Education and Care Services National Amendment Regulations (No. 3) 2023 (WA)
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COMMUNITY AND CHILD SERVICES
CN301
Education and Care Services National Law (Western Australia)
Education and Care Services National Amendment Regulations (No. 3) 2023
SL 2023/71
Made by the Governor in Executive Council.
Part 1 — Preliminary
National Regulations 2012. 1. Citation
These regulations are the Education and Care Services National
Amendment Regulations (No. 3) 2023.
2. Commencement
These regulations come into operation as follows —
(a)
Part 1 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) Part 2 — on the day after gazettal day; (c) the rest of the regulations — on 1 July 2023.
3. Regulations amended These regulations amend the Education and Care Services
16 June 2023 GOVERNMENT GAZETTE, WA 1679 Part 2 — Amendments relating to fees
4. Regulation 33 replaced
Delete regulation 33 and insert:
33. Annual fees The approved provider of an education and care service must pay the relevant prescribed annual fee for the service approval on or before 1 July in each year.
Note for this regulation:
Part 6.3 Divisions 2 and 3 provide for the calculation of prescribed annual fees.
5. Regulation 138 amended
Delete regulation 138(2)(b) and insert:
(b) the relevant fee calculated in accordance with Part 6.3.
6. Regulation 139 amended
Delete regulation 139(1)(b) and insert:
(b) be accompanied by the relevant fee calculated in accordance with Part 6.3.
7. Part 6.3 replaced
Delete Part 6.3 and insert:
Part 6.3 — Fees
Division 1 — Provisions applying generally to fees
232. Definitions
In this Part and Schedule 2 —
commencement day means the day on which the
Education and Care Services National Amendment
Regulations (No. 3) 2023 regulation 7 comes into
operation.
Note for this definition:
This definition does not form part of the national regulations made by the Ministerial Council.
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extra-large service means —
(a) in relation to a centre-based service, a centre-based service that has 101 or more approved places or places to be offered; or (b) in relation to a family day care service, a family day care service that has 61 or more family day care educators engaged by or registered with the service;
indexation factor, in relation to a financial year, means
the indexation factor for the financial year calculated in
accordance with regulation 233;
large service means —
(a) in relation to a centre-based service, a centre-based service that has 81 or more but fewer than 101 approved places or places to be offered; or (b) in relation to a family day care service, a family than 61 family day care educators engaged by or registered with the service;
medium service means —
(a) in relation to a centre-based service, a centre-based service that has 25 or more but fewer than 81 approved places or places to be offered; or (b) in relation to a family day care service, a family than 21 family day care educators engaged by or registered with the service;
small service means —
(a) in relation to a centre-based service, a
centre-based service that has 24 or fewer approved places or places to be offered; or
(b) in relation to a family day care service, a family care educators engaged by or registered with the service.
16 June 2023 GOVERNMENT GAZETTE, WA 1681 233. Calculation of indexation factor for financial year
(1) For the purposes of this Part, the indexation factor for a
financial year is to be worked out using the following
formula —
Sum of index numbers for quarters in most recent March year
Sum of index numbers for quarters in previous March year
where —
index number, for a quarter, means the All Groups
Consumer Price Index Number (being the weighted
average of the 8 capital cities) published by theAustralian Bureau of Statistics for that quarter;
most recent March year means the period of
12 months ending on 31 March in the immediately
preceding financial year;
previous March year means the period of 12 months
immediately preceding the most recent March year;
quarter means a period of 3 months ending on
31 March, 30 June, 30 September or 31 December.
The result worked out under subregulation (1) must be rounded up or down to 3 decimal places, rounding up if the result ends in 0.0005.
A calculation made under subregulation (1) is to be made —
(a) using the index numbers published in terms of the most recently published reference base for the Consumer Price Index; and (b) disregarding index numbers that are published in substitution for previously published index numbers (unless the substituted numbers are published to take account of changes in the
reference base). 234. Fee amount to be rounded down to nearest whole dollar
The amount of a prescribed fee calculated in accordance with this Part is to be rounded down to the nearest whole dollar.
235. Late payment fees (annual fees)
(1) If the annual fee for a service approval is not paid on or before 1 July, the Regulatory Authority may charge the approved provider a late payment fee, in addition to the annual fee, for every 30 days (or part of every 30 days) that the annual fee is overdue.
