Education and Care Services National Regulations (Qld)

Chapter 1    Preliminary

Editor’s note—

The Education and Care Services National Regulations are a law of Queensland under the Education and Care Services National Law (Queensland). It is intended a new reprint of the National Regulations will be prepared by the Office of the Queensland Parliamentary Counsel when any change in the National Regulations takes effect.

Guide to Chapter 1

This Chapter sets out the title to these Regulations, the provisions of the Education and Care Services National Law that authorise these Regulations and the commencement date for these Regulations.

This Chapter also sets out the definitions of key terms used in these Regulations.

1   Title

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

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 January 2012.

Note—

The commencement dates for the Education and Care Services National Regulations 2012 of Western Australia were—

(a)regulations 1 and 3, 25 July 2012;

(b)the rest of the regulations, 1 August 2012.

4   Definitions

(1)In these Regulations—

ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

actively working towards a qualification—see regulation 10;

approved certificate III level education and care qualification means—

(a)a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved certificate III level education and care qualifications published under regulation 137; or

(b)a qualification included in the list of approved diploma level education and care qualifications or approved early childhood teaching qualifications published under regulation 137;

approved diploma level education and care qualification means—

(a)a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved diploma level education and care qualifications published under regulation 137; or

(b)a qualification included in the list of approved early childhood teaching qualifications published under regulation 137;

approved early childhood teaching qualification means a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved early childhood teaching qualifications published under regulation 137;

approved education and care qualification, in regulations 126A, 135 and 324, means—

(a)an approved certificate III level education and care qualification; or

(b)an approved diploma level education and care qualification; or

(c)an approved early childhood teaching qualification;

approved number of places, in relation to a centre-based service, means the maximum number of children who can be educated and cared for by the service at any one time, stated on the service approval under section 52(g) of the Law;

bankruptcy declaration means a declaration made by an individual about any proceeding in bankruptcy brought against the individual including—

(a)whether any actions have been taken against the individual under Part IV of the Bankruptcy Act 1966 of the Commonwealth; and

(b)whether the individual has made any debt agreement under Part IX of the Bankruptcy Act 1966 of the Commonwealth; and

(c)whether the individual has made any personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth;

building law means a law generally regulating building construction and demolition;

building permit means a permit or consent to carry out building work issued under a building law or planning and development law of a participating jurisdiction;

building practitioner means—

(a)a person who is registered as a building surveyor, building inspector or draftsperson under a law of a participating jurisdiction; or

(b)a person who is registered as an architect under a law of a participating jurisdiction; or

(c)a person who is licensed as a surveyor under a law of a participating jurisdiction; or

(d)a person who is licensed or registered as a building certifier under a law of a participating jurisdiction; or

(e)a person who is accredited under a law of a participating jurisdiction to design buildings that will be used to provide education and care services;

centre-based service means an education and care service other than a family day care service;

certificate of final inspection means a certificate issued on completion of building work by a building practitioner under a building law or planning and development law of a participating jurisdiction;

child over preschool age means a child who—

(a)is enrolled or registered at a school; and

(b)attends, or in the current calendar year will attend, school in the year before grade 1 or in grade 1 or a higher grade;

child preschool age or under means a child under the age of 7 years who is not a child over preschool age;

criminal history record check means a full disclosure Australia-wide criminal history record check, issued by a police force or other authority of a State or Territory or the Commonwealth;

criminal history statement means a statement made by an individual that—

(a)states whether the individual has been convicted in Australia of any offences relevant to a person seeking to work with children; and

(b)includes details of those convictions;

diagnosed as at risk of anaphylaxis, in relation to a child, means a child who has been diagnosed by a registered medical practitioner as at risk of anaphylaxis;

disciplinary proceedings statement means a statement made by an individual that states—

(a)whether the individual is or has been subject to a formal disciplinary proceeding or action under an education law of a participating jurisdiction (other than a proceeding or action that was unsuccessful or was withdrawn); and

(b)the outcome of the proceeding or action (if known);

early childhood teacher means a person with an approved early childhood teaching qualification;

educational program means a program referred to in section 168 of the Law;

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;

Examples—

1Flood.

2Fire.

3A situation that requires the education and care service premises to be locked down.

excursion means an outing organised by an education and care service or family day care educator, but does not include an outing organised by an education and care service provided on a school site if—

(a)the child or children leave the education and care service premises in the company of an educator; and

(b)the child or children do not leave the school site;

family assistance law has the same meaning as it has in the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;

family day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators;

financial declaration means a declaration made by a person who is not an individual indicating whether the person is or has been declared insolvent or is or has been placed under external administration;

in attendance, at a centre-based service, in relation to an early childhood teacher or a suitably qualified person—see regulation 11;

infectious disease, in relation to a participating jurisdiction, means an infectious disease that is designated under a law of that jurisdiction or by a health authority (however described) as a disease that would require a person with the disease to be excluded from an education and care service;

medication means medicine within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;

multi-storey building means a building with more than 2 storeys;

occupancy permit means a certificate or permit issued under a building law or planning and development law of a participating jurisdiction that permits a building to be occupied;

optical surveillance device has the same meaning as in section 6(1) of the Surveillance Devices Act 2004 of the Commonwealth;

overseas criminal history statement means a statement made by an individual that—

(a)states whether the individual has been convicted outside Australia of any offences relevant to a person seeking to work with children; and

(b)includes details of those convictions;

planning and development law means a law generally regulating the planning of the use and development of land;

planning permit means a permit, approval or consent in respect of the use or development of any land granted under a building law or a planning and development law of a participating jurisdiction;

previous service statement means a statement made by an individual that states—

(a)whether or not the individual has held any role with an education and care service or a children’s service in the previous 3 years; and

(b)includes the following details for each role—

(i)the name of the service; and

(ii)the State or Territory in which the service was located; and

(iii)the nature of the role;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

regular outing, in relation to an education and care service, means a walk, drive or trip to and from a destination—

(a)that the service visits regularly as part of its educational program; and

(b)where the circumstances relevant to the risk assessment are substantially the same on each outing;

regular transportation, in relation to an education and care service, means the transportation by the service or arranged by the service (other than as part of an excursion) of a child being educated and cared for by the service, where the circumstances relevant to a risk assessment are substantially the same for each occasion on which the child is transported;

renovate, in relation to premises, means—

(a)construction, demolition, removal or relocation of a building or other fixed structure (or part of a building or other fixed structure); or

(b)carrying out structural alterations on a building or other fixed structure;

responsible person, in relation to an education and care service, means a person referred to in section 162(1)(a) to (c) of the Law;

safety screening clearance ...

scheme commencement day means 1 January 2012;

Note—

The scheme commencement day for Western Australia was 1 August 2012—see the definition of scheme commencement day in regulation 4 of the Education and Care Services National Regulations 2012 of Western Australia.

serious incident—see regulation 12;

soil assessment means an analysis of soil conducted by an environmental consultant, environmental consulting firm, or environmental auditor for the purposes of determining—

(a)the nature, extent and levels of contamination; and

(b)the actual or potential risk to human health resulting from that contamination;

storey, of a building, includes the following—

(a)the ground level;

(b)a level of a split level;

suitably qualified person means a person who has—

(a)a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved qualifications for suitably qualified persons published under regulation 137; or

(b)a qualification approved by the National Authority as a higher qualification for suitably qualified persons and included in the list of approved qualifications for suitably qualified persons published under regulation 137;

the Law means the Education and Care Services National Law;

vaping device has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;

vaping substance has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;

working directly with children—see regulation 13;

working with children check number has the same meaning as it has in the Child Protection (Working with Children) Act 2012 of New South Wales;

working with vulnerable people check means a check of a person under a working with vulnerable people law of a participating jurisdiction;

working with vulnerable people registration means a registration issued to a person under the Registration to Work With Vulnerable People Act 2013 of Tasmania allowing the person to be engaged in childcare services.

(1A)A requirement under these Regulations applying in relation to a stated number of children applies each time there is the stated number of children or a part of the stated number.

Example—

There are 30 children aged 36 months or over (not including children over preschool age) at a centre-based service. Regulation 123(1)(c) requires 1 educator for each 11 children. In this case 3 educators would be required.

(2)Unless the context otherwise requires, a reference in these Regulations to a Part by a number is a reference to the Part, designated by that number, of these Regulations.

(3)Guides to Chapters do not form part of these Regulations.

5   Services that are not education and care services

(1)For the purposes of paragraph (g) of the definition of education and care service in section 5(1) of the Law, the following classes of disability service are excluded from the definition of education and care service—

(a)a service that is a designated service within the meaning of the Disability Services Act 1993 of New South Wales;

(b)services that are disability services under the Disability Services Act 2006 of Queensland;

(c)a disability service provided by a disability service provider within the meaning of the Disability Act 2006 of Victoria;

(d)a service providing education and care to a child with a disability that is funded by a grant of financial assistance approved under the Disability Services Act 1993 of Western Australia;

(e)an early childhood intervention service provided for the principal purpose of providing intervention or support for children with a disability, additional needs or developmental delay.

(2)For the purposes of paragraph (h) of the definition of education and care service in section 5(1) of the Law, the following classes of service are excluded from the definition of education and care service—

(a)a service providing education and care to children in premises where the majority of the children usually reside and the educator does not reside;

(b)a service providing education and care to children in the service provider’s residence other than as part of a service that is delivered through the use of 2 or more educators to provide education and care to children in residences;

Note—

Paragraph (b) does not apply in Western Australia—see regulation 5(2)(b) of the Education and Care Services National Regulations 2012 of Western Australia.

(c)a service providing education and care to children primarily on an ad hoc or casual basis where—

(i)the service does not usually offer full-time or all day education and care to children on an ongoing basis; and

(ii)most of the children provided with education and care are preschool age or under;

Note—

This form of care is commonly referred to as occasional care.

