You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2011 - 653)
Skip to content
Education and Care Services National Regulations
Current version for 1 July 2018 to date (accessed 19 December 2018 at 06:09)
Chapter 4
Chapter 4 Operational requirements
Guide to Chapter 4.
 This Chapter contains requirements for operating an education and care service. This Chapter is relevant for all services and is aligned with the National Quality Standard.
Part 4.1AA sets out a requirement regarding the location of offices of a family day care service.
Part 4.1 sets out requirements for an educational program and practice for a service. The regulations in this Part are relevant to quality area 1 of the National Standard.
Part 4.2 sets out requirements for services relating to children’s health and safety. The regulations in this Part are relevant to quality area 2 of the National Standard.
Division 1 sets out requirements to be put in place for the health, safety and wellbeing of children.
Division 2 sets out the requirements for policies and procedures relating to incidents, injuries, trauma and illness.
Division 3 sets out requirements for a medical conditions policy and medication procedures.
Division 4 sets out matters relating to the administration of medication.
Division 5 sets out matters relating to emergencies and communication.
Division 6 sets out requirements for collection of children from premises and excursions.
Part 4.3 sets out the physical environment requirements for services. These requirements may differ depending on whether the service is a centre-based service or a family day care service. The regulations in this Part are relevant to quality area 3 of the National Standard.
Division 1 sets out the requirements for premises for both centre-based services and family day care services.
Division 2 sets out the additional requirements for centre-based services.
Division 3 sets out the additional requirements for family day care services.
Part 4.3A sets out the minimum requirements for persons in day-to-day charge and nominated supervisors.
Part 4.4 sets out staffing requirements for education and care services, including minimum numbers of educators, qualification requirements, requirements for early childhood teachers and family day care educator assistants and staff and educator records and registers. The regulations in this Part are relevant to quality area 4 of the National Standard.
Part 4.5 sets out provisions relating to relationships between children and educators. The regulations in this Part are relevant to quality area 5 of the National Standard.
Part 4.6 sets out a requirement for services to have collaborative relationships with families. The regulations in this Part are relevant to quality area 6 of the National Standard.
Part 4.7 sets out matters relating to management and leadership in services. The regulations in this Part are relevant to quality area 7 of the National Standard.
Division 1 sets out matters relating to the management of services.
Division 2 sets out matters relating to policies and procedures for services.
Division 3 sets out information and record-keeping requirements.
Part 4.1AA Location of principal office
72A   Location of principal office of family day care service
The principal office of an approved family day care service must be located within the jurisdiction in which the service approval for the service is granted.
Penalty: $2000.
Part 4.1 Educational program and practice
73   Educational program
(1)  This Part applies in relation to the program (the educational program) that is required to be delivered under section 168 of the Law to a child being educated and cared for by an education and care service.
(2)  An educational program is to contribute to the following outcomes for each child—
(a)  the child will have a strong sense of identity;
(b)  the child will be connected with and contribute to his or her world;
(c)  the child will have a strong sense of wellbeing;
(d)  the child will be a confident and involved learner;
(e)  the child will be an effective communicator.
74   Documenting of child assessments or evaluations for delivery of educational program
(1)  The approved provider of the education and care service must ensure that, for the purposes of the educational program, the following are documented—
(a)  for a child preschool age or under—
(i)  assessments of the child’s developmental needs, interests, experiences and participation in the educational program; and
(ii)  assessments of the child’s progress against the outcomes of the educational program; and
(b)  for a child over preschool age, evaluations of the child’s wellbeing, development and learning.
(2)  In preparing the documentation, the approved provider must—
(a)  consider—
(i)  the period of time that the child is being educated and cared for by the service; and
(ii)  how the documentation will be used by the educators at the service; and
(b)  prepare the documentation in a way that is readily understandable by the educators at the service and the parents of the child.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
75   Information about educational program to be kept available
The approved provider of an education and care service must ensure that—
(a)  information about the contents and operation of the educational program for the service is displayed at the education and care service premises at a place accessible to parents of children being educated and cared for by the service; and
(b)  a copy of the educational program is available at the following places for inspection on request—
(i)  in the case of a centre-based service, at the education and care service premises;
(ii)  in the case of a family day care service, at each family day care residence or family day care venue.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
76   Information about educational program to be given to parents
The approved provider of an education and care service must ensure that a parent of a child being educated and cared for by the service is provided with the following information on request—
(a)  information about the content and operation of the educational program so far as it relates to that child;
(b)  information about the child’s participation in the program;
(c)  a copy of the documents kept under regulation 74 in respect of the child.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
Part 4.2 Children’s health and safety
Division 1 Health, safety and wellbeing of children
77   Health, hygiene and safe food practices
(1)  The approved provider of an education and care service must ensure that nominated supervisors and staff members of, and volunteers at, the service implement—
(a)  adequate health and hygiene practices; and
(b)  safe practices for handling, preparing and storing food—
to minimise risks to children being educated and cared for by the service.
Penalty: $2000.
(2)  A nominated supervisor of an education and care service must implement, and ensure that all staff members of, and volunteers at, the service implement—
(a)  adequate health and hygiene practices; and
(b)  safe practices for handling, preparing and storing food—
to minimise risks to children being educated and cared for by the service.
Penalty: $2000.
