Education and Care Services National Law - Education and Care Services National Amendment Regulations 2017 (NSW)
Education and Care Services National
Amendment Regulations 2017
under the
Education and Care Services National Law
The Education Council 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.
RICK HARRISON
Secretary
Education Council
15 September 2017
Education and Care Services National Amendment
Regulations 2017
Contents
Page
1 Title 1 2 Authorising provisions 1 3 Commencement 1 4 National Regulations 1 5 Definitions 1 6 Services that are not education and care services 2 7 Regulation 12 substituted 2 8 Application for provider approval by individual 4 9 Application by individual executor for provider approval 4 10 Application by individual for provider approval on incapacity of approved provider 5 11 Application for service approval—centre-based service 5 12 Additional information about proposed education and care service premises 5 13 New regulation 25A inserted 6 14 Application for service approval—family day care service 7 15 New regulation 32A inserted 9 16 Prescribed information for application to amend service approval 9 17 Notice of change to nominated supervisor 10 18 Service waiver—prescribed elements 11 19 Prescribed period—revocation of service waiver 11 20 Temporary waiver—prescribed elements 11 21 Part 2.3 revoked 11 22 New Part 4.1AA inserted 13 23 Health, hygiene and safe food practices 13 24 Food and beverages 14 25 Service providing food and beverages 14 26 Weekly menu 14 27 Sleep and rest 14 28 Staff members and family day care educators not to be affected by alcohol or drugs 14 29 Awareness of child protection law 14 30 Medical conditions policy 15 31 Administration of medication 15
i
32 Exception to authorisation requirement—anaphylaxis or
asthma emergency 15 33
Telephone or other communication equipment 15 34
Children leaving the education and care service premises 15 35
Risk assessment must be conducted before excursion 15 36
Authorisation for excursions 16 37 Assessments of family day care residences and approved
family day care venues 16 38
New Part 4.3A inserted 17 39
Heading to Division 3 of Part 4.4 amended 20 40
Educator to child ratios—centre-based services 20 41
New regulation 123A inserted 20 42
Application of Division 4 21 43
Early childhood teacher illness or absence 21 44
First aid qualifications 21 45
New Division 7A of Part 4.4 inserted 22 46
Regulation 144 substituted 24 47
Nominated supervisor 26 48
Staff members 27 49
Heading to Division 10 of Part 4.4 amended 27 50
Register of family day care educators 27 51 Record of staff, family day care co-ordinators and family day
care educator assistants 32 52
Access for parents 32 53
Children's attendance record to be kept by approved provider 32 54
Authorisations to be kept in enrolment record 32 55
Health information to be kept in enrolment record 33 56 Residents at family day care residence and family day care
educator assistants to be fit and proper persons 33 57
Requirement for notice of new persons at residence 33 58
Education and care service must have policies and procedures 34 59
Policies and procedures to be followed 34 60
Policies and procedures to be kept available 34 61
Prescribed information to be displayed 35 62
Time to notify certain circumstances to Regulatory Authority 36 63
New regulation 174A inserted 36 64
Prescribed information to be notified to Regulatory Authority 37 65
New regulation 176A inserted 37 66 Prescribed enrolment and other documents to be kept by
approved provider 38 67
Confidentiality of records kept by family day care educator 39 68
Storage of records and other documents 39 69
Law and regulations to be available 39 70
Application for internal review of reviewable decision 39 71 Modifications relating to National Authority and Regulatory
Authorities 39 72
Miscellaneous modifications 40
ii
73 Modifications relating to Education and Care Services
Ombudsman and staff 40 74
Compliance and enforcement information 40 75
Regulation 231 revoked 41 76
Divisions 1 and 1A of Part 7.1 revoked 41 77
Regulations 245, 246 and 247 revoked 41 78 Declared approved services (other than declared approved
family day care services) 42 79
Declared approved learning frameworks 42 80
Regulation 260 substituted 42 81
Regulation 263 revoked 42 82
Regulation 266 revoked 43 83
Early childhood teacher—60 or more children 43 84
Subdivisions 2 and 3 of Division 3 of Part 7.2 revoked 43 85
New regulation 274A inserted 43 86
Regulations 273, 275, 276, 277 and 279 revoked 43 87
Subdivision 2 of Division 4 of Part 7.3 revoked 43 88
Division 5 of Part 7.3 revoked 43 89
Declared out of scope services—indoor space requirements 44 90
Heading to Division 2 of Part 7.4 substituted 44 91
Regulation 289 revoked 44 92
New regulation 289A inserted 44 93
Regulations 291, 292 and 293 revoked 45 94
Early childhood teacher—60 or more children 45 95
Subdivision 2 of Division 3 of Part 7.4 revoked 45 96
Heading to Division 2 of Part 7.5 substituted 45 97
Regulation 298 revoked 45 98
New regulation 298A inserted 45 99
New Division 2A of Part 7.5 inserted 46 100
Regulations 302 and 303 revoked 53 101
Early childhood teacher—60 or more children 54 102
Subdivision 2 of Division 3 of Part 7.5 revoked 54 103
Division 4 of Part 7.5 revoked 54 104
Heading to Division 2 of Part 7.6 substituted 54 105
Regulation 320 revoked 54 106
Early childhood teachers—preschools 54 107
Regulations 326, 327, 328, 329, 330 and 331 revoked 54 108 Early childhood teacher—60 or more but fewer than 81
children 54 109
Early childhood teacher in attendance—more than 80 children 55 110
Regulation 336 revoked 55 111
Centre-based services indoor space requirements 55 112
Preschool indoor and outdoor space requirements 56 113
Over preschool age—indoor space requirements 57 114
Regulation 341 revoked 58 115
New regulation 342A inserted 58 116
Safety screening clearance—staff members 58
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117 Regulations 347 and 348 revoked 59 118 Early childhood teacher in attendance—60 or more children 59 119 Subdivision 2 of Division 4 of Part 7.7 revoked 59 120 Regulation 355 revoked 59 121 Working with children check to be read 59 122 Criminal history record check to be read and considered 60 123 Regulations 360, 361, 362 and 365 revoked 60 124 Early childhood teacher in attendance—60 or more children 61 125 Definitions 61 126 Educator to child ratios—children over preschool age 61 127 Regulation 371 revoked 62 128 Regulations 374, 375, 376, 377 and 378 revoked 62 129 Educators required to be early childhood teachers 62 130 Regulations 380, 381 and 382 revoked 62 131 Saving provision—education and care services provided by a school 62 132 New Part 7.10 inserted 64 133 Schedule 2 substituted 66
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Education and Care Services National Law
Education and Care Services National Amendment
Regulations 2017
1 Title
These Regulations may be cited as the Education
and Care Services National Amendment
Regulations 2017.
2 Authorising provisions
These Regulations are made under sections 301
and 324 of the Education and Care ServicesNational Law.
3 Commencement
These Regulations commence on 1 October 2017.