(d)a service provided by a hotel or resort to provide education and care to children who are temporary guests of the hotel or resort;

Example—

A ski resort that offers child-minding services for children staying at the resort.

(e)a service providing education and care to a child on an ad hoc basis at premises where the parent of, or other person responsible for, the child is—

(i)a guest, visitor or patron; and

(ii)readily available at all times that the child is being educated and cared for;

Examples—

1A service that provides education and care to a child at a conference attended by the parent.

2A service that provides education and care to a child at a sports and leisure centre or shopping centre where the parent is a patron.

(f)a service that provides education and care to children where the education and care is primarily provided or shared by parents or family members of the children and a parent or family member is readily available for the period that the child is educated and cared for and retains responsibility for the child;

(g)a secondary school or college providing education and care to the children of students attending the school or college where a parent of each child retains responsibility for the child while the child is being educated and cared for;

(h)a service providing education and care primarily to children preschool age or under that transports its equipment and materials or staff to one or more locations on each occasion that the service is provided;

Note—

This form of care is commonly called a mobile service.

(i)a service that provides education and care during school holidays for a total of not more than 28 days in a calendar year;

(j)a short term program provided by and at a school to children who will attend the school in the following year, for the purpose of orienting children to the school;

(k)a service providing education and care if, on 30 June 2018—

(i)the service provider was, in respect of the service, in receipt of funding under the Budget Based Funded program administered by the Department of Education and Training of the Commonwealth; and

(ii)the service was not approved for the purposes of the family assistance law;

(ka)a service providing education and care if, on 30 June 2018—

(i)the service provider was, in respect of the service, in receipt of funding under the Indigenous Advancement Strategy administered by the Department of Prime Minister and Cabinet of the Commonwealth; and

(ii)the service was not approved for the purposes of the family assistance law; and

(iii)the service was not regulated under the National Quality Framework;

(l)a licensed playschool under the Children and Young People Act 2008 of the Australian Capital Territory;

(m)a stand alone service under a children’s services law of Queensland;

(n)a service funded by the Queensland Government to provide limited hours care;

(o)a South Australian Government operated Playcentre;

(p)a service licensed as a Centre Based Care Class 4 or Centre Based Care Class 5 service under the Child Care Act 2001 of Tasmania;

(q)an approved children’s service under the Children’s Services Act 1996 of Victoria that, immediately before 17 May 2020, was a licensed limited hours Type 2 service under that Act;

(r)a service funded by the government department principally administering the Children and Community Services Act 2004 of Western Australia for the purposes of preventive, support and recreation services for at risk children.

6   Eligible association

For the purposes of the definition of eligible association in section 5(1) of the Law, a parents and citizens association formed under Chapter 7 of the Education (General Provisions) Act 2006 of Queensland is a prescribed association.

7   Prescribed rating system

For the purposes of paragraph (d) of the definition of national education and care services quality framework in section 5(1) of the Law, the prescribed rating system is set out in Parts 3.2 to 3.5.

8   National Quality Standard

For the purposes of the definition of National Quality Standard in section 5(1) of the Law, the prescribed National Quality Standard is set out in Schedule 1.

9   Prescribed entities

For the purposes of paragraph (e) of the definition of person in section 5(1) of the Law, the following are prescribed entities—

(a)the Catholic Education Commission of Western Australia;

(b)a body politic.

9A   Approval in principle criteria

For the purposes of the definition of approval in principle criteria in section 5(1) of the Law, the following regulations are prescribed—

(a)regulation 109(b);

(b)regulation 110(a) and (b);

(c)regulation 112(4);

(d)regulation 115.

10   Meaning of actively working towards a qualification

For the purposes of these Regulations, an educator is actively working towards a qualification if the educator—

(a)is enrolled in the course for the qualification; and

(b)provides the approved provider with documentary evidence from the provider of the course that—

(i)the educator has commenced the course; and

(ii)the educator is making satisfactory progress towards completion of the course; and

(iii)the educator is meeting the requirements for maintaining the enrolment; and

(iv)in the case of an approved diploma level education and care qualification, the educator—

(A)holds an approved certificate III level education and care qualification; or

(B)has completed the units of study in an approved certificate III level education and care qualification determined by the National Authority; or

(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.

11   Meaning of in attendance at a centre-based service

For the purposes of these Regulations, an early childhood teacher or a suitably qualified person is in attendance at a centre-based service if the early childhood teacher or the suitably qualified person—

(a)is physically present at the service; and

(b)carries out education and care activities at the service including one or more of the following—

(i)working directly with children;

(ii)planning programs;

(iii)mentoring, coaching or supporting educators;

(iv)facilitating education and care research;

(v)performing the role of educational leader of the service referred to in regulation 118.

12   Meaning of serious incident

For the purposes of the definition of serious incident in section 5(1) of the Law, each of the following is prescribed as a serious incident—

(a)the death of a child—

(i)while that child is being educated and cared for by an education and care service; or

(ii)following an incident occurring while that child was being educated and cared for by an education and care service;

(b)any incident involving serious injury or trauma to a child occurring while that child is being educated and cared for by an education and care service—

(i)which a reasonable person would consider required urgent medical attention from a registered medical practitioner; or

(ii)for which the child attended, or ought reasonably to have attended, a hospital;

Example—

A broken limb.

(c)any incident involving serious illness of a child occurring while that child is being educated and cared for by an education and care service for which the child attended, or ought reasonably to have attended, a hospital;

Example—

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)appears to have been taken or removed from the education and care service premises in a manner that contravenes these Regulations; or

(iii)is mistakenly locked in or locked out of the education and care service premises or any part of the premises.

13   Meaning of working directly with children

For the purposes of these Regulations a person is working directly with children at a given time if at that time the person—

(a)is physically present with the children; and

(b)is directly engaged in providing education and care to the children.

Chapter 2    Approvals and certificates

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.

Part 2.1    Provider approvals

14   Application for provider approval by individual

An application for a provider approval made by an individual under section 10 of the Law must include the following information—

(a)the applicant’s full name, and any former or other name the applicant may be known by;

(b)the applicant’s residential address and contact details;

(c)the applicant’s date and place of birth;

(d)proof of the applicant’s identity;

(e)a previous service statement made by the applicant;

(f)except in the case of an application to the New South Wales Regulatory Authority or the Queensland Regulatory Authority, if the participating jurisdiction has a working with children law—

(i)if held by the applicant, a copy of the applicant’s current working with children card or working with children check; or

(ii)if the applicant is a teacher registered under an education law of that jurisdiction, proof of the current registration under that law;

(iii)(Repealed)

(fa)in the case of an application to the New South Wales Regulatory Authority, the applicant’s working with children check number or a copy of the applicant’s current working with children card or working with children check;

(fb)in the case of an application to the Queensland Regulatory Authority, a copy of the applicant’s current working with children card or working with children check;

(fc)in the case of an application to the Tasmanian Regulatory Authority, a copy of the applicant’s working with vulnerable people registration;

(g)except in the case of an application to the Queensland Regulatory Authority—

(i)a copy of the applicant’s current working with vulnerable people check; or

(ii)a criminal history record check in respect of the applicant issued not more than 6 months before the date of the application;

(h)if a criminal history record check has been provided under paragraph (g)(ii), a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check was issued to the date of the application;

(i)if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

(j)a disciplinary proceedings statement made by the applicant;

(k)a bankruptcy declaration made by the applicant.

Note—

If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3) of the Law.

15   Application for provider approval by person other than an individual

An application for a provider approval made by a person other than an individual under section 10 of the Law must include the following information—

(a)the applicant’s name and any trading or other name used by the applicant;

(b)the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;

(c)the name and contact details of the contact person for the purposes of the application;

(d)documentary evidence of the legal status of the applicant and its constitution;

Example—

The partnership agreement for a partnership.

(e)a financial declaration regarding the applicant;

(f)for each individual who will be a person with management or control of an education and care service to be operated by the applicant, the information set out in regulation 14.

Note—

If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3) of the Law.

16   Matters relating to criminal history

The matters relating to the criminal history of a person that the Regulatory Authority must have regard to under section 13(1)(c)(i) of the Law are—

(a)if the participating jurisdiction has a working with children law, whether the person—

(i)holds a current working with children card or working with children check issued under that law; or

(ii)is a registered teacher under an education law of that jurisdiction; and

(b)except in the case of an application made to the Queensland Regulatory Authority, any matters included in a criminal history record check.

17   Application for amendment of provider approval

An application under section 22 of the Law for an amendment of a provider approval must include the following information—

(a)the full name of the approved provider;

(b)the provider approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the details of the amendment applied for;

(e)sufficient information or documentation to support the application for amendment.

18   Maximum period of suspension of provider approval

The prescribed maximum period of suspension of a provider approval under section 27(a) or 33(1)(a)(ii) of the Law is 12 months.

19   Application for voluntary suspension of provider approval

An application under section 37 of the Law for the suspension of a provider approval must include the following information—

(a)the full name of the approved provider;

(b)the provider approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the reasons for the suspension;

(e)the date on which the suspension is proposed to take effect and the duration of the suspension;

(f)what is intended to happen to each education and care service operated by the approved provider during the proposed suspension;

(g)a statement indicating that the approved provider has notified the parents of children enrolled at the education and care services operated by the approved provider in accordance with section 37(3) of the Law.

20   Application by individual executor for provider approval

An application for a provider approval made under section 39(5) of the Law by an executor who is an individual must include the following information—

(a)the applicant’s full name, and any former or other name the applicant may be known by;

(b)the applicant’s residential address and contact details;

(c)the applicant’s date and place of birth;

(d)in relation to the current approved provider—

(i)the approved provider’s full name;

(ii)the provider approval number;

(iii)the date of the approved provider’s death;

(iv)a copy of the death certificate or other evidence of the death of the approved provider;

(e)the proposed duration of the provider approval;

Note—

This period cannot exceed 6 months.