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(2) For the purposes of subregulation (1), the late payment fee is 15% of the relevant prescribed annual fee that is overdue.
236. Waiver, reduction, deferral and refund of fees
The National Authority may waive, reduce, defer or refund any fee payable or paid to it under the Law if there are exceptional circumstances.
236A. Publication of prescribed and other required fees
(1) The National Authority must publish, before the
financial year beginning on 1 July in each year, the fees
applicable for that financial year calculated in
accordance with this Part.(2) The Regulatory Authority may also publish the fees
referred to in subregulation (1).Division 2 — Prescribed and other fees between
commencement day and 30 June 2023
Note for this Division:
This Division heading differs from the heading of Chapter 6 Part 6.3 Division 2 of the national regulations made by the Ministerial Council.
236B. Prescribed fees and other fees for period beginning
on commencement day and ending on 30 June 2023
(1) For the purposes of the Law, for the period beginning
on the commencement day and ending on
30 June 2023, the prescribed fee for the purposes of a
provision of the Law specified in column 2 of Table 1
or 2 set out in Schedule 2 is the relevant corresponding
fee in column 4 of that Table.(2) For the purposes of regulation 138(2)(b), for the period
beginning on the commencement day and ending on 30 June 2023, the relevant fee is $2 426. (3) For the purposes of regulation 139(1)(b), for the period
beginning on the commencement day and ending on
30 June 2023, the relevant fee is $116.Note for this regulation: This regulation differs from regulation 236B of the national regulations made by the Ministerial Council.
16 June 2023 GOVERNMENT GAZETTE, WA 1683 Division 3 — Prescribed and other fees on and after
1 July 2023
236C. Prescribed fee — application for provider approval (1)
For the purposes of section 11(d) of the Law, the prescribed fee for the financial year beginning on 1 July 2023 is to be calculated in accordance with the
following formula — $241 x FX x 1.05 where — FX is the indexation factor for the financial year
beginning on 1 July 2023.
(2) For the purposes of section 11(d) of the Law, in a
financial year beginning on 1 July 2024 or 1 July in a
later year (the relevant financial year), the prescribed
fee is to be calculated in accordance with the following
formula —P x FX where — P is the amount of the fee payable in the previous financial year;
FX is the indexation factor for the relevant financial
year.
Note for this regulation:
This regulation differs from regulation 2360 of the national regulations made by the Ministerial Council.
236D. Prescribed fees — application for service approval (1) For the purposes of section 44(1)(e) of the Law, the
prescribed fee for the financial year beginning on 1 July 2023 in relation to a small service, a medium
service or a large service is to be calculated in
accordance with the following formula —F x FX x 1.05 where — F is — (a)
in the case of a small service other than a family day care service — $482;
(b)
in the case of a medium service other than a family day care service — $725;
(c)
in the case of a large service other than a family day care service — $967;
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(d) in the case of a small service, medium service
or large service that is a family day care
service — $725;
FX is the indexation factor for the financial year
beginning on 1 July 2023.
(2) For the purposes of section 44(1)(e) of the Law, the
prescribed fee for the financial year beginning on
1 July 2023 in relation to an extra-large service that is a
centre-based service is to be calculated in accordance
with the following formula —$967 x FX x 1.3125 where — FX is the indexation factor for the financial year beginning on 1 July 2023.
(3) For the purposes of section 44(1)(e) of the Law, the
prescribed fee for the financial year beginning on
1 July 2023 in relation to an extra-large service that is a
family day care service is to be calculated in
accordance with the following formula —$725 x FX x 1.05 where — FX is the indexation factor for the financial year beginning on 1 July 2023.
(4) For the purposes of section 44(1)(e) of the Law, in a
financial year beginning on 1 July 2024 or 1 July in a
later year (the relevant financial year), the prescribed
fee is to be calculated in accordance with the following
formula —
P x FX where — P is the amount of the relevant fee payable in the previous financial year;
FX is the indexation factor for the relevant financial
year.
Note for this regulation:
This regulation differs from regulation 236D of the national regulations made by the Ministerial Council.
