Education and Care Services National Law - Education and Care Services National Amendment Regulations 2014 (NSW)

Education and Care Services National 

Amendment Regulations 2014 

under the 

Education and Care Services National Law 

The Standing Council on School Education and Early Childhood has made the following regulations under sections 301 and 324 of the Education and Care Services National Law as applied by the law of the States and Territories.

STEVE METCALFE and Early Childhood

Secretary

8 May 2014

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Education and Care Services National Amendment

Regulations 2014

Contents

Page

1	Title	1
2	Authorising Provisions	1
3	Commencement	1
4	National Regulations	1
5	Definitions	1
6	Meaning of actively working towards a qualification	2
7	Meaning of serious incident	2
8	Application for provider approval by individual	2
9	Application by individual executor for provider approval	2
10	Application by individual for provider approval on incapacity
of approved provider	2
11	Annual fees	3
12	Application for supervisor certificate	3
13	Issue of supervisor certificate—supervisor in prescribed class	3
14	Quality improvement plans	3
15	Fencing	3
16	Glass	4
17	Educator to child ratios—centre-based services	4
18	Centre-based services—general educator qualifications	5
19	First aid qualifications	5
20	Approval of qualifications	6
21	Additional information for application for determination of
equivalent qualification	6
22	Nominated supervisor	7
23	Staff members	7
24	Access for parents	7
25	Health information to be kept in enrolment record	7
26	Residents at family day care residence and family day care
educator assistants to be fit and proper persons	8
27	Prescribed enrolment and other documents to be kept by
approved provider	8
28	Register of certified supervisors	8

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Page

29	New Division 1A of Part 7.1 of Chapter 7 inserted	8
Division 1A—Prescribed classes of persons for grant of
supervisor certificate	8

238A	Prescribed classes of persons for grant of supervisor
certificate 8

30  New regulation 239A inserted 9 

239A	Centre-based services in remote and very remote
areas—attendance of early childhood teachers 9

31	Qualifications for educators—centre-based service	11
32	Persons taken to hold an approved early childhood teaching
qualification	11
33	Persons taken to be early childhood teachers	11
34	Persons taken to hold an approved diploma level education
and care qualification	12
35	Persons taken to hold an approved certificate III level
education and care qualification	12
36	Publication where service taken to comply with regulations	12
37	Regulations 264 and 265 substituted	13

264	General qualifications for educators—centre-based
services 13
265	Required qualifications to be a qualified educator—
unexpected absence of qualified educator 14

38	Early childhood teachers—children preschool age or under	15
39	Regulation 313 revoked	15
40	Educator to child ratios when educator or early childhood
teacher on rest pause	15
41	Access to or attendance of early childhood teacher on rest
pause	15
42	Educator to child ratios when educator or early childhood
teacher absent for 5 minutes or less	15
43	Access to or attendance of early childhood teacher absent
for 5 minutes or less	16
44	New Division 3A of Part 7.6 inserted	16
Division 3A—Minimum number of educators during
short absences	16

325A	Educator to child ratios during short absence of
educators 16

45	Safety screening clearance—staff members	17
46	Definitions	17

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Education and Care Services National Law Act 2010

Education and Care Services National Amendment

Regulations 2014

1 Title

These Regulations may be cited as the Education
and Care Services National Amendment

Regulations 2014.

2 Authorising Provisions

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

National Law.

3 Commencement

These Regulations commence on 1 June 2014.

4 National Regulations

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

5 Definitions

In regulation 4(1) of the National Regulations—

(a)	in the definition of working with vulnerable people check, for "jurisdiction." substitute "jurisdiction;";
(b)	insert the following definition— "working with vulnerable people

registration means a registration issued
to a person under the Registration to

Work With Vulnerable People Act 2013

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of Tasmania allowing the person to be
engaged in childcare services.".

6    Meaning of actively working towards a qualification

In regulation 10 of the National Regulations—

(a)

in paragraph (b)(iv)(B), for "National or";

(b) after paragraph (b)(iv)(B) insert—

"(C) has completed the percentage of total units of study required for completion of an approved early childhood

teaching qualification determined by
the National Authority.".

7    Meaning of serious incident

The note at the foot of regulation 12 of the
National Regulations is revoked.

8    Application for provider approval by individual

In regulation 14(fc) of the National Regulations,
after "safety screening clearance" insert
"or working with vulnerable people registration".

9    Application by individual executor for provider approval

In regulation 20(gc) of the National Regulations,
after "safety screening clearance" insert
"or working with vulnerable people registration".