(f)proof of the applicant’s identity;

(g)except in the case of an application to the New South Wales Regulatory Authority or the Queensland Regulatory Authority, if the participating jurisdiction has a working with children law—

(i)if held by the applicant, a copy of the applicant’s current working with children card or working with children check; or

(ii)if the applicant is a teacher registered under an education law of that jurisdiction, proof of the current registration under that law;

(iii)(Repealed)

(ga)in the case of an application to the New South Wales Regulatory Authority, the applicant’s working with children check number or a copy of the applicant’s current working with children card or working with children check;

(gb)in the case of an application to the Queensland Regulatory Authority, a copy of the applicant’s current working with children card or working with children check;

(gc)in the case of an application to the Tasmanian Regulatory Authority, a copy of the applicant’s working with vulnerable people registration;

(h)except in the case of an application made to the Queensland Regulatory Authority—

(i)a copy of the applicant’s current working with vulnerable people check; or

(ii)a criminal history record check issued not more than 6 months before the date of the application;

(i)if a criminal history record check has been provided under paragraph (h)(ii), a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check was issued to the date of the application;

(j)if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

(k)a disciplinary proceedings statement made by the applicant;

(l)a bankruptcy declaration made by the applicant.

21   Application by executor other than an individual for provider approval

An application for a provider approval made under section 39(5) of the Law by an executor other than an individual must include the following information—

(a)the applicant’s name and any trading or other name used by the applicant;

(b)the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;

(c)the name and contact details of the contact person for the purposes of the application;

(d)in relation to the current approved provider—

(i)the approved provider’s full name;

(ii)the provider approval number;

(iii)the date of the approved provider’s death;

(iv)a copy of the death certificate or other evidence of the death of the approved provider;

(e)the proposed duration of the provider approval;

Note—

This period cannot exceed 6 months.

(f)documentary evidence of the legal status of the applicant and its constitution;

Example—

The partnership agreement for a partnership.

(g)a financial declaration regarding the applicant;

(h)for each individual who will be a person with management or control of an education and care service to be operated by the applicant, the information set out in regulation 20.

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

An application for a provider approval made under section 40 of the Law by the legal personal representative or guardian of an approved provider must include the following information if the applicant is an individual—

(a)the applicant’s full name, and any former or other name the applicant may be known by;

(b)the applicant’s residential address and contact details;

(c)the applicant’s date and place of birth;

(d)the current approved provider’s full name and provider approval number;

(e)the proposed duration of the provider approval;

Note—

This period cannot exceed 6 months.

(f)proof of the applicant’s identity;

(g)except in the case of an application to the New South Wales Regulatory Authority or the Queensland Regulatory Authority, if the participating jurisdiction has a working with children law—

(i)if held by the applicant, a copy of the applicant’s current working with children card or working with children check; or

(ii)if the applicant is a teacher registered under an education law of that jurisdiction, proof of the current registration under that law;

(iii)(Repealed)

(ga)in the case of an application to the New South Wales Regulatory Authority, the applicant’s working with children check number or a copy of the applicant’s current working with children card or working with children check;

(gb)in the case of an application to the Queensland Regulatory Authority, a copy of the applicant’s current working with children card or working with children check;

(gc)in the case of an application to the Tasmanian Regulatory Authority, a copy of the applicant’s working with vulnerable people registration;

(h)except in the case of an application made to the Queensland Regulatory Authority—

(i)a copy of the applicant’s current working with vulnerable people check; or

(ii)a criminal history record check issued not more than 6 months before the date of the application;

(i)if a criminal history record check has been provided under paragraph (h)(ii), a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check was issued until the application is made;

(j)if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

(k)a disciplinary proceedings statement made by the applicant;

(l)a bankruptcy declaration made by the applicant.

23   Application by person other than an individual for provider approval on incapacity of approved provider

An application for a provider approval made under section 40 of the Law by the legal personal representative or guardian of an approved provider must include the following information if the applicant is a person other than an individual—

(a)the applicant’s name and any trading or other name used by the applicant;

(b)the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the current approved provider’s full name and provider approval number;

(e)the proposed duration of the provider approval;

Note—

This period cannot exceed 6 months.

(f)documentary evidence of the legal status of the applicant and its constitution;

Example—

The partnership agreement for a partnership.

(g)a financial declaration regarding the applicant;

(h)for each individual who will be a person with management or control of an education and care service to be operated by the applicant, the information set out in regulation 22.

Part 2.2    Service approvals

Division 1 Applications for service approvals

24   Application for service approval—centre-based service

Subject to regulation 25A, an application under section 43 of the Law for a service approval for a centre-based service must include the following information—

(a)the applicant’s full name and—

(i)provider approval number; or

(ii)if the applicant has applied for a provider approval but the application has not been decided, the applicant’s contact details;

(b)the name of the proposed education and care service;

(c)the proposed date on which the education and care service will commence operation;

(d)if known, the contact details, including an after-hours telephone number, for the proposed education and care service;

(e)the proposed ages of children to be educated and cared for by the education and care service;

(f)the proposed maximum number of children to be educated and cared for by the education and care service;

(g)the proposed hours and days of operation of the education and care service;

(h)a description of the nature of the education and care service;

(ha)a description of any proposed regular transportation of children by or arranged by the education and care service;

(i)the details of any associated children’s service for which approval is sought;

(j)a statement that the applicant has prepared the policies and procedures referred to in regulation 168;

(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.

25   Additional information about proposed education and care service premises

(1)Subject to subregulation (2) and regulation 25A, in addition to the information referred to in regulation 24, an application for a service approval for a centre-based service must include the following information about the proposed education and care service premises—

(a)the location and street address of the proposed education and care service premises;

(b)plans prepared by a building practitioner of the proposed education and care service premises showing the following—

(i)the location of all buildings, structures, outdoor play areas and shaded areas;

(ii)the location of all entries and exits;

(iii)the location of all fences and gates, specifying the type of fence or gate used or to be used;

(iv)the location of toilet and washing facilities, nappy changing areas and any food preparation areas;

(v)the boundaries of the premises;

(vi)the landscape of, or landscaping plans for, outdoor spaces that will be used by the education and care service, specifying the natural environments that are or will be provided;

(vii)a floor plan indicating unencumbered indoor and outdoor spaces suitable for children;

(viii)the location of any associated children’s service;

(ix)calculations, carried out by a building practitioner, of the areas referred to in regulations 107 and 108 relating to unencumbered indoor and outdoor space;

(x)the elevation plans of the premises;

(ba)if the proposed education and care service premises will be located within a multi-storey building shared with other occupants—

(i)the total number of storeys in the building; and

(ii)the storey or storeys on which the premises will be located; and

(iii)if the premises will be located on more than one storey, the ages of the children who will attend on each storey;

(c)if a swimming pool or other water hazard is situated on the proposed education and care service premises, a copy of the service’s proposed water safety policy;

Note—

Restrictions on swimming pools apply in New South Wales and Tasmania.

(d)one of the following—

(i)a soil assessment for the site of the proposed education and care service premises;

(ii)if a soil assessment for the site of the proposed education and care service premises has previously been undertaken, a statement to that effect, specifying when the soil assessment was undertaken;

(iii)a statement made by the applicant that states that, to the best of the applicant’s knowledge the site history does not indicate that the site is likely to be contaminated in a way that poses an unacceptable risk to the health of children;

(e)a copy of the planning permit for the proposed education and care service premises if a planning permit is required under the planning and development law of the participating jurisdiction;

(f)a statement that the applicant has the right to occupy and use the premises and any document evidencing this;

Example—

A lease of the premises.

(g)unless the education and care service premises is a government or registered school, either—

(i)a copy of any occupancy permit, certificate of final inspection, building certificate, certificate of classification or building surveyor’s statement issued or given in respect of the final construction and fit out of the education and care service premises; or

(ii)a statement made by a building practitioner that states that the education and care service premises complies with building requirements under a building law or planning and development law of the participating jurisdiction;

(h)if the proposed premises has an approval in principle—

(i)the approval in principle number (if any); and

(ii)a statement made by the applicant that, to the best of the applicant’s knowledge, the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or specified in, the approval in principle.

(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.

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 for the 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);

(c)any of the information set out in regulation 25(1)(b), (ba), (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.

26   Application for service approval—family day care service

(1)An application under section 43 of the Law for a service approval for a family day care service must include the following information—

(a)the applicant’s full name and—

(i)provider approval number; or

(ii)if the applicant has applied for a provider approval but the application has not been decided, the applicant’s contact details;

(b)the name of the proposed family day care service;

(c)the proposed date on which the family day care service will commence operation;

(d)if known, the contact details, including after-hours telephone number, for the proposed principal office of the service;

(e)the proposed hours and days of operation of the family day care service including whether the service proposes to engage or register family day care educators who will provide overnight or weekend care;

(f)the proposed location and street address of the principal office of the family day care service;

(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.

(g)the proposed number of family day care educators expected to be engaged by or registered with the proposed family day care service within 6 months of commencement of the service;

(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;

(h)the proposed local government areas in which the family day care educators expected to be engaged by or registered with the proposed family day care service will provide education and care;

(i)the proposed number of family day care coordinators expected to be engaged by the proposed family day care service within 6 months of commencement of the service;

(j)a statement that the applicant has prepared the policies and procedures referred to in regulation 168;

(k)a copy of the proposed policies and procedures referred to in regulation 169;

(l)if the family day care service will permit a family day care residence or venue with a swimming pool or something that may constitute a water hazard, a copy of the service’s proposed water safety policy;

Note—

Swimming pools are prohibited in Tasmania for all education and care services.

(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

(ia)if the proposed family day care venue will be located within a multi-storey building shared with other occupants, the information specified in subregulation (3); 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)An assessment referred to in subregulation (1)(n)(iii) must consider the matters set out in regulation 116(2).

