Children's Services Regulations 2020 (Vic)

Version No. 004

Children's Services Regulations 2020

S.R. No. 32/2020

Version incorporating amendments as at

1 October 2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Revocations

5Definitions

6Prescribed entity

6AApproval in principle criteria

7Types of children's service

8Meaning of actively working towards a qualification

9Meaning of in attendance at a children's service

10Meaning of serious incident

11Meaning of working directly with children

Part 2—Provider approvals

12Application for provider approvals by individual

13Application for provider approval by person other than an individual

14Matters relating to criminal history

15Application for amendment of provider approval

16Maximum period of suspension of provider approval

17Application for voluntary suspension of provider approval

18Application by individual executor for provider approval

19Application by executor other than an individual for provider approval

20Application by individual for provider approval on incapacity of approved provider

21Application by person other than an individual for provider approval on incapacity of approved provider

Part 3—Service approvals

Division 1—Applications for service approvals

22Application for service approval

23Additional information about proposed children's service premises

24Application for service approval for a children's service—relocation of existing children's service

25Additional matters to have regard to in determining application for service approval

26Additional grounds for refusal to grant service approval

27Condition on service approval—insurance

28Condition on service approval—entitlement to occupy premises

29Prescribed matters included in copy of service approval

30Annual fees

Division 2—Amendment of service approval and notice of change to nominated supervisor

31Prescribed information for application to amend service approval

32Notice of addition of new nominated supervisor

Division 3—Transfer of service approval

33Notice of transfer of service approval

34Notification of decision to intervene in transfer of service approval

Division 4—Suspension of service approval

35Maximum period of suspension of service approval

36Application for voluntary suspension of service approval

Division 5—Service waiver

37Service waiver—prescribed requirements

38Prescribed information—application for service waiver

39Prescribed period—revocation of service waiver

Division 6—Temporary waiver

40Temporary waiver—prescribed requirements

41Application for temporary waiver

Part 3A—Premises approvals in principle

41AApplication for approval in principle of proposed premises

41BApplication for amendment of approval in principle

41CNotice of transfer of approval in principle

41DApplication to extend approval in principle

41EApplication to reinstate approval in principle

Part 4—Operational requirements

Division 1—Educational program and practice

42Educational program

43Documenting of child assessments or evaluations for delivery of educational program

44Information about educational program to be kept available

45Information about educational program to be given to parents

Division 2—Health, safety and wellbeing of children

46Health, hygiene and safe food practices

47Food and beverages

48Service providing food and beverages

49Weekly menu

51Tobacco, drug and alcohol-free environment

52Staff members not to be affected by alcohol or drugs

53Awareness of child protection law

Division 2A—Sleep and rest

53ASleep and rest

53BSleep and rest policies and procedures

53CRisk assessment for purposes of sleep and rest policies and procedures

53DProhibition of bassinets

Division 3—Incidents, injury, trauma and illness

54Incident, injury, trauma and illness policies and procedures

55Notification to parents of incident, injury, trauma and illness

56Incident, injury, trauma and illness record

57Infectious diseases

58First aid kits

Division 4—Medical conditions policy

59Medical conditions policy

60Medical conditions policy to be provided to parents

Division 5—Administration of medication

61Medication record

62Administration of medication

63Exception to authorisation requirement—anaphylaxis or asthma emergency

64Procedure for administration of medication

65Self-administration of medication

Division 6—Emergencies and communication

66Emergency and evacuation procedures

67Telephone or other communication equipment

Division 7—Collection of children from premises and excursions

68Children leaving the children's service premises

69Risk assessment must be conducted before excursion

70Conduct of risk assessment for excursion

71Authorisation for excursions

Division 7A—Safe arrival of children

71ADefinition

71BSafe arrival of children policies and procedures

71CRisk assessment for the purposes of safe arrival of children policies and procedures

Division 7B—Transportation of children other than as part of an excursion

71DApplication of Division

71ETransport risk assessment must be conducted before service transports child

71FConduct of risk assessment for transporting of children by the children's service

71GAuthorisation for service to transport children

71HChildren embarking a means of transport

71IChildren disembarking a means of transport

Division 8—Physical environment

72Premises, furniture and equipment to be safe, clean and in good repair

73Fencing

74Furniture, materials and equipment

75Laundry and hygiene facilities

76Space requirements—indoor space

77Space requirements—outdoor space

78Toilet and hygiene facilities

79Ventilation and natural light

Division 9—Other space requirements

80Administrative space

81Nappy change facilities

82Outdoor space—natural environment

83Outdoor space—shade

84Premises designed to facilitate supervision

Division 10—Minimum requirements for persons in day‑to‑day charge and nominated supervisors

85Placing a person in day-to-day charge

86Minimum requirements for a person in day-to-day charge

87Minimum requirements for a nominated supervisor

Division 11—Staffing arrangements

Subdivision 1—Age and supervision requirements

88Educators who are under 18 to be supervised

Subdivision 2—Minimum number of educators required

89Educators must be working directly with children to be included in ratios

90Educator to child ratios

Subdivision 3—Requirements for educators

91Occasional care services—educator qualifications

92Limited hours services—educator qualifications

92AIllness or absence of a qualified educator

Subdivision 4—Requirements for educators who are early childhood teachers

93Occasional care services—early childhood teacher requirements and qualifications

94Illness or absence of early childhood teacher

Subdivision 5—First aid qualifications

95First aid qualifications

Subdivision 6—Other staffing arrangements

96WWC clearance to be read

Subdivision 7—Staff and educator records

97Staff record

98Nominated supervisor

99Staff members

100Volunteers and students

101Responsible person

102Record of educators working directly with children

103Record of attendance of early childhood teachers

103ARecord of replacement of educator

103BRecord of replacement of early childhood teacher

Part 5—Relationships with children

104Interactions with children

105Relationships in groups

Part 6—Collaborative partnerships with families and communities

106Access for parents

Part 7—Governance and leadership

Division 1—Management of services

Subdivision 1—Attendance and enrolment records

107Children's attendance record to be kept by approved provider

108Child enrolment records to be kept by approved provider

109Authorisations to be kept in enrolment record

110Health information to be kept in enrolment record

Subdivision 2—Record of children's service's compliance

111Record of children's service's compliance

Division 2—Policies and procedures

112Children's service must have policies and procedures

113Policies and procedures to be followed

114Policies and procedures to be kept available

115Notification of change to policies or procedures

Division 3—Information and record-keeping requirements

Subdivision 1—Display and reporting of prescribed information

116Prescribed information to be displayed

117Time to notify certain circumstances to Regulatory Authority

118Prescribed information to be notified to Regulatory Authority

119Time to notify certain information to Regulatory Authority

Subdivision 2—Prescribed records

120Prescribed enrolment and other documents to be kept by approved provider

Subdivision 3—Insurance information

121Evidence of prescribed insurance

Subdivision 4—Confidentiality and storage of records

122Confidentiality of records kept by approved provider

123Storage of records and other documents

124Storage of records after service approval transferred

Subdivision 5—Act and regulations to be available

125Act and regulations to be available

Part 8—Review, enforcement and compliance

Division 1—Internal review

126Application for internal review of reviewable decision

Division 2—Enforcement and compliance

127Prescribed form of identity card

128Compliance directions

129Application to cancel prohibition notice

129AInfringement offences and infringement penalties

Part 9—Information, records and privacy—Regulatory Authority

Division 1—Publication of information

130Publication of information

131Compliance and enforcement information

132Timing of publication where internal or external review of enforcement action is available

Division 2—Registers

133Register of approved providers

134Register of approved children's services

Part 10—Administration

135Prescribed fees

136Late payment fees (annual fees)

137Waiver, reduction, deferral and refund of fees

138Publication of fees

Part 11—Transitional and saving provisions

Division 1—Definitions

139Definitions

Division 2—Conversion of old licence types to new types of children's service

140Conversion of old licence types to new types of children's service

141Saving provision—references to old licence types

Division 3—Educator to child ratios and educator qualification requirements

142Application of staffing requirements to former licensed children's services

143Requirements for former standard services

144Requirements for former school holidays care services

145Requirements for former limited hours Type 1 services

146Requirements for former limited hours Type 2 services

147Requirements for former short term Type 1 services

148Requirements for former short term Type 2 services

149Service waiver for transitional ratios and qualification requirements

150Temporary waiver for transitional ratios and qualification requirements

Division 4—Saving of existing experience and qualifications

151Saving provision—education experience and qualifications

Division 5—Other operational requirements

152Non-application of certain operational requirements to former licensed children's services

Division 6—Information, policies, procedures to be made available and other matters

153Application of Division

154Saving provision—information to be made available or displayed at former licensed children's services

155Policies, procedures etc. to be followed

156Notification of change to policies, procedures etc.

Schedule 1—Revocation of Regulations

Schedule 2—Prescribed annual fee for service approval

Schedule 3—Other prescribed fees

Schedule 4—Compliance directions—prescribed provisions

Schedule 5—Infringement offences and infringement penalties

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 004

Children's Services Regulations 2020

S.R. No. 32/2020

Version incorporating amendments as at

1 October 2024

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to provide for certain matters for the regulation of the approval and operation of children's services under the Children's Services Act 1996.

2Authorising provision

These Regulations are made under section 191 of the Children's Services Act 1996.

3Commencement

These Regulations come into operation on 17 May 2020.

4Revocations

The regulations set out in Schedule 1 are revoked.

