Children’s Services Regulation 2004
Historical version for 1 July 2008 to 3 December 2009 (accessed 19 May 2013 at 13:22) Repealed version
Part 3Division 1

Division 1 Facilities

30   Space requirements: centre based children’s services

(1)  The premises of a centre based children’s service must have:
(a)  a room or an area that is used only for administration of the service and for private consultation between staff and parents, and
(b)  a room or an area, located away from the areas used by children, that is used for respite of staff, and
(c)  a room or an area that is used only for sleeping for children under 2 years of age.
(2)  The premises of a centre based children’s service must have at least 3.25 square metres of unencumbered indoor play space per child that is exclusively for the use of children provided with education and care while in attendance at the service.
(3)  For the purposes of calculating unencumbered indoor play space, items such as any passage way or thoroughfare, door swing areas, kitchen, cot rooms, toilet or shower areas located in the building or any other facility such as cupboards and areas set aside as referred to in subclause (1) are to be excluded.
(4)  Subject to subclauses (7) and (8), the premises of a centre based children’s service must have at least 7 square metres of useable outdoor play space per child that is exclusively for the use of children provided with education and care while in attendance at the service.
(5)  For the purposes of calculating useable outdoor play space, items such as car parking areas, storage sheds and other fixed items that prevent children from using the space or that obstruct the view of staff supervising children in the space are to be excluded.
(6)  The outdoor play space must be adequately shaded in accordance with guidelines published by the New South Wales Cancer Council under the title Shade for Child Care Services, as in force immediately before the commencement of this Regulation.
(7)  If the Director-General is satisfied that the location of a centre based children’s service makes it impracticable to provide the required amount of useable outdoor play space, the Director-General may consent to the provision of some or all of that space in an indoor area that is to be designed and equipped to permit children to participate in activities that promote gross motor skills.
(8)  The Director-General may impose conditions on such a consent relating to any matter the Director-General sees fit, including the availability of natural light and ventilation.

31   Laundry

(1) All children’s services
A children’s service must have laundry arrangements, whether on the premises of the children’s service or through another facility, service or arrangement.
(2)  The premises of a children’s service must have safe, sanitary facilities for the storage of soiled clothes, linen and nappies before laundering or disposal.
(3) Centre based children’s service
A centre based children’s service that provides children under 3 years of age with the service must have laundry facilities available on the premises of the service, being facilities that include at least a laundry tub connected to both hot and cold water.

32   Craft preparation facilities: centre based or mobile children’s service

(1)  The premises of a centre based or mobile children’s service must have separate facilities (including a sink, bench top and lockable cupboard) for use in craft activities.
(2)  The area must not be next to any food preparation facilities or nappy change area at the premises.

33   Food preparation facilities

(1)  The premises of a children’s service must have a designated area, that is both safe and hygienic, for food preparation and storage.
(2)  Facilities in the designated area must include a stove or microwave, sink, refrigerator, suitable disposal facilities and hot water supply.
(3)  Facilities for the preparation and storage of food must be designed, located and maintained so as to prevent children from gaining access to any harmful substance, equipment or amenity.
(4)  Without limiting subclause (3), if the premises of a centre based or mobile children’s service contains a separate kitchen, the kitchen must have a door, half-gate or other barrier to prevent unsupervised entry by children into the kitchen.
(5)  In addition to a food preparation area, a centre based children’s service must also have a designated area, that is both safe and hygienic, for the preparation of bottles for children under the age of 2 years.
(6)  Any area in which bottles are prepared for children under the age of 2 years, whether in a centre based children’s service or any other children’s service, must be separate from any area in which nappy-changing facilities are provided.
(7)  Despite subclause (1), a mobile children’s service may provide food preparation and storage facilities through another facility, service or regular arrangement if food preparation and storage facilities are not available on the premises used by the mobile children’s service.

34   Toilets and washing facilities

(1) All children’s services
The premises of a children’s service must have toilet, hand washing and bathing facilities that are safe and appropriate to the ages of the children at the service and must have products and equipment for cleaning those facilities whenever necessary.
(2) Centre based children’s service
The sanitary facilities of a centre based children’s service must comply with the requirements for class 9b buildings (Early childhood centres) of clause F2.3 of the Building Code of Australia.