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) for the definition of emergency substitute— "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 or wellbeing of a person at the education and care service;
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Education and Care Services National Amendment Regulations 2017
Examples
1 Flood.
2 Fire.
3 A situation that requires the education and care service premises to be locked down.";
(b) the definition of safety screening clearance is revoked.
6 Services that are not education and care services
For regulation 5(2)(i) of the National Regulations
substitute—
"(i) a service that provides education and care
during school holidays for a total of not more
than 28 days in a calendar year;".
7 Regulation 12 substituted
For regulation 12 of the National Regulations
substitute—
"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) while that child was being
following an incident occurring education and care service;
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Education and Care Services National Amendment Regulations 2017
(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 a hospital;
Example
A broken limb.
(c) any incident involving serious illness of 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
Severe asthma attack, seizure or anaphylaxis reaction.
(d) any emergency for which emergency services attended; (e) any circumstance where a child being educated and cared for by an education and care service—
(i) appears to be missing or cannot be accounted for; or
(ii) removed from the education and
care service premises in a mannerappears to have been taken or Regulations; or
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Education and Care Services National Amendment Regulations 2017
(iii) is mistakenly locked in or locked out of the education and care service premises or any part of the premises.".
Note
The Guide to Chapter 2 is amended as follows:
Guide to Chapter 2. This Chapter sets out
requirements for obtaining provider approvals and
service approvals.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.
8 Application for provider approval by individual
In regulation 14(fc) of the National Regulations omit "safety screening clearance or".
9 Application by individual executor for provider approval
In regulation 20(gc) of the National Regulations omit "safety screening clearance or".
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Education and Care Services National Amendment Regulations 2017
10 Application by individual for provider approval on incapacity of approved provider
In regulation 22(gc) of the National Regulations omit "safety screening clearance or".
11 Application for service approval—centre-based
service
In regulation 24 of the National Regulations—
(a)
for "An application" substitute "Subject to regulation 25A, an application";
(b) for paragraph (k) substitute—
"(k) the full name and contact details,
including the after-hours telephone
number, of each nominated supervisor.
Note
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.".
12 Additional information about proposed education and care service premises
(1) In regulation 25(1) of the National Regulations, after "subregulation (2)" insert "and regulation 25A".
(2) For regulation 25(2) of the National Regulations
substitute—
"(2) If the approved provider is seeking to locate
the education and care service on a school
site, the Regulatory Authority may determine
that the requirements of subregulation (1)(b),
(d), (e) or (g) do not apply to the application
for the service approval.".
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13 New regulation 25A inserted
After regulation 25 of the National Regulations
insert—
"25A Application for service approval for a centre-based service—relocation of existing centre-based service
(1) This regulation applies if— (a)
an application for a service approval relates to a centre-based service that is an approved education and care service; and
(b)
the purpose of the application is to change the location of that service.
Note A service approval cannot be amended to change the
location of a centre-based service—see section 54(8)
of the Law.
(2) If the centre-based service is to be relocated
for less than 12 months, the Regulatory
Authority may determine that the
requirements of regulation 25(1)(b) or (g) do
not apply to the application for the service
approval.(3) If the centre-based service is to be relocated
due to exceptional circumstances (whether
for more or less than 12 months), the
Regulatory Authority may determine that
any of the following information is not
required to be provided in the application forthe service approval—
(a)
the information set out in regulation 24(g);
(b)
the contact details of the nominated supervisor set out in regulation 24(k);
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(c)
any of the information set out in regulation 25(1)(b), (c), (d), (e), (f) or (g).
(4) If the Regulatory Authority makes a
determination under subregulation (3), the
approved provider must provide the relevant
information to the Regulatory Authority as
soon as possible.(5)
A failure by the approved provider to provide the relevant information to the Regulatory Authority under subregulation (4) does not prevent the
Regulatory Authority granting the service
approval.Note The Education and Care Services National Regulations
2012 of Western Australia do not include regulation 25A.".
14 Application for service approval—family day care
service
(1) In regulation 26 of the National Regulations—
(a) 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
A lease of the premises.";
(b) 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;";
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Education and Care Services National Amendment Regulations 2017
(c) in paragraph (h) omit "jurisdictions and";
(d) for paragraph (m) substitute—
"(m) the full name and contact details,
including the after-hours telephone
number, of each nominated supervisor;
Note
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
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 of the National Regulations insert—
"(2) An assessment referred to in subregulation (1)(n)(iii) must consider the matters set out in regulation 116(2).".
15 New regulation 32A inserted
After regulation 32 of the National Regulations
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 See section 51(5) of the Law.". 16 Prescribed information for application to amend service approval
(1) In regulation 34 of the National Regulations—
(a)
in paragraph (e), for "amendment." substitute "amendment;";
(b) 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—
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Education and Care Services National Amendment Regulations 2017
(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
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 of the National Regulations insert—
"(2) An assessment referred to in subregulation
(1)(f)(iii) must consider the matters set out in
regulation 116(2).".
17 Notice of change to nominated supervisor
In regulation 35 of the National Regulations—
(a)
for "change the person nominated as the nominated supervisor of an education and care service" substitute "add a new nominated supervisor of an education and care service";
(b) paragraphs (e) and (f) are revoked;
(c) for paragraph (g) substitute—
"(g) the date on which the new nominated supervisor commences or commenced work as a nominated supervisor.".
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Notes
1 The heading to regulation 35 is to read:
Notice of addition of new nominated supervisor
2 The note at the foot of regulation 35 is to read:
Note 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 Service waiver—prescribed elements
In regulation 41(b)(iii) of the National
Regulations, for "regulations 117" substitute
"regulations 72A, 117".
19 Prescribed period—revocation of service waiver
In regulation 43(1)(a) of the National Regulations, for "60 days" substitute "14 days".
20 Temporary waiver—prescribed elements
In regulation 44(b)(iii) of the National
Regulations, for "regulations 117" substitute"regulations 72A, 117".
21 Part 2.3 revoked
Part 2.3 of the National Regulations is revoked.
Note
The Guide to Chapter 4 is amended as follows:
Guide to Chapter 4. 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 the National Standard.
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Education and Care Services National Amendment Regulations 2017
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.
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.
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Education and Care Services National Amendment Regulations 2017
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 the National 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 National Standard.
Division 1 sets out matters relating to the management of services.
Division 2 sets out matters relating to policies and procedures for services.
Division 3 sets out information and record-keeping requirements.
22 New Part 4.1AA inserted
In Chapter 4 of the National Regulations, after
regulation 72 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: $2000.".
23 Health, hygiene and safe food practices
(1) In regulation 77(1) of the National Regulations, for "the nominated supervisor" substitute "nominated supervisors".
(2) In regulation 77(2) of the National Regulations,
for "The nominated" substitute "A nominated".
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Education and Care Services National Amendment Regulations 2017
24 Food and beverages
In regulation 78(2) of the National Regulations, for "The nominated" substitute "A nominated".