5Definitions

(1)In these Regulations—

ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

actively working towards a qualification—see regulation 8;

approved certificate III level education and care qualification means—

(a)a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved certificate III level education and care qualifications published under regulation 137 of the national regulations; or

(b)a qualification included in the list of approved diploma level education and care qualifications or approved early childhood teaching qualifications published under regulation 137 of the national regulations;

approved diploma level education and care qualification means—

(a)a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved diploma level education and care qualifications published under regulation 137 of the national regulations; or

(b)a qualification included in the list of approved early childhood teaching qualifications published under regulation 137 of the national regulations;

approved early childhood teaching qualification means a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved early childhood teaching qualifications published under regulation 137 of the national regulations;

approved education and care qualification, in regulations 92A and 94, means—

(a)an approved certificate III level education and care qualification; or

(b)an approved diploma level education and care qualification; or

(c)an approved early childhood teaching qualification;

approved number of places, in relation to a children's service, means the maximum number of children who can be educated and cared for by the service at any one time, stated on the service approval under section 51(g) of the Act;

bankruptcy declaration means a declaration made by an individual about any proceeding in bankruptcy brought against the individual including—

(a)whether any actions have been taken against the individual under Part IV of the Bankruptcy Act 1966 of the Commonwealth; and

(b)whether the individual has made any debt agreement under Part IX of the Bankruptcy Act 1966 of the Commonwealth; and

(c)whether the individual has made any personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth;

building law means the Building Act 1993;

building practitioner means—

(a)a person who is registered as a building practitioner under the building law; or

(b)a person who is registered as an architect under the Architects Act 1991; or

(c)a person who is registered as a licensed surveyor under the Surveying Act 2004;

certificate of final inspection means a certificate issued on completion of building work by a building practitioner under the building law;

child over preschool age means a child who—

(a)is enrolled or registered at a school; and

(b)attends, or in the current calendar year, will attend school in the year before grade 1 or in grade 1 or a higher grade;

child preschool age or under means a child under the age of 7 years who is not a child over preschool age;

child protection law means—

(a)the Children, Youth and Families Act 2005; and

(b)the Child Wellbeing and Safety Act 2005; and

(c)the Family Violence Protection Act 2008;

commencement day means 17 May 2020;

criminal history record check means a full disclosure Australia-wide criminal history record check, issued by a police force or other authority of a State or Territory or the Commonwealth;

criminal history statement means a statement made by an individual that—

(a)states whether the individual has been convicted in Australia of any offences relevant to a person seeking to work with children; and

(b)includes details of those convictions;

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;

disciplinary proceedings statement means a statement made by an individual that states—

(a)whether the individual is or has been subject to a formal disciplinary proceeding or action under an education law or an equivalent law of a participating jurisdiction (other than a proceeding or action that was unsuccessful or was withdrawn); and

(b)the outcome of the proceeding or action (if known);

educational program means a program referred to in section 108 of the Act;

emergency, in relation to a children's service, means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at the children's service;

Examples

1     Flood.

2     Fire.

3     A situation that requires the children's service premises to be locked down.

excursion means an outing organised by a children's service, but does not include an outing organised by a children's service provided on a school site if—

(a)the child or children leave the children's service premises in the company of an educator; and

(b)the child or children do not leave the school site;

financial declaration means a declaration made by a person who is not an individual indicating whether the person is or has been declared insolvent or is or has been placed under external administration;

in attendance at a children's service, in relation to an early childhood teacher or a suitably qualified person—see regulation 9;

infectious disease has the same meaning as in the Public Health and Wellbeing Act 2008;

limited hours service means a children's service that does not provide education and care to any child who attends the service for more than—

(a)3 hours per day; and

(b)6 hours per week;

medication means medicine within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;

multi-storey building means a building with more than 2 storeys;

occasional care service means a children's service that is not a limited hours service;

occupancy permit means a permit issued under the building law that permits a building to be occupied;

overseas criminal history statement means a statement made by an individual that—

(a)states whether the individual has been convicted outside Australia of any offences relevant to a person seeking to work with children; and

(b)includes details of those convictions;

planning and development law means the Planning and Environment Act 1987;

planning permit means a permit issued under Part 4 of the planning and development law in respect of the use or development of any land;

previous service statement means a statement made by an individual that states—

(a)whether or not the individual has held any role with an education and care service or a children's service in the previous 3 years; and

(b)includes the following details for each role—

(i)the name of the service;

(ii)the State or Territory in which the service was located;

(iii)the nature of the role;

regular outing, in relation to a children's service, means a walk, drive or trip to and from a destination—

(a)that the service visits regularly as part of its educational program; and

(b)where the circumstances relevant to the risk assessment are substantially the same on each outing;

regular transportation, in relation to a children's service, means the transportation by the service or arranged by the service (other than as part of an excursion) of a child being educated and cared for by the service, where the circumstances relevant to a risk assessment are substantially the same for each occasion on which the child is transported;

responsible person, in relation to a children's service, means a person referred to in section 103(a) to (c) of the Act;

serious incident—see regulation 10;

soil assessment means an analysis of soil conducted by an environmental consultant, environmental consulting firm, or environmental auditor for the purposes of determining—

(a)the nature, extent and levels of contamination; and

(b)the actual or potential risk to human health resulting from that contamination;

storey, of a building, includes the following—

(a)the ground level;

(b)a level of a split level;

suitably qualified person means a person who has—

(a)a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved qualifications for suitably qualified persons published under regulation 137 of the national regulations; or

(b)a qualification approved by the National Authority as a higher qualification for suitably qualified persons and included in the list of approved qualifications for suitably qualified persons published under regulation 137 of the national regulations;

the Act means the Children's Services Act 1996;

working directly with children—see regulation 11.

(2)A requirement under these Regulations applying in relation to a stated number of children applies each time there is the stated number of children or a part of the stated number.

Example

There are 30 children aged 36 months or over (not including children over preschool age) at a children's service. Regulation 90(1)(b) requires one educator for each 11 children. In this case, 3 educators would be required.

6Prescribed entity

For the purposes of paragraph (e) of the definition of person in section 3(1) of the Act, a body politic is a prescribed entity.

6AApproval in principle criteria

For the purposes of the definition of approval in principle criteria in section 3(1) of the Act, the following regulations are prescribed—

(a)regulation 78(b);

(b)regulation 79(a) and (b);

(c)regulation 81(4);

(d)regulation 84.

7Types of children's service

For the purposes of these Regulations, each of the following is a type of children's service—

(a)an occasional care service;

(b)a limited hours service.

8Meaning of actively working towards a qualification

For the purposes of these Regulations, an educator is actively working towards a qualification if the educator—

(a)is enrolled in the course for the qualification; and

(b)provides the approved provider with documentary evidence from the provider of the course that—

(i)the educator has commenced the course; and

(ii)the educator is making satisfactory progress towards completion of the course; and

(iii)the educator is meeting the requirements for maintaining the enrolment; and

(iv)in the case of an approved diploma level education and care qualification, the educator—

(A)holds an approved certificate III level education and care qualification; or

(B)has completed the units of study in an approved certificate III level education and care qualification determined by the National Authority under the national regulations; or

(C)has completed the percentage of total units of study required for completion of an approved early childhood teaching qualification determined by the National Authority under the national regulations.

9Meaning of in attendance at a children's service

For the purposes of these Regulations, an early childhood teacher is in attendance at a children's service if the early childhood teacher—

(a)is physically present at the service; and

(b)carries out education and care activities at the service including one or more of the following—

(i)working directly with children;

(ii)planning programs;

(iii)mentoring, coaching or supporting educators;

(iv)facilitating education and care research.

10Meaning of serious incident

For the purposes of the definition of serious incident in section 3(1) of the Act, each of the following is prescribed as a serious incident—

(a)the death of a child—

(i)while that child is being educated and cared for by a children's service; or

(ii)following an incident occurring while that child was being educated and cared for by a children's service;

(b)any incident involving serious injury or trauma to a child occurring while that child is being educated and cared for by a children's service—

(i)which a reasonable person would consider required urgent medical attention from a registered medical practitioner; or

(ii)for which the child attended, or ought reasonably to have attended, a hospital;

Example

A broken limb.

(c)any incident involving serious illness of a child occurring while that child is being educated and cared for by a children's service for which the child attended, or ought reasonably to have attended, a hospital;

Example

Severe asthma attack, seizure or anaphylaxis reaction.

(d)any emergency for which emergency services attended;

(e)any circumstance where a child being educated and cared for by a children's service—

(i)appears to be missing or cannot be accounted for; or

(ii)appears to have been taken or removed from the children's service premises in a manner that contravenes these Regulations; or

(iii)is mistakenly locked in or locked out of the children's service premises or any part of the premises.

11Meaning of working directly with children

For the purposes of these Regulations, a person is working directly with children at a given time if at that time the person—

(a)is physically present with the children; and

(b)is directly engaged in providing education and care to the children.

PART 2—PROVIDER APPROVALS

12Application for provider approvals by individual

For the purposes of section 11(c) of the Act, the following information is prescribed for an application for a provider approval made by an individual under section 10 of the Act—

(a)the applicant's full name, and any former or other name the applicant may be known by;

(b)the applicant's residential address and contact details;

(c)the applicant's date and place of birth;

(d)proof of the applicant's identity;

(e)a previous service statement made by the applicant;

(f)if held by the applicant, a copy of the applicant's current WWC clearance;

(g)if the applicant is a registered teacher under the education law, proof of the current registration under that law;

(h)a criminal history record check in respect of the applicant issued not more than 6 months before the date of the application;

(i)a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check referred to in paragraph (h) was issued to the date of the application;

(j)if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

(k)a disciplinary proceedings statement made by the applicant;

(l)a bankruptcy declaration made by the applicant.

Note

If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3)(a) of the Act.

13Application for provider approval by person other than an individual

For the purposes of section 11(c) of the Act, the following information is prescribed for an application for a provider approval made by a person other than an individual under section 10 of the Act—

(a)the applicant's name and any trading or other name used by the applicant;

(b)the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;

(c)the name and contact details of the contact person for the purposes of the application;

(d)documentary evidence of the legal status of the applicant and its constitution;

Example

The partnership agreement for a partnership.

