Education and Care Services National Amendment Regulations (No. 2) 2021 (WA)

3260 GOVERNMENT GAZETTE, WA 30 July 2021

CN302

Education and Care Services National Law (WA) Act 2012

Education and Care Services National Amendment Regulations (No. 2) 2021

SL 2021/140

Made by the Gov ernor in Executive Council.

National Regulations 2012.

I.   Citation

These regulations are the Education and Care Services National

Amendment Regulations (No. 2) 2021.

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, 8 and 11 — on 30 July 2021;
(c)	regulations 4 to 7 — on 1 October 2021;
(d)	the rest of the regulations — on 30 December 2021.

3. Regulations amended

These regulations amend the Education and Care Services

:() July 2021 GOVERNMENT GAZETTE, WA 3261

4.            Regulation 102 amended

In regulation 102(4) delete "parent or other person named in the child's enrolment record as having authority to authorise the taking of the child outside the education and care service premises by an educator" and insert:

parent, or other person named in the child's enrolment record as
having authority given by a parent to authorise the taking of the
child outside the education and care service premises by an
educator,

5.            Regulation 102D amended

In regulation 1021)(4) delete "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 insert:

parent, or other person named in the child's enrolment record as
having authority given by a parent to authorise the child being
transported by the service or on transportation arranged by the
service,

6.            Regulation 160 amended

In regulation 160(3)(b):

(a) in subparagraph (v) delete "premises;" and insert:

premises; and

(b) alter subparagraph (v) insert:

(vi) any person who is authorised to authorise the

education and care service to transport the child
or arrange transportation of the child;

7.            Regulation 161 amended

(1) In regulation 161(1):

(a) in paragraph (b) delete "outings." and insert:

outings; and

3262 GOVERNMENT GAZETTE, WA :() Juv 2021

(b) after paragraph (b) insert:

(c) if relevant, an authorisation given under
regulation 1021)(4) for regular transportation of
the child.

(2) In regulation 161(2):

(a) in paragraph (b) delete "outings." and insert:

outings; and

(b)	after paragraph (b) insert:
(c) if relevant, an authorisation given under regulation 1021)(4) for regular transportation of the child.

8.	Regulation 173 amended After regulation 173(2) insert:
(3) An approved provider of an education and care service must display inforntion specified in subregulation (1)(d) by displaying 1 or both of the following certificates -

(a) the certificate issued to the approved provider by or on behalf of the Regulatory Authority about -

(1)	the current rating levels for each quality area stated in the National Quality Standard; and
(ii) the overall rating of the service;

(b) if the National Authority has given the service the highest rating level - the certificate about the overall rating of the service issued to the

approved provider by the National Authority.

Penalty for this subregulation: a fine of $2 000.

9. Regulation 394 amended
In regulation 394(2) delete "2021." and insert:

30 July 2021 GOVERNMENT GAZETTE, WA 3263

It). Regulation 411 amended

In regulation 411(2) delete "2021." and insert:

2023.

11.         Part 7.13 inserted

At the end of Chapter 7 insert:

Part 7.13 — Transitional and saving provisions for

Education and Care Services National Amendment

Regulations (No. 2) 2021

Division 1 — General transitional and savings provision

412.       Requirement to display information in relation to the rating of an education and care service

The amendment made to regulation 173 by the

Education and Care Services National Amendment

Regulations (No. 2) 2021 only applies to an approved

provider if the provider is issued a certificate referred
to in regulation 173(3) on or after 30 July 2021.

Division 2— Northern Territory

Note for this Division:

The national regulations made bythe Ministerial Council

include provisions as Division 2 which are not relevant to

Western Australia.

N. HAGLEY, Clerk of the Executive Council.