16 June 2023 GOVERNMENT GAZETTE, WA 1685 236E. Prescribed annual fees
(1) For the purposes of section 53 of the Law, the
prescribed annual fee for the financial year beginning
on 1 July 2023 in relation to a small service, a medium
service or a large service is to be calculated inaccordance with the following formula —
F x FX x 1.05
where —
F is —
(a) in the case of a small service — $218; (b) in the case of a medium service — $329; (c) in the case of a large service — $438; FX is the indexation factor for the financial year
beginning on 1 July 2023.
(2) For the purposes of section 53 of the Law, the
prescribed annual fee for the financial year beginning
on 1 July 2023 in relation to an extra-large service is to
be calculated in accordance with the followingformula —
$438 x FX x 1.3125
where —
FX is the indexation factor for the financial year
beginning on 1 July 2023.
(3) For the purposes of section 53 of the Law, in a
financial year beginning on 1 July 2024 or 1 July in a
later year (the relevant financial year), the prescribed
annual fee is to be calculated in accordance with the
following formula — P x FX where — P is the amount of the relevant fee payable in the
previous financial year;
FX is the indexation factor for the relevant financial
year.
Note for this regulation:
This regulation differs from regulation 236E of the national regulations made by the Ministerial Council.
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236F. Prescribed fee — application for amendment of
service approval
(1) For the purposes of section 54(2)(c) of the Law, the
prescribed fee for the financial year beginning on
1 July 2023 is to be calculated in accordance with the
following formula —$116 x FX where — FX is the indexation factor for the financial year beginning on 1 July 2023.
(2) For the purposes of section 54(2)(c) of the Law, in a
financial year beginning on 1 July 2024 or 1 July in a
later year (the relevant financial year), the prescribed
fee is to be calculated in accordance with the following
formula —P x FX where — P is the amount of the fee payable in the previous financial year;
FX is the indexation factor for the relevant financial
year.
236G. Prescribed fee — notification of intended transfer of
service approval
(1) For the purposes of section 59(2)(c) of the Law, the
prescribed fee for the financial year beginning on
1 July 2023 is to be calculated in accordance with the
following formula —where —
$116 x FX x 1.05 FX is the indexation factor for the financial year beginning on 1 July 2023.
(2) For the purposes of section 59(2)(c) of the Law, in a
financial year beginning on 1 July 2024 or 1 July in a
later year (the relevant financial year), the prescribed
fee is to be calculated in accordance with the following
formula —P x FX where — P is the amount of the fee payable in the previous financial year;
16 June 2023 GOVERNMENT GAZETTE, WA 1687 FX is the indexation factor for the relevant financial
year.
Note for this regulation:
This regulation differs from regulation 236G of the national regulations made by the Ministerial Council.
236H. Prescribed fee — application for service waiver
For the purposes of section 88(c) of the Law, in a financial year beginning on 1 July 2023 or 1 July in a later year (the relevant financial year), the prescribed fee is to be calculated in accordance with the following formula —
P x FX
where —
P is the amount of the fee payable in the previous
financial year;FX is the indexation factor for the relevant financial
year.
2361. Prescribed fee — application for temporary waiver
For the purposes of section 95(c) of the Law, in a financial year beginning on 1 July 2023 or 1 July in a later year (the relevant financial year), the prescribed fee is to be calculated in accordance with the following formula —
P x FX
where —
P is the amount of the fee payable in the previous
financial year;FX is the indexation factor for the relevant financial year.
236J. Prescribed fee — application to extend temporary
waiver
For the purposes of section 98(4) of the Law, in a financial year beginning on 1 July 2023 or 1 July in a later year (the relevant financial year), the prescribed fee is to be calculated in accordance with the following formula —
P x FX
where —
P is the amount of the fee payable in the previous
financial year;
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FX is the indexation factor for the relevant financial
year.
236K. Prescribed fee — application for reassessment and
re-rating
(1) For the purposes of section 139(2)(c) of the Law, the
prescribed fee for the financial year beginning on
1 July 2023 in relation to a small service, a medium
service or a large service is to be calculated in
accordance with the following formula —
F x FX
where —
F is —
(a) in the case of a small service — $482; (b) in the case of a medium service — $725; (c) in the case of a large service — $967;
FX is the indexation factor for the financial year
beginning on 1 July 2023.