(3)For the purposes of subregulation (1)(n)(ia), the application must include the following information—

(a)the total number of storeys in the building;

(b)the storey or storeys on which the venue will be located;

(c)if the venue will be located on more than one storey, the ages of the children who will attend on each storey.

27   Additional matters to have regard to in determining application for service approval

In determining an application for a service approval under section 43 of the Law, the Regulatory Authority must have regard to the following matters—

(a)any suspension of the applicant’s provider approval;

(b)any conditions of the applicant’s provider approval;

(c)in the case of a proposed family day care venue or centre-based service to be located within a multi-storey building shared with other occupants, for each storey on which the venue or service is proposed to be located, whether there is direct egress to an assembly area to allow the safe evacuation of all children attending the venue or service, including non-ambulatory children.

Note—

See section 47(1)(g) of the Law.

28   Additional grounds for refusal to grant service approval

The Regulatory Authority may refuse to grant a service approval on the following grounds—

(a)the Regulatory Authority is not satisfied that the applicant is capable of operating the proposed service in a way that meets the requirements of the Law or these Regulations or the National Quality Standard;

Examples—

1The Regulatory Authority is not satisfied that the applicant is capable of maintaining premises or equipment or providing staff as required under the Law, whether because of financial or management capacity or another reason.

2The Regulatory Authority is not satisfied that the applicant is capable of assessing family day care venues or residences or monitoring family day care educators as required under the Law, whether because of financial or management capacity or another reason.

(b)in the case of a centre-based service, the Regulatory Authority is not satisfied that the applicant is entitled to occupy the education and care service premises.

Note—

See section 49(2) of the Law.

29   Condition on service approval—insurance

A service approval is granted subject to a condition that the approved provider must hold the following insurance in respect of the education and care service—

(a)a current policy of insurance providing adequate cover for the education and care service against public liability with a minimum cover of $10 000 000; or

(b)a policy of insurance or an indemnity against public liability provided by the Government of a State or Territory in respect of the education and care service.

Notes—

1See section 51(4) of the Law.

2See regulation 180 for the requirement to keep evidence of prescribed insurance.

30   Condition on service approval—family day care educator insurance

A service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that each family day care educator engaged by or registered with the service holds insurance against public liability with a minimum cover of $10 000 000.

Notes—

1See section 51(5) of the Law.

2See regulation 180 for the requirement to keep evidence of prescribed insurance.

31   Condition on service approval—quality improvement plan

A service approval is granted subject to the condition that the approved provider of the education and care service must ensure that the current quality improvement plan for the service—

(a)is kept at the education and care service premises or, in the case of a family day care service, the principal office of the family day care service; and

(b)is made available for inspection by the Regulatory Authority or an authorised officer; and

(c)is made available on request to parents of a child who is enrolled at the service or who are seeking to enrol a child at the service.

Notes—

1See section 51(5) of the Law.

2See regulations 55 and 56, which set out requirements for quality improvement plans.

32   Condition on service approval—entitlement to occupy premises

A service approval for a centre-based service is granted subject to the condition that the service continues to be entitled to occupy the education and care service premises.

Note—

See section 51(5) of the Law.

32A   Condition on service approval—maximum number of family day care educators

A 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.

33   Annual fees

The approved provider of an education and care service must pay the relevant prescribed annual fee for the service approval on or before 1 July in each year.

Note—

Divisions 2 and 3 of Part 6.3 provide for the calculation of prescribed annual fees.

Division 2 Amendment of service approval and notice of change to nominated supervisor

34   Prescribed information for application to amend service approval

(1)An application under section 54 of the Law for an amendment of a service approval must include the following information—

(a)the name of the education and care service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the details of the amendment applied for;

(e)sufficient information or documentation to support the application for amendment;

(f)if the application includes a request for approval of a place as a family day care venue for the service—

(i)the location and street address of the family day care venue; and

(ia)whether the family day care venue is proposed to be located within a multi-storey building shared with other occupants and, if so, the additional information specified in subregulation (1A); 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.

(1A)For the purposes of subregulation (1)(f)(ia), the additional information to be included in an application is—

(a)the total number of storeys in the multi-storey building; and

(b)the storey or storeys on which the venue is proposed to be located; and

(c)if the venue is proposed to be located on more than one storey, the ages of the children who will attend on each storey.

(2)An assessment referred to in subregulation (1)(f)(iii) must consider the matters set out in regulation 116(2).

35   Notice of addition of new nominated supervisor

A notice under section 56 of the Law to add a new nominated supervisor of an education and care service must include the following information—

(a)the name of the education and care service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the full name and contact details of the new nominated supervisor;

(e), (f) (Repealed)

(g)the date on which the new nominated supervisor commences or commenced work as a nominated supervisor.

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.

Division 3 Transfer of service approval

36   Notice of transfer of service approval—centre-based service

A notice under section 59 of the Law of a transfer of a service approval for a centre-based service must include the following information—

(a)the name of the education and care service;

(b)the service approval number;

(c)the transferring approved provider’s—

(i)name and contact details; and

(ii)provider approval number;

(d)the receiving approved provider’s—

(i)name and contact details; and

(ii)provider approval number;

(e)the date on which the transfer is intended to take effect;

(f)the details of any proposed changes in relation to the information required to be provided under regulations 24 and 25.

37   Notice of transfer of service approval—family day care service

A notice under section 59 of the Law of a transfer of a service approval for a family day care service must include the following information—

(a)the name of the family day care service;

(b)the service approval number;

(c)the transferring approved provider’s—

(i)name and contact details; and

(ii)provider approval number;

(d)the receiving approved provider’s—

(i)name and contact details; and

(ii)provider approval number;

(e)the date on which the transfer is intended to take effect;

(f)the details of any proposed changes to the information required to be provided under regulation 26.

38   Notification of decision to intervene in transfer of service approval

A notification under section 62(2) of the Law of the decision to intervene in the transfer of a service approval must include the following information—

(a)the name of the education and care service;

(b)the service approval number;

(c)the name of the transferring approved provider;

(d)the name of the receiving approved provider;

(e)the matters about which the Regulatory Authority is concerned.

Division 4 Suspension of service approval

39   Maximum period of suspension of service approval

The prescribed maximum period of suspension of a service approval under sections 72(b)(i) and 79(1)(a)(ii) of the Law is 12 months.

40   Application for voluntary suspension of service approval

An application under section 85 of the Law for the suspension of a service approval must include the following information—

(a)the name of the education and care service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the reasons for the suspension;

(e)the date on which the suspension is proposed to take effect and the duration of the suspension;

(f)a statement indicating that the approved provider has notified the parents of children enrolled at the education and care service and any associated children’s service in accordance with section 85(4) of the Law.

Division 5 Service waiver

41   Service waiver—prescribed regulations

The regulations prescribed for the purposes of section 87(1) of the Law are—

(a)regulations 104, 107, 108 and 110; and

(b)in the case of a centre-based service, any provision in Division 2 of Part 4.3 and regulations 120, 123, 126 and 130 to 134; and

(c)in the case of a family day care service, regulations 72A, 117, 124, 127 and 128; and

(d)any provision in Chapter 7 that applies in place of a provision referred to in paragraphs (a) to (c).

42   Prescribed information—application for service waiver

An application under section 87 of the Law for a service waiver must include the following information—

(a)the name of the education and care service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)a statement that specifies—

(i)the regulations in relation to which a service waiver is sought; and

(ii)the way in which the education and care service does not or will not comply with the specified regulations;

(e)if the education and care service is unable to comply with the specified regulations—

(i)the reasons that the education and care service is unable to comply; and

(ii)details and evidence of any attempts made to comply with the specified regulations;

(f)in any other case, the reasons that the education and care service seeks the service waiver;

(g)the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the service while the service waiver is in force.

Note—

See section 88 of the Law.

43   Prescribed period—revocation of service waiver

(1)For the purposes of section 92(3) of the Law, the prescribed period in relation to a revocation of a service waiver under section 92(1) of the Law is—

(a)14 days after the Regulatory Authority notifies the approved provider of the decision to revoke; or

(b)if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.

(2)For the purposes of section 92(3) of the Law, the prescribed period in relation to a revocation of a service waiver under section 92(2) of the Law, is—

(a)14 days after the Regulatory Authority notifies the approved provider of the approval of the application; or

(b)if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.

Division 6 Temporary waiver

44   Temporary waiver—prescribed regulations

The regulations prescribed for the purposes of section 94(1) of the Law are—

(a)regulations 104, 107, 108 and 110; and

(b)in the case of a centre-based service, any provision in Division 2 of Part 4.3 and regulations 120, 123, 126, 130 to 134 and 136; and

(c)in the case of a family day care service, regulations 72A, 117, 124, 127, 128 and 136; and

(d)any provision in Chapter 7 that applies in place of a provision referred to in paragraphs (a) to (c).

45   Application for temporary waiver

An application under section 94 of the Law for a temporary waiver must include the following information—

(a)the name of the education and care service;

(b)the service approval number;

(c)the name and contact details of the contact person for the purposes of the application;

(d)a statement that specifies—

(i)the regulations in relation to which a temporary waiver is sought; and

(ii)the way in which the education and care service does not or will not comply with the specified regulations;

(e)the reasons that the education and care service is unable to comply with the specified regulations;

(f)details and evidence of any attempts made to comply with the specified regulations;

(g)the period for which a temporary waiver is sought and the reasons for seeking that period;

Note—

This period cannot exceed 12 months.

(h)details of steps that are being or will be taken in order to comply with the specified regulations;

(i)the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the education and care service while the temporary waiver is in force.

Note—

See section 95 of the Law.