25 Service providing food and beverages
In regulation 79(2) of the National Regulations, for "The nominated" substitute "A nominated".
26 Weekly menu
In regulation 80(2) of the National Regulations, for "The nominated" substitute "A nominated".
27 Sleep and rest
In regulation 81(2) of the National Regulations, for "The nominated" substitute "A nominated".
28 Staff members and family day care educators not to be affected by alcohol or drugs
(1) In regulation 83(1) of the National Regulations—
(a) for "the nominated" substitute
"a nominated";(b) for "his or her" substitute "the person's".
(2) In regulation 83(2) of the National Regulations—
(a) for "The nominated" substitute
"A nominated";(b) for "his or her" substitute "the supervisor's".
(3) In regulation 83(3)(b) of the National Regulations, for "his or her" substitute "the educator's".
29 Awareness of child protection law
In regulation 84 of the National Regulations, for
"the nominated supervisor" substitute "nominatedsupervisors".
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30 Medical conditions policy
In regulation 90(1)(b) of the National Regulations,
for "the nominated supervisor" substitute"nominated supervisors".
31 Administration of medication
In regulation 93(3) of the National Regulations, for "The nominated" substitute "A nominated".
32 Exception to authorisation requirement—
anaphylaxis or asthma emergency
In regulation 94(2) of the National Regulations,
for "nominated supervisor" substitute
"a nominated supervisor".
33 Telephone or other communication equipment
In regulation 98 of the National Regulations, for
"the nominated supervisor" substitute "nominated
supervisors".
34 Children leaving the education and care service premises
In regulation 99(2) of the National Regulations, for "The nominated" substitute "A nominated".
35 Risk assessment must be conducted before excursion
(1) In regulation 100(2) of the National Regulations,
for "The nominated" substitute "A nominated".(2) In regulation 100(4) of the National Regulations—
(a)
in paragraph (b), for "excursion." substitute "excursion; and";
(b) after paragraph (b) insert—
"(c) that risk assessment has been conducted
not more than 12 months before the
excursion is to occur.".
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36 Authorisation for excursions
In regulation 102(2) of the National Regulations, for "The nominated" substitute "A nominated".
37 Assessments of family day care residences and approved family day care venues
For regulation 116(1) of the National Regulations
substitute—
"(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 residence or venue as part of the service
to ensure that the health, safety and
wellbeing of children who are educated and
cared for by the service are protected.Penalty: $2000. (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: $2000.".
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38 New Part 4.3A inserted
After Part 4.3 of the National Regulations
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 is in day-to-day charge of aneducation 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 chargeunless—
(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
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(ii) ensure that the person has
adequate knowledge and
understanding of the provision of
education and care to children and
an ability to effectively supervisehas taken reasonable steps to 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 jurisdiction; and
(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 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.
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 serviceare 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.
(2) In determining whether to nominate a person
as a nominated supervisor, an approved
provider of an education and care servicemust 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 jurisdiction; and
(iii) a children's services law of a participating jurisdiction; and
(iv) an education law of a participating jurisdiction;
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Education and Care Services National Amendment Regulations 2017
(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 jurisdiction; and
(iii) a children's services law of a participating jurisdiction; and
(iv) an education law of a participating jurisdiction.".
39 Heading to Division 3 of Part 4.4 amended
In the heading to Division 3 of Part 4.4 of the
National Regulations, after "educators" insert
"and family day care co-ordinators".
40 Educator to child ratios—centre-based services
For regulation 123(1)(d) of the National
Regulations substitute—
"(d) for children over preschool age, 1 educator to
15 children.".
41 New regulation 123A inserted
After regulation 123 of the National Regulations
insert—
"123A Family day care co-ordinator to educator ratios—family day care service For 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
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Education and Care Services National Amendment Regulations 2017
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.".
42 Application of Division 4
In regulation 125(b) of the National Regulations,
for "section 163" substitute "sections 55A
and 163".
43 Early childhood teacher illness or absence
For regulation 135(2) of the National Regulations
substitute—
"(2) The combined total of all periods of absence
for which persons are taken to be an early
childhood teacher of an education and care
service under subregulation (1) in any
12 month period must not exceed 60 days.".
44 First aid qualifications
(1) In regulation 136(1) of the National
Regulations—
(a) after "ensure that" insert "each of";
(b) for "one educator" (wherever occurring) nominated supervisor of the service".
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(2) In regulation 136(2) of the National
Regulations—
(a) in paragraph (a), for "an educator referred to in subregulation (1)(a) or" substitute "for the purposes of subregulation (1)(a),"; (b) in paragraph (b), for "an educator referred to in subregulation (1)(b) or" substitute "for the purposes of subregulation (1)(b),"; (c) in paragraph (c), for "an educator referred to in subregulation (1)(c) or" substitute "for the purposes of subregulation (1)(c),". 45 New Division 7A of Part 4.4 inserted
After Division 7 of Part 4.4 of the National
Regulations 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 theapproved 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: $2000.
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(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 jurisdiction; and
(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 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
educatorsAn approved provider of a family day care service must take reasonable steps to ensure
that—
23
Education and Care Services National Amendment Regulations 2017
(a) by or registered with the service
maintains an adequate knowledge andeach family day care educator engaged 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 this Law has been contravened or that a serious incident has occurred or is occurring
while a child was or is being educated
and cared for by a family day care
educator is adequately addressed.
Penalty: $2000.".
46 Regulation 144 substituted
For regulation 144 of the National Regulations
substitute—
"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).
24
Education and Care Services National Amendment Regulations 2017
(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 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) educator, in emergency situations,
in the absence of the family day care 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—
25
Education and Care Services National Amendment Regulations 2017
(i) the absence is for less than 4 hours; and
(ii) the approved provider of the 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.".
47 Nominated supervisor
In regulation 146 of the National Regulations—
(a)
for "in relation to the" substitute "in relation to each";
(b)
for "the supervisor" (wherever occurring) substitute "the nominated supervisor";
(c) for paragraph (e) substitute—
"(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;";
(d) for paragraph (f) substitute—
"(f) in relation to Tasmania, a record of the identifying number of the nominated supervisor's working with vulnerable people registration and the expiry date
of that registration.".
26
Education and Care Services National Amendment Regulations 2017
48 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
working with vulnerable people registration
and the expiry date of that registration.".
49 Heading to Division 10 of Part 4.4 amended
In the heading to Division 10 of Part 4.4 of the National Regulations, after "educators" insert ", co-ordinators and assistants".
