Community Services (Child Care) Amendment Regulations 1991 (WA)
| 3428 | GOVERNMENT GAZETTE, WA | [12 July 1991 |
CG305
COMMUNITY SERVICES ACT 1972
COMMUNITY SERVICES (CHILD CARE) AMENDMENT
REGULATIONS 1991
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Community Services (Child Care)
Amendment Regulations 1991.
Principal regulations
2. In these regulations the Community Services (Child Care) Regulations
1988* are referred to as the principal regulations.
[*Published in the Gazette on 25 November 1988 at pp. 4684-4695.]
Regulation 3 amended
3. Regulation 3 of the principal regulations is amended in the definition of
"licensee" by deleting "or permits".
Regulation 6 amended
4. Regulation 6 of the principal regulations is amended--
(a) in subregulation (4) by deleting "or permit" in both places where it Occurs;
(b) by inserting after subregulation (4) the following subregulation— (4a) The Director-General shall not grant a licence until he or she has received proof that the applicant for the licence has complied with subregulation (4). ";
(c) in subregulation (5)—
(i) by inserting" and " after paragraph (c);
(ii) in paragraph (d) by deleting "construction;" and substituting the following—
construction. ";
(iii) by deleting "and" after paragraph (d);
and
(iv) by deleting paragraph (e).
Regulation 7A inserted
5. After regulation 7 of the principal regulations the following regulation is
inserted—
Approval to provide relief family day care
7A. (1) An application for approval to provide relief family day care in
person ". accordance with the Community Services (Child Care Services) Exemption
Order 1991 shall—
(a) be made in a form approved by the Director-General; (b) contain authority to obtain details of any record of criminal convictions of the applicant; and
(c) be accompanied by the name, address and telephone number of 3 referees who are not related, married or related by marriage to the
applicant.(2) The Director-General may approve, or refuse to approve, an applica-
tion under subregulation (1) and may revoke an approval at any time.
(3) An approval to provide relief family day care may be made subject to such conditions as the Director-General thinks fit. ".
Regulation 13 amended
6. Regulation 13 of the principal regulations is amended by repealing subreg-
ulation (3).
Regulation 14 amended
7. Regulation 14 of the principal regulations is amended in subregulation (2)
by deleting "licensee" and substituting the following—
12 July 19911 GOVERNMENT GAZETTE, WA 3429 Regulation 17 amended
8. Regulation 17 of the principal regulations is amended—
(a) in paragraph (a) by deleting "or permit";
(b) in paragraph (d) by deleting "or permit"; and
(c)
by deleting "the licensee shall forthwith" and substituting the follow- ing—
the holder of the relevant licence or permit shall forthwith ".
Regulation 18 amended
9. Regulation 18 of the principal regulations is amended by repealing subreg-
ulations (1) and (2) and substituting the following subregulations—
(1) The holder of a licence or permit may at any time by notice in writing to the Director-General surrender the licence or permit and upon surrender the licence or permit it shall cease to have effect.
(2) Where the holder of a licence or permit dies or becomes bankrupt or, in the opinion of the Director-General, incapable of providing the child care service to which the licence or permit relates the holder of the licence or permit shall be deemed to have surrendered the licence or permit. ".
Regulation 22 amended
10. Regulation 22 of the principal regulations is amended in subregulation (1)
by deleting "Every licensee" and substituting the following—
The holder of a licence or permit ".
Regulation 26 amended
11. Regulation 26 of the principal regulations is amended— (a) by deleting "The licensee" and substituting the following—
(1) A licensee or permit holder ";
(b)
by deleting "of that licensee are in accordance with this Part." and substituting the following—
of that licensee or permit holder are in accordance with this
Part.
Penalty: $1 500 and a daily penalty of $100. "; and
(c) by inserting the following subregulation- 11 (2) Each licensee or permit holder shall comply with the
requirements of this Part that apply to that person.
Penalty: $1 500 and a daily penalty of $100. ".Regulation 27 amended
12. Regulation 27 of the principal regulations is amended—
(a)
in subregulation (2) by deleting "licensee's own children" and substitut- ing the following—
children of the licensee or permit holder
(b)
in subregulation (3) by inserting after "the licence" in both places where it occurs the following—
or permit ".