10    Application by individual for provider approval on incapacity of approved provider

In regulation 22(gc) of the National Regulations,
after "safety screening clearance" insert

"or working with vulnerable people registration".

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11 Annual fees

The note at the foot of regulation 33 of the
National Regulations is revoked.

12    Application for supervisor certificate

In regulation 46(1)(i) of the National Regulations,
after "safety screening clearance" insert
"or working with vulnerable people registration".

13    Issue of supervisor certificate—supervisor in prescribed class

In regulation 50(b) of the National Regulations,
before "the name of the school" insert

"if applicable,".

14 Quality improvement plans

(1) In regulation 55(1) of the National Regulations,

after "ensure that" insert ", within 3 months of the
grant of the service approval,".

(2) In regulation 55(2) of the National Regulations, for "within 3 months of the grant of the service approval" substitute "on request".

15 Fencing

After regulation 104(2) of the National

Regulations insert—

"(3) This regulation does not apply in respect of a
family day care residence or a family day
care venue if all the children being educated
and cared for at that residence or venue as
part of a family day care service are over
preschool age.".

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16 Glass

For regulation 117(1)(b) of the National

Regulations substitute—

"(b) either—

(i) level, specified by AS 1288-2006 Glass
in buildings–Selection and installation,
approved on behalf of the Council of
Standards Australia, published on

is of or below the height above floor Amendments Nos 1 and 2; or

Note

The height above floor level specified in subparagraph (i) does not apply in Western Australia. The applicable height above floor level is 1 metre—see regulation 117(1)(b) of the Education and Care Services National Regulations 2012 of Western Australia.

(ii)  if the residence or family day care venue was approved before 1 June 2014, is 0⋅75 metres or less above floor

level.".

17    Educator to child ratios—centre-based services

At the foot of regulation 123 of the National

Regulations insert—

'Note

The Education and Care Services National Regulations
2012 of Western Australia include an extra subregulation

before subregulation (1) as follows—

"(1A) In this regulation—

emergency, in relation to a child, means a serious and
unexpected short term care emergency that requires
the child to be provided with immediate education and

care.

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Examples:

1      A child is determined to be in need of protection under a child protection order.

2      The parent of a child needs urgent health care that prevents them caring for the child.".'.

18 Centre-based services—general educator

qualifications

(1) After regulation 126(1) of the National

Regulations insert—

"(1A)	The qualification requirements in subregulation (1)(b) do not apply to an educator if the educator has been employed by an approved provider on a probationary basis for not more than 3 months, at one or more centre-based services operated by the approved provider.
(1B)	Subregulation (1A) does not apply in relation to New South Wales or South Australia.".

(2) In regulation 126(3) of the National Regulations, after "that teacher" insert ", or a person taken to be an early childhood teacher under regulation

135(1)(b),".

19 First aid qualifications

For regulation 136(2) of the National Regulations substitute—

"(2)	If children are being educated and cared for at service premises on the site of a school, it is sufficient for the purposes of subregulation
(1) if the following are in attendance at the school site and immediately available in an emergency—

(a) an educator referred to in subregulation (1)(a) or at least one staff member of the school who holds a current approved first aid qualification;

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(b) (1)(b) or at least one staff member of
the school who has undertaken current

an educator referred to in subregulation training;

(c) (1)(c) or at least one staff member of
the school who has undertaken current

an educator referred to in subregulation management training.".

20 Approval of qualifications

For regulation 137(4) of the National Regulations substitute—

"(4) The National Authority may publish on its
website the following for the purposes of the
definition of actively working towards a
qualification—

(a)	units of approved certificate III level education and care qualifications;
(b)	the percentage of total units required for completion of an approved early childhood teaching qualification.".

21    Additional information for application for determination of equivalent qualification

At the foot of regulation 141(2)(b) of the National

Regulations insert—

'Note

Western Australia has replaced paragraph (b) with the following—

"(b) Trades Recognition Australia, located in the

Department of Industry of the Commonwealth; or".

See regulation 141(2)(b) of the Education and Care Services
National Regulations 2012 of Western Australia.'.

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22 Nominated supervisor

For regulation 146(f) of the National Regulations substitute—

"(f) in relation to Tasmania, a record of the
identifying number of the nominated
supervisor's safety screening clearance or
working with vulnerable people registration
and the expiry date of that clearance or
registration.".

23 Staff members

For regulation 147(f) of the National Regulations substitute—

"(f) in relation to Tasmania, a record of the
identifying number of the staff member's
safety screening clearance or working with
vulnerable people registration and the expiry
date of that clearance or registration.".