50 Register of family day care educators
(1) In regulation 153 of the National Regulations—
(a) for "For the purposes of section 269 of the Law, the register of family day care educators" substitute "For the purposes of section 269(1)(a) of the Law, the register";
(b) for paragraph (e) substitute—
"(e) the date that the educator ceased to be
engaged by or registered with the
service (if applicable);";
(c) paragraph (h) is revoked;
(d) in paragraph (o)(ii)—
(i) for "or nominated" substitute
"or a nominated";(ii) for "the service." substitute
"the service;";
(e) after paragraph (o) insert—
"(p) evidence that the educator is adequately
monitored and supported by a family
day care co-ordinator while the
educator is providing education and
27
Education and Care Services National Amendment Regulations 2017
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) telephone calls between the
co-ordinator and the educatorthe dates and times of any 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 of the National Regulations 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;
(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);
28
Education and Care Services National Amendment Regulations 2017
(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 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) if the co-ordinator will be providing education and care to children in a jurisdiction with a working with children law or a working with
vulnerable people law, a record of—
(i) check, card, record or registration
that is conducted or issued underthe identifying number of the that check, card or registration (if applicable); and
(ii) record or registration was sighted
by the approved provider orthe date that the check, card, service.
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Education and Care Services National Amendment Regulations 2017
(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) the address of the residence or the educator assistant will be providing education and care to children 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); (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
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Education and Care Services National Amendment Regulations 2017
(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) if the educator assistant will be providing education and care to children in a jurisdiction with a working with children law or a working with vulnerable people law, a record
of—
(i) check, card, record or registration
that is conducted or issued underthe identifying number of the that check, card or registration (if applicable); and
(ii) record or registration was sighted
by the approved provider or athe date that the check, card, 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 regulation 153 is to read:
Register of family day care educators, co-ordinators and assistants
31
Education and Care Services National Amendment Regulations 2017
51 Record of staff, family day care co-ordinators and family day care educator assistants
In regulation 154 of the National Regulations—
(a) engaged by the service and of family day
for ", of family day care co-ordinators service" substitute "engaged or employed by the service";
(b)
in paragraph (b), for "the nominated" substitute "a nominated";
(c) paragraph (e) is revoked.
Note
The heading to regulation 154 is to read:
Record of staff engaged or employed by family day care service
52 Access for parents
In regulation 157(2) of the National Regulations, for "The nominated" substitute "A nominated".
53 Children's attendance record to be kept by approved provider
In regulation 158(1)(c)(ii) of the National
Regulations, for "the nominated" substitute
"a nominated".
54 Authorisations to be kept in enrolment record
In regulation 161(1)(a) of the National
Regulations, for "provider, nominated" substitute"provider, a nominated".
32
Education and Care Services National Amendment Regulations 2017
55 Health information to be kept in enrolment record
For regulation 162(i) of the National Regulations
substitute—
"(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) within the meaning of section 147 of
an immunisation status certificate 2008 of Victoria that is issued in relation to the child and that is provided under section 143B of 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.".
56 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 omit "safety screening clearance or".
57 Requirement for notice of new persons at residence
At the end of regulation 164 of the National
Regulations 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
33
Education and Care Services National Amendment Regulations 2017
(b)
any circumstance relating to a person who has previously been considered under regulation 163 in relation to the
family day care residence that may
affect whether the person is a fit and
proper person to be in the company of
children.
Penalty: $2000.". Note
The note at the foot of regulation 164 is to be amended to read:
A compliance direction may be issued for failure to comply with subregulation (1).
58 Education and care service must have policies and procedures
In regulation 168(2)(a) of the National
Regulations—
(a)
in subparagraph (iv), for "aid;" substitute "aid; and";
(b) after subparagraph (iv) insert—
"(v) sleep and rest for children;".
59 Policies and procedures to be followed
In regulation 170 of the National Regulations, for "the nominated supervisor" (where twice occurring) substitute "nominated supervisors".
60 Policies and procedures to be kept available
In regulation 171(1) of the National Regulations,
for "the nominated supervisor," substitute
"nominated supervisors and".
34
Education and Care Services National Amendment Regulations 2017
61 Prescribed information to be displayed
(1) For regulation 173(1)(c) of the National
Regulations substitute—
"(c) the name of each nominated supervisor;".
(2) In regulation 173(2) of the National
Regulations—
(a)
in paragraph (c), for "except in the case of a family day care residence or approved family day care venue" substitute "in the case of a centre-based service";
(b) for paragraphs (f) and (g) substitute—
"(f) if applicable—
(i) in the case of a centre-based service, a notice stating that a child who has been diagnosed as at risk of anaphylaxis is enrolled at the service; or
(ii) in the case of a family day care residence or approved family day care venue, a notice stating that a child who has been diagnosed as
at risk of anaphylaxis—
(A) is enrolled at the family day
care service; and
(B) attends the family day care
residence or family day care
venue;
(g) if applicable—
(i) service, a notice stating that there
has been an occurrence of anin the case of a centre-based or
35
Education and Care Services National Amendment Regulations 2017
(ii) in the case of a family day care residence or approved family day care venue, a notice stating that there has been an occurrence of an infectious disease at the family day care residence or family day care venue.".
62 Time to notify certain circumstances to Regulatory Authority
(1) In regulation 174(1) of the National Regulations,
for "section 173(3)" substitute "section 173(4)".(2) In regulation 174(2) of the National Regulations—
(a) for "section 173(4)" substitute
"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".
63 New regulation 174A inserted
After regulation 174 of the National Regulations
insert—
"174A Prescribed information to accompany
noticeA 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 A lease of the premises.".
36
Education and Care Services National Amendment Regulations 2017
64 Prescribed information to be notified to Regulatory Authority
For regulation 175(2)(d) and (e) of the National
Regulations substitute—
"(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).".
65 New regulation 176A inserted
After regulation 176 of the National Regulations
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;
37
Education and Care Services National Amendment Regulations 2017
(b) any renovations or other changes to an approved family day care venue that create a serious risk to the health, safety and wellbeing of children attending or likely to attend the approved family day care venue.". 66 Prescribed enrolment and other documents to be kept by approved provider
In regulation 177(1) of the National
Regulations—
(a) in paragraph (j), for ", family day care co-ordinators engaged by the service and family day care educator assistants approved by the service," substitute "engaged or employed by the service"; (b) placed in day to day" substitute
in paragraph (n), for "certified supervisors person in day-to-day".
Note The note at the foot of regulation 177(1) is to read:
See section 269(1) of the Law which requires the approved provider to keep a register of each family day care educator, each family day care co-ordinator and each family day care educator assistant engaged, employed or registered to
provide education and care to a child.
The Education and Care Services National Regulations
2012 of Western Australia include 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.
38
Education and Care Services National Amendment Regulations 2017
67 Confidentiality of records kept by family day care educator
In regulation 182(c) of the National Regulations, for "or nominated" substitute "or a nominated".
68 Storage of records and other documents
In regulation 183(2)(f) of the National
Regulations, for "to the nominated" substitute
"to a nominated".
69 Law and regulations to be available
In regulation 185 of the National Regulations, for "by the nominated supervisor" substitute "by nominated supervisors".
70 Application for internal review of reviewable decision
In regulation 186 of the National Regulations—
(a) in paragraph (c), for ", service approval number or supervisor certificate number" substitute "or service approval number"; (b) in paragraph (d), for ", service approval or supervisor certificate" substitute "or service approval".