Regulation 28 amended
13. Regulation 28 is amended by inserting after subregulation (2) the following
subregulation—(3) In this regulation "licensed" includes authorized under a permit and "licensee" shall be construed accordingly. ".
Regulation 29 amended
14. Regulation 29 of the principal regulations is amended by deleting para-graph (c) and substituting the following paragraph—
(c) the public liability insurance of the licensee or permit holder in respect of the child care service is valid at all such times.
".
O2857-
| 3430 | GOVERNMENT GAZETTE, WA | [12 July 1991 |
Regulation 30 amended
15. Regulation 30 of the principal regulations is amended—
(a)
by repealing the table to subregulation (1) and substituting the following table—
Table
Age of Children Ratio Staff/ Child Staff Children Numbers Requirements 0-up to 2 years 1:4 1-4 1A*/B*/C 5-8 1A*/B*/C + 1D 9-12 1A*/B*/C + 2D 2-up to 3 years 1:5 1-5 1D or 1 A/B/C 6-10 1D + 1 A/B/C 11-15 2D + 1 A/B/C 3-up to 6 years 1:10 1-10 1D or 1 A/B/C 11-20 1D + 1 A/B/C 21-25 2D + 1 A/B/C Family day care 1:4 1D or 1 A/B/C A refers to the holder of a degree or diploma in early childhood care or education from a recognized Australian University or College of Advanced Education or overseas equivalent as determined by the Child Care Services Board;
A* refers to a holder of a qualification referred to in item A which includes a specialist course on the principles and practices of the care and education of children from birth to 2 years of age, in addition to a practicum of 100 hours (minimum) with this age group or equivalent as determined by the Child Care Services Board;
B refers to a holder of a 2 year certificate in child care studies or associate diploma in child care or equivalent as determined by the Child Care Services Board;
B* refers to a holder of a qualification referred to in item B which includes a specialist course on the principles and practices of the care and education of children from birth to 2 years of age, in addition to a practicum of 100 hours (minimum) with this age group, or equivalent as determined by the Child Care Services Board;
C refers to a registered Mothercraft Nurse or holder of a mothercraft nursing qualification, or equivalent as determined by the Child Care Services Board;
D refers to a worker without any of the above qualifications. "; and
(b)
in subregulation (2) by inserting after "licensee" in paragraph (c) the following—
or permit holder ".
Regulation 32 amended
16. Regulation 32 of the principal regulations is amended by inserting after subregulation (4) the following subregulation—
(5) In subregulation (4) "licensed" includes authorized under a
permit. ".
Regulation 33 repealed and a regulation substituted
17. Regulation 33 of the principal regulations is repealed and the following
regulation is substituted—
Staff under 18 years
" 33. A licensee or permit holder shall employ at least one staff member over the age of 18 years. for each staff member under the age of 18 years employed in the child care service of that licensee or permit holder. ". Regulations 36, 37 and 38 repealed and regulations substituted
18. Regulations 36, 37 and 38 of the principal regulations are repealed and the following regulations are substituted—
First-Aid
" 36. (1) Subject to subregulation (2), a licensee or permit holder shall
ensure that a person possessing current first-aid qualifications approved by
12 July 19911 GOVERNMENT GAZETTE, WA 3431 the Director-General is in attendance at the child care premises of the licensee or permit holder at all times children are attending a child care service on those premises.
(2) Notwithstanding subregulation (1), a family day care service may be supervised on an emergency basis, or on a relief basis in accordance with the Community Services (Child Care Services) Exemption Order 1991, by a person who does not possess current first-aid qualifications if the licensee of, or permit holder for, that family day care service provides the emergency or relief care giver with a clear, written emergency procedure before supervision commences.
Health certificate
37. (1) A licensee or permit holder shall ensure that a person who—
(a) is employed in the child care service of that licensee or permit holder; and (b) has contact with children attending that service,
provides that licensee or permit holder with a medical certificate, including a tuberculosis clearance, in a form approved by the Director-General, within 14 days of commencing employment in the child care service.
(2) A licensee or permit holder, shall upon a written request by the Director-General, provide the Director-General with a medical certificate in a form approved by the Director-General within the time specified in the request.
