supervision of the proprietor or a qualified staff member of the service.

(8)A licensee must ensure that any information in an assessment notice or a volunteer assessment notice referred to in this regulation and read by the licensee, the nominee currently present and in charge of the children's service or the primary nominee of the children's service is not divulged by the licensee, the nominee currently present and in charge of the children's service or the primary nominee, directly or indirectly, to any person except the licensee, the nominee currently present and in charge of the children's service, the primary nominee, the Secretary or an authorised officer.

Penalty:10 penalty units.

Note

It is an offence under section 35 of the Working with Children Act 2005 to engage a person in child-related work if the person does not have a current assessment notice.

70AAssessment notices—approved associated children's services

(1)An approved provider of an approved associated children's service must read, or must ensure the primary nominee or nominee currently present and in charge of the children's service has read, a person's current assessment notice before that person becomes an employee or is otherwise engaged as a staff member of the children's service.

Penalty:10 penalty units.

(2)An approved provider of an approved associated children's service must read, or must ensure that the primary nominee or nominee currently present and in charge of the children's service has read, a person's current assessment notice or volunteer assessment notice before the person becomes a volunteer at the associated children's service.

Penalty:10 penalty units.

(3)An approved provider of an approved associated children's service must read, or must ensure the primary nominee or nominee currently present and in charge of the children's service has read, a current assessment notice for each early childhood intervention worker.

Penalty:10 penalty units.

(4)Subregulations (1), (2) and (3) do not apply in respect of a person if—

(a)an assessment notice or volunteer assessment cannot be issued for the person because of the person's age; and

(b)the person cares for or educates children at the approved associated children's service only under the immediate supervision of the proprietor or a qualified staff member of the service.

(5)Subregulations (1), (2) and (3) do not apply in respect of a person who is registered as a teacher under the Education and Training Reform Act 2006, if the approved provider, primary nominee or nominee currently present and in charge of the children's service has checked the relevant register kept under that Act and confirmed that the person is so registered.

(6)Subregulation (2) does not apply if the volunteer—

(a)cares for or educates children at the approved associated children's service only under the immediate supervision of the proprietor or a qualified staff member of the service; and

(b)is not included in the child/staff ratios if the service is a limited hours or short term service.

(7)Subregulation (3) does not apply if the early childhood intervention worker cares for or educates children at the approved associated children's service only under the immediate supervision of the proprietor or a qualified staff member of the service.

(8)An approved provider of an approved associated children's service must ensure that any information in an assessment notice or a volunteer assessment notice referred to in this regulation and read by the approved provider, the nominee currently present and in charge of the children's service or the primary nominee of the children's service is not divulged by the approved provider, the nominee or the primary nominee, directly or indirectly, to any person except the approved provider, the nominee, the primary nominee, the Secretary or an authorised officer.

Penalty:10 penalty units.

Note

It is an offence under section 35 of the Working with Children Act 2005 to engage a person in child-related work if the person does not have a current assessment notice.

Part 6—Health and welfare of children

Division 1—Access to and removal of children from the premises

71Access to the premises

Subject to any court order or any notice under section 9 of the Summary Offences Act 1966 to the contrary, the proprietor of a children's service must ensure that any parent or guardian of a child being cared for or educated by the children's service may—

(a)enter the premises at which the child is being cared for or educated at any time during the hours of operation; and

(b)exchange information about the child with a staff member of the children's service.

Penalty:8 penalty units.

72Collection of children

(1)The proprietor of a children's service must ensure that a child cared for or educated by the children's service is not—

(a)given into the care of any person other than—

(i)a parent of the child; or

(ii)a guardian of the child; or

(iii)a person who has lawful authority to collect the child from the children's service; or

(iv)a person who is authorised by the child's parent or guardian or a person who has lawful authority to collect the child; or

(b)taken outside the premises at which the children's service is provided except by a staff member of the children's service.

Penalty:10 penalty units.

(2)Subregulation (1)(a) does not apply if a school child leaves the children's service in accordance with written authorisation from the child's parent or guardian.

Example

A school child's parent may authorise the school child to leave a school holidays care service unaccompanied.

73Authorisation for removal of child by staff member

(1)The proprietor of a children's service must ensure that a staff member of the children's service does not take a child on an excursion outside the premises at which the children's service is provided unless written authorisation for the excursion has been provided in accordance with subregulation (2).

