Education and Care Services National Amendment Regulations (No. 3) 2018 (WA)
!2018146GG!
WESTERN 3601 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041
| PERTH, FRIDAY, 28 SEPTEMBER 2018 No. 146 SPECIAL |
PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA
Western Australia
Education and Care Services National Amendment Regulations (No. 3) 2018
Contents
1. Citation
2. Commencement
3. Regulations amended
4. Regulation 4 amended
5. Regulation 12 replaced
12. Meaning of serious incident 6. Chapter 2 heading amended
7. Regulation 14 amended
8. Regulation 20 amended
9. Regulation 22 amended
10. Regulation 23 amended
11. Regulation 24 amended
12. Regulation 25 amended
13. Regulation 25A inserted
25A. Application for service approval for a centre-based service — relocation of existing centre-based service 14. Regulation 26 amended
15. Regulation 32A inserted
32A. Condition on service approval —
maximum number of family day care
educators16. Regulation 34 amended
17. Regulation 35 amended
18. Regulation 41 amended
19. Regulation 42 amended
20. Regulation 44 amended
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Contents
21. Chapter 2 Part 2.3 deleted
22. Regulation 70A inserted
70A. Prescribed rating levels for application for
highest rating23. Chapter 4 Part 4.1AA inserted
Part 4.1AA — Location of principal office
72A. Location of principal office of family day
care service24. Regulation 77 amended
25. Regulation 78 amended
26. Regulation 79 amended
27. Regulation 80 amended
28. Regulation 81 amended
29. Regulation 83 amended
30. Regulation 84 amended
31. Regulation 90 amended
32. Regulation 93 amended
33. Regulation 94 amended
34. Regulation 98 amended
35. Regulation 100 amended
36. Regulation 102 amended
37. Regulation 116 amended
38. Chapter 4 Part 4.3A inserted
Part 4.3A — Minimum requirements for persons in
day-to-day charge and nominated supervisors
117A. Placing a person in day-to-day charge 117B. Minimum requirements for a person in
day-to-day charge117C. Minimum requirements for a nominated
supervisor39. Chapter 4 Part 4.4 Division 3 heading amended
40. Regulation 123 amended
41. Regulation 123A inserted
123A. Family day care co-ordinator to educator
ratios — family day care service42. Regulation 125 amended
43. Chapter 4 Part 4.4 Division 7A inserted
Division 7A — Minimum requirements for a family
day care educator
143A. Minimum requirements for a family day
care educator
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Contents
143B. Ongoing management of family day care
educators44. Regulation 144 replaced
144. Family day care educator assistant 45. Regulation 146 amended
46. Regulation 147 amended
47. Chapter 4 Part 4.4 Division 10 heading amended
48. Regulation 153 amended
49. Regulation 154 amended
50. Regulation 157 amended
51. Regulation 158 amended
52. Regulation 161 amended
53. Regulation 162 amended
54. Regulation 163 amended
55. Regulation 164 amended
56. Regulation 168 amended
57. Regulation 169 amended
58. Regulation 170 amended
59. Regulation 171 amended
60. Regulation 173 amended
61. Regulation 174 amended
62. Regulation 174A inserted
174A. Prescribed information to accompany
notice63. Regulation 175 amended
64. Regulation 176A inserted
176A. Prescribed information to be notified to
approved provider by family day care
educator65. Regulation 177 amended
66. Regulation 182 amended
67. Regulation 183 amended
68. Regulation 185 amended
69. Regulation 186 amended
70. Regulation 216 amended
71. Regulation 227 amended
72. Regulation 231 deleted
73. Chapter 7 Part 7.1 Divisions 1 and 1A deleted
74. Regulations 245 to 247 deleted
75. Regulation 249 amended
76. Regulation 371 deleted
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77. Regulations 374 to 378 deleted
78. Regulation 379 amended
79. Chapter 7 Part 7.9 Division 4 Subdivision 2 deleted
80. Chapter 7 Part 7.10 replaced
Part 7.10 — Transitional and savings provisions —
Education and Care Services National
Amendment Regulations (No. 3) 2018
Division 1 — General
384. Transitional provision — Condition on family day care educators
Division 2 — Australian Capital Territory
Division 3 — New South Wales
Division 4 — Queensland
Division 5 — Tasmania
Division 6 — Western Australia393. Application of Division
393. Resignation of early childhood teacher
81. Schedule 2 replaced
Schedule 2 — Prescribed fees
Part 1 — Fees relating to provider approvals, serviceapprovals and ratings
Part 2 — Other fees
28 September 2018 GOVERNMENT GAZETTE, WA 3605
Education and Care Services National Law (WA) Act 2012
Education and Care Services National Amendment Regulations (No. 3) 2018
Made by the Governor in Executive Council.
1. Citation
These regulations are the Education and Care Services National
Amendment Regulations (No. 3) 2018.
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) the rest of the regulations — when the Education and Care Services National Law (WA) Amendment Act 2018 Part 2 comes into operation.
3. Regulations amended
These regulations amend the Education and Care Services
National Regulations 2012.
4. Regulation 4 amended
(1) In regulation 4(1) delete the definitions of: emergency
safety screening clearance
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(2) In regulation 4(1) insert in alphabetical order: emergency, in relation to an education and care service,
means an incident, situation or event where there is an
imminent or severe risk to the health, safety orwellbeing of a person at the education and care service;
Examples for this definition:
1. Flood.
2. Fire.
3. A situation that requires the education and care service premises to be locked down.
5. Regulation 12 replaced
Delete regulation 12 and insert:
12. Meaning of serious incident
For the purposes of the definition of serious incident in
section 5(1) of the Law, each of the following is
prescribed as a serious incident —
(a) the death of a child — (i) while that child is being educated and cared for by an education and care service; or
(ii) following an incident occurring while that child was being educated and cared for by an education and care service;
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(b) any incident involving serious injury or trauma to a child occurring while that child is being educated and cared for by an education and care service — (i) which a reasonable person would consider required urgent medical attention from a registered medical
practitioner; or
(ii) for which the child attended, or ought reasonably to have attended, a hospital;
Example for this subparagraph:
A broken limb.
(c) any incident involving serious illness of a child occurring while that child is being educated and cared for by an education and care service for which the child attended, or ought reasonably
to have attended, a hospital;Example for this paragraph:
Severe asthma attack, seizure or anaphylaxis
reaction.
