40   Development and play equipment

(1) All children’s services
Play equipment (whether fixed or not) used on the premises of a children’s service must not constitute a hazard to children at the service because of:

(a)  the height from which a child can fall, or

(b)  the likelihood that a child can be trapped, pinched or crushed in the equipment or struck by it, or

(c)  sharp or rough edges and projections or rust, or

(d)  lack of stability.

(2)  Play equipment used on the premises must be safe and in good repair.

(3)  All broken equipment and broken toys must immediately be removed from play areas.

(4)  The premises of a children’s service must have independent access for children to books and equipment that are suitable to the children’s development and needs and that are representative of a diverse range of cultures.

(5) Centre based or mobile children’s service
The premises of a centre based or mobile children’s service must be equipped with a balance of indoor and outdoor equipment to meet the developmental and other needs of children that is readily available for use by the children and staff of the service.

(6)  In determining the balance of types of equipment and the sufficiency of equipment for the purposes of subclause (5), the age, number and interests of the children provided with the service must be taken into account.

(7)  The surfacing used underneath or around play equipment on the premises of a centre based children’s service must comply with the requirements of Australian and New Zealand Standard AS/NZS 4422:1996 Playground surfacing—Specifications, requirements and test method as in force on the commencement of this Regulation.

(8) Family day care or home based children’s service
The home of a family day care carer or home based licensee must be equipped with equipment that is:

(a)  adequate and sufficient to meet the individual interests and capabilities of each child provided with the service, and

(b)  readily available for use by children and the family day care carer or home based licensee.

(9)  In determining the adequacy and sufficiency of equipment for the purposes of subclause (8), the age, number and interests of children provided with the service must be taken into account.