Community Services (Child Care) Amendment Regulations 1996 (WA)
15 March 19961 GOVERNMENT GAZETTE, WA 981 FAMILY AND CHILDRENS SERVICES
FA301
For amendments to 15 January 1996 see 1994 Index to Legislation of Western Australia, Table 4, pp. 38-9.] COMMUNITY SERVICES ACT 1972
COMMUNITY SERVICES (CHILD CARE) AMENDMENT
REGULATIONS 1996
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Community Services (Child Care)
Amendment Regulations 1996.
Principal regulations
2. In these regulations the Community Services (Child Care) Regulations 1988* are referred to as the principal regulations.
[* Published in Gazette of 25 November 1988 at pp. 4684-95.
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Regulation 6 amended
3. Regulation 6 of the principal regulations is amended -
(a) by inserting after subregulation (5) the following subregulation - a
relates to a child care service to be located at (5a) Where an application for a licence or permit
premises which are to be modified or constructed, the Director-General may require the applicant to provide a site plan, drawn to a scale of not less than 1:500 showing the location of every building or proposed building on the land comprising the premises.
and
(b) following - in subregulation (6) by deleting "applicant." and substituting the " applicant; or living with the applicant as the applicants spouse on a genuine domestic basis.
Regulation 7A amended
4. Regulation 7A (1) (c) of the principal regulations is amended by deleting
"applicant." and substituting the following -
a
applicant, or living with the applicant as the applicant's spouse
on a genuine domestic basis.
Regulation 27 amended
5. Regulation 27 of the principal regulations is amended -
(a) in subregulation (1) by deleting "The" and substituting the following -
Subject to subregulation (la) and regulation 29, the ";
(b) by inserting after subregulation (1) the following subregulation - a number of children of pre-school age on child care (la) Notwithstanding subregulation (1), the
premises licensed for family day care may exceed the number specified in the licence or permit if the children who are not the licensee's own children or children for whom the child care service is provided -
are present on an occasional or casual
(a) basis; (b) are in the care of another person or other persons; and
(c) where they are in the care of another licensee of a family day care service, are supervised by that licensee in accordance with the terms and conditions of the relevant licence or permit.
15 March 19961 GOVERNMENT GAZETTE, WA 983
(c) in subregulation (2) by deleting "4" and substituting the following - ,,.
a 5
(d) by inserting after subregulation (2) the following subregulation -
a
care is issued for 5 children of pre-school age, at least (2a) Where a licence or permit for family day
one of those children is to be a child who attends a pre-primary programme at a pre-primary centre or pre-school centre within the meaning of the Education Act 1928.
and
(e) by inserting after subregulation (3) the following subregulation -
it
authorized under a permit and "licensee" shall be (4) In subregulation (la) "licensed" includes construed accordingly.
Regulation 29 repealed and a regulation substituted
6. Regulation 29 of the principal regulations is repealed and the following
regulation is substituted -
a
More children than specified in licence or permit
29. (1) Subject to subregulation (2), up to 25% more children than the number specified in a licence or permit may be present on premises specified in that licence or permit for a period that does not, or periods that do not in total, exceed one hour in any day if—
(a) staff/child ratios are maintained in accordance with these regulations; and
the public liability insurance of the licensee or permit
(b) holder in respect of the child care service is valid
during any such period.
Subregulation (1) does not apply to premises specified in a licence or permit for family day care.
(2)
Regulation 30 amended
7. (1) Regulation 30 (1) of the principal regulations is amended -
(a) by inserting after "child care premises," the following - it
other than premises specified in a licence or permit
for family day care
and
(b) in the Table to that subregulation -
(i) in the column headed "Child Numbers" by deleting "21-25"
and substituting the following -it
21-30 ";
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(ii) by deleting "Family day care" and the corresponding entries
"1:4" and or 1 A/B/C"; (iii) in item A by inserting before "education" the following -
94
early childhood "; and
(iv) in items A*, B,
B* and C by inserting before "equivalent"
the following -
" overseas
deleting "or' and substituting the following - (2) Regulation 30 (2) (b) of the principal regulations is amended by and
Regulation 32 amended
8. Regulation 32 of the principal regulations is amended -
(a) in subregulation (2) by deleting "items" and substituting the following - Is
item "; and
(b) in subregulation (3) (b) by deleting "or C of" and substituting the following - is and C of the Table to
Regulation 35 amended
9. Regulation 35 of the principal regulations is amended -
(a) in subregulations (1) and (2) by deleting "21" wherever it occurs and substituting in each case the following - 46
18 "; and
(b) in subregulation (3) -
(i) by deleting "Where" and substituting the following -
ig Except in family day care, where "; (ii) by deleting "21" and substituting the following -
94
18 "; and
(iii) by deleting "in regulation 30." and substituting the
following -
"
of the Table to regulation 30 (1).