(d) any emergency for which emergency services attended; (e) any circumstance where a child being educated service —
(i) appears to be missing or cannot be accounted for; or
(ii) appears to have been taken or removed from the education and care service premises in a manner that contravenes these Regulations; or
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(iii) is mistakenly locked in or locked out of the education and care service premises or any part of the premises.
6. Chapter 2 heading amended
In the heading to Chapter 2 delete “and certificates”.
7. Regulation 14 amended
In regulation 14:
(a) delete “An application for a provider approval made by an individual under section 10 of the Law must include
the following information — ” and insert:For section 10(3)(a) of the Law, the following
information is prescribed information —(b) in paragraph (fc) delete “safety screening clearance or”. Note:
At the end of regulation 14 the following note is to be inserted:
2. This regulation differs from regulation 14 of the national regulations made by the Ministerial Council.
8. Regulation 20 amended
In regulation 20:
(a) delete “An application for a provider approval made under section 39(5) of the Law by an executor who is an
individual must include the following information — ”
and insert:For section 39(6)(b) of the Law, the following
information is prescribed information —
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(b) in paragraph (gc) delete “safety screening clearance or”. Note:
At the end of regulation 20 the following note is to be inserted:
Note for this regulation:
This regulation differs from regulation 20 of the national
regulations made by the Ministerial Council.
9. Regulation 22 amended
In regulation 22:
(a) delete “An application for a provider approval made under section 40 of the Law by the legal personal
representative or guardian of an approved provider must
include the following information” and insert:For section 40(3)(b) of the Law, the following
information is prescribed information(b) in paragraph (gc) delete “safety screening clearance or”. Note:
At the end of regulation 22 the following note is to be inserted:
Note for this regulation:
This regulation differs from regulation 22 of the national
regulations made by the Ministerial Council.
10. Regulation 23 amended
In regulation 23 delete “An application for a provider approval
made under section 40 of the Law by the legal personal
representative or guardian of an approved provider must include
the following information” and insert:For section 40(3)(b) of the Law, the following information is
prescribed information if the application for a provider approval
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is made by the legal personal representative or guardian of an
approved provider
Note:
At the end of regulation 23 the following note is to be inserted:
Note for this regulation:
This regulation differs from regulation 23 of the national
regulations made by the Ministerial Council.
11. Regulation 24 amended
In regulation 24:
(a) delete “An application under section 43 of the Law for a service approval for a centre-based service must include
the following information — ” and insert:For section 44(1)(c) of the Law, the following
information is prescribed information for an application
for a service approval for a centre-based service —(b) delete paragraph (k) and insert:
(k)
the full name and contact details, including the after-hours telephone number, of each nominated supervisor.
Note:
The note at the end of regulation 24 is to read:
Notes for this regulation:
1. The application must include a nominated supervisor’s
written consent to the nomination unless the nominated
supervisor is the approved provider — see
section 44(1)(da) of the Law.2. This regulation differs from regulation 24 of the national regulations made by the Ministerial Council.
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12. Regulation 25 amended
(1)
In regulation 25(1) delete “Subject to subregulation (2), in addition to the information referred to in regulation 24, an application for a service approval for a centre-based service
must include the following information about the proposed
education and care service premises — ” and insert:In addition to the information referred to in regulation 24, the following information about the proposed education and care service premises is prescribed information —
(2) Delete regulation 25(2). Note: At the end of regulation 25 the following note is to be inserted:
Note for this regulation:
This regulation differs from regulation 25 of the national
regulations made by the Ministerial Council.
13. Regulation 25A inserted
After regulation 25 insert:
25A. Application for service approval for a centre-based
service — relocation of existing centre-based serviceNote for this regulation: Regulation 25A of the national regulations made by the
Ministerial Council does not apply as a law of WA.
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14. Regulation 26 amended
(1) In regulation 26:
(a) delete “An application under section 43 of the Law for a service approval for a family day care service must
include the following information — ” and insert:(1) For section 44(1)(c) of the Law, the following
information is prescribed information for a service
approval for a family day care service —(b) after paragraph (f) insert:
(fa) a statement that the applicant has the right to
occupy and use the proposed premises as a
principal office and any document evidencing
this;
Example for this paragraph:
A lease of the premises.
(c) after paragraph (g) insert:
(ga) a statement that each family day care residence
that will be part of the family day care service
and each place other than a residence where
education and care is to be provided to children
as part of the family day care service will be
located in this jurisdiction;(d) in paragraph (h) delete “jurisdictions and”;
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(e) delete paragraph (m) and insert:
(m)
the full name and contact details, including the after-hours telephone number, of each nominated supervisor;
Note for this paragraph:
The application must include a nominated
supervisor’s written consent to the nomination
unless the nominated supervisor is the approved
provider — see section 44(1)(da) of the Law.
(n) if the application includes a request for approval of a place as a family day care venue for the service — (i) the location and street address of the family day care venue; and
(ii) a statement that the applicant has the right to occupy and use the place as a family day care venue and any
document evidencing this; and
Example for this subparagraph:
A lease of the premises.
(iii) an assessment (including any risk assessment) of the place conducted by the approved provider to ensure that the health, safety and wellbeing of children being educated and cared for by the service are protected.
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(2) At the end of regulation 26 insert:
(2) An assessment referred to in subregulation (1)(n)(iii)
must consider the matters set out in regulation 116(2).Note: At the end of regulation 26 the following note is to be inserted:
2. This regulation differs from regulation 26 of the national regulations made by the Ministerial Council.
15. Regulation 32A inserted
After regulation 32 insert:
32A. Condition on service approval — maximum
number of family day care educatorsA service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that the number of
family day care educators providing education and care
as part of the service does not exceed the maximum
number of family day care educators determined by the
Regulatory Authority in the service approval.Note for this regulation:
See section 51(5) of the Law.
16. Regulation 34 amended
(1) In regulation 34:
(a) delete “An application” and insert: (1) An application
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(b) in paragraph (e) delete “amendment.” and insert: amendment;
(c) after paragraph (e) insert:
(f) if the application includes a request for approval of a place as a family day care venue for the service — (i) the location and street address of the family day care venue; and
(ii) a statement that the applicant has the right to occupy and use the place as a family day care venue and any
document evidencing this; and
Example for this subparagraph:
A lease of the premises.
