Division 1 Staff of centre based and mobile children’s services

51   Employment of staff

(1)  The licensee of a centre based or mobile children’s service must not employ a person as a member of the primary contact staff for the service unless the licensee is satisfied that the person is a fit and proper person to be a member of the primary contact staff.

Note. Part 7 of the Commission for Children and Young People Act 1998 requires an employer to conduct employment screening of a preferred applicant for certain child-related employment, including employment in child care centres.

The Child Protection (Prohibited Employment) Act 1998 prohibits a person convicted of a serious sex offence from applying for, undertaking or remaining in child-related employment.

(2)  For the purposes of subclause (1), the licensee of a centre based or mobile children’s service must ensure that each person whom the licensee employs or proposes to employ as a member of the primary contact staff has:

(a)  an understanding of the principles set out in section 202 of the Act, and

(b)  an understanding that the environment of a children’s service must be safe for children, and

(c)  a basic knowledge of the stages of physical, emotional, cognitive, social and cultural development of children, and

(d)  a basic knowledge of activities and learning experiences that are appropriate for the various ages and stages of development of children, and

(e)  a basic knowledge of the health, hygiene and nutrition needs of children, and

(f)  except in the case of a trainee, experience in caring for children.

(3)  A licensee of a centre based or mobile children’s service must not employ a person as a member of the primary contact staff of the service unless the person is at least 18 years of age.

(4)  The licensee of a centre based or mobile children’s service is to ensure that all primary contact staff for the service understand their responsibilities under the child protection legislation.

52   Qualified staff

(1)  The licensee of a centre based or mobile children’s service must ensure that the following number of teaching staff members are in attendance at the premises of the service while the service is being provided:

(a)  1, if there are 30 or more but less than 40 children (other than school children) being provided with the service,

(b)  2, if there are 40 or more but less than 60 children (other than school children) being provided with the service,

(c)  3, if there are 60 or more but less than 80 children (other than school children) being provided with the service,

(d)  4, if there are 80 or more children (other than school children) being provided with the service.

(2)  The licensee of a centre based or mobile children’s service must ensure that at all times while a child under 2 years of age is being provided with the service at least one primary contact staff member is in attendance at the service who:

(a)  is an enrolled nurse (mothercraft) within the meaning of the Nurses Act 1991 or an enrolled nurse within the meaning of that Act who has obtained:

(i)  a Certificate IV from a TAFE establishment on completion of a course in Parenthood, or

(ii)  a Certificate III from a registered training organisation on completion of a course in Children’s Services, or

(b)  is a registered nurse within the meaning of the Nurses Act 1991 who has had previous work experience in providing a children’s service or has other approved qualifications, or

(c)  has obtained:

(i)  a Child Care Certificate, a Certificate of Child Care Studies or an Associate Diploma of Social Science (Child Studies) from a TAFE establishment, or

(ii)  a Diploma of Community Services (Children’s Services) from a registered training organisation, or

(d)  has some other approved qualification.

(3)  The authorised supervisor of a centre based or mobile children’s service must ensure that at least one person who holds a current approved first aid qualification is on the premises of the service at all times while children provided with the service are on the premises.

(4)  In this clause, teaching staff member of a children’s service means a member of staff of the service who:

(a)  has a degree or diploma in early childhood education from a university following a course with a duration (on a full-time basis) of not less than 3 years, or

(b)  has some other approved qualification, or

(c)  has other approved training and other approved experience.

53   Staff to child ratios

(1)  The licensee of a centre based or mobile children’s service must ensure that the ratio of primary contact staff to children being provided with the service is:

(a)  1:5 in respect of all children who are under the age of 2 years, and,

(b)  1:8 in respect of all children who are 2 or more years of age but under 3 years of age, and

(c)  1:10 in respect of all children who are 3 or more years of age but under 6 years of age.

(2)  The licensee of a centre based or mobile children’s service must ensure that at least 2 members of the primary contact staff are present on the premises of the service whenever children are being provided with the service at the premises.

(3)  If a centre based or mobile children’s service is being provided to a group of children who are not all in the same age bracket, the licensee of the service must ensure that the ratio of primary contact staff to children in the group is the ratio specified in subclause (1) for the age bracket in which the youngest child in the group belongs.

(4)  In counting the number of primary contact staff for the purposes of this clause, a trainee referred to in paragraph (c) of the definition of primary contact staff in the dictionary to this Regulation is not to be included unless a majority of the staff counted (and at least 2) are primary contact staff who are not trainees.

(5)  In this clause, age bracket means a range of ages specified in subclause (1) (a), (b) or (c).

54   Cooking staff

(1)  The licensee of a centre based or mobile children’s service must ensure that a qualified cook is employed by the service if meals are prepared and provided to children on the premises of the service.

(2)  The cook is to be available for the period necessary to prepare the meals for the number of children being catered for and to clean the area of the premises used to prepare the meals.

(3)  A person is a qualified cook only if the person holds a certificate attesting to the person’s successful completion of a basic training course in food safety and nutrition that:

(a)  complies with guidelines issued by the Director-General from time to time for the purpose of this clause, and

(b)  is provided by a registered training organisation.

(4)  The licensee and the authorised supervisor of a centre based or mobile children’s service must ensure that, for each cook employed by the service to prepare and provide meals to children on the premises, a copy of the cook’s certificate, as referred to in subclause (3), is displayed on the premises in a prominent position.

55   Additional staff

(1)  The licensee of a centre based or mobile children’s service must employ staff, additional to any other staff required by this Division, if the Director-General so requires by notice in writing served on the licensee.

(2)  Such a notice may specify both the number of staff to be employed and the qualifications they must have.

(3)  The Director-General may make such a requirement if satisfied that, having regard to any particular function carried out by the service, sufficient staff with suitable qualifications are not employed by the service.

56   Supervision by authorised supervisor—centre based children’s service

(1)  The licensee of a centre based children’s service must ensure that the authorised supervisor for the service has the overall supervision of the provision of the service.

(2)  The licensee of a centre based children’s service must ensure that the authorised supervisor for the service is, each week:

(a)  in the case of a school based children’s service—present on:

(i)  where the relevant school is located on one premises only, the premises of the school on which the service is based for no less than 50% of the time that the service is provided, or

(ii)  where the relevant school is located on 2 or more premises, the same premises of the school as the premises of the school on which the service is based for no less than 50% of the time that the service is provided, or

(b)  in the case of any other children’s service—present on the premises of the service for no less than 50% of the time that the service is provided.