(3)  A family day care educator must implement—
(a)  adequate health and hygiene practices; and
(b)  safe practices for handling, preparing and storing food—
to minimise risks to children being educated and cared for by the educator as part of a family day care service.
Penalty: $2000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
78   Food and beverages
(1)  The approved provider of an education and care service must ensure that children being educated and cared for by the service—
(a)  have access to safe drinking water at all times; and
(b)  are offered food and beverages appropriate to the needs of each child on a regular basis throughout the day.
Penalty: $2000.
(2)  A nominated supervisor of an education and care service must ensure that children being educated and cared for by the service—
(a)  have access to safe drinking water at all times; and
(b)  are offered food and beverages on a regular basis throughout the day.
Penalty: $2000.
(3)  A family day care educator must ensure that children being educated and cared for by the educator as part of a family day care service—
(a)  have access to safe drinking water at all times; and
(b)  are offered food and beverages on a regular basis throughout the day.
Penalty: $2000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
79   Service providing food and beverages
(1)  The approved provider of an education and care service that provides food or a beverage to children being educated and cared for by the service must ensure that—
(a)  the food or beverage provided is nutritious and adequate in quantity; and
(b)  the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—
(i)  each child’s growth and development needs; and
(ii)  any specific cultural, religious or health requirements.
Penalty: $2000.
(2)  A nominated supervisor of an education and care service that provides food or a beverage to children being educated and cared for by the service must ensure that—
(a)  the food or beverage provided is nutritious and adequate in quantity; and
(b)  the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—
(i)  each child’s growth and development needs; and
(ii)  any specific cultural, religious or health requirements.
Penalty: $2000.
(3)  A family day care educator who provides food or a beverage to children being educated and cared for by the educator as part of a family day care service must ensure that—
(a)  the food or beverage provided is nutritious and adequate in quantity; and
(b)  the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—
(i)  each child’s growth and development needs; and
(ii)  any specific cultural, religious or health requirements.
Penalty: $2000.
(4)  To avoid doubt, this regulation does not apply to food or a beverage provided by a parent or family member for consumption by the child.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
80   Weekly menu
(1)  The approved provider of an education and care service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu—
(a)  is displayed at a place at the education and care service premises accessible to parents of children being educated and cared for by the service; and
(b)  accurately describes the food and beverages to be provided by the service each day.
Penalty: $1000.
(2)  A nominated supervisor of an education and care service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu—
(a)  is displayed at a place at the education and care service premises accessible to parents of children being educated and cared for by the service; and
(b)  accurately describes the food and beverages to be provided by the service each day.
Penalty: $1000.
(3)  A family day care educator who provides food and beverages (other than water) to children being educated and cared for by the educator as part of a family day care service must ensure that a weekly menu—
(a)  is displayed at a place at the family day care residence or approved family day care venue accessible to parents of children being educated and cared for by the service; and
(b)  accurately describes the food and beverages to be provided by the family day care educator each day.
Penalty: $1000.
(4)  To avoid doubt, this regulation does not apply to food and beverages provided by a parent or family member for consumption by the child.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
81   Sleep and rest
(1)  The approved provider of an education and care service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, development stages and individual needs of the children .
Penalty: $1000.
(2)  A nominated supervisor of an education and care service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, development stages and individual needs of the children.
Penalty: $1000.
(3)  A family day care educator must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the educator as part of a family day care service are met, having regard to the ages, development stages and individual needs of the children.
Penalty: $1000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
82   Tobacco, drug and alcohol-free environment
(1)  The approved provider of an education and care service must ensure that children being educated and cared for by the service are provided with an environment that is free from the use of tobacco, illicit drugs and alcohol.
Penalty: $2000.
(2)  A family day care educator must ensure that children being educated and cared for by the educator as part of a family day care service are provided with an environment that is free from the use of tobacco, illicit drugs and alcohol.
Penalty: $2000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
83   Staff members and family day care educators not to be affected by alcohol or drugs
(1)  The approved provider of an education and care service must ensure that a nominated supervisor or a staff member of, or volunteer at, the service is not affected by alcohol or drugs (including prescription medication) so as to impair the person’s capacity to supervise or provide education and care to children being educated and cared for by the service.
Penalty: $2000.
(2)  A nominated supervisor of an education and care service must not, while educating and caring for children for the service—
(a)  consume alcohol; or
(b)  be affected by alcohol or drugs (including prescription medication) so as to impair the supervisor’s capacity to supervise or provide education and care to the children.
Penalty: $2000.
(3)  A family day care educator must not, while providing education and care for children as part of a family day care service—
(a)  consume alcohol; or
(b)  be affected by alcohol or drugs (including prescription medication) so as to impair the educator’s capacity to provide education and care to the children.
Penalty: $2000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
84   Awareness of child protection law
The approved provider of an education and care service must ensure that nominated supervisors and staff members at the service who work with children are advised of—
(a)  the existence and application of the current child protection law; and
(b)  any obligations that they may have under that law.
Penalty: $1000.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
Division 2 Incidents, injury, trauma and illness
85   Incident, injury, trauma and illness policies and procedures
The incident, injury, trauma and illness policies and procedures of an education and care service required under regulation 168 must include procedures to be followed by nominated supervisors and staff members of, and volunteers at, the service in the event that a child—
(a)  is injured; or
(b)  becomes ill; or
(c)  suffers a trauma.