(e)a financial declaration regarding the applicant;

(f)for each individual who will be a person with management or control of a children's service to be operated by the applicant, the information set out in regulation 12.

Note

If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3)(a) of the Act.

14Matters relating to criminal history

For the purposes of section 13(1)(d)(i) of the Act, the following matters relating to the criminal history of a person that the Regulatory Authority must have regard to are prescribed—

(a)whether the person—

(i)holds a current WWC clearance; or

(ii)is a registered teacher under the education law;

(b)any matters included in a criminal history record check.

15Application for amendment of provider approval

For the purposes of section 22(2)(b) of the Act, the following information is prescribed for an application under section 22 of the Act for an amendment of a provider approval—

(a)the full name of the approved provider;

(b)the provider approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the details of the amendment applied for;

(e)sufficient information or documentation to support the application for amendment.

16Maximum period of suspension of provider approval

For the purposes of sections 27(b)(i) and 33(1)(a)(ii) of the Act, the prescribed maximum period of suspension of a provider approval under section 27(b)(i) or 33(1)(a)(ii) of the Act is 12 months.

17Application for voluntary suspension of provider approval

For the purposes of section 37(2)(b) of the Act, the following information is prescribed for an application under section 37 of the Act for the suspension of a provider approval—

(a)the full name of the approved provider;

(b)the provider approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the reasons for the suspension;

(e)the date on which the suspension is proposed to take effect and the duration of the suspension;

(f)what is intended to happen to each children's service operated by the approved provider during the proposed suspension;

(g)a statement indicating that the approved provider has notified the parents of children enrolled at the children's services operated by the approved provider in accordance with section 37(3) of the Act.

18Application by individual executor for provider approval

For the purposes of section 39(6)(b) of the Act, the following information is prescribed for an application for a provider approval made under section 39(5) of the Act by an executor who is an individual—

(a)the applicant's full name, and any former or other name the applicant may be known by;

(b)the applicant's residential address and contact details;

(c)the applicant's date and place of birth;

(d)in relation to the current approved provider—

(i)the approved provider's full name; and

(ii)the provider approval number; and

(iii)the date of the approved provider's death; and

(iv)a copy of the death certificate or other evidence of the death of the approved provider;

(e)the proposed duration of the provider approval;

Note

This period cannot exceed 6 months—see section 41(4)(a) of the Act.

(f)proof of the applicant's identity;

(g)if held by the applicant, a copy of the applicant's current WWC clearance;

(h)if the applicant is a registered teacher under the education law, proof of the current registration under that law;

(i)a criminal history record check issued not more than 6 months before the date of the application;

(j)a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check referred to in paragraph (i) was issued to the date of the application;

(k)if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

(l)a disciplinary proceedings statement made by the applicant;

(m)a bankruptcy declaration made by the applicant.

19Application by executor other than an individual for provider approval

For the purposes of section 39(6)(b) of the Act, the following information is prescribed for an application for a provider approval made under section 39(5) of the Act by an executor other than an individual—

(a)the applicant's name and any trading or other name used by the applicant;

(b)the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;

(c)the name and contact details of the contact person for the purposes of the application;

(d)in relation to the current approved provider—

(i)the approved provider's full name; and

(ii)the provider approval number; and

(iii)the date of the approved provider's death; and

(iv)a copy of the death certificate or other evidence of the death of the approved provider;

(e)the proposed duration of the provider approval;

Note

This period cannot exceed 6 months—see section 41(4)(a) of the Act.

(f)documentary evidence of the legal status of the applicant and its constitution;

Example

The partnership agreement for a partnership.

(g)a financial declaration regarding the applicant;

(h)for each individual who will be a person with management or control of a children's service to be operated by the applicant, the information set out in regulation 18.

20Application by individual for provider approval on incapacity of approved provider

For the purposes of section 40(3)(b) of the Act, the following information is prescribed for an application for a provider approval made under section 40(2) of the Act by the legal personal representative or guardian of an approved provider, if the applicant is an individual—

(a)the applicant's full name, and any former or other name the applicant may be known by;

(b)the applicant's residential address and contact details;

(c)the applicant's date and place of birth;

(d)the current approved provider's full name and provider approval number;

(e)the proposed duration of the provider approval;

Note

This period cannot exceed 6 months—see section 41(4)(a) of the Act.

(f)proof of the applicant's identity;

(g)if held by the applicant, a copy of the applicant's current WWC clearance;

(h)if the applicant is a registered teacher under the education law, proof of current registration;

(i)a criminal history record check issued not more than 6 months before the date of the application;

(j)a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check referred to in paragraph (i) was issued until the application is made;

(k)if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

(l)a disciplinary proceedings statement made by the applicant;

(m)a bankruptcy declaration made by the applicant.

21Application by person other than an individual for provider approval on incapacity of approved provider

For the purposes of section 40(3)(b) of the Act, the following information is prescribed for an application for a provider approval made under section 40(2) of the Act by the legal personal representative or guardian of an approved provider, if the applicant is a person other than an individual—

(a)the applicant's name and any trading or other name used by the applicant;

(b)the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the current approved provider's full name and provider approval number;

(e)the proposed duration of the provider approval;

Note

This period cannot exceed 6 months—see section 41(4)(a) of the Act.

(f)documentary evidence of the legal status of the applicant and its constitution;

Example

The partnership agreement for a partnership.

(g)a financial declaration regarding the applicant;

(h)for each individual who will be a person with management or control of a children's service to be operated by the applicant, the information set out in regulation 20.

PART 3—SERVICE APPROVALS

Division 1—Applications for service approvals

22Application for service approval

Subject to regulation 24, for the purposes of section 43(c) of the Act, the following information is prescribed for an application under section 42 of the Act for a service approval for a children's service—

(a)the applicant's full name and—

(i)provider approval number; or

(ii)if the applicant has applied for a provider approval but the application has not been decided, the applicant's contact details;

(b)the name of the proposed children's service;

(c)the proposed date on which the children's service will commence operation;

(d)if known, the contact details, including an after-hours telephone number, for the proposed children's service;

(e)the proposed ages of children to be educated and cared for by the children's service;

(f)the proposed maximum number of children to be educated and cared for by the children's service;

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

(h)the proposed type of children's service being applied for and a description of the nature of the children's service;

(ha)a description of any proposed regular transportation of children by or arranged by the children's service;

(i)a statement that the applicant has prepared the policies and procedures referred to in regulation 112;

(j)the full name and contact details, including the after-hours telephone number, of each nominated supervisor.

Note

The application must include a nominated supervisor's written consent to the nomination unless the nominated supervisor is the approved provider—see section 43(e) of the Act.

23Additional information about proposed children's service premises

(1)Subject to subregulation (2) and regulation 24, for the purposes of section 43(c) of the Act, the following information about the proposed children's service premises is prescribed for an application for a service approval for a children's service (in addition to the information required under regulation 22)—

(a)the location and street address of the proposed children's service premises;

(b)plans prepared by a building practitioner of the proposed children's service premises showing the following—

(i)the location of all buildings, structures, outdoor play areas and shaded areas;

(ii)the location of all entries and exits;

(iii)the location of all fences and gates, specifying the type of fence or gate used or to be used;

(iv)the location of toilet and washing facilities, nappy changing areas and any food preparation areas;

(v)the boundaries of the premises;

(vi)the landscape of, or landscaping plans for, outdoor spaces that will be used by the children's service, specifying the natural environments that are or will be provided;

(vii)a floor plan indicating unencumbered indoor and outdoor spaces suitable for children;

(viii)calculations, carried out by a building practitioner, of the areas referred to in regulations 76 and 77 relating to unencumbered indoor and outdoor space;

(ix)the elevation plans of the premises;

(ba)if the proposed children's service premises will be located within a multi-storey building shared with other occupants—

(i)the total number of storeys in the building; and

(ii)the storey or storeys on which the premises will be located; and

(iii)if the premises will be located on more than one storey, the ages of the children who will attend on each storey;

(c)if a swimming pool or other water hazard is situated on the proposed children's service premises, a copy of the service's proposed water safety policy;

(d)one of the following—

(i)a soil assessment for the site of the proposed children's service premises;

(ii)if a soil assessment for the site of the proposed children's service premises has previously been undertaken, a statement to that effect, specifying when the soil assessment was undertaken;

(iii)a statement made by the applicant that states that, to the best of the applicant's knowledge the site history does not indicate that the site is likely to be contaminated in a way that poses an unacceptable risk to the health of children;

(e)a copy of the planning permit for the proposed children's service premises if a planning permit is required under the planning and development law;

(f)a statement that the applicant has the right to occupy and use the premises and any document evidencing this;

Example

A lease of the premises.

(g)a copy of any occupancy permit, certificate of final inspection, building certificate, certificate of classification or building surveyor's statement issued or given in respect of the final construction and fit out of the children's service premises;

(h)a statement made by a building practitioner that states that the children's service premises complies with the requirements under the building law and planning and development law;

(i)if the proposed children's service premises has an approval in principle—

(i)the approval in principle number (if any); and

(ii)a statement made by the applicant that, to the best of the applicant's knowledge, the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or specified in, the approval in principle.

(2)If the approved provider is seeking to locate the children's service on a school site, the Regulatory Authority may determine that the requirements of subregulation (1)(b), (d), (e), (g) or (h) do not apply to the application for the service approval.

24Application for service approval for a children's service—relocation of existing children's service

(1)This regulation applies if—

(a)an application for a service approval relates to a children's service that is an approved children's service; and

(b)the purpose of the application is to change the location of that service.

Note

A service approval cannot be amended to change the location of a children's service—see section 53(8) of the Act.