71 Modifications relating to National Authority and Regulatory Authorities
In regulation 208 of the National Regulations—
(a)
in paragraph (d), for "Council; and" substitute "Council.";
(b) paragraphs (e) and (f) are revoked.
39
Education and Care Services National Amendment Regulations 2017
72 Miscellaneous modifications
(1) In regulation 216(n)(v) of the National
Regulations, for "Corruption and Crime
Commission Act 2003" substitute
"Corruption, Crime and MisconductAct 2003".
(2) After regulation 216(n)(v) of the National
Regulations insert—
"(va) the Public Sector Commissioner, where
information is divulged or any document or
other thing is produced to the Public Sector
Commissioner for the purposes of the Public
Sector Commissioner's functions under theCorruption, Crime and Misconduct Act 2003 of Western Australia;". 73 Modifications relating to Education and Care Services Ombudsman and staff
In regulation 219(a) of the National Regulations,
omit "and the appointment of an acting
Ombudsman".
74 Compliance and enforcement information
(1) In regulation 227(2) of the National
Regulations—
(a)
in paragraphs (d) and (e), for ", service approval or supervisor certificate" substitute "or service approval";
(b)
in paragraph (e), for "enforcement." substitute "enforcement;";
(c) after paragraph (e) insert—
"(f) the giving of an emergency action notice under section 179 of the Law.".
40
Education and Care Services National Amendment Regulations 2017
(2) In regulation 227(3) of the National
Regulations—
(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;";
(b) after paragraph (b)(iii)(A) insert—
"(AB) the service approval number; and";
(c) for paragraph (b)(iv) substitute—
"(iv) for an individual, the name of the
individual;";
(d) in paragraphs (d)(iv), (v), and (vi), for substitute "or service approval".
75 Regulation 231 revoked
Regulation 231 of the National Regulations is revoked.
76 Divisions 1 and 1A of Part 7.1 revoked
Divisions 1 and 1A of Part 7.1 of the National
Regulations are revoked.
77 Regulations 245, 246 and 247 revoked
Regulations 245, 246 and 247 of the National
Regulations are revoked.
41
Education and Care Services National Amendment Regulations 2017
78 Declared approved services (other than declared approved family day care services)
In regulation 249(2) of the National
Regulations—
(a)
in paragraph (a)(ii), for "Law; and" substitute "Law.";
(b) paragraph (b) is revoked.
79 Declared approved learning frameworks
(1) For regulation 254(2) of the National Regulations
substitute—
"(2) For the purpose of section 323 of the Law,
the Curriculum Framework for Kindergarten
to Year 12 Education in Western Australia,
as in force on the scheme commencement
day, is a declared approved learning
framework for the purpose of the Law as it
applies in that jurisdiction.".
(2) Regulation 254(3) of the National Regulations is
revoked.
80 Regulation 260 substituted
For regulation 260 of the National Regulations
substitute—
"260 Educator to child ratio—children over
preschool age—centre-based services
(1) This regulation applies in place of
regulation 123(1)(d).(2) The educator to child ratio for children
over preschool age at a centre-based service
is 1 educator to 11 children.".
81 Regulation 263 revoked
Regulation 263 of the National Regulations is revoked.
42
Education and Care Services National Amendment Regulations 2017
82 Regulation 266 revoked
Regulation 266 of the National Regulations is revoked.
83 Early childhood teacher—60 or more children
Regulation 267(2) of the National Regulations is revoked.
84 Subdivisions 2 and 3 of Division 3 of Part 7.2 revoked
Subdivisions 2 and 3 of Division 3 of Part 7.2 of the National Regulations are revoked.
85 New regulation 274A inserted
After regulation 274 of the National Regulations
insert—
"274A Programs for children over preschool age
(1) This regulation applies in place of
regulation 74(1)(b).(2) The approved provider of the education
and care service must ensure that, for the
purposes of the educational program for a
child over preschool age, evidence about
the development of the program is
documented.".
86 Regulations 273, 275, 276, 277 and 279 revoked
Regulations 273, 275, 276, 277 and 279 of the
National Regulations are revoked.
87 Subdivision 2 of Division 4 of Part 7.3 revoked
Subdivision 2 of Division 4 of Part 7.3 of the
National Regulations is revoked.
88 Division 5 of Part 7.3 revoked
Division 5 of Part 7.3 of the National Regulations is revoked.
43
Education and Care Services National Amendment Regulations 2017
89 Declared out of scope services—indoor space
requirements
After regulation 287(2) of the National
Regulations insert—
"(3) If the service approval for the declared out of scope service is transferred under section 58 of the Law, a notice under section 59 of the Law must include all of the information required to be provided under regulations 24
and 25.".
90 Heading to Division 2 of Part 7.4 substituted
For the heading to Division 2 of Part 7.4 of the
National Regulations substitute—
"Division 2—Children over preschool age—educator qualification and other
requirements".
91 Regulation 289 revoked
Regulation 289 of the National Regulations is revoked.
92 New regulation 289A inserted
Before regulation 290 of the National Regulations
insert—
"289A Programs for children over preschool age
(1) This regulation applies in place of
regulation 74(1)(b).(2) The approved provider of the education
and care service must ensure that, for the
purposes of the educational program for a
child over preschool age, evidence about
the development of the program is
documented.".
44
Education and Care Services National Amendment Regulations 2017
93 Regulations 291, 292 and 293 revoked
Regulations 291, 292 and 293 of the National
Regulations are revoked.
94 Early childhood teacher—60 or more children
Regulation 294(2) of the National Regulations is revoked.
95 Subdivision 2 of Division 3 of Part 7.4 revoked
Subdivision 2 of Division 3 of Part 7.4 of the
National Regulations is revoked.
96 Heading to Division 2 of Part 7.5 substituted
For the heading to Division 2 of Part 7.5 of the
National Regulations substitute—
"Division 2—Children over preschool age—educator qualification and other
requirements".
97 Regulation 298 revoked
Regulation 298 of the National Regulations is revoked.
98 New regulation 298A inserted
Before regulation 299 of the National Regulations
insert—
"298A Programs for children over preschool age
(1) This regulation applies in place of
regulation 74(1)(b).(2) The approved provider of the education
and care service must ensure that, for the
purposes of the educational program for a
child over preschool age, evidence about
the development of the program is
documented.".
45
Education and Care Services National Amendment Regulations 2017
99 New Division 2A of Part 7.5 inserted
After Division 2 of Part 7.5 of the National
Regulations insert—
"Division 2A—Rest period conditions
Subdivision 1—Definitions
299A Definitions
In this Division—
rest pause means a short break taken by a person from duties of the person’s
employment;
rest period condition means a condition on a service approval providing for one or more periods during a day, totalling not more than 2 hours during the day, to be rest periods for an approved education and care service.
Subdivision 2—Service approval with
rest period condition
299B Application of Subdivision 2 This Subdivision applies if a service approval includes a rest period condition.