Part 2.3    Premises approvals in principle

46   Application for approval in principle of proposed premises

An application under section 106 of the Law for the approval in principle of proposed education and care service premises must include the following information—

(a)if the applicant is an individual—

(i)the applicant’s full name; and

(ii)any former or other name the applicant may be known by; and

(iii)proof of the applicant’s identity;

(b)if the applicant is a person other than an individual—

(i)the applicant’s name; and

(ii)any trading or other name used by the applicant; and

(iii)documentary evidence of the legal status of the applicant and its constitution;

Example—

The partnership agreement for a partnership.

(c)the applicant’s ABN (if any);

(d)the applicant’s provider approval number (if any);

(e)if the applicant does not have a provider approval number, whether the applicant has applied for a provider approval but the application has not been decided;

Note—

A provider approval is not required for an application for an approval in principle.

(f)the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;

(g)the name and contact details of the contact person for the purposes of the application;

(h)the location and street address of the proposed education and care service premises;

(i)a description of the land on which the proposed education and care service premises will be located;

Example—

Lot and plan numbers on the certificate of title.

(j)a soil assessment for the site of the proposed education and care service premises;

(k)plans prepared by a building practitioner showing—

(i)all possible evacuation routes from each storey of the proposed education and care service premises; and

(ii)the assembly area proposed to be used in an emergency evacuation of the proposed education and care service premises;

(l)a description of—

(i)any other occupants or proposed occupants of the building in which the premises are proposed to be located; and

(ii)the types of any enterprises operating from properties within 50 metres of the proposed education and care service premises;

Example—

A supermarket.

(m)a plan showing the direct sunlight to be received by the proposed education and care service premises between 9:00 am and 3:00 pm on the winter solstice and the summer solstice.

47   Application for amendment of approval in principle

An application under section 115 of the Law for an amendment of an approval in principle must include the following information—

(a)the approval in principle number (if any);

(b)the name of the approval in principle holder;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the location and street address of the proposed education and care service premises;

(e)a description of the land on which the proposed education and care service premises will be located;

Example—

Lot and plan numbers on the certificate of title.

(f)the details of the amendment applied for;

(g)any plans prepared by a building practitioner that are relevant to the amendment applied for.

48   Notice of transfer of approval in principle

A notice under section 118 of the Law of a transfer of an approval in principle must include the following information—

(a)the approval in principle number (if any);

(b)the name of the transferring approval in principle holder;

(c)the name and contact details of the contact person for the transferring approval in principle holder for the purposes of the transfer;

(d)the location and street address of the proposed education and care service premises;

(e)a description of the land on which the proposed education and care service premises will be located;

Example—

Lot and plan numbers on the certificate of title.

(f)if the receiving approval in principle holder is an individual—

(i)the individual’s full name; and

(ii)any former or other name the individual may be known by; and

(iii)proof of the individual’s identity;

(g)if the receiving approval in principle holder is a person other than an individual—

(i)the person’s name; and

(ii)any trading or other name used by the person; and

(iii)documentary evidence of the legal status of the person and its constitution;

Example—

The partnership agreement for a partnership.

(h)the receiving approval in principle holder’s ABN (if any);

(i)the receiving approval in principle holder’s address and postal address or, if there is more than one address, the street address and postal address of the receiving approval in principle holder’s principal office;

(j)the name and contact details of the contact person for the receiving approval in principle holder for the purposes of the transfer.

49   Application to extend approval in principle

An application under section 124 of the Law to extend an approval in principle must include the following information—

(a)the approval in principle number (if any);

(b)the name of the approval in principle holder;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the location and street address of the proposed education and care service premises;

(e)a description of the land on which the proposed education and care service premises will be located;

Example—

Lot and plan numbers on the certificate of title.

(f)the estimated date of completion of the construction, alteration or repair of the proposed education and care service premises;

(g)details of any proposed application for a service approval in respect of the proposed education and care service premises, including—

(i)the name of the approved provider (if any); and

(ii)the provider approval number (if any); and

(iii)the estimated date by which the application for a service approval will be made.

50   Application to reinstate approval in principle

An application under section 125 of the Law to reinstate an approval in principle must include the following information—

(a)the approval in principle number (if any);

(b)the name of the approval in principle holder at the time of the expiry of the approval in principle;

(c)the name and contact details of the contact person for the purposes of the application;

(d)the location and street address of the proposed education and care service premises;

(e)a description of the land on which the proposed education and care service premises will be located;

Example—

Lot and plan numbers on the certificate of title.

(f)the estimated date of completion of the construction, alteration or repair of the proposed education and care service premises;

(g)details of any proposed application for a service approval in respect of the proposed education and care service premises, including—

(i)the name of the approved provider (if any); and

(ii)the provider approval number (if any); and

(iii)the estimated date by which the application for a service approval will be made.

51   [Repealed]

52   [Repealed]

53   [Repealed]

54   [Repealed]

Chapter 3    Assessments and ratings

Guide to Chapter 3

This Chapter outlines the assessment and ratings process for an education and care service and applies to all education and care services.

Part 3.1 sets out the requirements for preparation and review of quality improvement plans.

Part 3.2 sets out the different rating levels that may be given to an education and care service and the method used to determine a rating.

Part 3.3 deals with assessments.

Division 1 sets out the process for making assessments of approved education and care services and determining ratings, including the matters that the Regulatory Authority must consider.

Division 2 sets out the process for applying for reassessment of an education and care service.

Part 3.4 deals with reviews of ratings.

Division 1 sets out the process for applying for a review of a rating of an education and care service by the Regulatory Authority.

Division 2 sets out the process for applying for a further review of a rating of an education and care service by a rating review panel.

Part 3.5 sets out the process by which the approved provider of an education and care service, if eligible, may apply for the highest rating.

Part 3.6 sets out offences relating to falsely representing ratings.

Part 3.1    Quality improvement plans

55   Quality improvement plans

(1)The approved provider of an education and care service must ensure that, within 3 months of the grant of the service approval, a quality improvement plan is prepared for the service that—

(a)includes an assessment by the provider of the quality of the practices of the service against the National Quality Standard and these Regulations; and

(b)identifies any areas that the provider considers may require improvement; and

(c)contains a statement of the philosophy of the service.

(2)The approved provider must submit the quality improvement plan to the Regulatory Authority on request.

Note—

A compliance direction may be issued for failure to comply with subregulation (1).

56   Review and revision of quality improvement plans

(1)The approved provider of an education and care service must review and revise the quality improvement plan for the service having regard to the National Quality Standard—

(a)at least annually; and

(b)at any time when directed by the Regulatory Authority.

(2)The approved provider must submit the current quality improvement plan to the Regulatory Authority on request.

Note—

See regulation 31 for the conditions on the service approval requiring the current quality improvement plan to be kept available.

Part 3.2    Prescribed rating levels

57   Rating levels

For the purposes of section 134(1) of the Law, the prescribed rating levels are—

(a)Significant Improvement Required;

(b)Working Towards National Quality Standard;

(c)Meeting National Quality Standard;

(d)Exceeding National Quality Standard (the second highest rating level);

Note—

The second highest rating level is referred to in section 152(5) of the Law.

(e)Excellent rating (the highest rating level).

Note—

The criteria for an excellent rating are determined by the National Authority. See section 153 of the Law.

58   Prescribed provisional rating

For the purposes of section 133(2) of the Law, the prescribed provisional rating is Provisional—Not Yet Assessed under the National Quality Framework.

59   Significant Improvement Required

(1)A Significant Improvement Required rating may be given for a quality area stated in the National Quality Standard if the education and care service does not meet that quality area or a relevant regulation for that quality area in a way that the Regulatory Authority is satisfied constitutes a significant risk to the safety, health or wellbeing of any child or children being educated and cared for by the service.

(2)If an education and care service has a Significant Improvement Required rating for any quality area stated in the National Quality Standard, the overall rating of the service is to be Significant Improvement Required.

60   Working Towards National Quality Standard

(1)A Working Towards National Quality Standard rating may be given for a quality area stated in the National Quality Standard if the education and care service does not meet a standard in that quality area or a relevant regulation for that quality area but is not rated as Significant Improvement Required.

(2)If an education and care service has a Working Towards National Quality Standard rating for any quality area stated in the National Quality Standard but does not have a Significant Improvement Required rating for any quality area, the overall rating of the service is to be Working Towards National Quality Standard.

61   Meeting National Quality Standard

(1)A Meeting National Quality Standard rating may be given for a quality area stated in the National Quality Standard if the education and care service meets the standards and relevant regulations for that quality area.

(2)If an education and care service has a rating for each quality area stated in the National Quality Standard that is Meeting National Quality Standard or Exceeding National Quality Standard but does not satisfy the requirements of regulation 62 for an overall Exceeding National Quality Standard rating, the overall rating of the service is to be Meeting National Quality Standard.

62   Exceeding National Quality Standard

(1)Subject to subregulation (2), an Exceeding National Quality Standard rating may be given for a quality area stated in the National Quality Standard if the education and care service exceeds the standards for that quality area and complies with the relevant regulations for that quality area.

(2)An Exceeding National Quality Standard rating may only be given for the educational program and practice quality area of the National Quality Standard for an education and care service that educates and cares for children who are in the year that is 2 years before grade 1 of school if the service either—

(a)provides a preschool program; or

(b)has a documented arrangement with an approved provider of another education and care service to provide a preschool program and informs parents of this arrangement.

(3)The overall rating of an education and care service is to be Exceeding National Quality Standard if—

(a)the education and care service has an Exceeding National Quality Standard rating for all quality areas stated in the National Quality Standard; or

(b)the education and care service has—

(i)an Exceeding National Quality Standard rating for 4 or more quality areas stated in the National Quality Standard at least 2 of which are among the following quality areas—

(A)educational program and practice;

(B)relationships with children;

(C)collaborative partnerships with families and communities;

(D)leadership and service management; and

(ii)a Meeting National Quality Standard rating for each other quality area stated in the National Quality Standard.