(2)If the children's service is to be relocated for less than 12 months, the Regulatory Authority may determine that the requirements of regulation 23(1)(b) or (g) do not apply to the application for the service approval.

(3)If the children's service is to be relocated due to exceptional circumstances (whether for more or less than 12 months), the Regulatory Authority may determine that any of the following information is not required to be provided in the application for the service approval—

(a)the information set out in regulation 22(g);

(b)the contact details of the nominated supervisor set out in regulation 22(j);

(c)any of the information set out in regulation 23(1)(b), (ba), (c), (d), (e), (f) or (g).

(4)If the Regulatory Authority makes a determination under subregulation (3), the approved provider must provide the relevant information to the Regulatory Authority as soon as possible.

(5)A failure by the approved provider to provide the relevant information to the Regulatory Authority under subregulation (4) does not prevent the Regulatory Authority granting the service approval.

25Additional matters to have regard to in determining application for service approval

For the purposes of section 46(1)(f) of the Act, the following matters are prescribed matters for the Regulatory Authority to have regard to in determining an application for a service approval under section 42 of the Act—

(a)any suspension of the applicant's provider approval;

(b)any conditions of the applicant's provider approval;

(c)in the case of a proposed children's service to be located within a multi‑storey building shared with other occupants, for each storey on which the service is proposed to be located, whether there is direct egress to an assembly area to allow the safe evacuation of all children attending the service, including non-ambulatory children.

26Additional grounds for refusal to grant service approval

For the purposes of section 48(2) of the Act, the following grounds for refusing to grant a service approval are prescribed—

(a)the Regulatory Authority is not satisfied that the applicant is capable of operating the proposed service in a way that meets the requirements of the Act or these Regulations;

Example

The Regulatory Authority is not satisfied that the applicant is capable of maintaining premises or equipment or providing staff as required under the Act, whether because of financial or management capacity or another reason.

(b)the Regulatory Authority is not satisfied that the applicant is entitled to occupy the children's service premises.

27Condition on service approval—insurance

For the purposes of section 50(3) of the Act, the prescribed insurance in respect of the children's service is—

(a)a current policy of insurance providing adequate cover for the children's service against public liability with a minimum cover of $10 000 000; or

(b)a policy of insurance or an indemnity against public liability provided by the State in respect of the children's service.

Note

See regulation 121 for the requirement to keep evidence of prescribed insurance.

28Condition on service approval—entitlement to occupy premises

For the purposes of section 50(6) of the Act, the service continuing to be entitled to occupy the children's service premises is a prescribed condition.

29Prescribed matters included in copy of service approval

For the purposes of section 51(1)(i) of the Act, a copy of the service approval must state the type of children's service for which the service approval has been granted.

Note

Regulation 7 provides that, for the purposes of these Regulations, there are 2 types of children's service—

(a)occasional care service; and

(b)limited hours service.

30Annual fees

(1)For the purposes of section 52 of the Act, the prescribed annual fee for a service approval is the relevant annual fee set out in Schedule 2.

(2)The approved provider of a children's service must pay the relevant annual fee in respect of each service approval on or before 1 July each year.

(3)Despite subregulation (1), the prescribed annual fee for the financial year ending 30 June 2020 is nil.

Division 2—Amendment of service approval and notice of change to nominated supervisor

31Prescribed information for application to amend service approval

For the purposes of section 53(2)(b) of the Act, the following information is prescribed for an application under section 53(1) of the Act for an amendment of a service approval—

(a)the name of the children' service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the details of the amendment applied for;

(e)sufficient information or documentation to support the application for amendment.

32Notice of addition of new nominated supervisor

For the purposes of section 55(2)(b) of the Act, the following information is prescribed for a notice under section 55(1) of the Act to add a new nominated supervisor of a children's service—

(a)the name of the children's service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the full name and contact details of the new nominated supervisor;

(e)the date on which the new nominated supervisor commences or commenced work as a nominated supervisor.

Note

A notice must include a nominated supervisor's written consent to the nomination unless the nominated supervisor is the approved provider—see section 55(2)(a) of the Act.

Division 3—Transfer of service approval

33Notice of transfer of service approval

For the purposes of section 59(2)(b) of the Act, the following information is prescribed for a notice under section 59(1) of the Act of a transfer of a service approval for a children's service—

(a)the name of the children's service;

(b)the service approval number;

(c)the transferring approved provider's—

(i)name and contact details; and

(ii)provider approval number;

(d)the receiving approved provider's—

(i)name and contact details; and

(ii)provider approval number;

(e)the date on which the transfer is intended to take effect;

(f)the details of any proposed changes in relation to the information required to be provided under regulations 22 and 23.

34Notification of decision to intervene in transfer of service approval

For the purposes of section 62(4)(b) of the Act, the following information is prescribed for a notification under section 62(2) of the Act of the decision to intervene in the transfer of a service approval—

(a)the name of the children's service;

(b)the service approval number;

(c)the name of the transferring approved provider;

(d)the name of the receiving approved provider;

(e)the matters about which the Regulatory Authority is concerned.

Division 4—Suspension of service approval

35Maximum period of suspension of service approval

For the purposes of sections 72(b)(i) and 78(1)(a)(ii) of the Act, the prescribed maximum period of suspension of a service approval is 12 months.

36Application for voluntary suspension of service approval

For the purposes of section 83(2)(b) of the Act, the following information is prescribed for an application under section 83(1) of the Act for the suspension of a service approval—

(a)the name of the children's service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the reasons for the suspension;

(e)the date on which the suspension is proposed to take effect and the duration of the suspension;

(f)a statement indicating that the approved provider has notified the parents of children enrolled at the children's service in accordance with section 83(4) of the Act.

Division 5—Service waiver

37Service waiver—prescribed requirements

For the purposes of section 85(1) of the Act, the requirements of regulations 73, 76, 77, 79 to 84, 88, 90, 91, 92 and 93 are prescribed.

38Prescribed information—application for service waiver

For the purposes of section 86(b) of the Act, the following information is prescribed for an application under section 85 of the Act for a service waiver—

(a)the name of the children's service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)a statement that specifies—

(i)the regulations in relation to which a service waiver is sought; and

(ii)the way in which the children's service does not or will not comply with the specified regulations;

(e)if the children's service is unable to comply with the specified regulations—

(i)the reasons that the children's service is unable to comply; and

(ii)details and evidence of any attempts made to comply with the specified regulations;

(f)the reasons that the children's service seeks the service waiver;

(g)the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the service while the service waiver is in force.

39Prescribed period—revocation of service waiver

(1)For the purposes of section 90(3) of the Act, the prescribed period in relation to a revocation of a service waiver under section 90(1) of the Act is—

(a)14 days after the Regulatory Authority notifies the approved provider of the decision to revoke; or

(b)if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.

(2)For the purposes of section 90(3) of the Act, the prescribed period in relation to a revocation of a service waiver under section 90(2) of the Act, is—

(a)14 days after the Regulatory Authority notifies the approved provider of the approval of the application; or

(b)if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.

Division 6—Temporary waiver

40Temporary waiver—prescribed requirements

For the purposes of section 92 of the Act, the requirements of regulations 73, 76, 77, 79 to 84, 88, 90, 91, 92, 93 and 95 are prescribed.

41Application for temporary waiver

For the purposes of section 93(b) of the Act, the following information is prescribed for an application under section 92 of the Act for a temporary waiver—

(a)the name of the children's service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)a statement that specifies—

(i)the regulations in relation to which a temporary waiver is sought; and

(ii)the way in which the children's service does not or will not comply with the regulations;

(e)the reasons that the children's service is unable to comply with the specified regulations;

(f)details and evidence of any attempts made to comply with the specified regulations;

(g)the period for which a temporary waiver is sought and the reasons for seeking that period;

Note

This period cannot exceed 12 months—see section 96(2) of the Act.

(h)details of steps that are being or will be taken in order to comply with the specified regulations;

(i)the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the service while the temporary waiver is in force.

PART 3A—PREMISES APPROVALS IN PRINCIPLE

41AApplication for approval in principle of proposed premises

For the purposes of section 100B(1)(c) of the Act, the following information is prescribed—

(a)if the applicant is an individual—

(i)the applicant's full name; and

(ii)any former or other name the applicant may be known by; and

(iii)proof of the applicant's identity;

(b)if the applicant is a person other than an individual—

(i)the applicant's name; and

(ii)any trading or other name used by the applicant; and

(iii)documentary evidence of the legal status of the applicant and its constitution;

Example

The partnership agreement for a partnership.

(c)the applicant's ABN (if any);

(d)the applicant's provider approval number (if any);

(e)if the applicant does not have a provider approval number, whether the applicant has applied for a provider approval but the application has not been decided;

Note

A provider approval is not required for an application for an approval in principle.

(f)the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;

(g)the name and contact details of the contact person for the purposes of the application;

(h)the location and street address of the proposed children's service premises;

(i)a description of the land on which the proposed children's service premises will be located;

Example

Lot and plan numbers on the certificate of title.

(j)a soil assessment for the site of the proposed children's service premises;

(k)plans prepared by a building practitioner showing—

(i)all possible evacuation routes from each storey of the proposed children's service premises; and

(ii)the assembly area proposed to be used in an emergency evacuation of the proposed children's service premises;

(l)a description of—

(i)any other occupants or proposed occupants of the building in which the premises are proposed to be located; and

(ii)the types of any enterprises operating from properties within 50 metres of the proposed children's service premises;

Example

A supermarket.

(m)a plan showing the direct sunlight to be received by the proposed children's service premises between 9.00 a.m. and 3.00 p.m. on the winter solstice and the summer solstice.

