Education and Care Services National Amendment Regulations 2020 (WA)
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EDUCATION
ED301
Education and Care Services National Law (WA) Act 2012
Education and Care Services National
Amendment Regulations 2020
SL 2020/143
Made by the Governor in Executive Council.
1. Citation
These regulations are the Education and Care Services National
Amendment Regulations 2020.2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) regulations 3, 5 and 10 — on 1 September 2020; (c) the rest of the regulations — on 1 October 2020. 3. Regulations amended
These regulations amend the Education and Care Services
National Regulations 2012.4. Regulation 4 amended
(1) In regulation 4(1) insert in alphabetical order: regular transportation, in relation to an education and care 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;
(2) In regulation 4(1) in the definition of regular outing paragraph (b) after “risk assessment are” insert: substantially
28 August 2020 GOVERNMENT GAZETTE, WA 2721 5. Regulation 5 amended
Delete regulation 5(2)(q) and insert:
(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;
6. Regulation 100 amended
In regulation 100(1), (2) and (3) delete “is sought under
regulation 102” and insert:referred to in regulation 102(4) is sought
7. Regulation 101 amended
Delete regulation 101(2)(d) and insert:
(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
(iii) the process for entering and exiting the education and care service premises and, as required, the pick-up location or destination; and
(iv) disembarking the means of transport,
procedures for embarking and accounted for on embarking and disembarking;
and
8. Regulation 102 amended
In regulation 102(4) —
(a) delete paragraph (c) and insert:
(c)
if the authorisation is for a regular outing, a description of when the child is to be taken on the regular outings; and
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(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) delete paragraph (e) and insert:
(e) 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
9. Part 4.2 Division 7 inserted
At the end of Part 4.2 insert:
Division 7 — Transportation of children other than as part
of 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 for this subregulation: a fine of $2 000. (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 for this subregulation: a fine of $2 000. (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 for this subregulation: a fine of $2 000.
28 August 2020 GOVERNMENT GAZETTE, WA 2723
(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 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
(g)
given the risks posed by transportation, the number of educators or other responsible adults that is appropriate to provide supervision and whether any adults with specialised skills are required; and
(h)
whether any items should be readily available during transportation; and
Example for this paragraph:
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
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(j) procedures for embarking and disembarking the means of transport, including how each child is to be 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 for this subregulation: a fine of $1 000. (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 transportation arranged by the service
unless written authorisation has been given under
subregulation (4).Penalty for this subregulation: a fine of $1 000. (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 for this subregulation: a fine of $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 transportation, a description of when 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
28 August 2020 GOVERNMENT GAZETTE, WA 2725 (i) the anticipated number of staff members and any other adults who will 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 transporting children are available at 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.10. Regulation 126 amended
In regulation 126(1B) delete “Wales or South Australia.” and
insert:
Wales.
11. Regulation 168 amended
After regulation 168(2)(g) insert:
(ga) if the service transports or arranges
transportation of children other than as part of
excursions, transportation including procedures
complying with Chapter 4 Part 4.2 Division 7;
R. NEILSON, Clerk of the Executive Council.
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