Part 3.3    Assessment

Division 1 Assessment

63   Assessing approved education and care services

(1)Subject to subregulation (3), for the purposes of assessing an approved education and care service under section 133(1) of the Law, the Regulatory Authority—

(a)must consider—

(i)the current quality improvement plan for the service; and

(ii)any rating assessment history of the service, including any records of previous rating assessments made under the Law; and

(iii)the service’s history of compliance—

(A)with the Law as it applies in any participating jurisdiction in which the service operates; and

(B)in the period of 3 years preceding 1 January 2012, with a former education and care services law of a participating jurisdiction in which the service operates or has operated; and

Note—

The date specified in sub-subparagraph (B) does not apply in Western Australia. The applicable date in Western Australia is 1 August 2012—see regulation 63(1)(a)(iii)(B) of the Education and Care Services National Regulations 2012 of Western Australia.

(C)with an education law of a participating jurisdiction in which the service operates or has operated; and

(D)with a children’s services law of a participating jurisdiction in which the service operates or has operated; and

(b)must arrange for a site visit by an authorised officer—

(i)in the case of a centre-based service, of the education and care service premises; and

(ii)in the case of a family day care service, of one or more approved family day care venues or family day care residences.

(2)In addition to subregulation (1), the Regulatory Authority may consider the following—

(a)any relevant information disclosed to the Regulatory Authority by—

(i)a government department, public authority or local authority under section 271 of the Law; or

(ii)the Regulatory Authority of another participating jurisdiction under section 271 of the Law as applying in that jurisdiction or a person acting for that Authority; or

(iii)the relevant Commonwealth Department or a person acting for the relevant Commonwealth Department;

(b)any information available to the Regulatory Authority about any steps taken by the approved education and care service to rectify any matters identified during the rating assessment;

(c)information relating to any other quality assurance or registration process under an education law applicable to the approved education and care service;

(d)in the case of an education and care service that provides education and care to children in the year that is 2 years before grade 1 of school, whether the service facilitates access to a preschool program as set out in regulation 62(2).

(3)This regulation does not apply to a reassessment of an education and care service or an aspect or element of an education and care service under section 138 or 139 of the Law.

Note—

See Division 2 of this Part.

64   Matters for determination of rating

In determining a rating level under section 135 of the Law, the matters the Regulatory Authority may have regard to include the following—

(a)any matters that may be considered under regulation 63; and

(b)in the case of a reassessment and re-rating on application under section 139 of the Law, any information included in that application.

65   Assessment and rating of new education and care services

On being granted a service approval, an education and care service is rated as Provisional—Not Yet Assessed under the National Quality Framework.

Note—

See section 133(2) of the Law.

Division 2 Reassessment

66   Application for reassessment

An application under section 139 of the Law for a reassessment and re-rating of an approved education and care service must include the following information—

(a)the name of the education and care service;

(ii)at least part-time and continuously as a staff member at a licensed children’s service or outside school hours care service for a period of at least 10 years immediately preceding 25 May 2009; and

(b)before the scheme commencement day completed a professional development course approved by the Secretary under the Children’s Services Regulations 2009 of Victoria.

Subdivision 2 Family day care services

365   [Repealed]

366   Qualifications for family day care educators—saving of existing experience and qualifications

Regulation 127 does not apply in relation to a family day care educator who—

(a)had been employed—

(i)full-time and continuously as a family day carer as part of a family day care service for a period of at least 5 years immediately preceding 25 May 2009; or

(ii)at least part-time and continuously as a family day carer as part of a family day care service for a period of at least 10 years immediately preceding 25 May 2009; and

(b)before the scheme commencement day, had completed a professional development course approved by the Secretary under the Children’s Services Regulations 2009 of Victoria.

Part 7.9    Western Australia—specific provisions

Division 1 Application of Part 7.9

367   Application of Part 7.9

This Part applies to Western Australia.

368   Definitions

In this Part—

kindergarten programme has the same meaning as it has in the School Education Regulations 2000 of Western Australia;

pre-kindergarten programme means an educational programme provided by a school for children aged 36 months and over before the pre-compulsory education period within the meaning of the School Education Act 1999 of Western Australia;

pre-primary programme has the same meaning as it has in the School Education Regulations 2000 of Western Australia;

preschool means an education and care service that is a preschool program provided by a school or a community kindergarten;

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;

school means a school or community kindergarten established or registered pursuant to the School Education Act 1999 of Western Australia;

secondary programme has the same meaning as it has in the School Education Regulations 2000 of Western Australia.

Note—

The Education and Care Services National Regulations 2012 of Western Australia include the following regulation 368A—

“368AExceeding 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).”.

Division 2 Minimum number of educators and qualifications required—children over preschool age

369   Educator to child ratios—children over preschool age

(1)This regulation applies in place of regulation 123(1)(d).

(2)The educator to child ratios for children over preschool age are set out in column 3 of the following Table.

Age group	Number of children	Number of educators	Number of qualified educators
Over preschool age (no preschool child attending session)	1–10 children	1	1
	11–26 children	2	1
	27–39 children	3	1
	40–52 children	4	2
	53–65 children	5	2
	66–78 children	6	2
	79–91 children	7	3
	92–104 children	8	3
	105–117 children	9	3
	118–130 children	10	4
	131–143 children	11	4
Over preschool age (at least one preschool child attending session)	1–10 children	1	1
	11–20 children	2	1
	21–30 children	3	1
	31–40 children	4	2
	41–50 children	5	2
	51–60 children	6	2
	61–70 children	7	3
	71–80 children	8	3
	81–90 children	9	3
	91–100 children	10	4
	101–110 children	11	4

370   General qualification requirements for educators—children over preschool age

(1)This regulation sets out the qualification requirement for educators at a centre-based service educating and caring for children over pre-school age for the purposes of regulation 126(2).

(2)The number of educators at the service who are required to be qualified educators is the relevant number set out in column 4 of the Table to regulation 369 in relation to the service.

(3)In subregulation (2)—

qualified educator means a person who holds a qualification published under regulation 137(2) in the list of approved qualifications for educators working with children over preschool age for Western Australia.

Division 3 Minimum number of educators and qualifications required—centre-based services—children preschool age or under

371   [Repealed]

372   Educator to child ratio—pre-kindergarten programme or kindergarten programme provided by a school

(1)This regulation applies in place of regulation 123(1)(c) on and after 1 January 2016 to a pre-kindergarten programme or kindergarten programme provided by a school.

(2)The educator to child ratio is 1 educator to 10 children.

(3)Despite subregulation (2), the educator to child ratio may be increased to 1 educator to 11 children—

(a)in exceptional circumstances; or

(b)for a period not exceeding one year.

373   Early childhood teachers—pre-kindergarten programme or kindergarten programme provided by a school

(1)This regulation applies in place of regulations 130 to 134 in relation to a pre-kindergarten programme or kindergarten programme provided by a school.

(2)One early childhood teacher is required for every 30 children being educated and cared for by the programme.

(3)Despite subregulation (2), the requirement for an early childhood teacher may be 1 early childhood teacher to a maximum of 33 children—

(a)in exceptional circumstances; or

(b)for a period not exceeding one year.

(4)An early childhood teacher, or a suitably qualified person if regulation 133 or 134 would otherwise apply, must be in attendance at all times that children are being educated and cared for by the programme.

Division 3A Additional ongoing requirements

373A   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.

Division 4 Transitional provisions—staffing arrangements

Subdivision 1 Centre-based services

374   [Repealed]

375   [Repealed]

376   [Repealed]

377   [Repealed]

378   [Repealed]

379   Educators required to be early childhood teachers

(1)(Repealed)

(2)Regulations 133(1)(b) and 134(1)(b) do not apply to a centre-based service until 1 January 2020.

(3)This regulation does not apply to a pre-kindergarten programme or kindergarten programme provided by a school.

Subdivision 2 Family day care services

380   [Repealed]

381   [Repealed]

382   [Repealed]

Division 5 Saving provision—physical environment

383   Saving provision—education and care services provided by a school

(1)Subject to subregulation (4), this regulation applies to a declared approved service or a declared out of scope service that is a pre-kindergarten programme or kindergarten programme that was operating immediately before the scheme commencement day.

(2)Regulations 107, 108 and 115 do not apply to the service.

(3)For the purpose of a rating assessment under Part 5 of the Law, the service is taken to comply with regulations 107, 108 and 115.

(4)This regulation ceases to apply if—

(a)the service approval is transferred to an approved provider that is not a school; or

(b)the service ceases to be provided by a school on a school site.

Note—

See also Division 7 of Part 7.1.

Note 2—

The Education and Care Services National Regulations 2012 of Western Australia include the following regulations 384 and 385—

“384Monetary 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 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).

385Proceedings under former education and care services law

The Regulatory Authority may commence or continue proceedings under section 29 of the Child Care Services Act 2007 of Western Australia in 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.”.

Part 7.10    Transitional and savings provisions—Education and Care Services National Amendment Regulations 2017

Division 1 General

384   [Repealed]

Division 2 Australian Capital Territory

385   [Repealed]

386   [Repealed]

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   [Repealed]

390   [Repealed]

Division 5 Tasmania

391   [Repealed]

392   [Repealed]

Division 6 Western Australia

393   [Repealed]

394   [Repealed]

Part 7.11    Transitional and savings provisions—Education and Care Services National Further Amendment Regulations 2017

395   Definition

(1)In this Part—

commencement day means 1 February 2018.

(2)For the purposes of this Part, an assessment or a reassessment and re-rating is finalised when the National Authority publishes the rating level for the service under section 160 of the Law.

396   Quality improvement plan held prior to commencement day

A quality improvement plan that, immediately before the commencement day, was a current quality improvement plan for an approved education and care service continues, on and after the commencement day, to be a current quality improvement plan for the service for the purposes of these Regulations until the earlier of the following—

(a)the approved provider for the service next reviews and revises the plan under regulation 56(1)(a);

(b)the approved provider for the service reviews and revises the plan at the direction of the Regulatory Authority under regulation 56(1)(b).