35   Nappy change facilities

(1) All children’s services
The following facilities must be provided at the premises of a children’s service if any child provided with the service wears nappies:
(a)  a stable surface for changing nappies, together with a mat that has an impervious washable surface, for every 10 children (or part thereof),
(b)  hand washing facilities for adults in the immediate vicinity of the nappy changing area,
(c)  sanitary facilities for the storage of soiled nappies pending laundering or disposal of the nappies,
(d)  if the children’s soiled clothing is laundered by the staff of a centre based or mobile children’s service or by a family day care carer or home based licensee, adequate facilities for laundering the clothing or otherwise dealing hygienically with waste,
(e)  facilities for the storage of clean nappies.
(2)  If any such child is under the age of 3 years, the stable surface referred to in subclause (1) (a) is to be a properly constructed nappy changing bench.
(3)  Any nappy changing bench or mat must be cleaned after each use.
(4)  The nappy changing facilities must be designed, located and maintained so as to prevent unsupervised access by children.
(5)  The nappy changing facilities must be separated from food preparation facilities and craft preparation facilities.
(6) Centre based children’s service
In addition to the facilities referred to in subclause (1), the premises of a centre based children’s service must be equipped with the following:
(a)  an age appropriate washing facility with temperature regulated hot and cold running water in, or adjacent to, the nappy change area,
(b)  a sluice or contaminated waste disposal unit in the nappy change area.
(7)  Nothing in subclause (6) prevents the premises of a centre based children’s service from being equipped with an additional movable nappy changing bench. However, if such a bench is provided it must provide a stable surface on which to place a child when changing nappies.

36   Sleeping facilities

(1)  The premises of a children’s service must have an adequate number of cots, beds, stretchers or sleeping mats (together with waterproof covers) or other culturally appropriate forms of bedding for all children who sleep while at the premises.
(2)  For the purposes of subclause (1), the ages of children at the service, the program of activities of the service and hours of operation of the service are to be taken into account when determining adequate sleeping facilities.
(3)  Provision must be made at the premises of a children’s service to ensure that:
(a)  mattresses and other bedding are clean and comfortable, and
(b)  bed clothing is appropriate to the climate, and
(c)  all bed clothing is kept clean and in good repair, and
(d)  there is individual bed linen and blankets for each child, and
(e)  children do not share the same bed at the same time, and
(f)  bed linen used by one child is washed before it is used by another child, and
(g)  no child who is of or above 7 years of age sleeps in the same room as another child of the opposite sex who is not a relative, and
(h)  no child who is of or above the age of 2 years, and (except with the written consent of a parent of the child) no child who is under the age of 2 years, sleeps in a room in which an adult is sleeping.
(4)  Cots, beds, stretchers, mattresses and other bedding at the premises of a children’s service must be arranged so as:
(a)  to be in an area that has natural light, and
(b)  to allow easy exit of any child, and
(c)  to allow easy access to any child, and
(d)  to reduce the risk of cross infection between children.
(5)  A sleeping area for children must be designed to ensure that all children in the area are readily accessible to staff of the service, or the family day care carer or home based licensee.
(6)  Cots must comply with the requirements of Australian/New Zealand Standard AS/NZS 2172:2003: Cots for household use—Safety requirements.

37   Storage facilities

(1) All children’s services
The premises of a children’s service must have storage facilities (whether fixed or movable) that are secure and inaccessible to children.
(2) Centre based or mobile children’s service
The premises of a centre based or mobile children’s service must have:
(a)  storage facilities for indoor and outdoor equipment, and
(b)  storage facilities that give each child provided with the service at the premises access to a space for storage of the child’s personal belongings.
(3)  Equipment used for providing a mobile children’s service may be stored at any premises at which the service is provided, at the offices of the service or in any vehicle used to transport equipment used for providing the service.

38   Swimming pools

(1) Centre based or mobile children’s services
There must not be a swimming pool (within the meaning of the Swimming Pools Act 1992) on the premises of any centre based or mobile children’s service unless the pool existed on the premises before 6 November 1996.
(2)  Any swimming pool on the premises of a centre based or mobile children’s service on or before the commencement of this clause must be fenced. The fencing must be in accordance with the Swimming Pools Act 1992 (whether or not that Act applies to the swimming pool concerned).
(3) Family day care or home based children’s services
Any swimming pool at the premises of a family day care carer or home based licensee must be fenced to the standard to which a new swimming pool would be required to be fenced under the Swimming Pools Act 1992.
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