24 Access for parents

For regulation 157(4)(b) of the National

Regulations substitute—

"(b) the provider, supervisor or family day care
educator reasonably believes that permitting
the parent's entry would contravene a court
order.".

25    Health information to be kept in enrolment record

In regulation 162 of the National Regulations—

(a) in paragraph (g), for "effect." substitute "effect; and";

(b) after paragraph (g) insert—

"(h) in relation to New South Wales, certificates for immunisation or exemption for the child, as required

under section 87(1), (2) and (3) of the

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Public Health Act 2010 of New South
Wales.".

26    Residents at family day care residence and family day care educator assistants to be fit and proper persons

In regulation 163(4C) of the National Regulations,
after "safety screening clearance" insert
"or working with vulnerable people registration".

27    Prescribed enrolment and other documents to be kept by approved provider

At the foot of regulation 177(1) of the National

Regulations insert—

'Note

Western Australia includes an extra paragraph after paragraph (d) as follows—

"(da) a record of a decision about a child, that affects
educator to child ratios at a centre-based service,
made under regulation 123(7);".

See regulation 177(1)(da) of the Education and Care
Services National Regulations 2012 of Western Australia.'.

28    Register of certified supervisors

In regulation 231(a)(iii) of the National insert "if applicable,".

29    New Division 1A of Part 7.1 of Chapter 7 inserted

After regulation 238 of the National Regulations insert—

"Division 1A—Prescribed classes of persons for

grant of supervisor certificate

238A Prescribed classes of persons for grant of
supervisor certificate

(1) This regulation applies until 31 December
2016.

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(2) The Regulatory Authority may grant a
supervisor certificate under section 114 of
the Law to a person in one of the following
classes of persons—

(a) a person employed or engaged by an approved provider to be responsible for the day to day management of an approved education and care service;

(b) a family day care co-ordinator;

(c) approved provider to exercise
supervisory and leadership

a person employed or engaged by an of an approved education and care service providing education and care to children.".

30    New regulation 239A inserted

After regulation 239 of the National Regulations insert—

"239A Centre-based services in remote and very
remote areas—attendance of early
childhood teachers

(1)	This regulation applies until 1 January 2018 to a centre-based service that is located in a remote area or a very remote area.
(2)	The centre-based service may meet the requirements of regulation 132, 133 or 134 for attendance of an early childhood teacher if the service has access to an early childhood teacher working with the service at least 20 per cent of the time that the service provides education and care.

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(3)	To comply with subregulation (2), the early childhood teacher may be working with the service by means of information
communication technology.
(4)	For the purposes of this regulation, the period that an early childhood teacher works with the centre-based service may be calculated on a quarterly basis.
(5)	In this regulation and regulation 240— ARIA+ score means the score calculated in

accordance with the ARIA+ Index,
produced by the University of
Adelaide;

remote area, in relation to the location of a

centre-based service, means a
geographic area that is Remote
Australia (average ARIA+ score greater
than 5.92 but less than or equal to
10.53) in the Australian Statistical
Geography Standard: Volume 5 -
Remoteness Structure. Canberra,
Australian Capital Territory: Australian
Bureau of Statistics. Cat No.
1270.0.55.005;

very remote area, in relation to the location

of a centre-based service, means a
geographic area that is Very Remote
Australia (ARIA+ score greater than
10.53) in the Australian Statistical
Geography Standard: Volume 5 -
Remoteness Structure. Canberra,
Australian Capital Territory: Australian
Bureau of Statistics. Cat No.
1270.0.55.005.".

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31    Qualifications for educators—centre-based service

For regulation 240(1) of the National Regulations substitute—

"(1) This regulation applies to a centre-based
service—

(a) if the service is located in a remote area or a very remote area, until 1 January 2018; or

(b) otherwise, until 31 December 2015.".

32    Persons taken to hold an approved early childhood teaching qualification

For regulation 241(1)(a) of the National

Regulations substitute—

"(a) was—

(i) and care services law, or for the
purposes of a preschool funding
program, of any participating

recognised under the former education teacher; and

(ii)  employed or engaged in a declared approved service as an early childhood teacher; or".

33    Persons taken to be early childhood teachers

In regulation 242(1) of the National Regulations, for "1 January 2016" substitute "1 January 2018".

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34    Persons taken to hold an approved diploma level education and care qualification

For regulation 243(a) of the National Regulations substitute—

"(a) was—

(i) and care services law of any

recognised under the former education level educator; and

(ii)  employed or engaged in a declared approved service; or".

35    Persons taken to hold an approved certificate III level education and care qualification

For regulation 244(a) of the National Regulations substitute—

"(a) was—

(i) and care services law of any

recognised under the former education certificate III level educator; and

(ii)  employed or engaged in a declared approved service; or".