(2) For the purposes of section 139(2)(c) of the Law, the
prescribed fee for the financial year beginning on
1 July 2023 in relation to an extra-large service is to be
calculated in accordance with the following formula —
$967 x FX x 1.25
where —
FX is the indexation factor for the financial year
beginning on 1 July 2023.
(3) For the purposes of section 139(2)(c) of the Law, in a
later year (the relevant financial year), the prescribed financial year beginning on 1 July 2024 or 1 July in a fee is to be calculated in accordance with the following
formula —P x FX where — P is the amount of the relevant fee payable in the previous financial year;
FX is the indexation factor for the relevant financial
year.
16 June 2023 GOVERNMENT GAZETTE, WA 1689 236L. Prescribed fee — application for review by Ratings Review Panel of rating level
(1) For the purposes of section 145(2)(c) of the Law, the
prescribed fee for the financial year beginning on
1 July 2023 in relation to a small service, a medium
service or a large service is to be calculated in
accordance with the following formula —
F x FX x 1.06
where —
F is —
(a) in the case of a small service — $482; (b) in the case of a medium service — $725; (c) in the case of a large service — $967; FX is the indexation factor for the financial year
beginning on 1 July 2023.
(2) For the purposes of section 145(2)(c) of the Law, the
prescribed fee for the financial year beginning on
1 July 2023 in relation to an extra-large service is to be
calculated in accordance with the following formula —
$967 x FX x 1.325
where —
FX is the indexation factor for the financial year
beginning on 1 July 2023.
(3)
For the purposes of section 145(2)(c) of the Law, in a financial year beginning on 1 July 2024 or 1 July in a later year (the relevant financial year), the prescribed fee is to be calculated in accordance with the following
formula — P x FX where — P is the amount of the relevant fee payable in the
previous financial year;
FX is the indexation factor for the relevant financial
year.
Note for this regulation:
This regulation differs from regulation 236L of the national regulations made by the Ministerial Council.
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236M. Prescribed fees — copy of or extract from registers
(1) For the purposes of section 266(4) of the Law, the
prescribed fee in a financial year beginning on
1 July 2023 or 1 July in a later year (the relevantfinancial year) is to be calculated in accordance with the following formula — P x FX where — P is the amount of the fee payable in the previous financial year;
FX is the indexation factor for the relevant financial
year.
(2) For the purposes of section 267(4) of the Law, the
prescribed fee in a financial year beginning on
1 July 2023 or 1 July in a later year (the relevantfinancial year) is to be calculated in accordance with the following formula — P x FX where — P is the amount of the fee payable in the previous financial year;
FX is the indexation factor for the relevant financial
year.
236N. Prescribed fees — other applications
For the purposes of sections 22(2)(c), 37(2)(c),
39(6)(c), 40(3)(c), 85(2)(c), 141(4)(d), 152(3)(c) and159(3)(c) of the Law, the prescribed fee is nil.
2360. Relevant fee — application for qualification to be assessed for inclusion on list of approved qualifications
(1) For the purposes of regulation 138, the relevant fee for
the financial year beginning on 1 July 2023 is to be
calculated in accordance with the following formula —
$2 426 x FX x 1.06
where —
FX is the indexation factor for the financial year
beginning on 1 July 2023.
16 June 2023 GOVERNMENT GAZETTE, WA 1691 (2) For the purposes of regulation 138, in a financial year beginning on 1 July 2024 or 1 July in a later year (the
relevant financial year), the relevant fee is to be
calculated in accordance with the following formula —
P x FX
where —
P is the amount of the fee payable in the previous
financial year;
FX is the indexation factor for the relevant financial
year.
Note for this regulation:
This regulation differs from regulation 2360 of the national regulations made by the Ministerial Council.
236P. Relevant fee — application for determination of
equivalent qualification
For the purposes of regulation 139, in a financial year beginning on 1 July 2023 or 1 July in a later year (the
relevant financial year), the relevant fee is to be
calculated in accordance with the following formula —
P x FX
where —
P is the amount of the fee payable in the previous
financial year;
FX is the indexation factor for the relevant financial
year.