Regulation 38 amended
10. Regulation 38 of the principal regulations is amended -
(a) in subregulation (1) (b) by inserting after "unless" the following -
subregulation (la) applies or "; and
15 March 19961 GOVERNMENT GAZETTE, WA 985
(b) by inserting after subregulation (1) the following subregulation - a
licence for family day care, the licensee shall ensure (la) On outings from premises specified in a that—
(a) the licensee has the care of not nwre than 7 children under the age of 12 years;
(b) not more than 5 of the children are of pre-school age; and
(c) where 5 of the children are ofare-school age, at least one of those children is a
child who attends a pre-primary programme at a pre-primary centre or pre-school centre within the meaning of the Education Act 1928.
,,
Regulation 42 amended
11. Regulation 42 of the principal regulations is amended by repealing
subregulation (3) and substituting the following subregulations -
a
Subject to subregulation (3a), a swimming pool on child care premises shall be separated from all other parts of the premises, including outdoor playing space, by an enclosure that satisfies the requirements of Part 10 of the Building Regulations 1989.
(3)
consists in part of a door or window permitting access to the (3a) Where an enclosure surrounding a swimming pool enclosed area, the door or window -
(a) shall be locked; or (b) shall be otherwise secured,
in a manner approved by the Director-General, when children are
present on the child care premises. ,, Regulation 43 amended 12. Regulation 43 of the principal regulations is amended by inserting after
subregulation (1) the following subregulation -
a
(la) When calculating the area of indoor playing space for cupboard, bench, passageway, thoroughfare, kitchen, laundry,
the purposes of subregulation (1), the area of any built-in
bathroom, toilet or shower is not to be taken into account. Regulation 44 amended
13. Regulation 44 of the principal regulations is amended by deleting
"Child" and substituting the following -
" Except in family day care, child
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Regulation 44A inserted
14. After regulation 44 of the principal regulations the following regulation
is inserted -
it
Area for administration etc.
44A. Except in family day care, child care premises shall - include an area separate from areas used by children
(a) or required under regulation 44; or (b) have access to an area separate from an area required under regulation 44,
that is suitable for administrative activities and private
consultations with parents.
Regulation 48 amended
15. Regulation 48 of the principal regulations is amended -
by inserting after the regulation designation "48." the
(a) subregulation designation "(1)"; and
(b) by inserting the following subregulation - a
(2) Shelves or other facilities provided under subregulation (1) shall be so positioned as to enable
children over the age of 3 years to have ready access
to their personal clothing and possessions.
Regulation 50 amended
16. Regulation 50 of the principal regulations is amended -
(a) by repealing subregulation (1) and substituting the following subregulation - a
(1) In child care premises there shall be - (a) one junior lavatory or one adult lavatory with a firm step and a junior seat; and one hand basin either with a firm step, or
(b) at a height so as to provide reasonable child access,
for every 15 children or part of that number
attending those premises.
(b) by repealing subregulation (la); and (c) in subregulation (2) by deleting paragraph (b) and substituting
the following paragraph -it
(b) one sink type bath that is -
(i) supplied with hot and cold water; and (ii) family day care service in close proximity positioned adjacent to, or in the case of a to, the changing bench or mat referred to
in paragraph (a).
15 March 19961 GOVERNMENT GAZETTE, WA 987 Regulation 51 amended
17. Regulation 51 of the principal regulations is amended -
(a) following - in subregulation (6) by deleting "fan" and substituting the 44
blades "; and
(b) by inserting after subregulation (6) the following subregulation - a
children are adequately protected from inadvertent (6a) Free standing fans shall be located so that physical contact with the blades.
Regulation 53 amended
18. Regulation 53 of the principal regulations is amended -
(a) by repealing subregulation (2) and substituting the following subregulation - it
permit holder shall ensure that medication is not (2) Except in an emergency, the licensee or
administered to a child without written authority from a parent of the child specifying the time, quantity and manner of administration of such medication.
(b) by repealing subregulation (3); and (c)
by inserting after subregulation (4) the following subregulation - 44
The licensee or permit holder shall notify a
(5)
the child or an accident involving the child that parent of a child of an illness or injury suffered by
occurs wfiile the child is attending the chilc care service and such notification shall be given on the
Regulation 53A inserted same day that the illness, injury or accident occurs. 19. After regulation 53 of the principal regulations the following regulation
is inserted -
a
Director-General to be notified of certain matters
53A. (1) The licensee or permit holder shall notify the Director-General of -
the death of a child while attending the child care
(a) service and the circumstances in which the death occurred;
(b) service that results in the admission of the child to a an injury to a child while attending the child care hospital, and the nature and circumstances of such
injury; or
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(c)
any allegation of abuse, neglect or assault, including sexual assault, or of an offence under Chapter 22 of The Criminal Code, in respect of a child attending the child care service made against the licensee or permit holder, a staff member or, in the case of family day care, against a person residing on the premises specified in the licence or permit,
within one working day after the day on which the death or
injury occurred or the allegation was made, as the case requires.The licensee or permit holder shall notify the allegation referred to in subregulation (1) (c).