36    Publication where service taken to comply with regulations

In regulation 256(3) of the National Regulations,
in the definition of prescribed regulation, for

"287," substitute "287, 325A,".

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37    Regulations 264 and 265 substituted

For regulations 264 and 265 of the National

Regulations substitute—

"264	General qualifications for educators— centre-based services
(1)	Regulation 126(1) applies as modified by this regulation until 31 December 2015.
(2)	If a qualified educator is not working directly with children or is absent from a centre- based service, the service may meet the requirements under regulation 126(1) by providing the relevant number of full-time equivalent qualified educator positions if—

(a)	the educator to child ratios are met at all times the service is educating and caring for children; and
(b)	the number of qualified educators specified in subregulation (3) or (4) (as the case requires) educates and cares for children at all times the service is educating and caring for children.

(3) For the purposes of subregulation (2)(b), the
number of qualified educators for a centre-
based service (other than a preschool) is—

(a) education and care to less than

for a centre-based service providing educator;

(b)	for a centre-based service providing education and care to 25 to 59 children, at least 2 qualified educators;
(c)	for a centre-based service providing education and care to 60 to 80 children, at least 3 qualified educators;

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(d)

for a centre-based service providing 80 children, at least 4 qualified educators.

(4) For the purposes of subregulation (2)(b), the
number of qualified educators for a
preschool is—

(a)

for a preschool providing education and one qualified educator;

On request by the Regulatory Authority, an approved provider of a centre-based service must demonstrate that the approved provider has taken into account the best interests of for a preschool providing education and 2 qualified educators.

(b)

(5)

children (including provision of adequate supervision) in relation to replacement of qualified educators.

(6) This regulation does not apply if the
qualified educator is absent from the centre-
based service—

(a)	in case of an unexpected absence, for more than 5 consecutive days; or
(b)

in case of pre-arranged leave for leave, for any period.

265 Required qualifications to be a qualified qualified educator

For the purposes of regulation 264(3) and (4), an educator is qualified if he or she—

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(a)	holds or is actively working towards an approved diploma level education and care qualification; or
(b)	holds an approved early childhood teaching qualification; or
(c)	is taken to be an early childhood teacher under regulation 135 or 242; or
(d)	holds a primary teaching qualification.".

38    Early childhood teachers—children preschool age or under

In regulation 272(1) of the National Regulations,
for "regulations 131 to 135" substitute

"regulations 131 to 134".

39 Regulation 313 revoked

Regulation 313 of the National Regulations is revoked.

40    Educator to child ratios when educator or early childhood teacher on rest pause

In regulation 314 of the National Regulations, for "declared approved service" (wherever occurring) substitute "centre-based service".

41    Access to or attendance of early childhood teacher on rest pause

In regulation 315 of the National Regulations, for "declared approved service" (wherever occurring) substitute "centre-based service".

42    Educator to child ratios when educator or early childhood teacher absent for 5 minutes or less

In regulation 316 of the National Regulations, for "declared approved service" (wherever occurring) substitute "centre-based service".

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43    Access to or attendance of early childhood teacher absent for 5 minutes or less

In regulation 317 of the National Regulations, for
"declared approved service" substitute "centre-
based service".

44    New Division 3A of Part 7.6 inserted

After Division 3 of Part 7.6 of the National

Regulations insert—

"Division 3A—Minimum number of educators

during short absences

325A Educator to child ratios during short
absence of educators

(1) A centre-based service is taken to meet the
relevant educator to child ratio while an
educator is not working directly with
children if—

(a)	the educator's total periods away from working directly with children do not exceed 30 minutes in a day; and
(b)	directly with children, the educator is

during each period away from working immediately if required.

(2)	For the purpose of a rating assessment under Part 5 of the Law, the centre-based service is taken to comply with regulation 123.
Note
See Division 7 of Part 7.1.".

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45    Safety screening clearance—staff members

(1) In regulation 344(1) of the National Regulations, for the words and expressions commencing "the Department" and ending at "holds" substitute "the staff member holds a working with vulnerable people registration or".

(2) In regulation 344(2) of the National Regulations, after "he or she holds" insert "a working with vulnerable people registration or".

46 Definitions

In regulation 368 of the National Regulations—

(a)

for the definition of provided by a school "provided by a school includes provided by a

recognised school system or the Chief
Executive Officer of the department
referred to in section 228 of the School
Education Act 1999 of Western
Australia or the Minister administering

that Act;";

(b) the note at the foot of the definition of provided by a school is revoked.

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