86   Notification to parents of incident, injury, trauma and illness
The approved provider of an education and care service must ensure that a parent of a child being educated and cared for by the service is notified as soon as practicable, but not later than 24 hours after the occurrence, if the child is involved in any incident, injury, trauma or illness while the child is being educated and cared for by the education and care service.
Penalty: $2000.
87   Incident, injury, trauma and illness record
(1)  The approved provider of an education and care service must ensure that an incident, injury, trauma and illness record is kept in accordance with this regulation.
(2)  A family day care educator must keep an incident, injury, trauma and illness record in accordance with this regulation.
(3)  The incident, injury, trauma and illness record must include—
(a)  details of any incident in relation to a child or injury received by a child or trauma to which a child has been subjected while being educated and cared for by the education and care service or the family day care educator, including—
(i)  the name and age of the child; and
(ii)  the circumstances leading to the incident, injury or trauma; and
(iii)  the time and date the incident occurred, the injury was received or the child was subjected to the trauma;
(b)  details of any illness which becomes apparent while the child is being educated and cared for by the education and care service or the family day care educator including—
(i)  the name and age of the child; and
(ii)  the relevant circumstances surrounding the child becoming ill and any apparent symptoms; and
(iii)  the time and date of the apparent onset of the illness;
(c)  details of the action taken by the education and care service or family day care educator in relation to any incident, injury, trauma or illness which a child has suffered while being educated and cared for by the education and care service or family day care educator, including—
(i)  any medication administered or first aid provided; and
(ii)  any medical personnel contacted;
(d)  details of any person who witnessed the incident, injury or trauma;
(e)  the name of any person—
(i)  whom the education and care service notified or attempted to notify, of any incident, injury, trauma or illness which a child has suffered while being educated and cared for by the education and care service or family day care educator; and
(ii)  the time and date of the notifications or attempted notifications;
(f)  the name and signature of the person making an entry in the record, and the time and date that the entry was made.
(4)  The information referred to in subregulation (3) must be included in the incident, injury, trauma and illness record as soon as practicable, but not later than 24 hours after the incident, injury or trauma, or the onset of the illness.
88   Infectious diseases
(1)  If there is an occurrence of an infectious disease at an education and care service, the approved provider of the service must ensure that reasonable steps are taken to prevent the spread of the infectious disease at the service.
Penalty: $2000.
(2)  If there is an occurrence of an infectious disease at a centre-based service, the approved provider of the service must ensure that a parent or an authorised emergency contact of each child being educated and cared for by the service is notified of the occurrence as soon as practicable.
Penalty: $2000.
(3)  If there is an occurrence of an infectious disease at a family day care residence or approved family day care venue, the approved provider of the family day care service must ensure that a parent or an authorised emergency contact of each child being educated and cared for at the residence or venue as part of the service is notified of the occurrence as soon as practicable.
Penalty: $2000.
89   First aid kits
(1)  The approved provider of an education and care service must ensure that first aid kits are kept in accordance with this subregulation, wherever the service is providing education and care to children—
(a)  an appropriate number of first aid kits must be kept having regard to the number of children being educated and cared for by the service; and
(b)  the first aid kits must be suitably equipped; and
(c)  the first aid kits must be easily recognisable and readily accessible to adults, having regard to the design of the education and care service premises.
Penalty: $2000.
(2)  A family day care educator must keep a first aid kit that is suitably equipped, easily recognisable and readily accessible to adults wherever the educator is educating and caring for children as part of a family day care service.
Penalty: $2000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
Division 3 Medical conditions policy
90   Medical conditions policy
(1)  The medical conditions policy of the education and care service must set out practices in relation to the following—
(a)  the management of medical conditions, including asthma, diabetes or a diagnosis that a child is at risk of anaphylaxis;
(b)  informing nominated supervisors and staff members of, and volunteers at, the service of practices in relation to managing those medical conditions;
(c)  the requirements arising if a child enrolled at the education and care service has a specific health care need, allergy or relevant medical condition, including—
(i)  requiring a parent of the child to provide a medical management plan for the child; and
(ii)  requiring the medical management plan to be followed in the event of an incident relating to the child’s specific health care need, allergy or relevant medical condition; and
(iii)  requiring the development of a risk-minimisation plan in consultation with the parents of a child—
(A)  to ensure that the risks relating to the child’s specific health care need, allergy or relevant medical condition are assessed and minimised; and
(B)  if relevant, to ensure that practices and procedures in relation to the safe handling, preparation, consumption and service of food are developed and implemented; and
(C)  if relevant, to ensure that practices and procedures to ensure that the parents are notified of any known allergens that pose a risk to a child and strategies for minimising the risk are developed and implemented; and
(D)  to ensure that practices and procedures ensuring that all staff members and volunteers can identify the child, the child’s medical management plan and the location of the child’s medication are developed and implemented; and
(E)  if relevant, to ensure that practices and procedures ensuring that the child does not attend the service without medication prescribed by the child’s medical practitioner in relation to the child’s specific health care need, allergy or relevant medical condition are developed and implemented; and
(iv)  requiring the development of a communications plan to ensure that—
(A)  relevant staff members and volunteers are informed about the medical conditions policy and the medical management plan and risk minimisation plan for the child; and
(B)  a child’s parent can communicate any changes to the medical management plan and risk minimisation plan for the child, setting out how that communication can occur.