8. Schedule 2 replaced
Delete Schedule 2 and insert: Schedule 2 — Prescribed fees for period beginning on commencement day and ending on 30 June 2023
[r. 236B]
Table 1 — Prescribed fees for provider approvals, service approvals,
assessments and ratings
Column 1 Column 2 Column 3 Column 4 Item Section of the Law Description Fee 1 Section 11(d) Application for a $241 provider approval
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Column 1 Column 2 Column 3 Column 4 Item Section of the Law Description Fee 2 Section 22(2)(c) Application to amend a Nil provider approval 3 Section 37(2)(c) Application to voluntarily Nil suspend a provider
approval4 Section 39(6)(c) Application to approve an Nil executor as approved
provider5 Section 40(3)(c) Application to approve Nil legal personal
representative or
guardian as approved
provider6 Section 44(1)(e) Application for service Small service approval — centre-based $482 service Medium service
$725Large service
$967Extra-large
service $9677 Section 44(1)(e) Application for service $725 approval — family day
care service8 Section 53 Annual fee — Small service centre-based service $218
Medium service $329 Large service
$438Extra-large
service $438
9 Section 53 Annual fee — family day Small service care service $218 Medium service
$329Large service
$438Extra-large
service $438
16 June 2023 GOVERNMENT GAZETTE, WA 1693
Column 1 Column 2 Column 3 Column 4 Item Section of the Law Description Fee 10 Section 54(2)(c) Application to amend Nil service approval 11 Section 59(2)(c) Notification of intended $116 transfer of service
approval12 Section 85(2)(c) Application to voluntarily Nil suspend service approval 13 Section 88(c) Application for service $116 waiver 14 Section 95(c) Application for $116 temporary waiver 15 Section 98(4) Application to extend $116 temporary waiver 16 Section 139(2)(c) Application for Small service reassessment and $482 re-rating Medium service
$725Large service
$967Extra-large
service $96717 Section 141(4)(d) Request for review by Nil Regulatory Authority 18 Section 145(2)(c) Application for further Small service review by Ratings $482
Review Panel Medium service
$725Large service
$967Extra-large
service $967
19 Section 152(3)(c) Application for highest Nil rating 20 Section 159(3)(c) Re-application for Nil highest rating
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| Table 2 — Other prescribed fees |
Column 1 Column 2 Column 3 Column 4 Item Section of the Law Description Fee 1 Section 266(4) Copy of or extract from $5 per register of approved providers page or
$75 for an
electronic
copy2 Section 267(4) Copy of or extract from $5 per register of approved education page or and care services
$75 for an electronic copy
Part 3 Other amendments
9. Regulation 123A replaced
Delete regulation 123A and insert:
123A. Family day care co-ordinator to educator ratios —
family day care service
(1) For the purposes of section 163(1) of the Law, if a
family day care service has provided education and
care to children for less than 12 months, the prescribed
minimum number of qualified persons employed or
engaged as family day care co-ordinators of the family
day care service is 1 full-time equivalent family day
care co-ordinator for every 15 family day care
educators (or part of that number).
Examples for this subregulation: 1. If between 1 and 15 family day care educators are engaged by or registered with the family day care service, a full-time equivalent family day care co-ordinator is employed or
engaged by the approved provider.
2. If between 16 and 30 family day care educators are engaged by or registered with the family day care service, 2 full-time equivalent family day care co-ordinators are employed or engaged by the approved provider.
(2) For the purposes of section 163(1) of the Law, if a
family day care service has provided education and
care to children for 12 months or more, the prescribed
minimum number of qualified persons employed orengaged as family day care co-ordinators of the family day care service is to be calculated in accordance with
the following ratios —
16 June 2023 GOVERNMENT GAZETTE, WA 1695
(a)
if the number of family day care educators engaged by or registered with the service is not more than 25 — 1 full-time equivalent family day care co-ordinator;
(b)
if the number of family day care educators engaged by or registered with the service exceeds 25 — an additional 0.2 full-time equivalent family day care co-ordinator for every additional 5 family day care educators (or part of that number).
Examples for this subregulation:
1. If between 1 and 25 family day care educators are engaged by or registered with the family day care service, a full-time equivalent family day care co-ordinator is employed or
engaged by the approved provider.