(iii) an assessment (including any risk assessment) of the place conducted by the approved provider to ensure that the health, safety and wellbeing of children being educated and cared for by the service are protected.
(2) At the end of regulation 34 insert:
(2) An assessment referred to in subregulation (1)(f)(iii)
must consider the matters set out in regulation 116(2).
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17. Regulation 35 amended
In regulation 35:
(a) delete “change the person nominated as the” and insert: add a new
(b) delete paragraphs (e) to (g) and insert:
(g)
the date on which the new nominated supervisor commences or commenced work as a nominated supervisor.
Note: The heading to amended regulation 35 is to read:
Notice of addition of new nominated supervisor
Note:
At the end of regulation 35 the following note is to be inserted:
Note for this regulation:
A notice must include a nominated supervisor’s written consent to the
nomination unless the nominated supervisor is the approved
provider — see section 56(2)(a) of the Law.18. Regulation 41 amended
In regulation 41(b)(iii) after “regulations” insert:
72A,
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19. Regulation 42 amended
In regulation 42 delete “An application under section 87 of the
Law for a service waiver must include the following
information — ” and insert:For section 88(b) of the Law, the following information is
prescribed information —Note: At the end of regulation 42 the following note is to be inserted:
2. This regulation differs from regulation 42 of the national regulations made by the Ministerial Council.
20. Regulation 44 amended
In regulation 44(b)(iii) after “regulations” insert:
72A,
21. Chapter 2 Part 2.3 deleted
Delete Chapter 2 Part 2.3.
22. Regulation 70A inserted
At the beginning of Chapter 3 Part 3.5 insert:
70A. Prescribed rating levels for application for highest
ratingFor the purposes of section 152(5) of the Law, an
application for the highest rating level may only be
made if the approved education and care service is
rated at the second highest rating level in each quality
area.
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23. Chapter 4 Part 4.1AA inserted
Before Chapter 4 Part 4.1 insert:
Part 4.1AA — Location of principal office
72A. Location of principal office of family day care
serviceThe principal office of an approved family day care
service must be located within the jurisdiction in which
the service approval for the service is granted.Penalty: $2 000. 24. Regulation 77 amended
(1) In regulation 77(1) delete “the nominated supervisor” and
insert:nominated supervisors (2) In regulation 77(2) delete “The nominated” and insert: A nominated 25. Regulation 78 amended
In regulation 78(2) delete “The nominated” and insert:
A nominated
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26. Regulation 79 amended
In regulation 79(2) delete “The nominated” and insert:
A nominated
27. Regulation 80 amended
In regulation 80(2) delete “The nominated” and insert:
A nominated
28. Regulation 81 amended
In regulation 81(2) delete “The nominated” and insert:
A nominated
29. Regulation 83 amended
(1) In regulation 83(1):
(a) delete “the nominated” and insert: a nominated
(b) delete “his or her” and insert: the person’s
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(2) In regulation 83(2):
(a) delete “The nominated” and insert: A nominated
(b) in paragraph (b) delete “his or her” and insert: the supervisor’s
(3) In regulation 83(3)(b) delete “his or her” and insert: the educator’s 30. Regulation 84 amended
In regulation 84 delete “the nominated supervisor” and insert:
nominated supervisors
31. Regulation 90 amended
In regulation 90(1)(b) delete “the nominated supervisor” and
insert:nominated supervisors
32. Regulation 93 amended
In regulation 93(3) delete “The nominated” and insert:
A nominated
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33. Regulation 94 amended
In regulation 94(2) delete “nominated supervisor” and insert:
a nominated supervisor
34. Regulation 98 amended
In regulation 98 delete “the nominated supervisor” and insert:
nominated supervisors
35. Regulation 100 amended
In regulation 100(2) delete “The nominated” and insert:
A nominated
36. Regulation 102 amended
In regulation 102(2) delete “The nominated” and insert:
A nominated
37. Regulation 116 amended
Delete regulation 116(1) and insert:
(1) The approved provider of a family day care service
must conduct an assessment (including a risk
assessment) of each proposed residence and each
proposed family day care venue of the service before
education and care is provided to children at the
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residence or venue as part of the service to ensure that
the health, safety and wellbeing of children who areeducated and cared for by the service are protected.
Penalty: $2 000.
(1A)
Subregulation (1) does not apply in respect of an approved family day care venue if an assessment (including a risk assessment) of the family day care
venue was included in —
(a)
an application for a service approval under regulation 26(n)(iii); or
(b)
an application to amend a service approval under regulation 34(f)(iii).
(1B) The approved provider of a family day care service
must conduct an assessment (including a risk
assessment) of each residence and each approved
family day care venue of the service at least annually to
ensure that the health, safety and wellbeing of children
who are educated and cared for by the service are
protected.Penalty: $2 000. 38. Chapter 4 Part 4.3A inserted
After regulation 117 insert:
Part 4.3A — Minimum requirements for persons in day-to-day charge and nominated
supervisors
117A. Placing a person in day-to-day charge For the purposes of the definition of a person in
day-to-day charge in section 5(1) of the Law, a person
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is in day-to-day charge of an education and care service
if —
(a)
the person is placed in day-to-day charge by the approved provider or a nominated supervisor of the education and care service; and
(b) the person consents to the placement in writing.
117B. Minimum requirements for a person in day-to-day
charge
(1) An approved provider or a nominated supervisor of an
education and care service must not place a person in
day-to-day charge unless —
(a) the person has attained the age of 18 years; and (b) the approved provider or nominated supervisor (as the case requires) — (i) has had regard to the matters set out in subregulation (2); and
(ii) has taken reasonable steps to ensure that the person has adequate knowledge and understanding of the provision of
education and care to children and an
ability to effectively supervise and
manage an education and care service.
(2) For the purposes of subregulation (1)(b)(i), the matters
are —
(a) the person’s history of compliance with — (i) the Law as applying in any participating jurisdiction; and
(ii) a former education and care services law of a participating jurisdiction; and
(iii) a children’s services law of a
participating jurisdiction; and
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(iv) an education law of a participating jurisdiction;
and (b) any decision under the Law to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under — (i) the Law as applying in any participating jurisdiction; and
(ii) a former education and care services law of a participating jurisdiction; and
(iii) a children’s services law of a
participating jurisdiction; and
(iv) an education law of a participating jurisdiction.