(2)  The medical conditions policy of the education and care service must set out practices in relation to self-administration of medication by children over preschool age if the service permits that self-administration.
(3)  In subregulation (2), the practices must include any practices relating to recording in the medication record for a child of notifications from the child that medication has been self-administered.
91   Medical conditions policy to be provided to parents
The approved provider of an education and care service must ensure that a copy of the medical conditions policy document is provided to the parent of a child enrolled at an education and care service if the provider is aware that the child has a specific health care need, allergy or other relevant medical condition.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
Division 4 Administration of medication
92   Medication record
(1)  The approved provider of an education and care service must ensure that a medication record is kept that includes the details set out in subregulation (3) for each child to whom medication is or is to be administered by the service.
(2)  A family day care educator must keep a medication record that includes the details set out in subregulation (3) for each child being educated and cared for by the educator as part of a family day care service to whom medication is or is to be administered.
(3)  The details to be recorded are—
(a)  the name of the child;
(b)  the authorisation to administer medication (including, if applicable, self-administration), signed by a parent or a person named in the child’s enrolment record as authorised to consent to administration of medication;
(c)  the name of the medication to be administered;
(d)  the time and date the medication was last administered;
(e)  the time and date, or the circumstances under which, the medication should be next administered;
(f)  the dosage of the medication to be administered;
(g)  the manner in which the medication is to be administered;
(h)  if the medication is administered to the child—
(i)  the dosage that was administered; and
(ii)  the manner in which the medication was administered; and
(iii)  the time and date the medication was administered; and
(iv)  the name and signature of the person who administered the medication; and
(v)  if another person is required under regulation 95 to check the dosage and administration, the name and signature of that person.
93   Administration of medication
(1)  The approved provider of an education and care service must ensure that medication is not administered to a child being educated and cared for by the service unless—
(a)  that administration is authorised; and
(b)  the medication is administered in accordance with regulation 95 or 96.
Penalty: $2000.
(2)  The approved provider of an education and care service must ensure that written notice is given to a parent or other family member of a child as soon as practicable, if medication is administered to the child under an authorisation referred to in subregulation (5)(b).
Penalty: $1000.
(3)  A nominated supervisor of an education and care service must ensure that medication is not administered to a child being educated and cared for by the service unless—
(a)  that administration is authorised; and
(b)  the medication is administered in accordance with regulation 95 or 96.
Penalty: $2000.
(4)  A family day care educator must ensure that medication is not administered to a child being educated and cared for by the educator as part of a family day care service unless—
(a)  that administration is authorised; and
(b)  the medication is administered in accordance with regulation 95 or 96.
Penalty: $2000.
(5)  In this regulation the administration of medication to a child is authorised if an authorisation to administer the medication—
(a)  is recorded in the medication record for that child under regulation 92; or
(b)  in the case of an emergency, is given verbally by—
(i)  a parent or a person named in the child’s enrolment record as authorised to consent to administration of medication; or
(ii)  if a parent or person named in the enrolment record cannot reasonably be contacted in the circumstances, a registered medical practitioner or an emergency service.
94   Exception to authorisation requirement—anaphylaxis or asthma emergency
(1)  Despite regulation 93, medication may be administered to a child without an authorisation in case of an anaphylaxis or asthma emergency.
(2)  If medication is administered under this regulation, the approved provider or a nominated supervisor of the education and care service or family day care educator must ensure that the following are notified as soon as practicable—
(a)  a parent of the child;
(b)  emergency services.
95   Procedure for administration of medication
Subject to regulation 96, if medication is administered to a child being educated and cared for by an education and care service—
(a)  the medication must be administered—
(i)  if the medication has been prescribed by a registered medical practitioner, from its original container, bearing the original label with the name of the child to whom the medication is to be administered, and before the expiry or use by date; or
(ii)  from its original container, bearing the original label and instructions and before the expiry or use by date; and
(b)  the medication must be administered in accordance with any instructions—
(i)  attached to the medication; or
(ii)  any written or verbal instructions provided by a registered medical practitioner; and
(c)  except in the case of a family day care service or an education and care service that is permitted to have only 1 educator to educate and care for children, the following must be checked by a person other than the person administering the medication—
(i)  the dosage of the medication to be administered;
(ii)  the identity of the child to whom the medication is to be administered.
96   Self-administration of medication
The approved provider of an education and care service may permit a child over preschool age to self-administer medication if—
(a)  an authorisation for the child to self-administer medication is recorded in the medication record for the child under regulation 92; and
(b)  the medical conditions policy of the service includes practices for self-administration of medication.
Division 5 Emergencies and communication
97   Emergency and evacuation procedures
(1)  The emergency and evacuation procedures required under regulation 168 must set out—
(a)  instructions for what must be done in the event of an emergency; and
(b)  an emergency and evacuation floor plan.
(2)  For the purposes of preparing the emergency and evacuation procedures, the approved provider of an education and care service must ensure that a risk assessment is conducted to identify potential emergencies that are relevant to the service.
Penalty: $2000.
(3)  The approved provider of an education and care service must ensure that—
(a)  in the case of a centre-based service, the emergency and evacuation procedures are rehearsed every 3 months by the staff members, volunteers and children present at the service on the day of the rehearsal and the responsible person in relation to the service who is present at the time of the rehearsal; and
(ab)  in the case of a family day care service, the emergency and evacuation procedures are rehearsed every 3 months by each family day care educator and the children being educated and cared for by the family day care educator on that day; and
(b)  the rehearsals of the emergency and evacuation procedures are documented.
