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Contents (2011 - 653)
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Education and Care Services National Regulations
Current version for 31 December 2019 to date (accessed 6 April 2020 at 16:03)
Chapter 2 Part 2.2 Division 1
Division 1 Applications for service approvals
24   Application for service approval—centre-based service
Subject to regulation 25A, an application under section 43 of the Law for a service approval for a centre-based service must include the following information—
(a)  the applicant’s full name and—
(i)  provider approval number; or
(ii)  if the applicant has applied for a provider approval but the application has not been decided, the applicant’s contact details;
(b)  the name of the proposed education and care service;
(c)  the proposed date on which the education and care service will commence operation;
(d)  if known, the contact details, including an after-hours telephone number, for the proposed education and care service;
(e)  the proposed ages of children to be educated and cared for by the education and care service;
(f)  the proposed maximum number of children to be educated and cared for by the education and care service;
(g)  the proposed hours and days of operation of the education and care service;
(h)  a description of the nature of the education and care service;
(i)  the details of any associated children’s service for which approval is sought;
(j)  a statement that the applicant has prepared the policies and procedures referred to in regulation 168;
(k)  the full name and contact details, including the after-hours telephone number, of each nominated supervisor.
Note.
 The application must include a nominated supervisor’s written consent to the nomination unless the nominated supervisor is the approved provider—see section 44(1)(da) of the Law.
25   Additional information about proposed education and care service premises
(1)  Subject to subregulation (2) and regulation 25A, in addition to the information referred to in regulation 24, an application for a service approval for a centre-based service must include the following information about the proposed education and care service premises—
(a)  the location and street address of the proposed education and care service premises;
(b)  plans prepared by a building practitioner of the proposed education and care service premises showing the following—
(i)  the location of all buildings, structures, outdoor play areas and shaded areas;
(ii)  the location of all entries and exits;
(iii)  the location of all fences and gates, specifying the type of fence or gate used or to be used;
(iv)  the location of toilet and washing facilities, nappy changing areas and any food preparation areas;
(v)  the boundaries of the premises;
(vi)  the landscape of, or landscaping plans for, outdoor spaces that will be used by the education and care service, specifying the natural environments that are or will be provided;
(vii)  a floor plan indicating unencumbered indoor and outdoor spaces suitable for children;
(viii)  the location of any associated children’s service;
(ix)  calculations, carried out by a building practitioner, of the areas referred to in regulations 107 and 108 relating to unencumbered indoor and outdoor space;
(x)  the elevation plans of the premises;
(c)  if a swimming pool or other water hazard is situated on the proposed education and care service premises, a copy of the service’s proposed water safety policy;
Note.
 Restrictions on swimming pools apply in New South Wales and Tasmania.
(d)  one of the following—
(i)  a soil assessment for the site of the proposed education and care service premises;
(ii)  if a soil assessment for the site of the proposed education and care service premises has previously been undertaken, a statement to that effect, specifying when the soil assessment was undertaken;
(iii)  a statement made by the applicant that states that, to the best of the applicant’s knowledge the site history does not indicate that the site is likely to be contaminated in a way that poses an unacceptable risk to the health of children;
(e)  a copy of the planning permit for the proposed education and care service premises if a planning permit is required under the planning and development law of the participating jurisdiction;
(f)  a statement that the applicant has the right to occupy and use the premises and any document evidencing this;
Example.
 A lease of the premises.
(g)  unless the education and care service premises is a government or registered school, either—
(i)  a copy of any occupancy permit, certificate of final inspection, building certificate, certificate of classification or building surveyor’s statement issued or given in respect of the final construction and fit out of the education and care service premises; or
(ii)  a statement made by a building practitioner that states that the education and care service premises complies with building requirements under a building law or planning and development law of the participating jurisdiction.
(2)  If the approved provider is seeking to locate the education and care service on a school site, the Regulatory Authority may determine that the requirements of subregulation (1)(b), (d), (e) or (g) do not apply to the application for the service approval.
25A   Application for service approval for a centre-based service—relocation of existing centre-based service
(1)  This regulation applies if—
(a)  an application for a service approval relates to a centre-based service that is an approved education and care service; and
(b)  the purpose of the application is to change the location of that service.
Note.
 A service approval cannot be amended to change the location of a centre-based service—see section 54(8) of the Law.
(2)  If the centre-based service is to be relocated for less than 12 months, the Regulatory Authority may determine that the requirements of regulation 25(1)(b) or (g) do not apply to the application for the service approval.
(3)  If the centre-based service is to be relocated due to exceptional circumstances (whether for more or less than 12 months), the Regulatory Authority may determine that any of the following information is not required to be provided in the application for the service approval—
(a)  the information set out in regulation 24(g);
(b)  the contact details of the nominated supervisor set out in regulation 24(k);
(c)  any of the information set out in regulation 25(1)(b), (c), (d), (e), (f) or (g).
(4)  If the Regulatory Authority makes a determination under subregulation (3), the approved provider must provide the relevant information to the Regulatory Authority as soon as possible.
(5)  A failure by the approved provider to provide the relevant information to the Regulatory Authority under subregulation (4) does not prevent the Regulatory Authority granting the service approval.
Note.
 The Education and Care Services National Regulations 2012 of Western Australia do not include regulation 25A.
26   Application for service approval—family day care service
(1)  An application under section 43 of the Law for a service approval for a family day care service must include the following information—
(a)  the applicant’s full name and—
(i)  provider approval number; or
(ii)  if the applicant has applied for a provider approval but the application has not been decided, the applicant’s contact details;
(b)  the name of the proposed family day care service;
(c)  the proposed date on which the family day care service will commence operation;
(d)  if known, the contact details, including after-hours telephone number, for the proposed principal office of the service;
(e)  the proposed hours and days of operation of the family day care service including whether the service proposes to engage or register family day care educators who will provide overnight or weekend care;
(f)  the proposed location and street address of the principal office of the family day care service;
(fa)  a statement that the applicant has the right to occupy and use the proposed premises as a principal office and any document evidencing this;
Example.
 A lease of the premises.
(g)  the proposed number of family day care educators expected to be engaged by or registered with the proposed family day care service within 6 months of commencement of the service;
(ga)  a statement that each family day care residence that will be part of the family day care service and each place other than a residence where education and care is to be provided to children as part of the family day care service will be located in this jurisdiction;
(h)  the proposed local government areas in which the family day care educators expected to be engaged by or registered with the proposed family day care service will provide education and care;
(i)  the proposed number of family day care coordinators expected to be engaged by the proposed family day care service within 6 months of commencement of the service;
(j)  a statement that the applicant has prepared the policies and procedures referred to in regulation 168;
(k)  a copy of the proposed policies and procedures referred to in regulation 169;
(l)  if the family day care service will permit a family day care residence or venue with a swimming pool or something that may constitute a water hazard, a copy of the service’s proposed water safety policy;
Note.
 Swimming pools are prohibited in Tasmania for all education and care services.
(m)  the full name and contact details, including the after-hours telephone number, of each nominated supervisor;
Note.
 The application must include a nominated supervisor’s written consent to the nomination unless the nominated supervisor is the approved provider—see section 44(1)(da) of the Law.
(n)  if the application includes a request for approval of a place as a family day care venue for the service—
(i)  the location and street address of the family day care venue; and
(ii)  a statement that the applicant has the right to occupy and use the place as a family day care venue and any document evidencing this; and
Example.
 A lease of the premises.
(iii)  an assessment (including any risk assessment) of the place conducted by the approved provider to ensure that the health, safety and wellbeing of children being educated and cared for by the service are protected.
(2)  An assessment referred to in subregulation (1)(n)(iii) must consider the matters set out in regulation 116(2).
27   Additional matters to have regard to in determining application for service approval
In determining an application for a service approval under section 43 of the Law, the Regulatory Authority must have regard to the following matters—
(a)  any suspension of the applicant’s provider approval;
(b)  any conditions of the applicant’s provider approval.
Note.
 See section 47(1)(g) of the Law.
28   Additional grounds for refusal to grant service approval
The Regulatory Authority may refuse to grant a service approval on the following grounds—
(a)  the Regulatory Authority is not satisfied that the applicant is capable of operating the proposed service in a way that meets the requirements of the Law or these Regulations or the National Quality Standard;
Examples.
 