Penalty:8 penalty units.

(2)The authorisation must be given by a person named in the child's enrolment record as having lawful authority to authorise the taking of the child outside the premises by a staff member and must state—

(a)the reason the child is to be taken outside the premises; and

(b)the date the child is to be taken on the excursion; and

(c)the proposed destination for the excursion; and

(d)the method of transport to be used for the excursion; and

(e)the proposed activities to be undertaken by the child during the excursion; and

(f)the period the child will be away from the premises; and

(g)the number of staff members and any other responsible person who will accompany and supervise the child on the excursion.

(3)Despite subregulation (1), a staff member of a children's service may take a child outside the premises for a routine outing if—

(a)a person named in the child's enrolment record as having lawful authority to authorise the taking of the child outside the premises by a staff member has provided a written authorisation for the routine outing within the previous 12 months; and

(b)the children's service displays a notice that—

(i)indicates the children who attend the service are on a routine outing; and

(ii)states the location of the routine outing; and

(iii)states the time the children are expected to return to the service's premises.

Example

Routine outings may include trips taken from a children's service to a library or a park nearby.

74Additional requirements where child removed by staff member

(1)The proprietor of a children's service must ensure that, before a staff member takes a child outside the premises at which the children's service is provided, the staff member conducts a risk assessment to determine whether there is adequate adult supervision for the excursion or routine outing.

*                *                *                *                *

(4)If a child is taken by a staff member outside the premises at which the children's service is provided, the proprietor of the service must ensure a staff member accompanying the child carries—

(a)a suitably equipped first aid kit; and

(b)the telephone number of—

(i)any person who is to be notified of any accident, injury, trauma or illness involving the child; and

(ii)the child's registered medical practitioner or medical service; and

(c)an operational mobile telephone with an appropriate connection to a mobile telephone network; and

(d)if the child has been diagnosed as at risk of anaphylaxis, the child's anaphylaxis medication and anaphylaxis medical management plan.

Penalty:8 penalty units.

75Removal of child in emergency

Regulations 72 to 74 do not apply if a child is given into the care of a person or taken outside the premises at which the children's service is provided because—

(a)the child requires medical, hospital or ambulance care or treatment; or

(b)of another emergency.

Division 2—Safety

76Emergency procedures

(1)The proprietor of a children's service must ensure that emergency procedures are developed and regularly practised with staff members and volunteers of the service and children being cared for or educated by the service.

Penalty:10 penalty units.

*                *                *                *                *

77Communication equipment

(1)The proprietor of a children's service must ensure that staff members of the children's service have ready access to an operating telephone or other similar means of communication when children are being cared for or educated by the children's service.

Penalty:5 penalty units.

*                *                *                *                *

Division 3—Personal hygiene, food and beverage requirements and smoke-free environment

78Personal hygiene needs of children

(1)The proprietor of a children's service must ensure that the personal hygiene needs of children being cared for or educated by the service are attended to as soon as practicable.

Penalty:10 penalty units.

(2)The proprietor of the children's service must ensure that children being cared for or educated by the service do not make common use of items intended for a child's personal care.

Penalty:8 penalty units.

*                *                *                *                *

79Water to be available

(1)The proprietor of a children's service must ensure that children being cared for or educated by the children's service have access to fresh drinking water at all times.

Penalty:8 penalty units.

*                *                *                *                *

80Food and beverage requirements

(1)The proprietor of a children's service must ensure that—

(a)food and beverages are offered to the children being cared for or educated by the children's service at frequent and regular intervals; and

(b)cleanliness is observed where the food and beverages are stored, handled and prepared on the premises; and

(c)all food and beverages on the premises intended for consumption are protected at all times from contamination; and

(d)there are suitable eating arrangements for children at the premises.

Penalty:8 penalty units.

*                *                *                *                *

81Food provided by the children's service

(1)If a children's service provides food to children being cared for or educated by the service, the proprietor of the children's service must ensure that—

(a)a weekly menu is displayed describing the food to be provided each day; and

(b)the food is nutritious, varied and adequate in quantity, and appropriate to the children's growth, cultural and developmental needs.

Penalty:8 penalty units.

*                *                *                *                *

82Smoke-free environment

(1)The proprietor of a children's service must ensure that the children being cared for or educated by the service are provided with a smoke-free environment.