Penalty: $2000.
(4)  The approved provider of an education and care service must ensure that a copy of the emergency and evacuation floor plan and instructions are displayed in a prominent position near each exit at the education and care service premises, including a family day care residence and approved family day care venue.
Penalty: $2000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (2), (3) or (4).
98   Telephone or other communication equipment
The approved provider of an education and care service must ensure that, when educating or caring for children as part of the service, nominated supervisors and staff members of the service have ready access to an operating telephone or other similar means of communication to enable immediate communication to and from parents and emergency services.
Penalty: $1000.
Example.
 Fixed-line telephone, mobile phone, satellite phone, 2-way radio, video conferencing equipment.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
Division 6 Collection of children from premises and excursions
99   Children leaving the education and care service premises
(1)  The approved provider of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4).
Penalty: $2000.
(2)  A nominated supervisor of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4).
Penalty: $2000.
(3)  A family day care educator must ensure that a child who is being educated and cared for by the educator as part of a family day care service does not leave the residence or approved family day care venue except in accordance with subregulation (4).
Penalty: $2000.
(4)  The child may only leave the relevant premises if the child—
(a)  is given into the care of—
(i)  a parent of the child; or
(ii)  an authorised nominee named in the child’s enrolment record; or
(iii)  a person authorised by a parent or authorised nominee named in the child’s enrolment record to collect the child from the premises; or
(b)  leaves the premises in accordance with the written authorisation of the child’s parent or authorised nominee named in the child’s enrolment record; or
(c)  is taken on an excursion in accordance with this Division; or
(d)  is given into the care of a person or taken outside the premises—
(i)  because the child requires medical, hospital or ambulance care or treatment; or
(ii)  because of another emergency.
(5)  In this regulation parent does not include a parent who is prohibited by a court order from having contact with the child.
Note.
 Regulation 99 does not apply in Western Australia. Western Australia has enacted an equivalent provision in section 165A of the Schedule to the Education and Care Services National Law (WA) Act 2012.
100   Risk assessment must be conducted before excursion
(1)  The approved provider of an education and care service must ensure a risk assessment is carried out in accordance with regulation 101 before an authorisation is sought under regulation 102 for an excursion.
Penalty: $2000.
(2)  A nominated supervisor of an education and care service must ensure a risk assessment is carried out in accordance with regulation 101 before an authorisation is sought under regulation 102 for an excursion.
Penalty: $2000.
(3)  A family day care educator must carry out a risk assessment in accordance with regulation 101 before an authorisation is sought under regulation 102 for an excursion.
Penalty: $2000.
(4)  A risk assessment is not required under this regulation for an excursion if—
(a)  the excursion is a regular outing; and
(b)  a risk assessment has been conducted for the excursion; and
(c)  that risk assessment has been conducted not more than 12 months before the excursion is to occur.
101   Conduct of risk assessment for excursion
(1)  A risk assessment for an excursion must—
(a)  identify and assess risks that the excursion may pose to the safety, health or wellbeing of any child being taken on the excursion; and
(b)  specify how the identified risks will be managed and minimised.
(2)  Without limiting subregulation (1), a risk assessment must consider—
(a)  the proposed route and destination for the excursion; and
(b)  any water hazards; and
(c)  any risks associated with water-based activities; and
(d)  the transport to and from the proposed destination for the excursion; and
(e)  the number of adults and children involved in the excursion; and
(f)  given the risks posed by the excursion, the number of educators or other responsible adults that is appropriate to provide supervision and whether any adults with specialised skills are required; and
Example.
 Specialised skills could include life-saving skills.
(g)  the proposed activities; and
(h)  the proposed duration of the excursion; and
(i)  the items that should be taken on the excursion.
Example.
 A mobile phone and a list of emergency contact numbers for children on the excursion.
102   Authorisation for excursions
(1)  The approved provider of an education and care service must ensure that a child being educated and cared for by the service is not taken outside the education and care service premises on an excursion unless written authorisation has been provided under subregulation (4).
Penalty: $1000.
(2)  A nominated supervisor of an education and care service must ensure that a child being educated and cared for by the service is not taken outside the education and care service premises on an excursion unless written authorisation has been provided under subregulation (4).
Penalty: $1000.
(3)  A family day care educator must ensure that a child who is being educated and cared for by the educator as part of a family day care service is not taken outside the residence or approved family day care venue on an excursion unless written authorisation has been provided under subregulation (4).
Penalty: $1000.
(4)  The authorisation must be given by a parent or other person named in the child’s enrolment record as having authority to authorise the taking of the child outside the education and care sevice premises by an educator and must state—
(a)  the child’s name; and
(b)  the reason the child is to be taken outside the premises; and
(c)  the date the child is to be taken on the excursion (unless the authorisation is for a regular outing); and
(d)  a description of the proposed destination for the excursion; and
(e)  the method of transport to be used for the excursion; and
(f)  the proposed activities to be undertaken by the child during the excursion; and
(g)  the period the child will be away from the premises; and
(h)  the anticipated number of children likely to be attending the excursion; and
(i)  the anticipated ratio of educators attending the excursion to the anticipated number of children attending the excursion; and
(j)  the anticipated number of staff members and any other adults who will accompany and supervise the children on the excursion; and
(k)  that a risk assessment has been prepared and is available at the service.