Outings
38, (1) A licensee or permit holder shall ensure that on outings from thechild care premises of the licensee or permit holder—
(a) the licensee, permit holder or a responsible staff member over the and
(b) unless the children are travelling in an A class motor vehicle as referred to in subregulation (2), the person referred to in paragraph (a) has the care of not more than 4 children.
(2) Notwithstanding subregulation (1) (b) where children are travelling in an A class motor vehicle seating no more than 8 people and fitted with seat belts for each person, 7 children may travel under the supervision of the person referred to in subregulation (1) (a).
(3) Volunteers over the age of 18 years may be used to augment adult:child ratios on outings.
(4) A licensee or permit holder shall ensure that on outings from the child care premises of the licensee or permit holder—
(a)
where the children are not in a vehicle they are, depending on their age, appropriately restrained in a pram or stroller or by other suitable means; and
(b) where the children are in an A class motor vehicle they are restrained by a seat belt or safety capsule. ".
Regulation 39 amended
19. Regulation 39 of the principal regulations is amended in subregulation (1)
by deleting "swimming, the licensee" and substituting the following—
taken on a swimming outing, the licensee or permit holder ".
Regulation 40 repealed and a regulation substituted
20. Regulation 40 of the principal regulations is repealed and the following regulation is substituted—
Compliance with requirements
11
40. A licensee or permit holder shall ensure that the child care premises specified in the licensee's licence or the permit holder's permit, as the case may be, comply with this Part and with the Building Regulations 1989 made under the Local Government Act 1960 as if the child care premises were classified as a single dwelling house.
Penalty: $1 500 and a daily penalty of $100. ".
Regulation 42 amended
21. Regulation 42 of the principal regulations is amended in subregulation (3)
by deleting "Uniform Private Swimming By-laws" and substituting the follow-
ing—
Building Regulations 1989 ".
| 3432 | GOVERNMENT GAZETTE, WA | [12 July 1991 |
Regulation 44 repealed and a regulation substituted
22. Regulation 44 of the principal regulations is repealed and the followingregulation is substituted—
Staff room
" 44. Child care premises shall—
(a) include an area separate from areas used by children and suitable for the withdrawal or respite of staff of the child care service; or
(b) have access to an area that is suitable for the withdrawal or respite of staff of the child care service. ".
Regulation 46 amended
23. Regulation 46 of the principal regulations is amended by repealing
subregulation (1) and substituting the following subregulation—
(1) Except where—
(a) child care premises are used exclusively for occasional, casual or part time child care; or
(b) arrangements approved by the Director-General have been made for treating laundry away from the child care premises and for the
hygienic storage of soiled laundry,child care premises shall include a laundry area. ".
Regulation 50 amended
24. Regulation 50 of the principal regulations is amended—
(a)
by repealing subregulation (1) and substituting the following subregu- lations—
tt
(1) In child care premises there shall be—
(a) one lavatory and one hand basin for every 10 children or part of that number over the age of 2 years attending the
child care centre; and(b) one lavatory and one hand basin for every 15 children or part of that number under the age of 2 years attending the
child care centre,but in any case it shall not be necessary to have more than one lavatory: 10 children or part of that number and one hand basin: 10 children or part of that number.
(la) In subregulation (1)—
"hand basin" means a hand basin either with a firm step, or
at a height so as to provide reasonable child access;
"lavatory" means a junior lavatory or an adult lavatory with
a firm step and a junior seat. ";
(b) in subregulation (2)—
(i) by inserting "and" after paragraph (a);
(ii) by deleting "; and" after paragraph (b) and substituting a full stop;
and (iii) by deleting paragraph (c); and
(c) in subregulation (3) by deleting "There" and substituting the follow- ing— " In addition to the requirements of subregulation (1), in child care premises, other than the premises of a family day care service, there ".