41BApplication for amendment of approval in principle

For the purposes of section 100J(2)(b) of the Act, the following information is prescribed—

(a)the approval in principle number (if any);

(b)the name of the approval in principle holder;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the location and street address of the proposed children's service premises;

(e)a description of the land on which the proposed children's service premises will be located;

Example

Lot and plan numbers on the certificate of title.

(f)the details of the amendment applied for;

(g)any plans prepared by a building practitioner that are relevant to the amendment applied for.

41CNotice of transfer of approval in principle

For the purposes of section 100M(3)(c) of the Act, the following information is prescribed—

(a)the approval in principle number (if any);

(b)the name of the transferring approval in principle holder;

(c)the name and contact details of the contact person for the transferring approval in principle holder for the purposes of the transfer;

(d)the location and street address of the proposed children's service premises;

(e)a description of the land on which the proposed children's service premises will be located;

Example

Lot and plan numbers on the certificate of title.

(f)if the receiving approval in principle holder is an individual—

(i)the individual's full name; and

(ii)any former or other name the individual may be known by; and

(iii)proof of the individual's identity;

(g)if the receiving approval in principle holder is a person other than an individual—

(i)the person's name; and

(ii)any trading or other name used by the person; and

(iii)documentary evidence of the legal status of the person and its constitution;

Example

The partnership agreement for a partnership.

(h)the receiving approval in principle holder's ABN (if any);

(i)the receiving approval in principle holder's address and postal address or, if there is more than one address, the street address and postal address of the receiving approval in principle holder's principal office;

(j)the name and contact details of the contact person for the receiving approval in principle holder for the purposes of the transfer.

41DApplication to extend approval in principle

For the purposes of section 100S(3)(b) of the Act, the following information is prescribed—

(a)the approval in principle number (if any);

(b)the name of the approval in principle holder;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the location and street address of the proposed children's service premises;

(e)a description of the land on which the proposed children's service premises will be located;

Example

Lot and plan numbers on the certificate of title.

(f)the estimated date of completion of the construction, alteration or repair of the proposed children's service premises;

(g)details of any proposed application for a service approval in respect of the proposed children's service premises, including—

(i)the name of the approved provider (if any); and

(ii)the provider approval number (if any); and

(iii)the estimated date by which the application for a service approval will be made.

41EApplication to reinstate approval in principle

For the purposes of section 100T(2)(b) of the Act, the following information is prescribed—

(a)the approval in principle number (if any);

(b)the name of the approval in principle holder at the time of the expiry of the approval in principle;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the location and street address of the proposed children's service premises;

(e)a description of the land on which the proposed children's service premises will be located;

Example

Lot and plan numbers on the certificate of title.

(f)the estimated date of completion of the construction, alteration or repair of the proposed children's service premises;

(g)details of any proposed application for a service approval in respect of the proposed children's service premises, including—

(i)the name of the approved provider (if any); and

(ii)the provider approval number (if any); and

(iii)the estimated date by which the application for a service approval will be made.

PART 4—OPERATIONAL REQUIREMENTS

Division 1—Educational program and practice

42Educational program

(1)This Part applies in relation to the program (the educational program) that is required to be delivered under section 108 of the Act to a child being educated and cared for by a children's service.

(2)An educational program is to contribute to the following outcomes for each child—

(a)the child will have a strong sense of identity;

(b)the child will be connected with and contribute to his or her world;

(c)the child will have a strong sense of wellbeing;

(d)the child will be a confident and involved learner;

(e)the child will be an effective communicator.

43Documenting of child assessments or evaluations for delivery of educational program

(1)The approved provider of the children's service must ensure that, for the purposes of the educational program, the following are documented—

(a)for a child preschool age or under—

(i)assessments of the child's developmental needs, interests, experiences and participation in the educational program; and

(ii)assessments of the child's progress against the outcomes of the educational program;

(b)for a child over preschool age, evidence of the development of the program.

Note

A compliance direction may be issued for failure to comply with this subregulation.

(2)In preparing the documentation, the approved provider must—

(a)consider—

(i)the period of time that the child is being educated and cared for by the service; and

(ii)how the documentation will be used by the educators at the service; and

(b)prepare the documentation in a way that is readily understandable by the educators at the service and the parents of the child.

44Information about educational program to be kept available

The approved provider of a children's service must ensure that—

(a)information about the contents and operation of the educational program for the service is displayed at the children's service premises at a place accessible to parents of children being educated and cared for by the service; and

(b)a copy of the educational program is available at the children's service premises.

Note

A compliance direction may be issued for failure to comply with this regulation.

45Information about educational program to be given to parents

The approved provider of a children's service must ensure that a parent of a child being educated and cared for by the service is provided with the following information on request—

(a)information about the content and operation of the educational program so far as it relates to that child;

(b)information about the child's participation in the program;

(c)a copy of the documents kept under regulation 43 in respect of the child.

Note

A compliance direction may be issued for failure to comply with this regulation.

Division 2—Health, safety and wellbeing of children

46Health, hygiene and safe food practices

(1)The approved provider of a children's service must ensure that nominated supervisors and staff members of, and volunteers at, the service implement—

(a)adequate health and hygiene practices; and

(b)safe practices for handling, preparing and storing food—

to minimise risks to children being educated and cared for by the service.

Penalty:10 penalty units.

Note

A compliance direction may be issued for failure to comply with this subregulation.

(2)A nominated supervisor of a children's service must implement, and ensure that all staff members of, and volunteers at, the service implement—

(a)adequate health and hygiene practices; and

(b)safe practices for handling, preparing and storing food—

to minimise risks to children being educated and cared for by the service.

Penalty:10 penalty units.

47Food and beverages

(1)The approved provider of a children's service must ensure that children being educated and cared for by the service—

(a)have access to safe drinking water at all times; and

(b)are offered food and beverages appropriate to the needs of each child on a regular basis throughout the day.

Penalty:10 penalty units.

Note

A compliance direction may be issued for failure to comply with this subregulation.

(2)A nominated supervisor of a children's service must ensure that children being educated and cared for by the service—

(a)have access to safe drinking water at all times; and

(b)are offered food and beverages on a regular basis throughout the day.

Penalty:10 penalty units.

48Service providing food and beverages

(1)The approved provider of a children's service that provides food or a beverage to children being educated and cared for by the service must ensure that—

(a)the food or beverage provided is nutritious and adequate in quantity; and

(b)the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—

(i)each child's growth and development needs; and

(ii)any specific cultural, religious or health requirements.

Penalty:10 penalty units.

Note

A compliance direction may be issued for failure to comply with this subregulation.

(2)A nominated supervisor of a children's service that provides food or a beverage to children being educated and cared for by the service must ensure that—

(a)the food or beverage provided is nutritious and adequate in quantity; and

(b)the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—

(i)each child's growth and development needs; and

(ii)any specific cultural, religious or health requirements.

Penalty:10 penalty units.

(3)To avoid doubt, this regulation does not apply to food or a beverage provided by a parent or family member for consumption by the child.

49Weekly menu

(1)The approved provider of a children's service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu—

(a)is displayed at a place at the children's service premises accessible to parents of children being educated and cared for by the service; and

(b)accurately describes the food and beverages to be provided by the service each day.

Penalty:5 penalty units.

Note

A compliance direction may be issued for failure to comply with this subregulation.

(2)A nominated supervisor of a children's service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu—

(a)is displayed at a place at the children's service premises accessible to parents of children being educated and cared for by the service; and

(b)accurately describes the food and beverages to be provided by the service each day.

Penalty:5 penalty units.

(3)To avoid doubt, this regulation does not apply to food and beverages provided by a parent or family member for consumption by the child.

*                *                *                *                *

51Tobacco, drug and alcohol-free environment

The approved provider of a children's service must ensure that children being educated and cared for by the service are provided with an environment that is free from the use of tobacco, illicit drugs and alcohol.

Penalty:10 penalty units.

Note

A compliance direction may be issued for failure to comply with this regulation.

52Staff members not to be affected by alcohol or drugs

(1)The approved provider of a children's service must ensure that a nominated supervisor or a staff member of, or volunteer at, the service is not affected by alcohol or drugs (including prescription medication) so as to impair the person's capacity to supervise or provide education and care to children being educated and cared for by the service.

Penalty:10 penalty units.

Note

A compliance direction may be issued for failure to comply with this subregulation.

(2)A nominated supervisor of a children's service must not, while educating and caring for children for the service—

(a)consume alcohol; or

(b)be affected by alcohol or drugs (including prescription medication) so as to impair the supervisor's capacity to supervise or provide education and care to the children.

Penalty:10 penalty units.

53Awareness of child protection law

(1)The approved provider of a children's service must ensure that a person specified in subregulation (2) is advised of—

(a)the existence and application of any child protection law; and

(b)any obligations that the person may have under that law.

Penalty:5 penalty units.

Note

A compliance direction may be issued for failure to comply with this regulation.

(2)The following persons are specified—

(a)a nominated supervisor of the service;

(b)a staff member of the service;

(c)a volunteer at the service;

(d)a student who participates in the service.

Division 2A—Sleep and rest

53ASleep and rest

(1)The approved provider of a children's service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, developmental stages and individual needs of the children.

Penalty:5 penalty units.

Note

A compliance direction may be issued for failure to comply with this subregulation.

(2)A nominated supervisor of a children's service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, developmental stages and individual needs of the children.

Penalty:5 penalty units.