117C. Minimum requirements for a nominated supervisor
(1) For the purposes of section 161A of the Law, the
prescribed minimum requirements for nomination of a
person as a nominated supervisor of an education and
care service are that the person must —
(a) have attained the age of 18 years; and (b)
have adequate knowledge and understanding of the provision of education and care to children; and
(c)
have the ability to effectively supervise and manage an education and care service.
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(2)
In determining whether to nominate a person as a nominated supervisor, an approved provider of an education and care service must have regard to the following matters —
(a) the history of the person’s compliance with — (i) the Law as applying in any participating jurisdiction; and
(ii) a former education and care services law of a participating jurisdiction; and
(iii) a children’s services law of a
participating jurisdiction; and
(iv) an education law of a participating jurisdiction;
(b) any decision under the Law to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under — (i) the Law as applying in any participating jurisdiction; and
(ii) a former education and care services law of a participating jurisdiction; and
(iii) a children’s services law of a
participating jurisdiction; and
(iv) an education law of a participating jurisdiction.
39. Chapter 4 Part 4.4 Division 3 heading amended
In the heading to Chapter 4 Part 4.4 Division 3 after
“educators” insert:and family day care co-ordinators
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40. Regulation 123 amended
Delete regulation 123(1)(d) and insert:
(d)
for children over preschool age, the ratio set out in regulation 369.
Note:
Note 2 at the end of regulation 123 is to be altered by deleting
“regulations 372 and 374.” and inserting:
regulation 372.
41. Regulation 123A inserted
After regulation 123 insert:
123A. Family day care co-ordinator to educator ratios —
family day care serviceFor the purposes of section 163(1) of the Law, the prescribed minimum number of qualified persons employed or engaged as family day care co-ordinators
of the family day care service is to be calculated in
accordance with the following ratios —
(a) for the first 12 months after the service commences providing education and care to children as part of the family day care service, 1 full-time equivalent family day care co-ordinator for every 15 family day care educators; (b) after the end of that 12 month period, 1 full-time equivalent family day care co-ordinator for every 25 family day care educators.
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42. Regulation 125 amended
In regulation 125(b) delete “section 163” and insert:
sections 55A and 163
43. Chapter 4 Part 4.4 Division 7A inserted
After Chapter 4 Part 4.4 Division 7 insert:
Division 7A — Minimum requirements for a family day
care educator
143A. Minimum requirements for a family day care
educator
(1) An approved provider of a family day care service
must not register or engage a person as a family day
care educator unless the approved provider —
(a)
has had regard to the matters set out in subregulation (2); and
(b)
has taken reasonable steps to ensure that the person has adequate knowledge and understanding of the provision of education and care to children.
Penalty: $2 000.
(2) For the purposes of subregulation (1)(a), the matters
are —
(a) the person’s history of compliance with — (i) the Law as applying in any participating jurisdiction; and
(ii) a former education and care services law of a participating jurisdiction; and
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(iii) a children’s services law of a
participating jurisdiction; and
(iv) an education law of a participating jurisdiction;
and (b) any decision under the Law to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under — (i) the Law as applying in any participating jurisdiction; and
(ii) a former education and care services law of a participating jurisdiction; and
(iii) a children’s services law of a
participating jurisdiction; and
(iv) an education law of a participating jurisdiction.
143B. Ongoing management of family day care educators An approved provider of a family day care service
must take reasonable steps to ensure that —
(a)
each family day care educator engaged by or registered with the service maintains an adequate knowledge and understanding of the provision of education and care to children; and
(b)
any serious incident that occurs while a child is being educated and cared for by a family day care educator as part of the service is adequately addressed; and
(c)
any complaints alleging that the Law has been contravened or that a serious incident has occurred or is occurring while a child was or is
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being educated and cared for by a family day
care educator are adequately addressed.
Penalty: $2 000.
44. Regulation 144 replaced
Delete regulation 144 and insert:
144. Family day care educator assistant
(1) For the purposes of section 164A(1) and (2) of the
Law, a person other than a family day care educator
may educate and care for a child as part of a family day
care service if —
(a)
the person is a family day care educator assistant approved under subregulation (2); and
(b)
the person provides education and care in the circumstances set out in subregulation (4).
(2) An approved provider of a family day care service may
approve a person as a family day care educator
assistant to assist a family day care educator in
providing education and care to children as part of the
family day care service.(3) An approved provider must not approve a person under
subregulation (2) unless the family day care educator
provides the written consent of a parent of each child
being educated and cared for by the educator to the use
of the family day care educator assistant in the
circumstances set out in subregulation (4).(4) An approved family day care educator assistant may
assist the family day care educator —
(a)
in the absence of the family day care educator, to transport a child between the family day care
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residence or approved family day care venue
and —(i) a school; or
(ii) another education and care service or children’s service; or
(iii) the child’s home;
or
(b) in the absence of the family day care educator, in emergency situations, including when the educator requires urgent medical care or treatment; or (c) in the absence of the family day care educator, to enable the educator to attend an appointment (other than a regular appointment) in unforeseen or exceptional circumstances, if —
(i) the absence is for less than 4 hours; and
(ii) the approved provider of the family day care service has approved that absence; and
(iii) notice of that absence has been given to the parents of the child;
or (d) while the educator is educating and caring for children as part of the family day care service.
45. Regulation 146 amended
In regulation 146:
(a) delete “in relation to the” and insert: in relation to each
28 September 2018 GOVERNMENT GAZETTE, WA 3631 Education and Care Services National Amendment Regulations (No. 3)
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(b) in paragraph (b)(ii) delete “the supervisor” and insert: the nominated supervisor
(c) in paragraph (c) delete “the supervisor;” and insert: the nominated supervisor;
(d) delete paragraphs (e) and (f) and insert:
(e)
if the nominated supervisor is a teacher registered under an education law of a participating jurisdiction and has provided proof of that registration, a record of the identifying number of the teacher registration and the expiry date of that registration;
(f)
in relation to Tasmania, a record of the identifying number of the nominated supervisor’s current working with vulnerable
people registration and the expiry date of that
registration.
46. Regulation 147 amended
Delete regulation 147(f) and insert:
(f)
in relation to Tasmania, a record of the identifying number of the nominated supervisor’s current working with vulnerable
people registration and the expiry date of that
registration.