397   Assessments commenced prior to commencement day

If, immediately before the commencement day, the Regulatory Authority had commenced but not finalised an assessment of an education and care service under section 133(1) of the Law, the Regulatory Authority must, on and after the commencement day, continue to conduct the assessment against the National Quality Standard as in force immediately before the commencement day.

398   Reassessment or partial reassessment commenced prior to commencement day

(1)This regulation applies to an approved education and care service if, immediately before the commencement day—

(a)the Regulatory Authority had commenced but not finalised a reassessment and re-rating of the education and care service or a reassessment and re-rating of an aspect or element of the education and care service under section 138 of the Law; or

(b)the Regulatory Authority had decided to commence but had not commenced a reassessment and re-rating of the education and care service or a reassessment and re-rating of an aspect or element of the education and care service on an application under section 139 of the Law.

(2)Any reassessment and re-rating of the service must, on and after the commencement day, be conducted against the National Quality Standard as in force immediately before the commencement day.

399   Partial reassessment between the commencement day and the relevant day

(1)This regulation applies to an approved education and care service that has not been assessed and rated, or reassessed and rerated, against the National Quality Standard as in force on and after the commencement day.

(2)Any reassessment and re-rating of an aspect or element of the education and care service conducted by the Regulatory Authority under section 138 of the Law or on an application under section 139 of the Law on or after the commencement day but before the relevant day must be conducted against the National Quality Standard as in force immediately before the commencement day, whether the reassessment was commenced or the application made before, on or after the commencement day.

(3)In this regulation, relevant day means—

(a)in relation to an approved education and care service that was assessed and rated before the commencement day, the day that is 6 months after the commencement day; or

(b)in relation to an approved education and care service that was assessed and rated after the commencement day, the day that is 6 months after the day on which the rating for the service is published under section 160 of the Law.

400   Suspension of initial assessment or reassessment commenced prior to commencement day

(1)This regulation applies to an approved education and care service if—

(a)before the commencement day, the Regulatory Authority had commenced—

(i)an assessment of the service under section 133(1) of the Law; or

(ii)a reassessment and re-rating of the service under section 138 or on an application under section 139 of the Law; and

(b)the assessment or reassessment and re-rating was suspended under section 137(1) of the Law, whether that suspension occurred before, on or after the commencement day; and

(c)the suspension is lifted on or after the commencement day.

(2)The Regulatory Authority must, on and after the commencement day, assess or reassess the approved education and care service against the National Quality Standard as in force on and after the commencement day.

401   Suspension of partial reassessment commenced prior to commencement day

(1)This regulation applies to an approved education and care service if—

(a)the Regulatory Authority had commenced conducting a reassessment and re-rating of an aspect or element ofthe service before the commencement day; and

(b)the reassessment and re-rating was suspended under section 137(1) of the Law, whether that suspension occurred before, on or after the commencement day; and

(c)the suspension is lifted on or after the commencement day.

(2)The Regulatory Authority must, on and after the commencement day, continue to conduct a reassessment against the National Quality Standard as in force immediately before the commencement day.

402   Prescribed provisional rating level held prior to commencement day

If, immediately before the commencement day, an approved education and care service held a prescribed provisional rating level, the service continues, on and after the commencement day, to hold that rating level for the purposes of the Law unless or until the service is assessed under section 133(1) of the Law and rated under section 135 of the Law.

403   Prescribed rating level held prior to commencement day

If, immediately before the commencement day, an approved education and care service held a prescribed rating level, the service continues, on and after the commencement day, to hold that rating level for the purposes of the Law unless or until the service—

(a)is assessed under section 133(1) of the Law and rated under section 135 of the Law; or

(b)is reassessed and re-rated under section 138 of the Law or on an application under section 139 of the Law; or

(c)is awarded the highest rating level under section 155 of the Law.

Part 7.12    Transitional and savings provisions—Education and Care Services National Amendment Regulations 2019

Division 1 Australian Capital Territory

404   [Repealed]

405   [Repealed]

Division 2 Queensland

406   [Repealed]

407   [Repealed]

Division 3 Tasmania

408   [Repealed]

409   [Repealed]

Division 4 Western Australia

410   [Repealed]

411   [Repealed]

Part 7.13    Transitional and savings provisions—Education and Care Services National Amendment Regulations 2021

Division 1 General transitional and savings provision

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

The amendment made to regulation 173 by the Education and Care Services National Amendment Regulations 2021 only applies to an approved provider if the provider is issued a certificate referred to in regulation 173(3) on or after 30 July 2021.

Division 2 Northern Territory

413   Application of Division

This Division applies to the Northern Territory.

414   Transportation of and taking children from education and care service premises

The amendments made to regulations 99(4), 102(4), 102D(4), 160(3)(b) and 161 by the Education and Care Services National Amendment Regulations 2021 do not apply until 31 December 2021.

Part 7.14    Transitional and savings provisions—Education and Care Services National Amendment Regulations 2023

Division 1 General

415   Family day care educator qualifications

(1)Regulation 127, as amended by the Education and Care Services National Amendment Regulations 2023, does not apply until 1 July 2024 in respect of a family day care educator who, immediately before 1 July 2023, was actively working towards at least an approved certificate III level education and care qualification.

(2)This regulation does not apply in South Australia.

Part 7.15    Transitional and savings provisions—Education and Care Services National Further Amendment Regulations 2023

416   First aid qualifications

Regulation 136(4A), as inserted by the Education and Care Services National Further Amendment Regulations 2023, does not apply until 1 April 2024.

Schedule 1 National Quality Standard

Notes—

1The National Quality Standard is used to assess education and care services to determine rating levels under Part 5 of the Law.

2The Regulatory Authority may suspend a service approval if an education and care service has operated at a rating level as not meeting the National Quality Standard and there has been no improvement in that rating level and a service waiver or temporary waiver does not apply to the service in relation to the non-compliance—see section 70(d) of the Law.

3To determine whether and at what rating level an education and care service meets the National Quality Standard and the requirements of these regulations, Part 5 of the Law provides that the Regulatory Authority that granted the service approval for the service may assess the service in accordance with these Regulations.

Quality area 1—Educational program and practice

The educational program and practice is stimulating, engaging and enhances children’s learning and development. In services for children over preschool age the program nurtures the development of life skills and complements children’s experiences, opportunities and relationships at school, at home and in the community.

Standard 1.1—Program
The educational program enhances each child’s learning and development.

Element 1.1.1—Approved learning framework
Curriculum decision-making contributes to each child’s learning and development outcomes in relation to that child’s identity, connection with community, wellbeing, confidence as learners and effectiveness as communicators.

Element 1.1.2—Child-centred
Each child’s current knowledge, strengths, ideas, culture, abilities and interests are the foundation of the program.

Element 1.1.3—Program learning opportunities
All aspects of the program, including routines, are organised in ways that maximise opportunities for each child’s learning.

Standard 1.2—Practice
Educators facilitate and extend each child’s learning and development.

Element 1.2.1—Intentional teaching
Educators are deliberate, purposeful, and thoughtful in their decisions and actions.

Element 1.2.2—Responsive teaching and scaffolding
Educators respond to children’s ideas and play and extend children’s learning through open-ended questions, interactions and feedback.

Element 1.2.3—Child-directed learning
Each child’s agency is promoted, enabling them to make choices and decisions and influence events and their world.

Standard 1.3—Assessment and planning
Educators and co-ordinators take a planned and reflective approach to implementing the program for each child.

Element 1.3.1—Assessment and planning cycle
Each child’s learning and development is assessed or evaluated as part of an ongoing cycle of observation, analysing, learning, documentation, planning, implementation and reflection.

Element 1.3.2—Critical reflection
Critical reflection on children’s learning and development, both as individuals and in groups, drives program planning and implementation.

Element 1.3.3—Information for families
Families are informed about the program and their child’s progress.

Quality area 2—Children’s health and safety

Every child’s health and wellbeing is safeguarded and promoted.

Standard 2.1—Health
Each child’s health and physical activity is supported and promoted.

Element 2.1.1—Wellbeing and comfort
Each child’s wellbeing and comfort is provided for, including appropriate opportunities to meet each child’s need for sleep, rest and relaxation.

Element 2.1.2—Health practices and procedures
Effective illness and injury management and hygiene practices are promoted and implemented.

Element 2.1.3—Healthy lifestyle
Healthy eating and physical activity are promoted and appropriate for each child.

Standard 2.2—Safety
Each child is protected.

Element 2.2.1—Supervision
At all times, reasonable precautions and adequate supervision ensure children are protected from harm and hazard.

Element 2.2.2—Incident and emergency management
Plans to effectively manage incidents and emergencies are developed in consultation with relevant authorities, practised and implemented.

Element 2.2.3—Child protection
Management, educators and staff are aware of their roles and responsibilities to identify and respond to every child at risk of abuse or neglect.

Quality area 3—Physical environment

The physical environment is safe, suitable and provides a rich and diverse range of experiences which promote children’s learning and development.

Standard 3.1—Design
The design and location of the premises is appropriate for the operation of a service.

Element 3.1.1—Fit for purpose
Outdoor and indoor spaces, buildings, fixtures and fittings are suitable for their purpose, including supporting the access of every child.

Element 3.1.2—Upkeep
Premises, furniture and equipment are safe, clean and well maintained.

Standard 3.2—Use
The service environment is inclusive, promotes competence and supports exploration and play-based learning.

Element 3.2.1—Inclusive environment
Outdoor and indoor spaces are organised and adapted to support every child’s participation and to engage every child in quality experiences in both built and natural environments.

Element 3.2.2—Resources support play-based learning
Resources, materials and equipment allow for multiple uses, are sufficient in number, and enable every child to engage in play-based learning.

