Education and Care Services National Amendment Regulations 2020 (NSW)

Education and Care Services National

Amendment Regulations 2020

under the

Education and Care Services National Law

The Education Council has made the following regulations
under sections 301 and 324 of the Education and Care Services

National Law as applied by the law of the States and Territories.

STEVE METCALFE

Secretary

Education Council

14 August 2020

Education and Care Services National Amendment

Regulations 2020

TABLE OF PROVISIONS

Regulation Page

1	Title	1
2	Authorising provisions	1
3	Commencement	1
4	National Regulations	1
5	Definitions	1
6	Services that are not education and care services	2
7	Risk assessment must be conducted before excursion	2
8	Conduct of risk assessment for excursion	2
9	Authorisation for excursions	3
10	New Division 7 of Part 4.2 inserted	4
11	Centre-based services—general educator qualifications	8
12	Education and care service must have policies and procedures	8
13	Regulations 322 and 323 revoked	8

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Endnotes 9

i

Education and Care Services National Law

Education and Care Services National Amendment

Regulations 2020

1 Title

These Regulations may be cited as the Education

and Care Services National Amendment

Regulations 2020.

2 Authorising provisions

These Regulations are made under sections 301
and 324 of the Education and Care Services

National Law.

3 Commencement

(1) These Regulations (other than regulations 5, 7, 8, 9, 10 and 12) come into operation on 1 September 2020.

(2) Regulations 5, 7, 8, 9, 10 and 12 come into

operation on 1 October 2020.

4 National Regulations

In these Regulations, the Education and Care Services National Regulations are called the National Regulations.

5 Definitions

In regulation 4(1) of the National Regulations—

(a) insert the following definition—

"regular transportation, in relation to an

education and care service, means the

transportation by the service or

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Education and Care Services National Amendment Regulations 2020

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;";

(b) in paragraph (b) of the definition of regular outing, before "the same" insert "substantially".

6    Services that are not education and care services

For regulation 5(2)(q) of the National Regulations

substitute—

"(q)	an approved children's service under the Children's Services Act 1996 of Victoria that, immediately before 17 May 2020, was a
licensed limited hours Type 2 service under that Act;".

7    Risk assessment must be conducted before excursion

In regulation 100(1), (2) and (3) of the National Regulations, for "is sought under regulation 102" substitute "referred to in regulation 102(4) is sought".

8    Conduct of risk assessment for excursion

For regulation 101(2)(d) of the National

Regulations substitute—

"(d)	if the excursion involves transporting
children—

(i) the means of transport; and

(ii)  any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the children are

being transported; and

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Education and Care Services National Amendment Regulations 2020

(iii) the process for entering and exiting—

(A) the education and care service

premises; and

(B) the pick-up location or destination

(as required); and

(iv) disembarking the means of transport,

procedures for embarking and accounted for on embarking and disembarking; and".

9 Authorisation for excursions

In regulation 102(4) of the National

Regulations—

(a) for paragraph (c) substitute—

"(c) if the authorisation is for a regular

outing, a description of when the child
is to be taken on the regular outings;
and

(ca) if the authorisation is for an excursion

that is not a regular outing, the date the
child is to be taken on the excursion;
and";

(b) for paragraph (e) substitute—

"(e) if the excursion involves transporting

children—

(i) the means of transport; and

(ii) safety restraints under a law of
each jurisdiction in which the

any requirements for seatbelts or and".

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Education and Care Services National Amendment Regulations 2020

10    New Division 7 of Part 4.2 inserted

After regulation 102 of the National Regulations

insert—

"Division 7—Transportation of children

other than as part of an excursion

102A Application of Division

This Division does not apply to transportation of a child by or arranged by an education and care service that is undertaken as part of an excursion.