Penalty:10 penalty units.

*                *                *                *                *

Division 4—Administration of medication

83Authorisation to administer medication

(1)For the purposes of section 29B(1)(a) of the Act, the prescribed authorisation is—

(a)an authorisation given in writing by a person recorded in the child's enrolment record as authorised to request or permit the administration of medication to the child (the authorising person); or

(b)in the case of an emergency, an authorisation provided under subregulation (2).

(2)The authorising person may authorise in writing that, in the case of an emergency, the authorisation for the purposes of section 29B(1)(a) of the Act may be provided by—

(a)an oral authorisation by the authorising person; or

(b)an oral authorisation by a medical practitioner or a paramedic if the authorising person cannot reasonably be contacted in the circumstances.

(a)the number of the service approval including the approved associated children's service;

(b)the full name and postal address of the approved provider, and the provider approval number;

(c)the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the notice;

(d)the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address;

(e)the full name, former name (if any), date of birth and postal address of the new primary nominee;

(f)an identity statement regarding the new primary nominee;

(g)either—

(i)a declaration that the new primary nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or

(ii)if the Secretary has determined the new primary nominee to be a fit and proper person more than 5 years previously, each of the following—

(A)a current assessment notice or a copy of a current certificate of registration as a teacher issued under the Education and Training Reform Act 2006;

(B)a declaration that the Secretary has previously determined that the new primary nominee is a fit and proper person;

(C)a declaration that there are no material changes to the information provided to the Secretary since the new primary nominee's previous fit and proper person determination; or

(iii)evidence that the new primary nominee is an approved provider or a person with management or control of an education and care service operated by an approved provider; or

(iv)the information and documents required in Part 11 to demonstrate that the new primary nominee is a fit and proper person;

(h)the date on which the new primary nominee is to have primary responsibility for the management or control of the approved associated children's service.

(2)A notice to change a primary nominee must also include the new primary nominee's written consent to the nomination.

Note

Section 25WA(2)(c) of the Act requires that a notice must be given—

·at least 7 days before the new primary nominee is to have primary responsibility for the management or control of the approved associated children's service; or

·if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the new primary nominee commences primary responsibility for the management or control of the approved associated children's service.

31BNotice of change to primary nominee to a person who is a nominated supervisor

(1)The following information is required for a notice to change the primary nominee for an approved associated children's service to a person who is a nominated supervisor of the associated education and care service—

(a)the number of the service approval including the approved associated children's service;

(b)the full name and postal address of the approved provider, and the provider approval number;

(c)the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the notice;

(d)the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address;

(e)the full name, former name (if any), date of birth and postal address of the new primary nominee;

(f)an identity statement in relation to the new primary nominee;

(g)a declaration that the new primary nominee has been nominated as a nominated supervisor by the approved provider and that there are no material changes to the circumstances since that nomination;

(h)evidence that the new primary nominee is a nominated supervisor;

(i)if the associated education and care service has more than one nominated supervisor, evidence that the nominated supervisor has been designated in writing by the approved provider as the primary nominee for the approved associated children's service;

(j)the date on which the new primary nominee is to have primary responsibility for the management or control of the approved associated children's service.

(2)A notice to change a primary nominee must also include the new primary nominee's written consent to the nomination.

Notes

1Section 25W(2) of the Act provides that the primary nominee for an approved associated children's service is, subject to section 25W(2A) of the Act—

·the nominated supervisor of the associated education and care service; or

·if the associated education and care service has more than one nominated supervisor, the nominated supervisor designated in writing by the approved provider as the primary nominee for the approved associated children's service; or

·a person who, on the application of the approved provider, is approved by the Secretary under section 25X to have primary responsibility for the management or control of the approved associated children's service in the absence of the approved provider.

2In accordance with section 25W(2)(a) of the Act, a nominated supervisor may be the primary nominee for an approved associated children's service in certain circumstances. Section 25W(2A) of the Act provides that section 25W(2)(a) does not apply to a nominated supervisor of an associated education and care service who is subject to—

·an undertaking under section 179A of the National Law; or

·a prohibition notice under section 182(3)(a) of the National Law; or

·a condition imposed by a prohibition notice under section 182(3)(b) of the National Law.