299C Educator to child ratios during rest period
(1)
Despite anything to the contrary in these Regulations, the educator to child ratios during a rest period specified in a rest period
condition are—
(a) for children over 24 months but less than 36 months of age—
(i) for the first 12 children, 1 educator to 12 children;
46
Education and Care Services National Amendment Regulations 2017
(ii) for any additional children,
1 educator to 6 children;(b) for children over 30 months but less than 36 months of age—
(i) for the first 16 children, 1 educator to 16 children;
(ii) for any additional children,
1 educator to 8 children;(c) for children at least 3 years but under 7 years of age—
(i) for the first 24 children, 1 educator to 24 children;
(ii) for any additional children,
1 educator to 12 children;(d) for children at least 4 years but under 7 years of age—
(i) for the first 26 children, 1 educator to 26 children;
(ii) for any additional children,
1 educator to 13 children;(e) for children at least 4 years but under 13 years of age—
(i) for the first 24 children, 1 educator to 24 children;
(ii) for any additional children,
1 educator to 12 children.
(2) If an approved education and care service
educates and cares for fewer than 31 children,
during a rest period specified in a rest period
condition one staff member or volunteer
may be counted as an educator for every
3 educators included in the required educator
to child ratio.
47
Education and Care Services National Amendment Regulations 2017
299D Additional staff members or volunteers In addition to the educators required to
meet the educator to child ratios in
regulation 299C(1), the following additional
staff members or volunteers must be present
at the approved service premises during a
rest period specified in a rest period condition
and be able to attend to childrenimmediately (if required)—
(a) for an approved education and care service with no more than 30 approved places—one staff member or volunteer;
(b) for an approved education and care service with at least 31 but no more than 75 approved places—2 staff members
or volunteers;
(c) for an approved education and care service with 76 or more approved places—3 staff members or volunteers.
299E Qualifications for educators
(1) All educators required to meet the relevant
educator to child ratio during a rest period set
out in regulation 299C must have attained
the age of at least 17 years and hold or be
actively working towards an approved
certificate III level education and care
qualification.(2) If an approved education and care service
complies with subregulation (1), the service
is taken to meet the relevant qualification
requirements for educators during rest
periods.
48
Education and Care Services National Amendment Regulations 2017
Subdivision 3—Rest pauses and
short absences
299F Educator to child ratios when educator or
early childhood teacher on rest pause
(1) A centre-based service is taken to meet the
relevant educator to child ratio while an
educator or early childhood teacher is on arest pause if—
(a) the rest pause is not more than 10 minutes duration; and (b) the educator or early childhood teacher has not already taken more than one rest pause that day; and (c) there is a specified person present at the education and care service premises during the rest pause who is—
(i) not working with children; and
(ii) able to attend to children immediately if required; and
Note
The person may be the educator or early childhood teacher who is taking the rest pause.
(d)
only one educator or early childhood teacher counted in the relevant required educator to child ratio is absent on a rest pause at any one time; and
(e)
if the centre-based service has a rest period condition, the educator or early childhood teacher does not take the rest pause during a rest period.
49
Education and Care Services National Amendment Regulations 2017
(2)
During a rest pause taken by an educator or early childhood teacher in accordance with subregulation (1), the centre-based service is
taken to meet the relevant qualification
requirements for educators.(3) In this regulation, a reference to an early
childhood teacher is a reference to an early
childhood teacher who is counted as an
educator in calculating the educator to child
ratio of the service.Note An early childhood teacher cannot be counted as an educator in calculating the educator to child ratio
unless the teacher is working directly with children— see regulation 122. (4) In this regulation—
qualification in a relevant area of study
means a qualification published under regulation 137(2) in a list of approved qualifications for Queensland in one of
the following areas of study—
(a) early childhood education and
care;(b) nursing, physiotherapy,
occupational therapy, diversional
therapy or speech pathology;(c) primary, secondary or special
education;(d) human welfare studies and
services;(e) behavioural science;
(f) sport and recreation;
50
Education and Care Services National Amendment Regulations 2017
(g)
creative arts, fine arts, drama or music;
(h) community services;
specified person means—
(a) a staff member or volunteer who is at least 18 years of age; or (b) a staff member or volunteer who holds or is actively working towards one of the following
qualifications—
(i) unless subparagraph (ii)
applies, an approved
certificate III level education
and care qualification;(ii) if the centre-based service
educates and cares only for
children over preschoolage—
(A) a certificate III or IV in
community services under the Australian Qualifications
Framework; or
(B) a 1 year qualification in a relevant area of study; or
(C) a qualification
that is higher than
a qualification
referred to in
sub-subparagraph (A)
or (B).
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Education and Care Services National Amendment Regulations 2017
299G Access to or attendance of early childhood
teacher on rest pauseAn early childhood teacher is taken to be in attendance at the centre-based service or the service is taken to have access to an early
childhood teacher (as the case requires), while the early childhood teacher is on a rest pause
if—
(a) the early childhood teacher’s rest pause is not more than 10 minutes duration;
and(b) the early childhood teacher has not already taken more than one rest pause that day; and (c) if the centre-based service has a rest period condition, the early childhood teacher does not take a rest pause during a rest period.
299H Educator to child ratios when educator
or early childhood teacher absent for
5 minutes or less
(1) A centre-based service is taken to meet the
relevant educator to child ratio during the
absence of an educator or early childhoodteacher if—
(a)
the educator or early childhood teacher is absent for not more than 5 minutes; and
(b)
the educator or early childhood teacher is not absent on a rest pause or during a rest period; and
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Education and Care Services National Amendment Regulations 2017
(c) no other educator or early childhood teacher counted in the relevant required educator to child ratio is absent during that absence. (2) During the absence of an educator or early childhood teacher in accordance with subregulation (1), the centre-based service is taken to meet the relevant
qualification requirements for educators.
(3) In this regulation, a reference to an early
childhood teacher is a reference to an early
childhood teacher who is counted as an
educator in calculating the educator to child
ratio of the service.Note An early childhood teacher cannot be counted as an educator in calculating the educator to child ratio
unless the teacher is working directly with children— see regulation 122. 299I Access to or attendance of early childhood
teacher absent for 5 minutes or lessAn early childhood teacher is taken to be in attendance at the centre-based service or the service is taken to have access to an early
childhood teacher (as the case requires), while the early childhood teacher is absent if—
(a) the early childhood teacher is absent for not more than 5 minutes; and (b) the early childhood teacher is not absent on a rest pause or during a rest period.".
100 Regulations 302 and 303 revoked
Regulations 302 and 303 of the National
Regulations are revoked.
53
Education and Care Services National Amendment Regulations 2017
101 Early childhood teacher—60 or more children
Regulation 304(2) of the National Regulations is revoked.
102 Subdivision 2 of Division 3 of Part 7.5 revoked
Subdivision 2 of Division 3 of Part 7.5 of the
National Regulations is revoked.