(5)  If the excursion is a regular outing, the authorisation is only required to be obtained once in a 12 month period.
Part 4.3 Physical environment
Division 1 Centre-based services and family day care services
103   Premises, furniture and equipment to be safe, clean and in good repair
(1)  The approved provider of an education and care service must ensure that the education and care service premises and all equipment and furniture used in providing the education and care service are safe, clean and in good repair.
Penalty: $2000.
(2)  This regulation does not apply to a part of a family day care residence that is not used to provide a family day care service.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
104   Fencing
(1)  The approved provider of an education and care service must ensure that any outdoor space used by children at the education and care service premises is enclosed by a fence or barrier that is of a height and design that children preschool age or under cannot go through, over or under it.
Penalty: $2000.
(2)  This regulation does not apply to a centre-based service that primarily provides education and care to children over preschool age.
(3)  This regulation does not apply in respect of a family day care residence or a family day care venue if all the children being educated and cared for at that residence or venue as part of a family day care service are over preschool age.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
105   Furniture, materials and equipment
The approved provider of an education and care service must ensure that each child being educated and cared for by the education and care service has access to sufficient furniture, materials and developmentally appropriate equipment suitable for the education and care of that child.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
106   Laundry and hygiene facilities
(1)  The approved provider of an education and care service must ensure that the service has—
(a)  laundry facilities or access to laundry facilities; or
(b)  other arrangements for dealing with soiled clothing, nappies and linen, including hygienic facilities for storage prior to their disposal or laundering—
that are adequate and appropriate for the needs of the service.
(2)  The approved provider of the service must ensure that laundry and hygienic facilities are located and maintained in a way that does not pose a risk to children.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1) or (2).
107   Space requirements—indoor space
(1)  This regulation does not apply in respect of a family day care residence.
(2)  The approved provider of an education and care service must ensure that, for each child being educated and cared for by the service, the education and care service premises has at least 3.25 square metres of unencumbered indoor space.
Penalty: $2000.
(3)  In calculating the area of unencumbered indoor space—
(a)  the following areas are to be excluded—
(i)  any passageway or thoroughfare (including door swings);
(ii)  any toilet and hygiene facilities;
(iii)  any nappy changing area or area for preparing bottles;
(iv)  any area permanently set aside for the use or storage of cots;
(v)  any area permanently set aside for storage;
(vi)  any area or room for staff or administration;
(vii)  any other space that is not suitable for children;
(b)  the area of a kitchen is to be excluded, unless the kitchen is primarily to be used by children as part of an educational program provided by the service.
(4)  The area of a verandah may be included in calculating the area of indoor space only with the written approval of the Regulatory Authority.
(5)  A verandah that is included in calculating the area of outdoor space cannot be included in calculating the area of indoor space.
(6)  In this regulation a reference to a child does not include—
(a)  a child being educated or cared for in an emergency in the circumstances set out in regulation 123(5); or
(b)  an additional child being educated or cared for in exceptional circumstances as set out in regulation 124(5) and (6).
Note.
 A compliance direction may be issued for failure to comply with subregulation (2).
108   Space requirements—outdoor space
(1)  This regulation does not apply in respect of a family day care residence.
(2)  The approved provider of an education and care service must ensure that, for each child being educated and cared for by the service, the education and care service premises has at least 7 square metres of unencumbered outdoor space.
Penalty: $2000.
(3)  In calculating the area of unencumbered outdoor space required, the following areas are to be excluded—
(a)  any pathway or thoroughfare, except where used by children as part of the education and care program;
(b)  any car parking area;
(c)  any storage shed or other storage area;
(d)  any other space that is not suitable for children.
(4)  A verandah that is included in calculating the area of indoor space cannot be included in calculating the area of outdoor space.
(5)  An area of unencumbered indoor space may be included in calculating the outdoor space of a service that provides education and care to children over preschool age if—
(a)  the Regulatory Authority has given written approval; and
(b)  that indoor space has not been included in calculating the indoor space under regulation 107.
(6)  In this regulation a reference to a child does not include—
(a)  a child being educated or cared for in an emergency in the circumstances set out in regulation 123(5); or
(b)  an additional child being educated or cared for in exceptional circumstances as set out in regulation 124(5) and (6).
Note.
 A compliance direction may be issued for failure to comply with subregulation (2).
109   Toilet and hygiene facilities
The approved provider of an education and care service must ensure that—
(a)  adequate, developmentally and age-appropriate toilet, washing and drying facilities are provided for use by children being educated and cared for by the service; and
(b)  the location and design of the toilet, washing and drying facilities enable safe use and convenient access by the children.
110   Ventilation and natural light
The approved provider of an education and care service must ensure that the indoor spaces used by children at the education and care service premises—
(a)  are well ventilated; and
(b)  have adequate natural light; and
(c)  are maintained at a temperature that ensures the safety and wellbeing of children.
Penalty: $2000.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
Division 2 Additional requirements for centre-based services
111   Administrative space
The approved provider of a centre-based service must ensure that an adequate area or areas are available at the education and care service premises for the purposes of—
(a)  conducting the administrative functions of the service; and
(b)  consulting with parents of children; and
(c)  conducting private conversations.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
112   Nappy change facilities
(1)  This regulation applies if a centre-based service educates and cares for children who wear nappies.