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47. Chapter 4 Part 4.4 Division 10 heading amended
In the heading to Chapter 4 Part 4.4 Division 10 delete
“educators” and insert:educators, co-ordinators and assistants
48. Regulation 153 amended
(1) In regulation 153:
(a) delete “For the purposes of section 269 of the Law, the register of family day care educators” and insert:
(1) For the purposes of section 269(1)(a) of the Law, the
register(b) delete paragraph (e) and insert:
(e) the date that the educator ceased to be engaged by or registered with the service (if applicable); (c) delete paragraph (h); (d) delete paragraph (l) and insert:
(l) a record of — (i) if the service is located in a jurisdiction with a working with children law or a working with vulnerable people law, the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless subparagraph (ii) applies; or
28 September 2018 GOVERNMENT GAZETTE, WA 3633 Education and Care Services National Amendment Regulations (No. 3)
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(ii) except in the case of a service located in New South Wales, Queensland or Tasmania, if the educator has provided proof of the educator’s current teacher
registration under an education law of a participating jurisdiction, the identifying number of the teacher registration and
the expiry date of that registration; or(iii) in the case of a service located in Tasmania, the identifying number of the educator’s current working with
vulnerable people registration and the
expiry date of that registration (if
applicable);
(la) in relation to a check or registration referred to
in paragraph (l), the date that the check or
registration was sighted by the approved
provider or a nominated supervisor of the
service;
(e) delete paragraph (o) and insert:
(o) a record of — (i) the identifying number of the current working with children check, current working with children card, current
working with vulnerable people check
or criminal history record check or
current teacher registration of each
person referred to in paragraph (n) who
is required to provide the check, card,
record or registration under
regulation 163 and the date of expiry of
that check, card or registration, if
applicable; and
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(ii) the date that the check, card, record or registration was sighted by the approved provider or a nominated supervisor of the service;
(p) evidence that the educator is adequately monitored and supported by a family day care co-ordinator while the educator is providing education and care to children, including the following information — (i) the dates and times of any visits by the co-ordinator to the family day care residence or family day care venue for the purpose of monitoring or support;
(ii) the dates and times of any telephone calls between the co-ordinator and the educator for the purpose of monitoring or support;
(iii) details of any correspondence or written materials provided to the educator by the co-ordinator for the purpose of monitoring or support and the dates and times the correspondence or materials were provided to the educator.
(2) At the end of regulation 153 insert:
(2) For the purposes of section 269(1)(b) of the Law, the
register must include the following information in
relation to each family day care co-ordinator employed
or engaged by the service —
(a)
the full name, address and date of birth of the co-ordinator;
(b) the contact details of the co-ordinator;
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(c) the date that the co-ordinator was employed or engaged by the service; (d) the date that the co-ordinator ceased to be employed or engaged by the service (if applicable); (e) if the co-ordinator is an approved provider, the number of the provider approval and the date the approval was granted; (f) evidence of any relevant qualifications held by the co-ordinator; (g) if the co-ordinator will be providing education and care to children, evidence that the co-ordinator has completed — (i) current approved first aid training; and
(ii) current approved anaphylaxis management training; and
(iii) current approved emergency asthma
management training;(h) evidence of any other training completed by the co-ordinator; (i) a record of —
(i) if the service is located in a jurisdiction with a working with children law or a working with vulnerable people law, the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless subparagraph (ii) applies; or
(ii) except in the case of a service located in New South Wales, Queensland or Tasmania, if the co-ordinator has provided proof of the co-ordinator’s current teacher registration under an
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education law of a participating
jurisdiction, the identifying number of
the teacher registration and the expiry
date of that registration; or(iii) in the case of a service located in Tasmania, the identifying number of the co-ordinator’s current working with vulnerable people registration and the expiry date of that registration (if applicable);
(j)
in relation to a check or registration referred to in paragraph (i), the date that the check or registration was sighted by the approved provider or a nominated supervisor of the service.
(3) For the purposes of section 269(1)(c) of the Law, the
register must include the following information in
relation to each family day care educator assistant
engaged by or registered with the service —
(a) the full name, address and date of birth of the educator assistant; (b) the contact details of the educator assistant; (c) the name of the family day care educator to be assisted by the educator assistant; (d) day care venue where the educator assistant
the address of the residence or approved family as part of the service, including a statement as to whether it is a residence or a venue;
(e)
the date that the educator assistant was engaged by or registered with the service;
(f)
the date that the educator assistant ceased to be engaged by or registered with the service (if applicable);
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(g) if the educator assistant is an approved provider, the number of the provider approval and the date the approval was granted; (h) evidence of any relevant qualifications held by the educator assistant; (i) evidence that the educator assistant has completed —
(i) current approved first aid training; and
(ii) current approved anaphylaxis management training; and
(iii) current approved emergency asthma
management training;(j) evidence of any other training completed by the educator assistant; (k) a record of — (i) if the service is located in a jurisdiction with a working with children law or a working with vulnerable people law, the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless subparagraph (ii) applies; or
(ii) except in the case of a service located in New South Wales, Queensland or Tasmania, if the educator assistant has provided proof of the educator assistant’s current teacher registration
under an education law of a
participating jurisdiction, the identifying
number of the teacher registration and
the expiry date of that registration; or(iii) in the case of a service located in Tasmania, the identifying number of the educator assistant’s current working
3638 GOVERNMENT GAZETTE, WA 28 September 2018 Education and Care Services National Amendment Regulations (No. 3)
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with vulnerable people registration and
the expiry date of that registration (ifapplicable);
(l)
in relation to a check or registration referred to in paragraph (k), the date that the check or registration was sighted by the approved provider or a nominated supervisor of the service.
(4)
Information held on the register in relation to a family day care educator, a family day care co-ordinator or a family day care educator assistant must be kept on the register until the end of 3 years after the date on which the family day care educator, the family day care
co-ordinator or the family day care educator assistant
ceased to be employed or engaged by or registered with
the service.Note: The heading to amended regulation 153 is to read:
Register of family day care educators, co-ordinators and educator
assistants
49. Regulation 154 amended
(1) In regulation 154:
(a) delete “staff, of family day care co-ordinators engaged” and insert:
staff (other than family day care educators, family day care
co-ordinators or family day care educator assistants) engaged oremployed
(b) in paragraph (b) delete “the nominated” and insert: a nominated
28 September 2018 GOVERNMENT GAZETTE, WA 3639 Education and Care Services National Amendment Regulations (No. 3)
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(c) in paragraph (d) delete “149; and” and insert: 149.