1   
The Regulatory Authority is not satisfied that the applicant is capable of maintaining premises or equipment or providing staff as required under the Law, whether because of financial or management capacity or another reason.
2   
The Regulatory Authority is not satisfied that the applicant is capable of assessing family day care venues or residences or monitoring family day care educators as required under the Law, whether because of financial or management capacity or another reason.
(b)  in the case of a centre-based service, the Regulatory Authority is not satisfied that the applicant is entitled to occupy the education and care service premises.
Note.
 See section 49(2) of the Law.
29   Condition on service approval—insurance
A service approval is granted subject to a condition that the approved provider must hold the following insurance in respect of the education and care service—
(a)  a current policy of insurance providing adequate cover for the education and care service against public liability with a minimum cover of $10 000 000; or
(b)  a policy of insurance or an indemnity against public liability provided by the Government of a State or Territory in respect of the education and care service.
Notes.
 
1   
See section 51(4) of the Law.
2   
See regulation 180 for the requirement to keep evidence of prescribed insurance.
30   Condition on service approval—family day care educator insurance
A service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that each family day care educator engaged by or registered with the service holds insurance against public liability with a minimum cover of $10 000 000.
Notes.
 
1   
See section 51(5) of the Law.
2   
See regulation 180 for the requirement to keep evidence of prescribed insurance.
31   Condition on service approval—quality improvement plan
A service approval is granted subject to the condition that the approved provider of the education and care service must ensure that the current quality improvement plan for the service—
(a)  is kept at the education and care service premises or, in the case of a family day care service, the principal office of the family day care service; and
(b)  is made available for inspection by the Regulatory Authority or an authorised officer; and
(c)  is made available on request to parents of a child who is enrolled at the service or who are seeking to enrol a child at the service.
Notes.
 
1   
See section 51(5) of the Law.
2   
See regulations 55 and 56, which set out requirements for quality improvement plans.
32   Condition on service approval—entitlement to occupy premises
A service approval for a centre-based service is granted subject to the condition that the service continues to be entitled to occupy the education and care service premises.
Note.
 See section 51(5) of the Law.
32A   Condition on service approval—maximum number of family day care educators
A service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that the number of family day care educators providing education and care as part of the service does not exceed the maximum number of family day care educators determined by the Regulatory Authority in the service approval.
Note.
 See section 51(5) of the Law.
33   Annual fees
The approved provider of an education and care service must pay the relevant annual fee set out in Schedule 2 for the service approval on or before 1 July each year.