20   Conduct of excursions

(1)  The authorised supervisor of a service must ensure all excursions are conducted in a safe manner.

(1A)  The licensee for a service must ensure that at least 2 adult persons accompany children on any excursion.

(2)  The licensee of a service must ensure that any vehicles used to transport children on excursions are fitted with suitable child restraints within the meaning of Regulation 110G of the Motor Traffic Regulations 1935.

Note. Regulation 110G defines a suitable child restraint to mean any of the following restraints fitted to a motor vehicle:

(a)  a child restraint that conforms to standard AS 1754 of the Standards Association of Australia and which is referred to in that standard as suitable for use by the child concerned,

(b)  a seat belt, but only if the child concerned is not under the age of 1 year,

(c)  a child restraint of a type approved by the Roads and Traffic Authority for use by a child of the age, weight or height of the child concerned.

(3)  The licensee of a service must ensure that, if children are taken on an excursion other than an excursion referred to in subclause (4) or (5), the adult to child ratio of persons participating in the excursion is:

(a)  one adult for each 2 children who are under 3 years of age, and

(b)  one adult for each 5 children who are 3 or more years of age.

(4)  The licensee of a service must ensure that children are not taken on any excursion that involves the use of motor or other transport or crossing a major road unless the minimum adult to child ratio of persons participating in the excursion is:

(a)  one adult for each 2 children who are under 3 years of age, and

(b)  one adult for each 4 children who are 3 or more years of age.

(5)  The licensee of a service must ensure that children are not taken on any excursion to a beach, river, lake or other place where there is a significant water hazard unless the minimum adult to child ratio of persons participating in the excursion is:

(a)  one adult for each child who is under 3 years of age, and

(b)  one adult for each two children who are 3 or more years of age.

(5A)  The licensee of a service must ensure that:

(a)  children enrolled for the service are taken on an excursion to swim for the purpose only of learning water safety or learning to swim, and

(b)  when children are taken on such an excursion, the minimum adult to child ratio of participants in the excursion is one adult for each child.

(6)  The licensee of a service must ensure that children are not taken on an excursion to a beach, river, lake or other place where there is a significant water hazard unless 2 of the adult persons accompanying the children have:

(a)  a certificate issued on completion, within the period of 12 months immediately before the excursion, of a senior first aid course that relates to resuscitation approved by the WorkCover Authority for the purposes of the Occupational Health and Safety (First-aid) Regulation 1989, and

(b)  a Bronze Medallion Award, or award given on completion of a water rescue test, issued by the Royal Life Saving Society Australia, and

(c)  the knowledge and ability to implement water safety procedures.

(7)  The authorised supervisor of a service must ensure that a suitable and fully stocked first-aid kit is taken on all excursions.

Maximum penalty (subclauses (1)–(7)): 5 penalty units.

(8)  In this clause:

major road means any main road (including any State highway, freeway or controlled access road), or secondary road, within the meaning of the Roads Act 1993.