(d) delete paragraph (e).
Note: The heading to amended regulation 154 is to read:
Record of staff engaged or employed by family day care service
50. Regulation 157 amended
In regulation 157(2) delete “The nominated” and insert:
A nominated
51. Regulation 158 amended
In regulation 158(1)(c)(ii) delete “the nominated” and insert:
a nominated
52. Regulation 161 amended
In regulation 161(1)(a) delete “provider, nominated” and insert:
provider, a nominated
53. Regulation 162 amended
(1) In regulation 162(h) delete “Wales.” and insert: Wales; and
3640 GOVERNMENT GAZETTE, WA 28 September 2018 Education and Care Services National Amendment Regulations (No. 3)
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(2) After regulation 162(h) insert: (i) in relation to Victoria, in the case of an education and care service specified in paragraph (a) of the definition of early childhood service in section 3(1) of the Public
Health and Wellbeing Act 2008 of Victoria —
(i) an immunisation status certificate within the meaning of section 147 of the Public Health and Wellbeing Act 2008 of
Victoria that is issued in relation to the child and that is provided under section 143B of the Public Health and Wellbeing Act 2008 of Victoria; or
(ii) details of any exemption in relation to the child under section 143C of the Public Health and Wellbeing Act 2008 of Victoria.
54. Regulation 163 amended
In regulation 163(4C) delete “safety screening clearance or” and
insert:current
55. Regulation 164 amended
(1) In regulation 164 delete “The approved” and insert: (1) The approved
28 September 2018 GOVERNMENT GAZETTE, WA 3641 Education and Care Services National Amendment Regulations (No. 3)
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(2) At the end of regulation 164 insert:
(2) The family day care educator must notify the approved
provider of —
(a) any new person aged 18 years or over who resides, or intends to reside, at the educator’s family day care residence; and
(b) previously been considered under
any circumstance relating to a person who has residence that may affect whether the person is a fit and proper person to be in the company of children.
Penalty: $2 000.
Note for this regulation:
The note at the end of regulation 164 is to be altered by deleting “this
regulation.” and inserting:
subregulation (1).
56. Regulation 168 amended
In regulation 168(2):
(a) in paragraph (a)(iv) delete “aid;” and insert: aid; and
(b) after paragraph (a)(iv) insert: (v) sleep and rest for children;
3642 GOVERNMENT GAZETTE, WA 28 September 2018 Education and Care Services National Amendment Regulations (No. 3)
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57. Regulation 169 amended
In regulation 169(2):
(a) in paragraph (a) delete “assessment and approval” and insert: assessment of proposed family day care venues and
proposed family day care residences(b) in paragraph (c) delete “educators” and insert: educators, family day care co-ordinators and family day
care educator assistants
58. Regulation 170 amended
In regulation 170 delete “the nominated supervisor” (each
occurrence) and insert:nominated supervisors
59. Regulation 171 amended
In regulation 171(1) delete “the nominated supervisor,” and
insert:nominated supervisors and
60. Regulation 173 amended
Delete regulation 173(1)(c) and insert:
(c) the name of each nominated supervisor;
28 September 2018 GOVERNMENT GAZETTE, WA 3643 Education and Care Services National Amendment Regulations (No. 3)
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61. Regulation 174 amended
(1) In regulation 174(1) delete “section 173(3)” and insert: section 173(4) (2) In regulation 174(2):
(a) delete “section 173(4)” and insert: section 173(5)
(b) before paragraph (a) insert:
(aa) in the case of a notice under section 173(2)(e),
at least 14 days before the change in the
location of the principal office takes place; or
62. Regulation 174A inserted
After regulation 174 insert:
174A. Prescribed information to accompany notice A notice under section 173(2)(e) of the Law must be
accompanied by a statement that the applicant has the
right to occupy and use the premises as a principal
office and any document evidencing this.Example for this regulation: A lease of the premises.
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63. Regulation 175 amended
Delete regulation 175(2)(d) and (e) and insert:
(d) any incident where the approved provider reasonably believes that physical abuse or sexual abuse of a child or children has occurred or is occurring while the child is or the children
are being educated and cared for by the
education and care service;(e) allegations that physical or sexual abuse of a child or children has occurred or is occurring while the child is or the children are being educated and cared for by the education and
care service (other than an allegation that has
been notified under section 174(2)(b) of the
Law).
64. Regulation 176A inserted
After regulation 176 insert:
176A. Prescribed information to be notified to approved
provider by family day care educatorFor the purposes of section 174A(c) of the Law, the
following matters are prescribed —
(a)
any renovations or other changes to the family day care residence that create a serious risk to the health, safety and wellbeing of children
attending or likely to attend the family day care
residence;(b)
any renovations or other changes to an approved family day care venue that create a serious risk to the health, safety and wellbeing
28 September 2018 GOVERNMENT GAZETTE, WA 3645 Education and Care Services National Amendment Regulations (No. 3)
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of children attending or likely to attend the
approved family day care venue.
65. Regulation 177 amended
In regulation 177(1):
(a) in paragraph (j) delete “staff, family day care co-ordinators engaged by the service and family day care educator assistants approved by the service,” and insert:
staff engaged or employed by the service
(b) in paragraph (n) delete “certified supervisors placed in day to day” and insert: each nominated supervisor and any person in day-to-day
Note:
At the end of regulation 177 the following note is to be inserted:
3. provider to keep a register of each family day care
See section 269(1) of the Law which requires the approved day care educator assistant engaged, employed or registered to provide education and care to a child.