(2)  The approved provider of the service must ensure that adequate and appropriate hygienic facilities are provided for nappy changing.
(3)  Without limiting subregulation (2), the approved provider of the service must ensure that the following are provided—
(a)  if any of the children are under 3 years of age, at least 1 properly constructed nappy changing bench; and
(b)  hand cleansing facilities for adults in the immediate vicinity of the nappy change area.
Penalty: $1000.
(4)  The approved provider of the service must ensure that nappy change facilities are designed, located and maintained in a way that prevents unsupervised access by children.
Note.
 A compliance direction may be issued for failure to comply with subregulation (3).
113   Outdoor space—natural environment
The approved provider of a centre-based service must ensure that the outdoor spaces provided at the education and care service premises allow children to explore and experience the natural environment.
Example.
 The use of natural features such as trees, sand and natural vegetation.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
114   Outdoor space—shade
The approved provider of a centre-based service must ensure that outdoor spaces provided at the education and care service premises include adequate shaded areas to protect children from overexposure to ultraviolet radiation from the sun.
Penalty: $1000.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
115   Premises designed to facilitate supervision
The approved provider of a centre-based service must ensure that the education and care service premises (including toilets and nappy change facilities) are designed and maintained in a way that facilitates supervision of children at all times that they are being educated and cared for by the service, having regard to the need to maintain the rights and dignity of the children.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
Division 3 Additional provisions for family day care services
116   Assessments of family day care residences and approved family day care venues
(1)  The approved provider of a family day care service must conduct an assessment (including a risk assessment) of each proposed residence and each proposed family day care venue of the service before education and care is provided to children at the residence or venue as part of the service to ensure that the health, safety and wellbeing of children who are educated and cared for by the service are protected.
Penalty: $2000.
(1A)  Subregulation (1) does not apply in respect of an approved family day care venue if an assessment (including a risk assessment) of the family day care venue was included in—
(a)  an application for a service approval under regulation 26(n)(iii); or
(b)  an application to amend a service approval under regulation 34(f)(iii).
(1B)  The approved provider of a family day care service must conduct an assessment (including a risk assessment) of each residence and each approved family day care venue of the service at least annually to ensure that the health, safety and wellbeing of children who are educated and cared for by the service are protected.
Penalty: $2000.
(2)  The following matters must be considered as part of an assessment—
(a)  the matters relating to family day care services in Division 1 and regulation 117;
(b)  the suitability of the residence (and areas within the residence) or venue according to the number, ages and abilities of children attending, or likely to attend, the service at the residence or venue;
(c)  the suitability of nappy change arrangements for children attending, or likely to attend, the service at the residence or venue, who wear nappies;
(d)  the existence of any water hazards, water features or swimming pool at or near the residence or venue;
(e)  the risk posed by any animals at the residence or venue.
(3)  The approved provider of a family day care service must require each family day care educator educating and caring for children at a residence or approved family day care venue as part of the service to advise the provider of—
(a)  any proposed renovations to the residence or venue; and
(b)  any changes relating to the residence or venue affecting any of the matters set out in subregulation (2); and
(c)  any other changes to the residence or venue that will affect the education and care provided to children at the service.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
117   Glass
(1)  The approved provider of a family day care service must ensure that any glazed area of a residence or approved family day care venue of the service complies with subregulation (2) if the area—
(a)  is accessible to children; and
(b)  either—
(i)  is of or below the height above floor level, specified by AS 1288-2006 Glass in buildings—Selection and installation, approved on behalf of the Council of Standards Australia, published on 16 January 2006, incorporating Amendments Nos 1 and 2; or
Note.
 The height above floor level specified in subparagraph (i) does not apply in Western Australia. The applicable height above floor level is 1 metre—see regulation 117(1)(b) of the Education and Care Services National Regulations 2012 of Western Australia.
(ii)  if the residence or family day care venue was approved before 1 June 2014, is 0.75 metres or less above floor level.
(2)  The glazed area must be—
(a)  glazed with safety glass, if the Building Code of Australia requires this; or
(b)  in any other case—
(i)  treated with a product that prevents glass from shattering if broken; or
(ii)  guarded by barriers that prevent a child from striking or falling against the glass.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
Part 4.3A Minimum requirements for persons in day to day charge and nominated supervisors
117A   Placing a person in day-to-day charge
For the purposes of the definition of a person in day-to-day charge in section 5(1) of the Law, a person is in day-to-day charge of an education and care service if—
(a)  the person is placed in day-to-day charge by the approved provider or a nominated supervisor of the education and care service; and
(b)  the person consents to the placement in writing.
117B   Minimum requirements for a person in day-to-day charge
(1)  An approved provider or a nominated supervisor of an education and care service must not place a person in day-to-day charge unless—
(a)  the person has attained the age of 18 years; and
(b)  the approved provider or nominated supervisor (as the case requires)—
(i)  has had regard to the matters set out in subregulation (2); and
(ii)  has taken reasonable steps to ensure that the person has adequate knowledge and understanding of the provision of education and care to children and an ability to effectively supervise and manage an education and care service.