3Section 25WA(2)(c) of the Act requires that a notice must be given—

·at least 7 days before the new primary nominee is to have primary responsibility for the management or control of the approved associated children's service; or

·if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the new primary nominee commences primary responsibility for the management or control of the approved associated children's service.

Part 12—Application for approval of new nominees for approved associated children's services

32Application for approval of new nominees and primary nominees

(1)The following information is required for an application for approval of a new nominee or primary nominee for an approved associated children's service—

(a)the number of the service approval including the approved associated children's service;

(b)the full name and postal address of the approved provider, and the provider approval number;

(c)the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application;

(d)the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address;

(e)the following information regarding each proposed new nominee or primary nominee—

(i)full name, former name (if any), date of birth and postal address;

(ii)an identity statement;

(iii)either—

(A)a declaration that the proposed nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or

(B)evidence that the proposed nominee is an approved provider, a nominated supervisor of an education and care service or a person with management or control of an education and care service operated by an approved provider; or

(C)the information and documents required in Part 11 to demonstrate that the proposed nominee is a fit and proper person;

(iv)a declaration by the applicant that the person nominated is a fit and proper person to manage or control a children's service;

(v)a statement indicating whether the proposed nominee is to have primary responsibility for the management or control of the service in the absence of the approved provider.

(2)An application for approval of a new nominee must also include the proposed new nominee's written consent to the nomination.

Part 13—Application for voluntary suspension of service approval for approved associated children's service

33Application for voluntary suspension of service approval for approved associated children's service

The following information is required for an application for the voluntary suspension of a service approval to the extent that it relates to an approved associated children's service—

(a)the number of the service approval including the approved associated children's service;

(b)the full name and postal address of the approved provider, and the provider approval number;

(c)the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application;

(d)the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address;

(e)the period of suspension sought, including the proposed starting and ending dates of the suspension period;

(f)one of the following declarations and, if applicable, any evidence supporting that declaration—

(i)that the approved associated children's service is located in a rural or remote area and the number of children enrolled at the service is such that it would not be viable to operate the service during the proposed period of suspension; or

(ii)that the premises at which the service operates will be undergoing building works or renovations during the proposed period of suspension;

(g)a statement that the approved provider intends to resume the operation of the children's service at the end of the period of suspension;

(h)a statement indicating whether the services offered by the approved associated children's service will be different on resumption of the operation;

(i)a statement indicating the process the approved provider proposes to undertake to notify the parents or guardians of children who are cared for or educated by the approved associated children's service of the suspension of the service approval.

Part 14—Application for cancellation of service approval for approved associated children's services

34Application for cancellation of service approval for approved associated children's service at request of approved provider

The following information is required for a request by an approved provider to cancel a service approval to the extent that it relates to an approved associated children's service—

(a)the number of the service approval including the approved associated children's service;

(b)the full name and postal address of the approved provider, and the provider approval number;

(c)the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application;

(d)the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address;

(e)the date on which the applicant requests the cancellation of the service approval to become effective;

(f)a statement indicating the reasons for requesting a cancellation of the service approval and, if applicable, any evidence supporting those reasons;

(g)a statement indicating the process the approved provider proposes to undertake to notify the parents or guardians of children who are cared for or educated by the approved associated children's service of the application to cancel the service approval.

Schedule 2—Prescribed fees

Part 1—Fees for applications for approval of premises

1Fees for applications for approval of premises proposed to be used or constructed for use in operating a children's service

No. of Places

Standard Service

Fee Units

Up to and including 15 places

15·0

16 to 30 places

31·0

31 to 60 places

31·0

61 to 120 places

31·0

121 or more places

31·0

No. of Places	Limited Hours (Types 1 and 2) Fee	Short Term (Types 1 and 2) Fee
Up to and including 15 places	15·0 fee units	8·0 fee units
16 to 30 places	15·0 fee units	8·0 fee units
31 to 60 places	15·0 fee units	8·0 fee units
61 to 120 places	15·0 fee units	8·0 fee units
121 or more places	15·0 fee units	8·0 fee units