53BSleep and rest policies and procedures

The sleep and rest policies and procedures required under regulation 112(2)(a)(v) must address—

(a)how children will be protected from any risks identified in a risk assessment conducted under regulation 53C; and

(b)how the sleep and rest needs of children being educated and cared for by the service are met, including how the ages, developmental stages and the sleep and rest needs of individual children are considered; and

(c)how the health care needs of individual children being educated and cared for by the service are met; and

(d)how requests from families about a child's sleep and rest and cultural preferences are considered; and

(e)supervision and monitoring during sleep and rest periods, including—

(i)the method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods; and

(ii)the documentation of sleep and rest periods; and

(f)how the sleep and rest practices at the service are consistent with any current health guidelines on the best practices to adopt to ensure the safety of children during sleep and rest; and

(g)the induction, training and knowledge of staff who educate and care for children at the service in relation to best practices for children's sleep and rest; and

(h)the location and arrangement of sleep and rest areas at the service and how this meets the sleep and rest needs of children being educated and cared for by the service; and

(i)safety and suitability of cots, bedding and bedding equipment, having regard to the ages and developmental stages of children who will use the cots, bedding and bedding equipment; and

(j)management of potential hazards—

(i)in sleep and rest areas; and

(ii)on a child during sleep and rest periods; and

(k)management of physical safety and suitability of sleep and rest environments (including temperature, lighting and ventilation); and

(l)communication of the sleep and rest policies and procedures to a parent.

53CRisk assessment for purposes of sleep and rest policies and procedures

(1)The approved provider of a children's service must ensure that a sleep and rest risk assessment is conducted in accordance with this regulation—

(a)at least once every 12 months; and

(b)as soon as practicable after becoming aware of any circumstance that may affect the safety, health or wellbeing of children during sleep and rest.

Penalty:10 penalty units.

Note

A compliance direction may be issued for failure to comply with this subregulation.

(2)A risk assessment must consider the following—

(a)the number, ages and developmental stages of children being educated and cared for by the service;

(b)the sleep and rest needs of children being educated and cared for (including health care needs, cultural preferences, sleep and rest needs of individual children and requests from families about a child's sleep and rest) by the service;

(c)the suitability of staffing arrangements to adequately supervise and monitor children during sleep and rest periods;

(d)the level of knowledge and training of staff supervising children during sleep and rest periods;

(e)the location of sleep and rest areas, including the arrangement of cots and beds within the sleep and rest areas at the service;

(f)the safety and suitability of any cots, beds and bedding equipment, having regard to the ages and developmental stages of the children who will use the cots, bed and bedding equipment;

(g)any potential hazards—

(i)in sleep and rest areas; or

(ii)on a child during sleep and rest periods;

(h)the physical safety and suitability of sleep and rest environments (including temperature, lighting and ventilation) at the service.

(3)As soon as practicable after conducting a risk assessment under this regulation, the approved provider of a children's service must make any necessary updates to the sleep and rest policies and procedures.

(4)The approved provider must keep a record of each risk assessment conducted under this regulation.

53DProhibition of bassinets

(1)The approved provider of a children's service must ensure that a bassinet is not on the children's service premises at any time during which children are being educated and cared for by the service.

Penalty:10 penalty units.

Note

A compliance direction may be issued for failure to comply with this subregulation.

(2)A nominated supervisor of a children's service must ensure that a bassinet is not on the children's service premises at any time during which children are being educated and cared for by the service.

Penalty:10 penalty units.

Division 3—Incidents, injury, trauma and illness

54Incident, injury, trauma and illness policies and procedures

The incident, injury, trauma and illness policies and procedures of a children's service required under regulation 112 must include policies and procedures to be followed by nominated supervisors and staff members of, and volunteers at, the service in the event that a child, while being educated and cared for by the service—

(a)is injured; or

(b)becomes ill; or

(g)in case of any other record, until the end of 3 years after the date on which the record was made.

Note

A compliance direction may be issued for failure to comply with this regulation.

124Storage of records after service approval transferred

(1)Subject to subregulation (2), if a service approval is transferred under the Act, the transferring approved provider must transfer the documents referred to in regulation 120 relating to children currently enrolled with the service to the receiving approved provider on the date that the transfer takes effect.

(2)The transferring approved provider must not transfer the documents relating to a child under subregulation (1) unless a parent of the child has first consented to that transfer.

Subdivision 5—Act and regulations to be available

125Act and regulations to be available

The approved provider of a children's service must ensure that a copy of the Act and these Regulations is accessible at the children's service premises at all times for use by nominated supervisors, staff members, volunteers, parents of children enrolled at the service and any person seeking to make use of the service.

Note

A compliance direction may be issued for failure to comply with this regulation.

PART 8—REVIEW, ENFORCEMENT AND COMPLIANCE

Division 1—Internal review

126Application for internal review of reviewable decision

An application for internal review under section 133(1) of the Act must include the following information—

(a)the name of the applicant;

(b)contact details for the applicant, including an address for service of the decision;

(c)the provider approval number or service approval number to which the reviewable decision relates;

(d)the full name of the person to whom the provider approval or service approval was granted;

(e)a statement setting out—

(i)the details of the decision or the part of the decision with respect to which review is sought; and

(ii)how the decision affects the applicant; and

(iii)the grounds for seeking a review of the decision;

(f)any information that the applicant considers relevant to the review.

Division 2—Enforcement and compliance

127Prescribed form of identity card

(1)For the purposes of section 137(1) of the Act, an identity card is in the prescribed form if it—

(a)states the full name of the authorised officer; and

(b)states that the officer is authorised under section 136 of the Act; and

(c)is issued by the Regulatory Authority; and

(d)states the date of the officer's authorisation.

(2)An identity card may contain a photograph of the authorised officer.

(3)If an identity card does not contain a photograph of the authorised officer, the authorised officer must carry the following and produce it when showing the identity card under the Act or these Regulations—

(a)another form of photographic identification of the authorised officer;

(b)a letter from the Regulatory Authority authorising the use of that form of photographic identification.

Penalty:5 penalty units.

128Compliance directions

The regulations set out in Schedule 4 are prescribed for the purposes of section 116 of the Act.

129Application to cancel prohibition notice

For the purposes of section 127(3)(b) of the Act, the following information is prescribed—

(a)the applicant's name;

(b)contact details for the applicant, including an address for service of the decision;

(c)a statement setting out the grounds for the application to cancel the prohibition notice.

Note

Section 127(4), (5) and (6) of the Act set out additional statements that may be included in the application.

129AInfringement offences and infringement penalties

(1)For the purposes of section 178A(1)(b) of the Act, an offence set out in Column 2 of Schedule 5 is a prescribed offence for which an infringement notice may be served.

(2)The infringement penalty for an infringement offence specified in an item in Column 2 of Schedule 5 is set under section 178A(3) of the Act and is the amount specified in Column 3 of that Schedule for that infringement offence.

PART 9—INFORMATION, RECORDS AND PRIVACY—REGULATORY AUTHORITY

Division 1—Publication of information

130Publication of information

For the purposes of section 165(1)(c) of the Act, the following matters are prescribed—

(a)the contact details for the service;

(b)the hours and days of operation of the service;

(c)the conditions to which the service approval is subject;

(d)the approved number of places of the service.

131Compliance and enforcement information

(1)For the purposes of section 165(3)(a) of the Act, the information set out in subregulation (3) in relation to any enforcement action set out in subregulation (2) is prescribed.

(2)The enforcement actions are—

(a)a prosecution for an offence against the Act or these Regulations leading to a conviction or finding of guilt or a plea of guilty; and

(b)the acceptance by the Regulatory Authority of an enforceable undertaking; and

(c)the giving of a compliance notice; and

(d)the suspension or cancellation (other than a voluntary suspension or surrender) of a provider approval or service approval; and

(e)an amendment made to a provider approval or service approval for purposes of enforcement; and

(f)the giving of an emergency action notice under section 118 of the Act.

(3)The following information may be published—

(a)the nature of the enforcement action;

(b)where enforcement action has been taken against the approved provider and if the Regulatory Authority is satisfied that it is in the public interest to do so, information which identifies a person with management or control of a children's service;

(c)the details of the person in relation to whom the enforcement action was taken, including—

(i)the name and provider approval number of the approved provider; and

(ii)the address of the service; and

(iii)the name by which the service is known; and

(iv)for an individual, the name of the individual;

(d)the reason for taking the enforcement action, including details of the contravention or alleged contravention by the person of the Act or these Regulations and the provision that was contravened or alleged to be contravened;

(e)details of the enforcement action taken, including—

(i)for a prosecution leading to a conviction or finding of guilt or a plea of guilty—

(A)the provision of the Act or these Regulations that the person was convicted or found guilty of, or pleaded guilty to, contravening; and

(B)the date of the conviction, finding of guilt or the making of the plea of guilty for the offence; and

(C)any penalty imposed for the offence; and

(D)information about any steps taken to remedy the subject of the prosecution and the date the steps were taken; and

(ii)for an enforceable undertaking—

(A)the terms of the enforceable undertaking; and

(B)the date of the enforceable undertaking; and

(C)information about any steps taken to remedy the subject of the enforceable undertaking and the date the steps were taken; and

(iii)for a compliance notice—

(A)the steps specified in the compliance notice that the person must take to comply with the provision of the Act or these Regulations; and

(B)the date specified in the notice by which the steps must be taken; and

(C)information about any steps taken to remedy the subject of the compliance notice and the date the steps were taken; and

(iv)for the amendment of a provider approval or service approval—

(A)the details of the amendment; and

(B)the date on which the amendment took effect; and

(v)for    a suspension of a provider approval or service approval—

(A)the date on which the suspension took effect; and

(B)the date on which the suspension ends; and

(vi)for a cancellation of a provider approval or service approval, the date on which the cancellation took effect.

(4)In this regulation, a reference to information does not include information that could identify or lead to the identification of a child.

Note

Section 165(4) of the Act further restricts the publication of identifying information.

132Timing of publication where internal or external review of enforcement action is available

(1)If the Regulatory Authority publishes information about an enforcement action for which an application for internal review or external review can be made under section 133 or 135 of the Act, it must publish the information in accordance with this regulation.