Element 3.2.3—Environmentally responsible
The service cares for the environment and supports children to become environmentally responsible.

Quality area 4—Staffing arrangements

Staffing arrangements create a safe and predictable environment for children and support warm, respectful relationships. Qualified and experienced educators and co-ordinators encourage children’s active engagement in the learning program. Positive relationships among educators, co-ordinators and staff members contribute to an environment where children feel emotionally safe, secure and happy.

Standard 4.1—Staffing arrangements
Staffing arrangements enhance children’s learning and development.

Element 4.1.1—Organisation of educators
The organisation of educators across the service supports children’s learning and development.

Element 4.1.2—Continuity of staff
Every effort is made for children to experience continuity of educators at the service.

Standard 4.2—Professionalism
Management, educators and staff are collaborative, respectful and ethical.

Element 4.2.1—Professional collaboration
Management, educators and staff work with mutual respect and collaboratively, and challenge and learn from each other, recognising each other’s strengths and skills.

Element 4.2.2—Professional standards
Professional standards guide practice, interactions and relationships.

Quality area 5—Relationships with children

Relationships that are responsive, respectful and promote children’s sense of security and belonging free them to explore the environment and engage in learning.

Standard 5.1—Relationships between educators and children
Respectful and equitable relationships are maintained with each child.

Element 5.1.1—Positive educator to child interactions
Responsive and meaningful interactions build trusting relationships which engage and support each child to feel secure, confident and included.

Element 5.1.2—Dignity and rights of the child
The dignity and rights of every child are maintained.

Standard 5.2—Relationships between children
Each child is supported to build and maintain sensitive and responsive relationships.

Element 5.2.1—Collaborative learning
Children are supported to collaborate, learn from and help each other.

Element 5.2.2—Self-regulation
Each child is supported to regulate their own behaviour, respond appropriately to the behaviour of others and communicate effectively to resolve conflicts.

Quality area 6—Collaborative partnerships with families and communities

Collaborative relationships with families are fundamental to achieve quality outcomes for children. Community partnerships that focus on active communication, consultation and collaboration also contribute to children’s learning and wellbeing.

Standard 6.1—Supportive relationships with families
Respectful relationships with families are developed and maintained and families are supported in their parenting role.

Element 6.1.1—Engagement with the service
Families are supported from enrolment to be involved in the service and contribute to service decisions.

Element 6.1.2—Parent views are respected
The expertise, culture, values and beliefs of families are respected and families share in decision-making about their child’s learning and wellbeing.

Element 6.1.3—Families are supported
Current information is available to families about the service and relevant community services and resources to support parenting and family wellbeing.

Standard 6.2—Collaborative partnerships
Collaborative partnerships enhance children’s inclusion, learning and wellbeing.

Element 6.2.1—Transitions
Continuity of learning and transitions for each child are supported by sharing information and clarifying responsibilities.

Element 6.2.2—Access and participation
Effective partnerships support children’s access, inclusion and participation in the program.

Element 6.2.3—Community engagement
The service builds relationships and engages with its community.

Quality area 7—Governance and leadership

Effective leadership contributes to sustained quality relationships and environments that facilitate children’s learning and development. Well documented policies and practices that are developed and regularly evaluated in partnership with educators, co-ordinators, staff members and families contribute to the ethical management of the service. There is a focus on continuous improvement.

Standard 7.1—Governance
Governance supports the operation of a quality service.

Element 7.1.1—Service philosophy and purpose
A statement of philosophy guides all aspects of the service’s operations.

Element 7.1.2—Management systems
Systems are in place to manage risk and enable the effective management and operation of a quality service.

Element 7.1.3—Roles and responsibilities
Roles and responsibilities are clearly defined and understood, and support effective decision-making and operation of the service.

Standard 7.2—Leadership
Effective leadership builds and promotes a positive organisational culture and professional learning community.

Element 7.2.1—Continuous improvement
There is an effective self-assessment and quality improvement process in place.

Element 7.2.2—Educational leadership
The educational leader is supported and leads the development and implementation of the educational program and assessment and planning cycle.

Element 7.2.3—Development of professionals
Educators’, co-ordinators’ and staff members’ performance is regularly evaluated and individual plans are in place to support learning and development.

Schedule 2 Prescribed fees for 17 April 2023—30 June 2023

Regulation 236B

Table 1—Prescribed fees for provider approvals, service approvals, assessments and ratings

Col. 1	Col. 2	Col. 3	Col. 4
Item	Section of the Law	Description	Fee
1	Section 11(d)	Application for a provider approval	$241
2	Section 22(2)(c)	Application to amend a provider approval	Nil
3	Section 37(2)(c)	Application to voluntarily suspend a provider approval	Nil
4	Section 39(6)(c)	Application to approve an executor as approved provider	Nil
5	Section 40(3)(c)	Application to approve legal personal representative or guardian as approved provider	Nil
6	Section 44(1)(e)	Application for service approval—centre-based service	Small service $482 Medium service $725 Large service $967 Extra-large service $967
7	Section 44(1)(e)	Application for service approval—family day care service	$725
8	Section 53	Annual fee—centre-based service	Small service $218 Medium service $329 Large service $438 Extra-large service $438
9	Section 53	Annual fee—family day care service	Small service $218 Medium service $329 Large service $438 Extra-large service $438
10	Section 54(2)(c)	Application to amend service approval	Nil
11	Section 59(2)(c)	Notification of intended transfer of service approval	$116
12	Section 85(2)(c)	Application to voluntarily suspend service approval	Nil
13	Section 88(c)	Application for service waiver	$116
14	Section 95(c)	Application for temporary waiver	$116
15	Section 98(4)	Application to extend temporary waiver	$116
16	Section 139(2)(c)	Application for reassessment and re-rating	Small service $482 Medium service $725 Large service $967 Extra-large service $967
17	Section 141(4)(d)	Request for review by Regulatory Authority	Nil
18	Section 145(2)(c)	Application for further review by Ratings Review Panel	Small service $482 Medium service $725 Large service $967 Extra-large service $967
19	Section 152(3)(c)	Application for highest rating	Nil
20	Section 159(3)(c)	Re-application for highest rating	Nil

Table 2—Other prescribed fees

Col. 1	Col. 2	Col. 3	Col. 4
Item	Section of the Law	Description	Fee
1	Section 266(4)	Copy of or extract from register of approved providers	$5 per page or $75 for an electronic copy
2	Section 267(4)	Copy of or extract from register of approved education and care services	$5 per page or $75 for an electronic copy

Schedule 3 Compliance directions—prescribed provisions

Regulation 188

Regulation	Description
Regulation 55(1)	Quality improvement plans
Regulation 72(1), (2)	Offences in relation to giving false or misleading statements about ratings
Regulation 74(1)	Documenting of child assessments or evaluations for delivery of educational program
Regulation 75	Information about educational program to be kept available
Regulation 76	Information about educational program to be given to parents
Regulation 77(1)	Health, hygiene and safe food practices
Regulation 78(1)	Food and beverages
Regulation 79(1)	Service providing food and beverages
Regulation 80(1)	Weekly menu
Regulation 82(1)	Tobacco, drug and alcohol-free environment
Regulation 83(1)	Nominated supervisors, staff members and volunteers not to be affected by alcohol or drugs
Regulation 84(1)	Awareness of child protection law
Regulation 84A(1)	Reasonable steps to ensure that the needs for sleep and rest of children are met
Regulation 84C(1)	Risk assessment for the purposes of preparing sleep and rest policies and procedures
Regulation 84D(1)	Prohibition of bassinets
Regulation 89(1)	First aid kits
Regulation 91	Medical conditions policy to be provided to parents
Regulation 97(2), (2A), (3), (4)	Emergency and evacuation procedures
Regulation 98	Telephone or other communication equipment
Regulation 102AAC(1)	Risk assessment for the purposes of preparing safe arrival of children policies and procedures
Regulation 102B(1)	Transport risk assessment must be conducted before service transports child
Regulation 103(1)	Premises, furniture and equipment to be safe, clean and in good repair
Regulation 104(1)	Fencing
Regulation 105	Furniture, materials and equipment
Regulation 106(1), (2)	Laundry and hygiene facilities
Regulation 107(2)	Space requirements—indoor
Regulation 108(2)	Space requirements—outdoor
Regulation 110	Ventilation and natural light
Regulation 111	Administrative space
Regulation 112(3)	Nappy change facilities
Regulation 113	Outdoor space—natural environment
Regulation 114	Outdoor space—shade
Regulation 115	Premises designed to facilitate supervision
Regulation 116(1)	Assessments of family day care residences and approved family day care venues
Regulation 116A(1)	Inspection of swimming pools, water features and other potential water hazards at family day care residences and approved family day care venues
Regulation 116C	Compliance with fencing requirements for swimming pools at family day care residences and approved family day care venues
Regulation 117(1)	Glass
Regulation 118	Educational leader
Regulation 119	Family day care educator and educator assistant to be at least 18 years old
Regulation 120	Educators who are under 18 to be supervised
Regulation 136(1)	First aid qualifications
Regulation 156(1)	Relationships in groups
Regulation 157(1)	Access for parents
Regulation 163(1), (2)	Residents at family day care residence and family day care educator assistants to be fit and proper persons
Regulation 164	Requirement for notice of new persons at residence
Regulation 168(1)	Education and care service must have policies and procedures
Regulation 169(1)	Additional policies and procedures—family day care service
Regulation 170(1), (2)	Policies and procedures to be followed
Regulation 171(1), (2)	Policies and procedures to be kept available
Regulation 172(1)(b)	Notification of change to policies or procedures affecting ability of family to utilise service
Regulation 177(2), (3)	Prescribed enrolment and other documents to be kept by approved provider
Regulation 183	Storage of records and other documents
Regulation 185	Law and regulations to be available