No. of Places

Integrated Service

Fee Units

Up to and including 60 places

40·0

61 to 120 places

40·0

121 to 180 places

40·0

181 to 250 places

45·0

251 or more places

45·0

No. of Places

School Holidays Care Service

Fee Units

Up to and including 15 places

15.0

16 to 60 places

61 to 90 places

91 to 120 places

121 or more places

15.0

15.0

15.0

15.0

2Fees for applications for approval of alterations or extensions to premises

No. of Places

Standard Service

Fee Units

Up to and including 15 places

10·0

16 to 30 places

15·0

31 to 60 places

22·0

61 to 120 places

27·0

121 or more places

29·0

No. of Places	Limited Hours (Types 1 and 2) Fee	Short Term (Types 1 and 2) Fee
Up to and including 15 places	5·0 fee units	5·0 fee units
16 to 30 places	5·0 fee units	5·0 fee units
31 to 60 places	11·0 fee units	5·0 fee units
61 to 120 places	14·0 fee units	7·0 fee units
121 or more places	14·0 fee units	7·0 fee units

No. of Places

Integrated Service

Fee Units

Up to and including 60 places

30·0

61 to 120 places

30·0

121 to 180 places

30·0

181 to 250 places

35·0

251 or more places

35·0

No. of Places

School Holidays Care Service

Fee Units

Up to and including 15 places

5×0

16 to 60 places

5×0

61 to 90 places

5×0

91 to 120 places

10×0

121 or more places

10×0

Part 2—Fees for application for licence to operate a children's service

3Fees for applications for licence to operate a children's service

Standard Licence
No. of Places	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 15 places	5·0	13·0	19·0
16 to 30 places	10·0	25·0	35·0
31 to 60 places	15·0	38·0	54·0
61 to 120 places	19·0	48·0	68·0
121 or more places	24·0	60·0	84·0

No. of Places	Limited Hours Licence (Types 1 and 2)			Short Term Licence (Types 1 and 2)
	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years	Up to and including 1 year
	Fee Units	Fee Units	Fee Units	Fee Units
Up to and including 15 places	3·0	8·0	12·0	3·0
16 to 30 places	5·0	13·0	19·0	3·0
31 to 60 places	8·0	19·0	27·0	5·0
61 to 120 places	10·0	24·0	34·0	6·0
121 or more places	12·0	29·0	41·0	7·0

*                *                *                *                *

No. of Places	School Holidays Care Licence
	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 15 places	3·0	8·0	12·0
16 to 60 places	5·0	13·0	19·0
61 to 90 places	8×0	19·0	27·0
91 to 120 places	10·0	24·0	34·0
121 or more places	12·0	29·0	41·0

No. of Places	Integrated Licence
	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 60 places	18·0	36·0	54×0
61 to 120 places	24·0	48·0	72·0
121 to 180 places	30·0	60·0	90·0
181 to 250 places	34·0	68·0	102·0
251 or more places	38·0	76·0	114·0

*                *                *                *                *

Part 3—Fees for applications for renewal of licences

5Fees for applications for renewal of licence to operate a children's service

Standard Licence
No. of Places	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 15 places	Nil	Nil	Nil
16 to 30 places	10·0	25·0	35·0
31 to 60 places	15·0	38·0	54·0
61 to 120 places	19·0	48·0	68·0
121 or more places	24·0	60·0	84·0

No. of Places	Limited Hours Licence (Types 1 and 2)
	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 15 places	Nil	Nil	Nil
16 to 30 places	5·0	13·0	19·0
31 to 60 places	8·0	19·0	27·0
61 to 120 places	10·0	24·0	34·0
121 or more places	12·0	29·0	41·0

*                *                *                *                *

No. of Places	School Holidays Care Licence
	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 15 places	Nil	Nil	Nil
16 to 60 places	5·0	13·0	19·0
61 to 90 places	8·0	19·0	27·0
91 to 120 places	10·0	24·0	34·0
121 or more places	12·0	29·0	41·0

No. of Places	Integrated Licence
	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 60 places	18·0	36·0	54·0
61 to 120 places	24·0	48·0	72·0
121 to 180 places	30·0	60·0	90·0
181 to 250 places	34·0	68·0	102·0
251 or more places	38·0	76·0	114·0

*                *                *                *                *

6Fees for late application for renewal of licence to operate children's service

No. of Places

Standard Licence

Fee Units

Up to and including 15 places

10·0

16 to 30 places

10·0

31 to 60 places

10·0

61 to 120 places

15·0

121 or more places

20·0

No. of Places

Limited Hours Licence
(Types 1 and 2)