2. If between 26 and 30 family day care educators are engaged by or registered with the family day care service, a full-time equivalent family day care co-ordinator is employed or engaged by the approved provider and a 0.2 full-time equivalent family day care co-ordinator is also employed or engaged.
3. If between 31 and 35 family day care educators are engaged by or registered with the family day care service, a full-time equivalent family day care co-ordinator is employed or engaged by the approved provider and a 0.4 full-time equivalent family day care co-ordinator is also employed or engaged.
10. Regulation 126 amended
(1) In regulation 126(1)(a) and (b) delete "have," and insert: hold, (2) In regulation 126 in note 2 delete "have" and insert:
hold 11. Regulation 126A inserted
After regulation 126 insert:
126A. Illness or absence of qualified educator who is required to meet relevant educator to child ratio
(1A) In this regulation —
approved education and care qualification means —
(a)
an approved certificate III level education and care qualification; or
(b)
an approved diploma level education and care qualification; or
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(c)
an approved early childhood teaching qualification.
(1) This regulation applies if an educator referred to in
regulation 126(1)(a) or (b) is absent from a centre-based service in any of the following circumstances —
(a) short-term illness; (b) the educator's resignation; (c)
a practicum placement required to be undertaken by the educator for an approved education and care qualification;
(d) leave.
(2) During the educator's absence, for the purposes of
regulation 126(1)(a) or (b), a person who holds a
qualification in primary teaching may be taken to hold
an approved diploma level education and care
qualification or an approved certificate III level
education and care qualification (as the case requires).
(3) An educator may be replaced in accordance with
subregulations (1) and (2) for a maximum of 30 days in
any 12 month period.
(4) For the purposes of subregulation (3), in relation to a
part-time educator, 30 days is to be calculated on a
pro rata basis.
12. Regulation 127 amended
(1) In regulation 127 delete "have," and insert: hold,
(2) At the end of regulation 127 insert: Note for this regulation:
This regulation differs from regulation 127 of the national regulations made by the Ministerial Council.
13. Regulation 128 amended
In regulation 128 delete "have" and insert:
hold
16 June 2023 GOVERNMENT GAZETTE, WA 1697 14. Regulation 135 amended
(1) Before regulation 135(1) insert:
(1A) In this regulation —
approved education and care qualification means —
(a)
an approved certificate III level education and care qualification; or
(b)
an approved diploma level education and care qualification; or
(c)
an approved early childhood teaching qualification.
(2) In regulation 135(1) and (2) delete "short-term illness or leave,"
and insert:
a circumstance specified in subregulation (6),
(3) After regulation 135(5) insert:
(6) For the purposes of subregulations (1) and (2), the following circumstances are specified —
(a) short-term illness; (b)
the resignation of the early childhood teacher, the second early childhood teacher or the suitably qualified person (as the case may be);
(c)
a practicum placement required to be undertaken by the early childhood teacher or the second early childhood teacher (as the case may be) for an approved education and care
qualification; (d)
a practicum placement required to be undertaken by the suitably qualified person for an approved education and care qualification;
(e) leave.
15. Regulations 152A and 152B inserted
At the end of Chapter 4 Part 4.4 Division 9 insert:
152A. Record of replacement of educator
The approved provider of a centre-based service must keep a record of an educator who is replaced in accordance with regulation 126A that includes the following information —
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(a) the full name of the educator; (b)
the qualification that the educator who is replaced holds, or is actively working towards, for the purposes of regulation 126;
(c)
the qualification of the person who replaced the educator;
(d) the dates on which the educator was replaced; (e) the reason for the educator's absence. Note for this regulation:
See regulation 126A(1) for the circumstances in which an educator may be absent from a centre-based service.
152B. Record of replacement of early childhood teacher or
suitably qualified person
The approved provider of a centre-based service must
keep a record of an early childhood teacher or a
suitably qualified person who is replaced in accordance
with regulation 135(1) or (2) that includes thefollowing information —
(a)
the full name of the early childhood teacher or the suitably qualified person;
(b)
whether the person who is replaced is an early childhood teacher or suitably qualified person at the service;
(c)
the qualification of the person who replaced the early childhood teacher or the suitably qualified person (as the case may be);
(d)
the dates on which the early childhood teacher or the suitably qualified person was replaced;
(e)
the reason for the early childhood teacher's or the suitably qualified person's absence.