66. Regulation 182 amended
In regulation 182(c) delete “or nominated” and insert:
or a nominated
3646 GOVERNMENT GAZETTE, WA 28 September 2018 Education and Care Services National Amendment Regulations (No. 3)
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67. Regulation 183 amended
In regulation 183(2)(f) delete “to the nominated” and insert:
to a nominated
68. Regulation 185 amended
In regulation 185 delete “by the nominated supervisor,” and
insert:by nominated supervisors,
69. Regulation 186 amended
In regulation 186:
(a) in paragraph (c) delete “number, service approval number or supervisor certificate number” and insert: number or service approval number
(b) in paragraph (d) delete “approval, service approval or supervisor certificate” and insert: approval or service approval
70. Regulation 216 amended
In regulation 216(n) delete paragraph (via) and insert:
(va) the Public Sector Commissioner, where
information is divulged or any
document or other thing is produced to
28 September 2018 GOVERNMENT GAZETTE, WA 3647 Education and Care Services National Amendment Regulations (No. 3)
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the Public Sector Commissioner for the
purposes of the Public SectorCommissioner’s functions under the
Corruption, Crime and Misconduct Act
2003 of Western Australia;
71. Regulation 227 amended
(1) In regulation 227(2):
(a) in paragraph (d) delete “approval, service approval or supervisor certificate;” and insert: approval or service approval;
(b) delete paragraph (e) and insert:
(e)
an amendment made to a provider approval or service approval for purposes of enforcement;
(f)
the giving of an emergency action notice under section 179 of the Law.
(2) In regulation 227(3):
(a) after paragraph (a) insert:
(ab) where enforcement action has been taken
against the approved provider and if the
Regulatory Authority is satisfied that it is in the
public interest to do so, information which
identifies a person with management or control
of an education and care service;
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(b) after paragraph (b)(iii)(A) insert:
(AB) the service approval number;
and
(c) delete paragraph (b)(iv) and insert: (iv) for an individual, the name of the individual;
(d) in paragraph (d)(iv) and (v) delete “approval, service approval or supervisor certificate — ” and insert: approval or service approval —
(e) in paragraph (d)(vi) delete “approval, service approval or supervisor certificate,” and insert: approval or service approval,
72. Regulation 231 deleted
Delete regulation 231.
73. Chapter 7 Part 7.1 Divisions 1 and 1A deleted
Delete Chapter 7 Part 7.1 Divisions 1 and 1A.
74. Regulations 245 to 247 deleted
Delete regulations 245 to 247.
28 September 2018 GOVERNMENT GAZETTE, WA 3649 Education and Care Services National Amendment Regulations (No. 3)
2018
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75. Regulation 249 amended
Delete regulation 249(2) and insert:
(2) If, on the scheme commencement day, the premises of
the declared approved service do not comply with a
provision of regulation 104, 114 or 115 and,
immediately before that day, were not required to
comply with a similar requirement under the former
education and care services law or education law of the
relevant participating jurisdiction that regulation does
not apply to the declared approved service until —
(a)
the premises of the declared approved service are renovated; or
(b)
the service approval for the declared approved service is transferred under section 58 of the Law.
Note:
At the end of regulation 249 the following note is to be inserted:
2. This regulation differs from regulation 249 of the national regulations made by the Ministerial Council.
76. Regulation 371 deleted
Delete regulation 371.
77. Regulations 374 to 378 deleted
Delete regulations 374 to 378.
78. Regulation 379 amended
Delete regulation 379(1).
79. Chapter 7 Part 7.9 Division 4 Subdivision 2 deleted
Delete Chapter 7 Part 7.9 Division 4 Subdivision 2.
3650 GOVERNMENT GAZETTE, WA 28 September 2018 Education and Care Services National Amendment Regulations (No. 3)
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80. Chapter 7 Part 7.10 replaced
Delete Chapter 7 Part 7.10 and insert:
Part 7.10 — Transitional and savings
provisions — Education and Care Services
National Amendment Regulations (No. 3) 2018
Division 1 — General
384. Transitional provision — Condition on service approval — maximum number of family day care educators
(1) This regulation applies to a family day care service
that, immediately before the commencement of
regulation 32A, was an approved family day care
service.(2) The Regulatory Authority must, on or before
1 April 2019, amend the service approval for the family
day care service under section 55 of the Law to include
a condition specifying a maximum number of family
day care educators.Note for this regulation: This regulation differs from regulation 384 of the national
regulations made by the Ministerial Council.
Division 2 — Australian Capital Territory
Note for this Division:
The national regulations made by the Ministerial Council include provisions as Division 2 which are not relevant to Western Australia.
28 September 2018 GOVERNMENT GAZETTE, WA 3651 Education and Care Services National Amendment Regulations (No. 3)
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Division 3 — New South Wales
Note for this Division:
The national regulations made by the Ministerial Council include provisions as Division 3 which are not relevant to Western Australia.
Division 4 — Queensland
Note for this Division:
The national regulations made by the Ministerial Council include provisions as Division 4 which are not relevant to Western Australia.
Division 5 — Tasmania
Note for this Division:
The national regulations made by the Ministerial Council include provisions as Division 5 which are not relevant to Western Australia.
Division 6 — Western Australia
393. Application of Division
This Division applies to Western Australia.
393. Resignation of early childhood teacher
(1)
Regulation 135 applies as if the reasons for the early childhood teacher to be absent included resignation.