103 Division 4 of Part 7.5 revoked
Division 4 of Part 7.5 of the National Regulations is revoked.
104 Heading to Division 2 of Part 7.6 substituted
For the heading to Division 2 of Part 7.6 of the
National Regulations substitute—
"Division 2—Children over preschool
age—qualifications required".
105 Regulation 320 revoked
Regulation 320 of the National Regulations is revoked.
106 Early childhood teachers—preschools
Regulation 324(2) of the National Regulations is revoked.
107 Regulations 326, 327, 328, 329, 330 and 331 revoked
Regulations 326, 327, 328, 329, 330 and 331 of the National Regulations are revoked.
108 Early childhood teacher—60 or more but fewer
than 81 children
Regulation 332(2) of the National Regulations is revoked.
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Education and Care Services National Amendment Regulations 2017
109 Early childhood teacher in attendance—more than
80 children
Regulation 333(2) of the National Regulations is revoked.
110 Regulation 336 revoked
Regulation 336 of the National Regulations is revoked.
111 Centre-based services indoor space requirements
For regulation 337(5) of the National Regulations
substitute—
"(5) This regulation ceases to apply if—
(a) the service premises are renovated and that renovation reduces—
(i) the existing unencumbered indoor
space suitable for children's use;
or(ii) the existing unencumbered outdoor space suitable for children's use; or
(b)
the service premises are renovated and the approved provider requests an amendment to the maximum number of children to be educated and cared for at the service; or
(c)
the service approval is transferred to another approved provider.
Note See also Division 7 of Part 7.1.
(6) Despite subregulation (5)(a)(ii), this
regulation continues to apply if the service
premises are renovated and that renovation
reduces the existing unencumbered outdoor
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Education and Care Services National Amendment Regulations 2017
space suitable for children's use to not less
than 7 square metres per child.".
Note
The heading to regulation 337 is to read:
Centre-based services indoor and outdoor space requirements
112 Preschool indoor and outdoor space requirements
For regulation 338(4) of the National Regulations
substitute—
"(4) This regulation ceases to apply if—
(a) the service premises are renovated and that renovation reduces—
(i) the existing unencumbered indoor
space suitable for children's use;
or(ii) the existing unencumbered outdoor space suitable for children's use; or
(b) the services premises are renovated amendment to the maximum number of children to be educated and cared for at the service; or
(c)
the service approval is transferred to another approved provider.
Note See also Division 7 of Part 7.1.
(5) Despite subregulation (4)(a)(ii), this
regulation continues to apply if the service
premises are renovated and that renovation
reduces the existing unencumbered outdoor
space suitable for children's use to not less
than 7 square metres per child.".
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Education and Care Services National Amendment Regulations 2017
113 Over preschool age—indoor space requirements
For regulation 339(4) of the National Regulations
substitute—
"(4) This regulation ceases to apply if—
(a) the service premises are renovated and that renovation reduces—
(i) the existing unencumbered indoor
space suitable for children's use;
or(ii) the existing unencumbered outdoor space suitable for children's use; or
(b) the service premises are renovated amendment to the maximum number of children to be educated and cared for at the service; or
(c)
the service approval is transferred to another approved provider.
Note See also Division 7 of Part 7.1.
(5) Despite subregulation (4)(a)(ii), this
regulation continues to apply if the service
premises are renovated and that renovation
reduces the existing unencumbered outdoor
space suitable for children's use to not less
than 7 square metres per child.".Note The heading to regulation 339 is to read:
Over preschool age—indoor and outdoor space
requirements
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Education and Care Services National Amendment Regulations 2017
114 Regulation 341 revoked
Regulation 341 of the National Regulations is revoked.
115 New regulation 342A inserted
After regulation 342 of the National Regulations
insert—
"342A 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 withchildren, if—
(a)
the educator's total periods away from working directly with children does not exceed 30 minutes in a day; and
(b)
during each period away from working directly with children the program is maintained in a way that continues to support the safety, health and wellbeing of each child.
(2) For the purposes of a rating assessment
under Part 5 of the Law, the centre-based
service is taken to comply with
regulation 123.".
116 Safety screening clearance—staff members
(1) In regulation 344 of the National Regulations—
(a)
in subregulation (1) omit "or a current safety screening clearance";
(b)
in subregulation (2) omit "or a current safety screening clearance issued by the Department of Education of Tasmania".
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Education and Care Services National Amendment Regulations 2017
(2) Regulation 344(3) of the National Regulations is
revoked.
Note
The heading to regulation 344 is to read:
Working with vulnerable people registration—staff
members
117 Regulations 347 and 348 revoked
Regulations 347 and 348 of the National
Regulations are revoked.
118 Early childhood teacher in attendance—60 or more
children
Regulation 349(2) of the National Regulations is revoked.
119 Subdivision 2 of Division 4 of Part 7.7 revoked
Subdivision 2 of Division 4 of Part 7.7 of the
National Regulations is revoked.
120 Regulation 355 revoked
Regulation 355 of the National Regulations is revoked.
121 Working with children check to be read
(1) In regulation 358(1) of the National
Regulations—
(a)
for "the nominated supervisor of, or the certified supervisor in day to day charge of," substitute "a nominated supervisor, or a person in day-to-day charge of";
(b)
in paragraph (c), for "service." substitute "service; or";
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Education and Care Services National Amendment Regulations 2017
(c) after paragraph (c) insert—
"(d) engaged or employed as a staff member at the service.".
(2) For regulation 358(2)(b) of the National
Regulations substitute—
"(b) the person cares for or educates children at the
education and care service only under the
immediate supervision of an educator who
has attained the age of 18 years.".(3) For regulation 358(3) of the National Regulations
substitute—
"(3) Subregulation (1) does not apply to a person
who is a volunteer and who provides
education and care at the service only under
the immediate supervision of an educator
who has attained the age of 18 years.".
(4) In regulation 358(4) of the National Regulations, for "nominated supervisor or certified supervisor in day to day charge" substitute "a nominated
supervisor or a person in day-to-day charge".
122 Criminal history record check to be read and considered
In regulation 359 of the National Regulations, for "the nominated supervisor of or the certified supervisor in day to day" substitute "a nominated supervisor or the person in day-to-day".
123 Regulations 360, 361, 362 and 365 revoked
Regulations 360, 361, 362 and 365 of the National
Regulations are revoked.
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Education and Care Services National Amendment Regulations 2017
124 Early childhood teacher in attendance—60 or more
children
Regulation 363(2) of the National Regulations is revoked.
125 Definitions
At the foot of regulation 368 of the National
Regulations insert—
'Note
The Education and Care Services National Regulations
2012 of Western Australia include the following
regulation 368A—
"368A. Exceeding National Quality Standard: educational
program and practice quality area
(1)
For Western Australia, an education and care service is entitled to be given an Exceeding National Quality Standard for the educational program and practice
quality area if—
(a)
the service has a documented arrangement for a kindergarten programme to be provided by a school for children who are educated and cared for by the service; and
(b)
if the arrangement is generally available to children educated and cared for by the service, the service informs parents of the arrangement.
