Untitled document

Children's Services Amendment Regulations 2010

S.R. No. 96/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Principal Regulations

4Definitions

5Conditions applying to licences to operate family day care services

6Matters to be recorded in staff record

7Assessment notices

8Area of children's rooms

9Outdoor space—outside school hours care services

10Transitional provision with respect to minimum training—family day care services

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 96/2010

Children's Services Act 1996

Children's Services Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 28 September 2010

Responsible Minister:

MAXINE MORAND
Minister for Children and Early Childhood Development

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Children's Services Regulations 2009 in relation to the regulation of the licensing and operation of children's services under the Children's Services Act 1996.

2Authorising provisions

These Regulations are made under section 56 of, and clause 3 of the Schedule to, the Children's Services Act 1996.

3Principal Regulations

In these Regulations, the Children's Services Regulations 2009[1] are called the Principal Regulations.

4Definitions

In regulation 5(1) of the Principal Regulations, for the definition of staff member substitute—

"staff member, in relation to a children's service—

(a)means a person who is employed or has been appointed or engaged to be responsible for the care or education of children at the children's service; or

(b)in the case of a person who is aged under 18 years, means a person who—

(i)is employed or has been appointed or engaged to be responsible for the care or education of children at the children's service; and

(ii)is under the direct supervision of a qualified staff member who is aged 18 years or over—

but does not include a volunteer, a family day carer or a visiting early childhood intervention staff member;".

5Conditions applying to licences to operate family day care services

After regulation 14(5) of the Principal Regulations insert—

"(6)Seven days before any change to the street address of the principal office of a family day care service, the proprietor of the family day care service must provide the new street address, municipal district, postal address and telephone number to the responsible office of the Department.".

6Matters to be recorded in staff record

For regulation 38(3)(a) of the Principal Regulations substitute—

"(a)the date the notice was read by the licensee, the primary nominee or the nominee who was present and in charge of the children's service at the time the notice was read; and".

7Assessment notices

(1)In regulations 70(1) and 70(4) of the Principal Regulations, for "primary nominee" substitute "primary nominee or nominee currently present and in charge of the children's service".

(2)In regulation 70(3) of the Principal Regulations, for "primary nominee for the children's service" substitute "primary nominee or nominee currently present and in charge of the children's service".

(3)In regulation 70(6) of the Principal Regulations, for "or primary nominee" substitute ", primary nominee or nominee currently present and in charge of the children's service".

(4)In regulation 70(8) of the Principal Regulations, after "the licensee" (wherever occurring) insert ", the nominee currently present and in charge of the children's service".

8Area of children's rooms

For regulation 96(1) of the Principal Regulations substitute—

"(1)A licensee must ensure that the floor area of a children's room at the children's services allows a clear space for each child being cared for or educated in that room of at least 3·25 square metres.

Penalty:10 penalty units.".

9Outdoor space—outside school hours care services

In regulation 98(1) of the Principal Regulations, for "12 square metres" (wherever occurring) substitute "7 square metres".

10Transitional provision with respect to minimum training—family day care services

In regulations 120(1) and 120(3) of the Principal Regulations, for "2012" substitute "2014".

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ENDNOTES

[1] Reg. 3: S.R. No. 53/2009.