102B	Transport risk assessment must be conducted before service transports child
(1)	The approved provider of an education and care service must ensure a risk assessment is carried out in accordance with regulation 102C before an authorisation referred to in regulation 102D(4) is sought to transport a child.
Penalty: $2000.
(2)	A nominated supervisor of an education and care service must ensure a risk assessment is carried out in accordance with regulation
102C before an authorisation referred to in regulation 102D(4) is sought to transport a child.
Penalty: $2000.
(3)	A family day care educator must carry out a risk assessment in accordance with regulation 102C before an authorisation referred to in regulation 102D(4) is sought to transport a child.
Penalty: $2000.

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Education and Care Services National Amendment Regulations 2020

(4)	A risk assessment is not required under this
regulation for transporting a child if—

(a)	the transportation is regular transportation; and
(b)	a risk assessment has been conducted for the regular transportation of the child within the previous 12 months.

102C	Conduct of risk assessment for transporting of children by the education and care service
(1)	A risk assessment for the transportation of a child by or arranged by the education and
care service must—

(a)	identify and assess risks that transporting the child may pose to the safety, health or wellbeing of the child; and
(b)	specify how the identified risks will be managed and minimised.

(2)	Without limiting subregulation (1), a risk
assessment must consider—

(a)	the proposed route and duration of the transportation; and
(b)	the proposed pick-up location and destination; and

(c) the means of transport; and

(d) any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the children are being transported; and

(e) any water hazards; and

(f) the number of adults and children involved in the transportation; and

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Education and Care Services National Amendment Regulations 2020

(g) the number of educators or other
responsible adults that is appropriate to
provide supervision and whether any

given the risks posed by transportation, required; and

(h) whether any items should be readily available during transportation; and

Example

A mobile phone and a list of emergency contact numbers for the children being transported.

(i) the process for entering and exiting—

(i)  the education and care service premises; and

(ii)  the pick-up location or destination (as required); and

(j) disembarking the means of transport,

procedures for embarking and accounted for on embarking and disembarking.

102D	Authorisation for service to transport children
(1)	The approved provider of an education and care service must ensure that a child being educated and cared for by the service is not transported by the service or on
transportation arranged by the service unless written authorisation has been given under subregulation (4).
Penalty: $1000.
(2)	A nominated supervisor of an education and care service must ensure that a child being educated and cared for by the service is not transported by the service or on

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Education and Care Services National Amendment Regulations 2020

transportation arranged by the service unless
written authorisation has been given under

subregulation (4).

Penalty: $1000.

(3)	A family day care educator must ensure that a child being educated and cared for by the educator as part of a family day care service is not transported by the service or on transportation arranged by the service unless written authorisation has been given under subregulation (4).
Penalty: $1000.
(4)	The authorisation must be given by a parent or other person named in the child's enrolment record as having authority to authorise the child being transported by the service or on transportation arranged by the
service and must state—

(a) the child's name; and

(b)	the reason the child is to be transported; and
(c)

if the authorisation is for regular the child is to be transported; and

(d)	if the authorisation is not for regular transportation, the date the child is to be transported; and
(e)	a description of the proposed pick-up location and destination; and

(f) the means of transport; and

(g)	the period of time during which the child is to be transported; and
(h)	the anticipated number of children likely to be transported; and

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Education and Care Services National Amendment Regulations 2020

(i)

the anticipated number of staff accompany and supervise the children during the transportation; and

(j)	any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the children are being transported; and
(k)	that a risk assessment has been prepared and is available at the education and care service; and
(l)

that written policies and procedures for the education and care service.

(5) If the transportation is regular transportation,
the authorisation is only required to be
obtained once in a 12 month period.".

11 Centre-based services—general educator

qualifications

In regulation 126(1B) of the National Regulations omit "or South Australia".

12    Education and care service must have policies and procedures

After regulation 168(2)(g) of the National

Regulations insert—

"(ga) if the service transports or arranges
transportation of children other than as part
of excursions, transportation including
procedures complying with Division 7 of
Part 4.2 of Chapter 4;".

13    Regulations 322 and 323 revoked

Regulations 322 and 323 of the National

Regulations are revoked.

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Education and Care Services National Amendment Regulations 2020

Endnotes

Endnotes

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