(2)If an application for internal review can be made under section 133(1) of the Act, the Regulatory Authority may publish the information after the end of the period specified in section 133(2) of the Act if no application for internal review is received in that period.

(3)If an application for external review can be made under section 135(1) of the Act, the Regulatory Authority may publish the information after the end of the period specified in section 135(2) of the Act if no application for external review is received in that period.

(4)If an application for internal or external review is made and withdrawn before a decision is made on the review, the Regulatory Authority may publish the information on or after the day on which the application is withdrawn.

(5)If an application is made for an external review, the Regulatory Authority may publish the information on or after the day on which the decision with respect to the review is made if the enforcement action is confirmed or amended on review, or if another enforcement action is substituted on review.

Division 2—Registers

133Register of approved providers

For the purposes of section 163(2)(b) of the Act, the following information is prescribed—

(a)the postal address of the approved provider;

(b)any conditions to which the provider approval is subject;

(c)the date the provider approval was granted;

(d)the provider approval number;

(e)the service approval numbers of all children's services provided by the approved provider.

134Register of approved children's services

For the purposes of section 164(2)(d) of the Act, the following information is prescribed—

(a)the contact details for the service;

(b)the hours of operation of the service;

(c)any conditions to which the service approval is subject;

(d)the approved number of places;

(e)the date the approved provider was granted the service approval;

(f)the service approval number;

(g)the provider approval number.

PART 10—ADMINISTRATION

135Prescribed fees

For the purposes of the Act, the fees set out in Schedule 3 are prescribed.

136Late payment fees (annual fees)

(1)If the annual fee for a service approval is not paid on or before 1 July, the Regulatory Authority may charge the approved provider a late payment fee, in addition to the annual fee, for every 30 days (or part of every 30 days) that the annual fee is overdue.

(2)The late payment fee is 15 per cent of the relevant annual fee prescribed for the purposes of section 52 of the Act.

137Waiver, reduction, deferral and refund of fees

The Regulatory Authority may waive, reduce, defer or refund any fee payable or paid to it under the Act or these Regulations if there are exceptional circumstances.

138Publication of fees

For the purposes of section 165(3)(b) of the Act, the fees applicable for the following financial year is a prescribed matter about which the Regulatory Authority may publish information.

PART 11—TRANSITIONAL AND SAVING PROVISIONS

Division 1—Definitions

139Definitions

In this Part—

former licensed children's service means a children's service in respect of which any of the following licence types were issued and in force immediately before the commencement day—

(a)a licence to operate a standard service;

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

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

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

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

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

old regulations means the Children's Services Regulations 2009[1] as in force immediately before the commencement day;

qualified staff member, in relation to a former licensed children's service, has the same meaning as in regulation 5 of the old regulations; and

staff member, in relation to a former licensed children's service, has the same meaning as in regulation 5 of the old regulations.

Division 2—Conversion of old licence types to new types of children's service

140Conversion of old licence types to new types of children's service

(1)On and from the commencement day, each of the following children's services is taken to be an occasional care service—

(a)a children's service in respect of which a licence to operate a standard service was issued and in force immediately before the commencement day;

(b)a children's service in respect of which a licence to operate a school holidays care service was issued and in force immediately before the commencement day;

(c)a children's service in respect of which a licence to operate a limited hours Type 2 service was issued and in force immediately before the commencement day;

(d)a children's service in respect of which a licence to operate a short term Type 1 service was issued and in force immediately before the commencement day.

(2)On and from the commencement day, each of the following children's services is taken to be a limited hours service—

(a)a children's service in respect of which a licence to operate a limited hours Type 1 service was issued and in force immediately before the commencement day;

(b)a children's service in respect of which a licence to operate a short term Type 2 service was issued and in force immediately before the commencement day.

141Saving provision—references to old licence types

(1)On and from the commencement day, a reference to a children's service or a licence type referred to in regulation 140(1) is taken to be a reference to an occasional care service.

(2)On and from the commencement day, a reference to a children's service or a licence type referred to in regulation 140(2) is taken to be a reference to a limited hours service.

Division 3—Educator to child ratios and educator qualification requirements

142Application of staffing requirements to former licensed children's services

(1)This Division applies to a former licensed children's service until 31 December 2021.

(2)Subdivisions 2 and 3 of Division 11 of Part 4 do not apply to a former licensed children's service until 1 January 2022.

143Requirements for former standard services

(1)This regulation applies to a children's service in respect of which a licence to operate a standard service was issued and in force immediately before the commencement day.

(2)For the purposes of section 109(1), (2), (3) and (4) of the Act, the prescribed minimum number and minimum qualification requirements of educators are—

(a)for children from birth to under 36 months of age—

(i)one educator to 4 children or fraction of that number of children; and

(ii)one educator who holds, or is actively working towards, at least an approved diploma level education and care qualification, to every 12 children or fraction of that number of children; and

(b)for children aged 36 months of age or over—

(i)one educator to every 15 children or fraction of that number of children; and

(ii)one educator who holds, or is actively working towards, at least an approved diploma level education and care qualification, to every 30 children or fraction of that number of children.

(3)It is a prescribed qualification requirement that the educators, other than the educators referred to in subregulations (2)(a)(ii) and (2)(b)(ii), hold, or be actively working towards, at least an approved certificate III level education and care qualification.

144Requirements for former school holidays care services

(1)This regulation applies to a children's service in respect of which a licence to operate a school holidays care service was issued and in force immediately before the commencement day. 

(2)For the purposes of section 109(1), (2), (3) and (4) of the Act, the prescribed minimum number and minimum qualification requirements of educators are—

(a)one educator to 15 children or fraction of that number of children; and

(b)one educator who holds, or is actively working towards, at least an approved diploma level education and care qualification, to every 30 children or fraction of that number of children.

(3)It is a prescribed qualification requirement that the educators, other than the educator referred to in subregulation (2)(b), hold, or be actively working towards, at least an approved certificate III level education and care qualification.

145Requirements for former limited hours Type 1 services

(1)This regulation applies to a children's service in respect of which a licence to operate a limited hours Type 1 service was issued and in force immediately before the commencement day.

(2)For the purposes of section 109(1), (2), (3) and (4) of the Act, the prescribed minimum number and minimum qualification requirements of educators are—

(a)for children from birth to under 36 months of age, one educator to 5 children or fraction of that number of children; and

(b)for children aged 36 months of age or over (excluding children over preschool age), one educator to 15 children or fraction of that number of children; and

(c)all educators used to meet the ratios in paragraphs (a) and (b) hold at least an approved certificate III level education and care qualification.

146Requirements for former limited hours Type 2 services

(1)This regulation applies to a children's service in respect of which a licence to operate a limited hours Type 2 service was issued and in force immediately before the commencement day.

(2)For the purposes of section 109(1), (2), (3) and (4) of the Act, the prescribed minimum number and minimum qualification requirements of educators are—

(a)for children from birth to under 36 months of age—

(i)one educator to 5 children or fraction of that number of children; and

(ii)one educator who holds, or is actively working towards, at least an approved diploma level education and care qualification to 12 children or fraction of that number of children; and

(b)for children aged 36 months of age or over—

(i)one educator to 15 children or fraction of that number of children; and

(ii)one educator who holds, or is actively working towards, at least an approved diploma level education and care qualification to 30 children or fraction of that number of children.

(3)It is a prescribed qualification requirement that the educators, other than the educators referred to in subregulations (2)(a)(ii) and (2)(b)(ii), hold, or be actively working towards, at least an approved certificate III level education and care qualification.

147Requirements for former short term Type 1 services

(1)  This regulation applies to a children's service in respect of which a licence to operate a short term Type 1 service was issued and in force immediately before the commencement day. 

(2)For the purposes of section 109(1), (2), (3) and (4) of the Act, the prescribed minimum number and minimum qualification requirements of educators are—

(a)for children from birth to under 36 months of age—

(i)one educator to 5 children or fraction of that number of children; and

(ii)one educator who holds, or is actively working towards, an approved diploma level education and care qualification to 12 children or fraction of that number of children; and

(b)for children aged 36 months of age or over—

(i)one educator to 15 children or fraction of that number of children; and

(ii)one educator who holds, or is actively working towards, at least an approved diploma level education and care qualification to 30 children or fraction of that number of children.

(3)It is a prescribed qualification requirement that the educators, other than the educators referred to in subregulations (2)(a)(ii) and (2)(b)(ii), hold, or be actively working towards, at least an approved certificate III level education and care qualification.

148Requirements for former short term Type 2 services

(1)This regulation applies to a children's service in respect of which a licence to operate a short term Type 2 service was issued and in force immediately before the commencement day.

(2)For the purposes of section 109(1), (2), (3) and (4) of the Act, the prescribed minimum number and minimum qualification requirements of educators are—

(a)for children from birth to under 36 months of age, one educator to 5 children or fraction of that number of children; and

(b)for children aged 36 months of age or over, one educator for every 15 children or fraction of that number of children; and

(c)if the service educates or cares for 16 children or more, one educator who holds, or is actively working towards, at least an approved diploma level education and care qualification, to every 30 children or fraction of that number of children.

(3)It is a prescribed qualification requirement that the educators, other than the educator referred to in subregulation (2)(c), hold, or be actively working towards, at least an approved certificate III level education and care qualification.

149Service waiver for transitional ratios and qualification requirements

(1)For the purposes of section 85(1) of the Act, the requirements of regulations 143, 144, 145, 146, 147 and 148 are prescribed.

(2)Regulations 38 and 39 apply to a waiver from the requirements of a regulation specified in subregulation (1).

150Temporary waiver for transitional ratios and qualification requirements

(1)For the purposes of section 92 of the Act, the requirements of regulations 143, 144, 145, 146, 147 and 148 are prescribed.