Director-General of the outcome of any investigation into an (2) (3) In subregulation (1) - "working day" means a day that is not a Saturday, Sunday, public holiday or public service holiday.
Regulation 54A inserted
20. After regulation 54 of the principal regulations the following regulation
is inserted -
C'
Hygiene
54A. The licensee or permit holder shall ensure that staff members observe and maintain reasonable standards of hygiene in the provision of the child care service.
Regulation 55 amended
21. Regulation 55 (1) (c) of the principal regulations is amended by
inserting after "permit holder" the following -
having due regard to the safety and welfare of the child
Regulation 56 repealed and a regulation substituted
22. Regulation 56 of the principal regulations is repealed and the following
regulation is substituted -
"
Cleanliness, maintenance and repair of premises 56. The licensee or permit holder shall ensure that -
(a) the child care premises are kept free from rodents, cockroaches and other vermin; and
(b) furnishings on those premises are maintained in a the child care premises and all equipment and thorough1y safe, clean and hygienic condition and in
good repair.
Regulation 58 repealed and a regulation substituted
23. Regulation 58 of the principal regulations is repealed and the following
regulation is substituted -
It
Storage of tools and dangerous materials
58. The licensee or permit holder shall ensure that -
(a) tools are stored in a place that is inaccessible to
children;
15 March 19961 GOVERNMENT GAZETTE, WA 989
(b) cleaning supplies, first-aid supplies and other toxic
materials are -
(i) clearly identified as such; and (ii) stored in a place that is inaccessible to children; and
(c) flammable materials are stored separately from anything that constitutes or is likely to constitute a fire hazard.
Regulation 59 amended
24. Regulation 59 of the principal regulations is amended -
(a) by inserting after the regulation designation "59." the subregulation designation "(1)";
(b) by inserting after "develop" the following -
and set down in writing "; and
(c) by inserting the following subregulations - it
that each staff member is provided with a copy of the (2) The licensee or permit holder shall ensure emergency procedures.
The licensee or permit holder shall ensure conducted at least twice in one year.
that a practice of the emergency procedures is (3) (4) In this regulation - "emergency procedures" means evacuation and emergency procedures developed under subregulation (1);
"year" means a period of 12 months
commencing on 1 July.
Regulation 62 repealed and a regulation substituted 25. Regulation 62 of the principal regulations is repealed and the following
regulation is substituted -
Nutrition and food service
62. The licensee or permit holder shall ensure that -
(a) the foodprovided by the child care service is nutritious and varied;
regard is had to the dietary needs of individual
(b) children arising from any specific cultural, religious or health requirements; and
(c) the menu for each week is prominently displayed in a place visible to parents.
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Regulation 63 amended
26. Regulation 63 of the principal regulations is amended -
(a) following - inparagraph (a) by deleting "staff member" and substituting the
" person "; and (b) by deleting paragraph (b) and substituting the following paragraph - is
(b) no person is permitted to smoke a cigarette,
cigar or pipe -
(i) of children; while preparing food for the consumption
while supervising or in the presence of a
(ii) child; or
(iii) service is provided, or where the child in a building in which the child care
care service is provided in a part of a building in that part of the building in which the child care service is provided while children are attending the child care service.
Regulation 67 amended
27. Regulation 67 of the principal regulations is amended by repealing
subregulation (2) and substituting the following subregulations -
a
(2) The programme developed by each child care service shall -
(a) provide a balance of indoor and outdoor activities; (b) include activities that a child may choose to participate in; and
(c)
be designed to stimulate and provide for the development of each child's social, cultural, physical, emotional, intellectual, language and creative
potential.Except in family day care, the licensee or permit holder
shall ensure that a copy of the programme is prominently
displayed in each indoor playing area on the child care premises.
(3)
Regulation 68 repealed and a regulation substituted
28. Regulation 68 of the principal regulations is repealed and the following
regulation is substituted -
cc
Equipment
68. The licensee or permit holder shall ensure that the child
care service is provided with equipment in accordance with
guidelines approved by the Director-General.
15 March 19961 GOVERNMENT GAZETTE, WA 991 Regulation 69 repealed and regulations 69, 69A, 69B, 69C and 69D substituted
29. Regulation 69 of the principal regulations is repealed and the following
regulations are substituted -
"
Admission register
69. (1) The licensee or permit holder shall ensure that a
record in the form of an admission register is kept for each child
enrolled in the child care service.