(2) This regulation is in addition to regulation 62(2).".'.
126 Educator to child ratios—children over preschool
age
In regulation 369 of the National Regulations, for "For the purposes of regulation 123(1)(d), the educator to child ratios for children over preschool age are set out in column 3 of the following
Table." substitute—
"(1) This regulation applies in place of
regulation 123(1)(d).
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Education and Care Services National Amendment Regulations 2017
(2) The educator to child ratios for children over
preschool age are set out in column 3 of the
following Table.".127 Regulation 371 revoked
Regulation 371 of the National Regulations is revoked.
128 Regulations 374, 375, 376, 377 and 378 revoked
Regulations 374, 375, 376, 377 and 378 of the
National Regulations are revoked.
129 Educators required to be early childhood teachers
(1) Regulation 379(1) of the National Regulations is
revoked.
(2) In regulation 379(2) of the National Regulations,
for "Regulations 133(1)" substitute
"Regulations 133(1)(b)".
130 Regulations 380, 381 and 382 revoked
Regulations 380, 381 and 382 of the National
Regulations are revoked.
131 Saving provision—education and care services
provided by a school
At the foot of regulation 383 of the National
Regulations insert—
'Note 2
The Education and Care Services National Regulations
2012 of Western Australia include the following
regulations 384 and 385—
"384. Monetary orders under former education and care
services law(1) If, immediately before the scheme commencement
day, a declared approved provider has not paid a
monetary order made under, or in relation to
proceedings commenced under an allegation made in
respect of that person under, section 29 of the Child
Care Services Act 2007 of Western Australia then,
on and after the scheme commencement day, the
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Education and Care Services National Amendment Regulations 2017
order is taken to be a monetary order referred to in
sections 25(1)(g)(i) and 70(1)(i) of the Law as
applying in Western Australia.
(2) In subregulation (1)— monetary order has the meaning given in the State
Administrative Tribunal Act 2004 section 3(1).385.
Proceedings under former education and care services law
continue proceedings under section 29 of the Child
The Regulatory Authority may commence or relation to a person who held a licence under that Act in relation to a service that is taken to be an education and care service.".'.
Note The Guide to Chapter 7 is amended as follows:
Guide to Chapter 7.
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 NationalAmendment Regulations 2017.
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Education and Care Services National Amendment Regulations 2017
132 New Part 7.10 inserted
After Part 7.9 of the National Regulations
insert—
"Part 7.10—Transitional and savings provisions—Education and
Care Services National
Amendment Regulations 2017
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 2018, 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. Division 2—Australian Capital Territory
385 Application of Division
This Division applies to the Australian
Capital Territory.386 Resignation of early childhood teacher
(1) Regulation 135 applies as if the reasons for
the early childhood teacher to be absent
included resignation.
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Education and Care Services National Amendment Regulations 2017
(2) This regulation ceases to have effect on
31 December 2021.Division 3—New South Wales
387 Application of Division
This Division applies to New South Wales.
388 Educator to child ratios—centre-based
services
Regulation 123(1)(d) applies on and after
1 October 2018.Division 4—Queensland
389 Application of Division
This Division applies to Queensland.
390 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.Division 5—Tasmania
391 Application of Division
This Division applies to Tasmania.
392 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.
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Education and Care Services National Amendment Regulations 2017
Division 6—Western Australia
393 Application of Division
This Division applies to Western Australia.
394 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.".133 Schedule 2 substituted
For Schedule 2 to the National Regulations
substitute—
"Part 1—Fee relating to provider approvals,
service approvals and ratings
Fee
Item no. Section of the Description Centre- Family day Law based care service service (No. of family (No. of day care approved educators placed or engaged by places to or registered be offered with service) 1 Section 11(d) Application $219 $219 for provider
approval2 Section Application Nil Nil 22(2)(c)
to amend provider approval
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Education and Care Services National Amendment Regulations 2017
Fee
Item no. Section of the Description Centre- Family day Law based care service service (No. of family (No. of day care approved educators placed or engaged by places to or registered be offered with service) 3 Section Application Nil Nil 37(2)(c) to voluntarily
suspend
provider
approval4 Section Application Nil Nil 39(6)(c)
by executor for provider approval
5 Section Application Nil Nil 40(3)(c)
by legal personal representative
or guardian for provider approval
6 Section Application 24 places $658 44(1)(e) for service or fewer approval $438 25 to 80 $658 places $658 81 or more $658 places $878
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Education and Care Services National Amendment Regulations 2017
Fee
Item no. Section of the Description Centre- Family day Law based care service service (No. of family (No. of day care approved educators placed or engaged by places to or registered be offered with service) 7 Section 53 Annual fee— 24 places 5 or fewer approved or fewer family day service approved care places educators $200 $200 25 to 80 6 to 20 approved family day places care $301 educators $301 81 or more 21 or more approved family day places care $399 educators
$3998 Section Application Nil Nil 54(2)(c) to amend
service
approval9 Section Notification $108 $108 59(2)(c)
of intended transfer of service
approval 10 Section Application Nil Nil 85(2)(c) to voluntarily
suspend
service
approval
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Education and Care Services National Amendment Regulations 2017
Fee
Item no. Section of the Description Centre- Family day Law based care service service (No. of family (No. of day care approved educators placed or engaged by places to or registered be offered with service) 11 Section 88(c) Application $108 $108 for service
waiver12 Section 95(c) Application $108 $108 for temporary
waiver13 Section 98(4) Application $108 $108 to extend temporary waiver
14 Section Application 24 or fewer 5 or fewer 139(2)(c) for approved family day reassessment places care and re-rating $438 educators $438 25 to 80 6 to 20 approved family day places care $658 educators $658 81 or more 21 or more approved family day places care $878 educators
$87815 Section Request for Nil Nil 141(4)(d)
review by Regulatory Authority
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Education and Care Services National Amendment Regulations 2017
Fee
Item no. Section of the Description Centre- Family day Law based care service service (No. of family (No. of day care approved educators placed or engaged by places to or registered be offered with service) 16 Section Application 24 or fewer 5 or fewer 145(2)(c) for further approved family day review by places care Ratings $438 educators Review Panel $438 25 to 80 6 to 20 approved family day places care $658 educators $658 81 or more 21 or more approved family day places care $878 educators
$878
Part 2—Other fees
Item no. Provision of the Description Fee Law or
regulation1 Section 266(4) Copy or extract $5 per page or from register of $70 for an approved providers electronic
copy2 Section 267(4) Copy or extract $5 per page or from register of $70 for an approved education electronic and care services copy 70
Education and Care Services National Amendment Regulations 2017
Item no. Provision of the Description Fee Law or
regulation3 Regulation 138 Application for $2200 qualification to be
assessed for
inclusion on list of
approved
qualifications4 Regulation 139 Application for $108 determination of
equivalent
qualification
".
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