Regulation 51 amended
25. Regulation 51 of the principal regulations is amended—
(a) in subregulation (2) by inserting after "licensed" the following— or authorized by permit ";
(b) in subregulation (3) by deleting "General purpose" and substituting the following—
Subject to subregulation (3a), general purpose ";
(c) by inserting after subregulation (3) the following subregulation— (3a) Notwithstanding subregulation (3), general purpose power outlets on the premises of a family day care service that are not installed at a minimum of 1 200 mm above the adjacent floor level may be fitted with safety plugs approved by the Board, or otherwise protected in a manner approved by the Board, in lieu of compliance with subregulation (3). "; and
12 July 19911 GOVERNMENT GAZETTE, WA 3433
(d) in subregulation (6) by deleting "adequately protected from inadvertent physical contact" and substituting the following— children are adequately protected from inadvertent physical contact with the fan ".
Regulation 55 amended
26. Regulation 55 of the principal regulations is amended in subregulation(1)—
(a) by inserting after "The licensee" the following—
or permit holder ";
(b) in paragraph (b) by inserting after "licensee" the following—
permit holder "; and
(c) in paragraph (c) by deleting "of the child care service" and substituting the following- 11 permit holder ".
Regulation 57 amended
27. Regulation 57 of the principal regulations is amended by repealing
subregulation (1) and substituting the following subregulations- 11 The licensee or permit holder shall ensure that—
(a) any child in the care of that licensee or permit holder who is using a wading or paddling pool is under the direct supervision of a person of not less than 18 years of age; and (b) when not in use any wading or paddling pool on the child care premises is emptied and stored in such a manner that it cannot collect water.
(la) The licensee or permit holder shall ensure that any child in the care of the licensee or permit holder who is using a trampoline is under the direct supervision of a person of not less than 18 years of age. ".
Regulation 64 repealed and a regulation substituted
28. Regulation 64 of the principal regulations is repealed and the followingregulation is substituted—
Long attendance of child
11 64. (1) A licensee or permit holder shall notify the Director-General in writing, before the commencement of the period of care or within 7 days of the completion of the period of care, if any child is placed in the care of that licensee or permit holder for a period of more than 18 consecutive hours.
(2) A licensee or permit holder shall ensure that no child is placed in the care of that licensee or permit holder for more than 14 24-hour periods in one year without the approval of the Director-General.
(3) In subregulation (2) "year" means a period of 12 months commencing on 1 July. ".
Regulation 66A inserted
29. After regulation 66 of the principal regulations the following regulation is inserted— Offences
" 66A. Subject to the conditions of his or her licence or permit, a licensee or permit holder who fails to comply with a regulation under this Part commits an offence.
Penalty: $1 500 and a daily penalty of $100. ".
Regulation 71 amended
30. Regulation 71 of the principal regulations is amended by inserting afterparagraph (g) the following paragraph—
(ga) the child care service practice and policy regarding relief family day
care; ".
Regulation 73 repealed and a regulation substituted
31. Regulation 73 of the principal regulations is repealed and the following regulation is substituted—
Insurance
73. Every licensee and permit holder shall obtain and keep current a
policy of insurance that will adequately meet the public liability of that
person in respect of the provision of a child care service. ".
| 3434 | GOVERNMENT GAZETTE, WA | [12 July 1991 |
Regulation 74A inserted
32. After regulation 74 of the principal regulations the following regulation isinserted—
Offences
" 74A. Subject to the conditions of his or her licence or permit, a licensee or permit holder who fails to comply with a regulation under this Part commits an offence.
Penalty: $1 500 and a daily penalty of $100. ".
References to "permit holder" inserted
33. The principal regulations are amended by inserting after "licensee"
wherever it occurs in the provisions referred to in the Table to this regulation
the following—
or permit holder ".
Table
Regulation 12 (1) Regulation 57 (2) Regulation 14 (1) Regulation 58 Regulation 15 Regulation 59 Regulation 17 (e) Regulation 60 (1) and (2) Regulation 18 (3) Regulation 61 Regulation 31(1) Regulation 62 Regulation 32 (1) Regulation 63 Regulation 34
Regulation 35 (1), (2) and (3)Regulation 65 Regulation 66 (1), (2) and (3) Regulation 52 Regulation 67 (1) Regulation 53 (1), (2), (3) and (4) Regulation 68
Regulation 54 Regulation 69 Regulation 55 (2) Regulation 71 Regulation 56 Regulation 72
Regulation 74 (1)
By His Excellency's Command,
L. M. AULD, Clerk of the Council.
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