(2) The admission register shall include - (a) the full name, date of birth, gender and address of the child;
(b) the full name, address, place of employment and telephone number of each parent;
(c) the full name and address of the person from whom the child will be received; (d) the full name, address and telephone number of a person authorized by a parent to collect the child
from the child care premises;
(e) the full name address and telephone number of a person, other than a parent, who may be contacted in an emergency; (f) the name address and telephone number of the child's mehcal practitioner or hospital; (g) a parent's written authorization for medical attention to be sought for the child if required in an emergency; (h) a parent's written authorization for the child to be escorted to or from a specified place; (i) details of any court order relating to the guardianship or custody of, or access to, the child;
(j) the principal language spoken by the child or, if the child has not learned to speak, by the child's parents;
(k) any relevant information relating to cultural religious, dietary or other special needs that the child
may have;
(I)
relevant details of the child's medical history including current immunization status and any allergies suffered by the child; and
(m) any other relevant information relating to the child. Record of medication
69A.
record is kept of any medication administered to a child while (1) The licensee or permit holder shall ensure that a attending the child care service.
(2) A record of medication shall include - (a) the name of the medication; (b) the date and time of the administration of the medication; (c) the quantity of medication administered; (d) the name of the person who administered the medication; and
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(e) except in an emergency, a parent's written
and any instructions as to the administration of the
medication.authorization for the administration of the medication Other records
69B. The licensee or permit holder shall ensure that the following records are kept -
(a) a daily record of attendance which includes -
(i) the times of arrival and departure; and (ii) verifying the accuracy of the record; the signature of the person responsible for
(b) a record of—
(i) any injury to or accident involving a child while attending the child care service, including details of the nature and circumstances of the
injury or accident;(ii) any treatment given to a child who is injured or becomes ill while attending the child care service; or
(iii) the death of a child while attending the child
care service, including details of the
circumstances in which the child died;
(c) a record of excursions which includes -
(i) a parent's signature and authorization; (ii) the destination; and (iii) times of departure and return; (d) a record of the names of children temporarily absent
from the child care service for whatever purpose;(e) a record of each practice of emergency procedures
conducted in accordance with regulation 59;(f)
such records relating to the employment of staff as are required to be kept under industrial and revenue
collection legislation; and (g) particulars of the programme referred to in regulation 67. Keeping of records
69C. (1) The licensee or permit holder shall ensure that a record required to be kept under regulation 69, 69A or 69B is kept in an up to date form and in a safe and secure area on the
child care premises.(2) The licensee or permit holder shall ensure that -
(a) until the child attains the age of 24 years; a record under regulation 69B (b) (1) or (ii) is retained (b) a record under regulation 69B (b) (iii) is retained for a period of 6 years from the day on which the record was made; and (c)
a record under regulation 69B (e) is retained for a period of 2 years from the day on which the record was made.
15 March 19961 GOVERNMENT GAZETTE, WA 993 Confidentiality of records
69D. The licensee or permit holder shall ensure that information contained in a record required to be kept under regulation 69 69A or 69B is not directly or indirectly disclosed or communicateA to another person except -
(a) as required or allowed under the Act or any other written law; or
(b) with the written authorization of the person or, in the case of a child, the parent of the child, to whom the
information relates.
Regulation 70 amended
30. Regulation 70 of the principal regulations is amended by deleting "these
regulations" and substituting the following -
regulation 69, 69A or 69B ". Regulation 71 amended
31. Regulation 71 of the principal regulations is amended -
(a) by inserting after paragraph (0 the following paragraphs - a
(fa) the child care service practice and policy regarding the discipline and management of children; (fb) the child care service practice and policy regarding food, nutrition and the dietary needs of individual children;
(b) in paragraph (g) by deleting "infections;" and substituting the following - it
infections including any practice or Dolicy relating to the exc'usion of children six ering from a communicable disease or condition;
and
(c) by inserting after paragraph (i) the following paragraph - it
(ia) the periods of time for which particular records are required to be retained under regulation 69C (2);
Regulation 74 amended
32. Regulation 74 of the principal regulations is amended by deleting
"control of behaviour" and substituting the following -
" management
Transitional33. (1) In this regulation -
"commencement day" means the day on which these regulations are
published in the Gazette;
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"existing licence" means a licence under section 17B of the Act in force on the commencement day;
"existing permit" means a permit under section 17B of the Act in force on the commencement day.
For the purposes of regulation 40 of the principal regulations, child care premises specified in an existing licence or an existing permit are to be taken to comply with Part 4 of the principal regulations if they comply with that Part as in force before the commencement day.
(2)
During the period of 6 months from the commencement day the holder of an existing licence or an existing permit does not commit an offence under regulation 66A of the principal regulations if, subject to the conditions of the licence or permit: the holder complies with the regulations under Part 5 of the principal regulations as in force before the commencement day.
(3)
By His Excellency's Command,
J. PRITCHARD, Clerk of the Council.
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