Fee

Up to and including 15 places

5·0 fee units

16 to 30 places

5·0 fee units

31 to 60 places

5·0 fee units

61 to 120 places

8·0 fee units

121 or more places

10·0 fee units

School Holidays Care Licence
No. of Places	Fee Units
Up to and including 15 places	5×0
16 to 60 places	5×0
61 to 90 places	5×0
91 to 120 places	8×0
121 or more places	10×0

No. of Places

Integrated Licence

Fee Units

Up to and including 60 places

20·0

61 to 120 places

20·0

121 to 180 places

20·0

181 to 250 places

20·0

251 or more places

20·0

*                *                *                *                *

Part 4—Fees for applications for variation of licences

7Fees for applications to vary or revoke a condition or restriction or to impose a condition or restriction on a licence

No. of Places

Standard Licence

Fee Units

Up to and including 15 places

Nil

16 to 30 places

9·0

31 to 60 places

9·0

61 to 120 places

9·0

121 or more places

9·0

No. of Places

Limited Hours Licence (Types 1 and 2)

Fee

Up to and including 15 places

Nil

16 to 30 places

5·0 fee units

31 to 60 places

5·0 fee units

61 to 120 places

5·0 fee units

121 or more places

5·0 fee units

No. of Places

Integrated Licence

Fee Units

Up to and including 60 places

9·0

61 to 120 places

9·0

121 to 180 places

9·0

181 to 250 places

9.0

251 or more places

9.0

No. of Places

School Holidays Care Licence

Fee Units

Up to and including 15 places

Nil

16 to 60 places

5×0

61 to 90 places

5×0

91 to 120 places

5×0

121 or more places

5×0

*                *                *                *                *

8Fees for application to vary period of a licence

Standard Licence
No. of Places	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 15 places	Nil	Nil	Nil
16 to 30 places	10×0	20×0	25×0
31 to 60 places	15×0	30×0	38×0
61 to 120 places	19×0	38×0	48×0
121 or more places	24×0	48×0	60×0

No. of Places	Limited Hours Licence (Types 1 and 2)
	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 15 places	Nil	Nil	Nil
16 to 30 places	5·0	10·0	13·0
31 to 60 places	8·0	16·0	19·0
61 to 120 places	10·0	20·0	24·0
121 or more places	12·0	24·0	29·0

*                *                *                *                *

No. of Places	School Holidays Care Licence
	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 15 places	Nil	Nil	Nil
16 to 60 places	5·0	10·0	13·0
61 to 90 places	8·0	16·0	19·0
91 to 120 places	10·0	20·0	24·0
121 or more places	12·0	24·0	29·0

No. of Places	Integrated Licence
	Up to and including 1 year	More than 1 year and up to and including 3 years	More than 3 years and up to and including 5 years
	Fee Units	Fee Units	Fee Units
Up to and including 60 places	18·0	27·0	36·0
61 to 120 places	24·0	36·0	48·0
121 to 180 places	30·0	45·0	60·0
181 to 250 places	34·0	51·0	68·0
251 or more places	38·0	57·0	76·0

*                *                *                *                *

Schedule 3—Anaphylaxis management policy

1Prescribed matters

The prescribed matters to be included in the anaphylaxis management policy are—

(a)the procedures for the training of staff, to comply with, at a minimum, regulation 63; and

(b)the practices and procedures to ensure compliance with regulations 34(b), 34(f), 38(2)(d), 38(2)(e), 40(1)(k), 43, 65, 67, 74(4)(d) and 83(3); and

(c)a requirement that a risk minimisation plan for each child being cared for or educated by the children's service who has been diagnosed as at risk of anaphylaxis must be developed by the proprietor of the children's service in consultation with the child's parents or guardian; and

(d)a requirement that the proprietor must obtain an anaphylaxis medical management plan from the child's parents or guardian, prepared in accordance with clause 2, for each child being cared for or educated by the children's service who has been diagnosed as at risk of anaphylaxis; and

(e)a requirement that if a child who has been diagnosed as at risk of anaphylaxis has an anaphylactic episode while being cared for or educated by the children's service, the child's anaphylaxis medical management plan must be followed; and

(f)a requirement that the risk minimisation plan referred to in paragraph (c) must, at a minimum, include the matters contained in clause 3; and

(g)a communication plan including, at a minimum, the matters contained in clause 4.