(2) This regulation ceases to have effect on
31 December 2021.
3652 GOVERNMENT GAZETTE, WA 28 September 2018 Education and Care Services National Amendment Regulations (No. 3)
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81. Schedule 2 replaced
Delete Schedule 2 and insert:
Schedule 2 — Prescribed fees
Part 1 — Fees relating to provider approvals, service
approvals and ratings
Fee
Section of the Description Centre-based Family day care Law service (No. of service (No. of approved places or family day care places to be offered) educators engaged
by or registered
with service)Section 11(d) Application for $219 $219 provider approval Section 22(2)(c) Application to Nil Nil amend provider
approvalSection 37(2)(c) Application to Nil Nil voluntarily suspend
provider approvalSection 39(6)(c) Application by Nil Nil executor for
provider approvalSection 40(3)(c) Application by legal Nil Nil personal
representative or
guardian for
provider approvalSection 44(1)(e) Application for 24 places or fewer $658 service approval $438 25 to 80 places $658 $658 81 or more places $658 $878
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Fee
Section of the Description Centre-based Family day care Law service (No. of service (No. of approved places or family day care places to be offered) educators engaged
by or registered
with service)Section 53 Annual fee — 24 or fewer 5 or fewer family approved service approved places day care educators $200 $200 25 to 80 approved 6 to 20 family day places $301 care educators $301 81 or more approved 21 or more family places $399 day care educators
$399Section 54(2)(c) Application to Nil Nil amend service
approvalSection 59(2)(c) Notification of $108 $108 intended transfer of
service approvalSection 85(2)(c) Application to Nil Nil voluntarily suspend
service approvalSection 88(c) Application for $108 $108 service waiver Section 95(c) Application for $108 $108 temporary waiver Section 98(4) Application to $108 $108 extend temporary
waiver
3654 GOVERNMENT GAZETTE, WA 28 September 2018 Education and Care Services National Amendment Regulations (No. 3)
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Fee
Section of the Description Centre-based Family day care Law service (No. of service (No. of approved places or family day care places to be offered) educators engaged
by or registered
with service)Section 139(2)(c) Application for 24 or fewer 5 or fewer family reassessment and approved places day care educators re-rating $438 $438 25 to 80 approved 6 to 20 family day places $658 care educators $658 81 or more approved 21 or more family places $878 day care educators
$878Section 141(4)(d) Request for review Nil Nil by Regulatory
AuthoritySection 145(2)(c) Application for 24 or fewer 5 or fewer family review by Ratings approved places day care educators Review Panel $438 $438 25 to 80 approved 6 to 20 family day places $658 care educators $658 81 or more approved 21 or more family places $878 day care educators
$878Section 152(3)(c) Application for 24 or fewer 5 or fewer family highest rating approved places day care educators Nil Nil 25 to 80 approved 6 to 20 family day places care educators Nil Nil 81 or more approved 21 or more family places day care educators Nil Nil
28 September 2018 GOVERNMENT GAZETTE, WA 3655 Education and Care Services National Amendment Regulations (No. 3)
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Fee
Section of the Description Centre-based Family day care Law service (No. of service (No. of approved places or family day care places to be offered) educators engaged
by or registered
with service)Section 159(3)(c) Re-application for 24 or fewer 5 or fewer family highest rating approved places day care educators Nil Nil 25 to 80 approved 6 to 20 family day places care educators Nil Nil 81 or more approved 21 or more family places day care educators Nil Nil
Part 2 — Other fees
Provision of the Description Fee Law or regulation Section 266(4) Copy or extract from register of $5 per page or $70 for an approved providers electronic copy Section 267(4) Copy or extract from register of $5 per page or $70 for an approved education and care electronic copy services Regulation 138 Application for qualification to be $2 200 assessed for inclusion on lists of
approved qualificationsRegulation 139 Application for determination of $108 equivalent qualification Notes:
1. The Guide to Chapter 2 is to read:
This Chapter sets out requirements for obtaining provider approvals and service approvals.
3656 GOVERNMENT GAZETTE, WA 28 September 2018 Education and Care Services National Amendment Regulations (No. 3)
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Part 2.1 deals with the process of obtaining provider approvals and includes the information required for applications.
Part 2.2 contains matters relating to service approvals.
Division 1 deals with applications for service approvals, conditions on service approvals and annual fees for service approvals.
Division 2 deals with amendment of service approvals and notices of change to nominated supervisors.
Division 3 deals with the transfer of service approvals from one approved provider to another.
Division 4 deals with the suspension of service approvals.
Division 5 deals with the process for obtaining a service waiver.
Division 6 deals with the process for obtaining a temporary waiver.2. The Guide to Chapter 4 is to read:
This Chapter contains requirements for operating an education and care
service. This Chapter is relevant for all services and is aligned with the
National Quality Standard.Part 4.1AA sets out a requirement regarding the location of offices of a family day care service.
Part 4.1 sets out requirements for an educational program and practice for a
service. The regulations in this Part are relevant to quality area 1 of theNational Standard.
Part 4.2 sets out requirements for services relating to children’s health and
safety. The regulations in this Part are relevant to quality area 2 of the
National Standard.Division 1 sets out requirements to be put in place for the health, safety and wellbeing of children.
Division 2 sets out the requirements for policies and procedures relating to incidents, injuries, trauma and illness.
Division 3 sets out requirements for a medical conditions policy and medication procedures.
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Division 4 sets out matters relating to the administration of medication.
Division 5 sets out matters relating to emergencies and communication.
Division 6 sets out requirements for collection of children from premises and excursions.
Part 4.3 sets out the physical environment requirements for services. These requirements may differ depending on whether the service is a centre-based service or a family day care service. The regulations in this Part are relevant to quality area 3 of the National Standard.
Division 1 sets out the requirements for premises for both centre-based services and family day care services.
Division 2 sets out the additional requirements for centre-based services.
Division 3 sets out the additional requirements for family day care services.
Part 4.3A sets out the minimum requirements for persons in day-to-day charge and nominated supervisors.
Part 4.4 sets out staffing requirements for education and care services, including minimum numbers of educators, qualification requirements, requirements for early childhood teachers and family day care educator assistants and staff and educator records and registers. The regulations in this Part are relevant to quality area 4 of the National Standard.
Part 4.5 sets out provisions relating to relationships between children and educators. The regulations in this Part are relevant to quality area 5 of the National Standard.
Part 4.6 sets out a requirement for services to have collaborative relationships
with families. The regulations in this Part are relevant to quality area 6 of theNational Standard.
Part 4.7 sets out matters relating to management and leadership in services.
The regulations in this Part are relevant to quality area 7 of the NationalStandard.
Division 1 sets out matters relating to the management of services.
Division 2 sets out matters relating to policies and procedures for services.
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Division 3 sets out information and record-keeping requirements.
3. The Guide to Chapter 7 is to read:
This Chapter contains transitional and saving provisions.
Part 7.1 contains general transitional and saving provisions.
Part 7.2 contains provisions relating to the Australian Capital Territory.
Part 7.3 contains provisions relating to New South Wales.
Part 7.4 contains provisions relating to the Northern Territory.
Part 7.5 contains provisions relating to Queensland.
Part 7.6 contains provisions relating to South Australia.
Part 7.7 contains provisions relating to Tasmania.
Part 7.8 contains provisions relating to Victoria.
Part 7.9 contains provisions relating to Western Australia.
Part 7.10 contains transitional and savings provisions that relate to the
Education and Care Services National Amendment Regulations (No. 3) 2018.4. At the end of regulation 369 the following note is to be inserted:
Note for this regulation:
This regulation differs from regulation 369 of the national
regulations made by the Ministerial Council.
M. INGLIS, Clerk of the Executive Council.
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