(2)Regulation 41 applies to an application for a waiver from the requirements of a regulation specified in subregulation (1).

Division 4—Saving of existing experience and qualifications

151Saving provision—education experience and qualifications

(1)This regulation applies to an educator who immediately before the commencement day—

(a)was employed as a staff member at a former licensed children's service; and

(b)met the requirements of regulation 130(1) of the old regulations.

(2)The educator is taken to hold an approved certificate III level education and care qualification for the purposes of the educator qualification requirements in these regulations.

Division 5—Other operational requirements

152Non-application of certain operational requirements to former licensed children's services

The following regulations do not apply to a former licensed children's service until 1 January 2022—

(a)regulation 54;

(b)regulation 59;

(c)regulation 60; 

(d)regulation 79(a) and (c);

(e)regulation 81(3);

(f)regulation 84;

(g)regulation 95(1)(c) and (2)(c);

(h)regulation 108;

(i)regulation 109;

(j)regulation 110;

(k)regulation 112;

(l)regulation 113;

(m)regulation 114;

(n)regulation 115.

Division 6—Information, policies, procedures to be made available and other matters

153Application of Division

This Division applies to a former licensed children's service until 31 December 2021.

154Saving provision—information to be made available or displayed at former licensed children's services

(1)The approved provider of a former licensed children's service must ensure information about the following matters is available for inspection at the 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 members;

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

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

(f)procedures for dealing with infectious disease;

(g)provision for dealing with complaints;

(h)an anaphylaxis management policy.

(2)The approved provider of a former licensed children's service must ensure that a schedule of fees charged by the service is displayed prominently at the main entrance to the premises where the children's service operates.

155Policies, procedures etc. to be followed

The approved provider of a former licensed children's service must take reasonable steps to ensure that nominated supervisors and staff members of, and volunteers at, the service follow the policies, and procedures, arrangements and provision referred to in regulation 154(1).

156Notification of change to policies, procedures etc.

(1)Subject to subregulation (2), the approved provider of a children's service must ensure that parents of children enrolled at the service are notified at least 14 days before making any change to—

(a)the information referred to in regulation 154(1), if the change may have a significant impact on—

(i)the service's provision of education and care to any child enrolled at the service; or

(ii)the family's ability to utilise the service; or

(b)the schedule of fees referred to in regulation 154(2).

(2)If the approved provider considers that the notice period would pose a risk to the safety, health or wellbeing of any child enrolled at the service, the approved provider must ensure that parents of children enrolled at the service are notified as soon as practicable after making a change referred to in subregulation (1).

(3)The approved provider of a children's service must ensure that parents of children enrolled at the service are notified at least 14 days before making any change that will affect the fees charged or the arrangements for the payment of fees.

SCHEDULE 1—REVOCATION OF REGULATIONS

Regulation 4

1.Children's Services Regulations 2009, S.R. No 53/2009.

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

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

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

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

SCHEDULE 2—PRESCRIBED ANNUAL FEE FOR SERVICE APPROVAL

Regulation 30

Item no.	Section of the Act	Description	Occasional care services	Limited hours services
1	Section 52	Annual fee for service approval	1 to 15 approved places—3 fee units	1 to 15 approved places—3 fee units
16 to 30 approved places—6 fee units	16 to 30 approved places—6 fee units
31 to 60 approved places—10 fee units	31 or more approved places—10 fee units
61 or more approved places—14 fee units

SCHEDULE 3—OTHER PRESCRIBED FEES

Regulation 135

Item no.	Section of the Act	Description	Occasional care services	Limited hours services
1	Section 11(d)	Application for provider approval	15 fee units	15 fee units
2	Section 22(2)(c)	Application to amend provider approval	Nil	Nil
3	Section 37(2)(c)	Application to voluntarily suspend provider approval	Nil	Nil
4	Section 39(6)(c)	Application by executor for provider approval	Nil	Nil
5	Section 40(3)(c)	Application by legal personal representative or guardian for provider approval	Nil	Nil
6	Section 43(f)	Application for service approval	1 to 15 approved places—7 fee units	1 to 15 approved places—5 fee units
16 to 30 approved places—14 fee units	16 to 30 approved places—10 fee units
31 to 60 approved places—21 fee units	31 or more approved places—15 fee units
61 or more approved places—28 fee units
7	Section 53(2)(c)	Application to amend service approval	7 fee units	7 fee units
8	Section 59(2)(c)	Notification of intended transfer of service approval	7 fee units	7 fee units
9	Section 83(2)(c)	Application to voluntarily suspend service approval	Nil	Nil
10	Section 86(c)	Application for service waiver	7 fee units	7 fee units
11	Section 93(c)	Application for temporary waiver	7 fee units	7 fee units
12	Section 96(4)	Application for extension of temporary waiver	7 fee units	7 fee units
13	Section 100B (1)(d)	Application for approval in principle	28 fee units	28 fee units
14	Section 100J (2)(c)	Application to amend approval in principle	7 fee units	7 fee units
15	Section 100M (3)(d)	Notice of transfer of approval in principle	Nil	Nil
16	Section 100S (3)(c)	Application to extend approval in principle	7 fee units	7 fee units
17	Section 100T (2)(c)	Application to reinstate expired approval in principle	7 fee units	7 fee units

SCHEDULE 4—COMPLIANCE DIRECTIONS—PRESCRIBED PROVISIONS

Regulation 128

Regulation	Description
Regulation 43(1)	Documenting of child assessments or evaluations for delivery of educational programs
Regulation 44	Information about educational program to be kept available
Regulation 45	Information about educational program to be given to parents
Regulation 46(1)	Health, hygiene and safe food practices
Regulation 47(1)	Food and beverages
Regulation 48(1)	Service providing food and beverages
Regulation 49(1)	Weekly menu
*                *                *                *               *
Regulation 51	Tobacco, drug and alcohol-free environment
Regulation 52(1)	Staff members not to be affected by alcohol or drugs
Regulation 53(1)	Awareness of child protection law
Regulation 53A(1)	Reasonable steps to ensure that the needs for sleep and rest of children are met
Regulation 53C(1)	Risk assessment for the purposes of preparing sleep and rest policies and procedures
Regulation 53D(1)	Prohibition of bassinets
Regulation 58	First aid kits
Regulation 60	Medical conditions policy to be provided to parents
Regulation 66(2), (2A), (3), (4)	Emergency and evacuation procedures
Regulation 67	Telephone or other communication equipment
Regulation 71C(1)	Risk assessment for the purposes of preparing safe arrival of children policies and procedures
Regulation 71E(1)	Transport risk assessment must be conducted before service transports child
Regulation 72	Premises, furniture and equipment to be safe, clean and in good repair
Regulation 73(1)	Fencing
Regulation 74	Furniture, materials and equipment
Regulation 75(1), (2)	Laundry and hygiene facilities
Regulation 76(1)	Space requirements—indoor space
Regulation 77(2)	Space requirements—outdoor space
Regulation 79	Ventilation and natural light
Regulation 80	Administrative space
Regulation 81(3)	Nappy change facilities
Regulation 82	Outdoor space—natural environment
Regulation 83	Outdoor space—shade
Regulation 84	Premises designed to facilitate supervision
Regulation 88	Educators who are under 18 to be supervised
Regulation 95(1)	First aid qualifications
Regulation 105(1)	Relationships in groups
Regulation 106(1)	Access for parents
Regulation 112(1)	Children's service must have policies and procedures
Regulation 113	Policies and procedures to be followed
Regulation 114(1), (2)	Policies and procedures to be kept available
Regulation 115(2)	Notification of change to policies or procedures affecting ability of family to utilise service
Regulation 120(2), (3)	Prescribed enrolment and other documents to be kept by approved provider
Regulation 123	Storage of records and other documents
Regulation 125	Act and regulations to be available

SCHEDULE 5—INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES

Regulation 129A

Column 1 Item No.	Column 2 Infringement offence	Column 3 Infringement penalty
1	Regulation 46(1)	1 penalty unit
2	Regulation 46(2)	1 penalty unit
3	Regulation 49(1)	0·5 penalty units
4	Regulation 52(1)	1 penalty unit
5	Regulation 52(2)	1 penalty unit
6	Regulation 53D(1)	1 penalty unit
7	Regulation 53D(2)	1 penalty unit
8	Regulation 55	1 penalty unit
9	Regulation 57(1)	1 penalty unit
10	Regulation 58	1 penalty unit
11	Regulation 66(4)	1 penalty unit
12	Regulation 67	0·5 penalty units
13	Regulation 73(1)	1 penalty unit
14	Regulation 81(3)	0·5 penalty units
15	Regulation 120(2)	1 penalty unit
16	Regulation 120(3)	1 penalty unit

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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 2020, S.R. No. 32/2020 were made on 12 May 2020 by the Governor in Council under section 191 of the Children's Services Act 1996, No. 53/1996 and came into operation on 17 May 2020: regulation 3.

The Children's Services Regulations 2020 will sunset 10 years after the day of making on 12 May 2030 (see section 5 of the Subordinate Legislation Act 1994).

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 2020 by statutory rules, subordinate instruments and Acts.

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

Children's Services Amendment Regulations 2024, S.R. No. 12/2024

Date of Making:	20.2.24
Date of Commencement:	Regs 5–28, 30–42 on 2.4.24: reg. 3(1); reg. 29 on 1.7.24: reg. 3(2)

Children's Services Further Amendment Regulations 2024, S.R. No. 80/2024

Date of Making:	3.9.24
Date of Commencement:	1.10.24: reg. 3

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

3   Explanatory details

[1] Reg. 139: S.R. No. 53/2009 as amended by S.R. Nos 96/2010, 162/2011, 2/2016 and 96/2017.

——

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 2024 is $16.33. 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 2024 is $197.59.

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.