Note for this regulation: See regulation 135(6) for the circumstances in which an early childhood teacher or a suitably qualified person may be absent from a centre-based service.
16. Regulation 239A amended
In regulation 239A(1) delete "31 December 2023" and insert:
31 December 2024
17. Regulation 240 amended
In regulation 240(1) delete "31 December 2023" and insert:
31 December 2024
16 June 2023 GOVERNMENT GAZETTE, WA 1699 18. Regulation 242 amended
In regulation 242(1) delete "before 31 December 2023." and insert:
until 31 December 2024.
19. Regulation 254 amended
At the end of regulation 254 insert:
Note for this regulation:
This regulation differs from regulation 254 of the national regulations made by the Ministerial Council.
20. Note for Chapter 7 Part 7.9 Division 3A inserted
At the beginning of Chapter 7 Part 7.9 Division 3A insert:
Note for this Division:
This Division heading differs from the heading to Chapter 7 Part 7.9 Division 3A of the national regulations made by the Ministerial Council.
21. Regulation 373A amended
In regulation 373A delete the note and insert:
Note for this regulation:
This regulation differs from regulation 373A of the national regulations made by the Ministerial Council.
22. Note for Chapter 7 Part 7.10 Division 2 replaced
At the beginning of Chapter 7 Part 7.10 Division 2 delete the note and insert:
Note for this Division:
The national regulations made by the Ministerial Council
included provisions as Division 2 which were not relevant to
Western Australia. Those provisions (except the heading toDivision 2) were repealed by the Education and Care
Services National Amendment Regulations 2023.
| 1700 | GOVERNMENT GAZETTE, WA | 16 June 2023 |
23. Note for Chapter 7 Part 7.10 Division 4 replaced
At the beginning of Chapter 7 Part 7.10 Division 4 delete the note and insert:
Note for this Division:
The national regulations made by the Ministerial Council
included provisions as Division 4 which were not relevant to
Western Australia. Those provisions (except the heading toDivision 4) were repealed by the Education and Care
Services National Amendment Regulations 2023.
24. Note for Chapter 7 Part 7.10 Division 5 replaced
At the beginning of Chapter 7 Part 7.10 Division 5 delete the note and insert:
Note for this Division:
The national regulations made by the Ministerial Council
included provisions as Division 5 which were not relevant to
Western Australia. Those provisions (except the heading toDivision 5) were repealed by the Education and Care
Services National Amendment Regulations 2023.
25. Regulations 393 and 394 deleted
Delete regulations 393 and 394.
26. Note for Chapter 7 Part 7.12 Division 1 replaced
At the beginning of Chapter 7 Part 7.12 Division 1 delete the note and insert:
Note for this Division:
The national regulations made by the Ministerial Council included provisions as Division 1 which were not relevant to
Western Australia. Those provisions (except the heading to Division 1) were repealed by the Education and Care Services National Amendment Regulations 2023.
27. Note for Chapter 7 Part 7.12 Division 2 replaced
At the beginning of Chapter 7 Part 7.12 Division 2 delete the note and insert:
Note for this Division:
The national regulations made by the Ministerial Council
included provisions as Division 2 which were not relevant to
Western Australia. Those provisions (except the heading toDivision 2) were repealed by the Education and Care
Services National Amendment Regulations 2023.
16 June 2023 GOVERNMENT GAZETTE, WA 1701 28. Note for Chapter 7 Part 7.12 Division 3 replaced
At the beginning of Chapter 7 Part 7.12 Division 3 delete the note and insert:
Note for this Division:
The national regulations made by the Ministerial Council
included provisions as Division 3 which were not relevant to
Western Australia. Those provisions (except the heading to
Division 3) were repealed by the Education and Care
Services National Amendment Regulations 2023.
29. Regulations 410 and 411 deleted
Delete regulations 410 and 411.
30. Part 7.14 inserted
After Part 7.13 insert:Part 7.14 - Transitional and savings
provisions for Education and Care Services
National Amendment Regulations (No. 3) 2023
Division 1 General
Note for this Division:
The national regulations made by the Ministerial Council include provisions as Division 1 which are not relevant to Western Australia.
N. HAGLEY, Clerk of the Executive Council.
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