2Anaphylaxis medical management plan

An anaphylaxis medical management plan for a child must—

(a)be an individual plan for that child; and

(b)be signed by the registered medical practitioner who is treating the child at the date it is signed; and

(c)describe the prescribed anaphylaxis medication for that child.

3Risk minimisation plan

For each child being cared for or educated at the children's service who has been diagnosed as at risk of anaphylaxis, the risk minimisation plan must include—

(a)an assessment of the risks to the child of anaphylaxis at the children's service and how those risks can be minimised, reviewed and documented; and

(b)practices and procedures regarding how the risks in paragraph (a) can be managed and minimised; and

(c)if relevant to the child, practices and procedures regarding the safe handling, preparation, consumption and service of food, including but not limited to food sharing practices, hand washing and equipment cleaning; and

(d)practices and procedures for ensuring that all parents or guardians of children being cared for or educated at the children's service are notified of the known allergens that pose a risk to the child, the risks identified in paragraph (a) and the strategies for minimisation and management of those risks; and

(e)practices and procedures to ensure that each staff member (including staff who are relief staff), early childhood intervention worker and volunteer can identify the child; and

(f)practices and procedures to ensure that each staff member (including staff who are relief staff), early childhood intervention worker and volunteer can identify and is familiar with—

(i)the child's allergies; and

(ii)the child's anaphylaxis medical management plan; and

(iii)the location of the child's anaphylaxis medication and anaphylaxis medical management plan; and

(g)practices and procedures to ensure that the child does not attend the children's service without the child's anaphylaxis medication (if any) that has been prescribed by a registered medical practitioner.

4Communication plan

The communication plan must include practices and procedures to ensure—

(a)that all staff members (including staff who are relief staff), early childhood intervention workers, volunteers, and parents or guardians of children being cared for or educated by the children's service are informed about anaphylaxis management in the children's service and the anaphylaxis management policy of the children's service; and

(b)that a parent or guardian of a child diagnosed as at risk of anaphylaxis who is being cared for or educated by the children's service can communicate with the staff members at the children's service about any changes required to the child's risk minimisation plan and anaphylaxis medical management plan and how that communication can occur; and

(c)that all staff members (including staff who are relief staff), early childhood intervention workers and volunteers are informed about and familiar with the anaphylaxis medical management plan and risk minimisation plan of each child diagnosed as at risk of anaphylaxis who is being cared for or educated by the children's service.

*                *                *                *                *

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Children's Services Regulations 2009, S.R. No. 53/2009 were made on 19 May 2009 by the Governor in Council under section 56 of, and clause 3 of the Schedule to, the Children's Services Act 1996, No. 53/1996 and came into operation on 25 May 2009: regulation 3.

The Children's Services Regulations 2009 will sunset on 18 May 2020: see Subordinate Legislation (Children's Services Regulations 2009) Extension Regulations 2019, S.R. No. 30/2019.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after

1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after

1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after

1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Children's Services Regulations 2009 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Children's Services Amendment Regulations 2010, S.R. No. 96/2010

Date of Making:	28.9.10
Date of Commencement:	28.9.10

Children's Services Amendment Regulations 2011, S.R. No. 162/2011

Date of Making:	21.12.11
Date of Commencement:	1.1.12: reg. 3

Children's Services Amendment Regulations 2016, S.R. No. 2/2016

Date of Making:	16.2.16
Date of Commencement:	1.3.16: reg. 3

Children's Services Amendment Regulations 2017, S.R. No. 96/2017

Date of Making:	19.9.17
Date of Commencement:	1.10.17: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4(a): S.R. No. 59/1998. Reprint No. 1 incorporating amendments as at 10 March 2005. Reprinted to S.R. No. 14/2004 and subsequently amended by S.R. Nos 100/2005 and 120/2008.

[2] Reg. 4(b): S.R. No. 82/2002.

[3] Reg. 4(c): S.R. No. 14/2004.

[4] Reg. 4(d): S.R. No. 100/2005.

[5] Reg. 4(e): S.R. No. 120/2008.

[6] Reg. 107: S.R. No. 59/1998. See note 1.

——

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 2018 is $14.45. 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 2018 is $161.19.

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.