(2)  For the purposes of subregulation (1)(b)(i), the matters are—
(a)  the person’s history of compliance with—
(i)  the Law as applying in any participating jurisdiction; and
(ii)  a former education and care services law of a participating jurisdiction; and
(iii)  a children’s services law of a participating jurisdiction; and
(iv)  an education law of a participating jurisdiction; and
(b)  any decision under the Law to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under—
(i)  the Law as applying in any participating jurisdiction; and
(ii)  a former education and care services law of a participating jurisdiction; and
(iii)  a children’s services law of a participating jurisdiction; and
(iv)  an education law of a participating jurisdiction.
117C   Minimum requirements for a nominated supervisor
(1)  For the purposes of section 161A of the Law, the prescribed minimum requirements for nomination of a person as a nominated supervisor of an education and care service are that the person must—
(a)  have attained the age of 18 years; and
(b)  have adequate knowledge and understanding of the provision of education and care to children; and
(c)  have the ability to effectively supervise and manage an education and care service.
(2)  In determining whether to nominate a person as a nominated supervisor, an approved provider of an education and care service must have regard to the following matters—
(a)  the history of the person’s compliance with—
(i)  the Law as applying in any participating jurisdiction; and
(ii)  a former education and care services law of a participating jurisdiction; and
(iii)  a children’s services law of a participating jurisdiction; and
(iv)  an education law of a participating jurisdiction;
(b)  any decision under the Law to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under—
(i)  the Law as applying in any participating jurisdiction; and
(ii)  a former education and care services law of a participating jurisdiction; and
(iii)  a children’s services law of a participating jurisdiction; and
(iv)  an education law of a participating jurisdiction.
Part 4.4 Staffing arrangements
Division 1 Educational leader
118   Educational leader
The approved provider of an education and care service must designate, in writing, a suitably qualified and experienced educator, co-ordinator or other individual as educational leader at the service to lead the development and implementation of educational programs in the service.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
Division 2 Age and supervision requirements
119   Family day care educator and family day care educator assistant to be at least 18 years old
The approved provider of a family day care service must ensure that any family day care educator and any family day care educator assistant engaged by or registered with the service has attained the age of 18 years.
Penalty: $1000.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
120   Educators who are under 18 to be supervised
The approved provider of a centre-based service must ensure that any educator at the service who is under 18 years of age—
(a)  does not work alone at the service; and
(b)  is adequately supervised at all times by an educator who has attained the age of 18 years.
Penalty: $1000.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
Division 3 Minimum number of educators and family day care co-ordinators required
121   Application of Division 3
(1)  This Division prescribes the minimum number of educators required to educate and care for children at an education and care service for the purposes of section 169(1) and (3) of the Law.
(2)  Division 4 sets out the minimum qualifications for educators and Division 5 sets out how many educators are to be early childhood teachers.
Note.
 Chapter 7 contains provisions that affect the operation of this Division in relation to particular jurisdictions.
122   Educators must be working directly with children to be included in ratios
An educator cannot be included in calculating the educator to child ratio of a centre-based service unless the educator is working directly with children at the service.
123   Educator to child ratios—centre-based services
(1)  The minimum number of educators required to educate and care for children at a centre-based service is to be calculated in accordance with the following ratios—
(a)  for children from birth to 24 months of age—1 educator to 4 children;
(b)  for children over 24 months and less than 36 months of age—1 educator to 5 children;
(c)  for children aged 36 months of age or over (not including children over preschool age)—1 educator to 11 children;
(d)  for children over preschool age, 1 educator to 15 children.
(2)  If children being educated and cared for at a centre-based service are of mixed ages the minimum number of educators for the children must meet the requirements of subregulation (1) at all times.
(3)  If an early childhood teacher is required under Division 5 to be in attendance at a centre-based service, subject to regulation 122 that teacher is counted as an educator at the service for the purposes of this regulation.
(4)  If a centre-based service is required under regulation 130 or 131 to have access to an early childhood teacher for a period, subject to regulation 122 that teacher is counted as an educator at the service for the purposes of this regulation.
(5)  In subregulations (1) and (2) a reference to children does not include a child who is, or 2 or more children from the same family who are, educated and cared for at a centre-based service in an emergency for a period of not more than 2 consecutive days on which the service operates.
Examples.
 
1   
A child is determined to be in need of protection under a child protection order.
2   
The parent of a child needs urgent health care that prevents them caring for the child.
(6)  An approved provider of a centre-based service must not permit an additional child or additional children to be educated and cared for at the service in an emergency in the circumstances set out in subsection (5) unless the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of all the children attending the service.
Note.
 The Education and Care Services National Regulations 2012 of Western Australia include an extra subregulation before subregulation (1) as follows—
  
“(1A)  In this regulation—
emergency, in relation to a child, means a serious and unexpected short term care emergency that requires the child to be provided with immediate education and care.
Examples:
 
1   
A child is determined to be in need of protection under a child protection order.
2   
The parent of a child needs urgent health care that prevents them caring for the child.”.
123A   Family day care co-ordinator to educator ratios—family day care service
For the purposes of section 163(1) of the Law, the prescribed minimum number of qualified persons employed or engaged as family day care co-ordinators of the family day care service is to be calculated in accordance with the following ratios—
(a)  for the first 12 months after the service commences providing education and care to children as part of the family day care service, 1 full-time equivalent family day care co-ordinator for every 15 family day care educators;
(b)  after the end of that 12 month period, 1 full-time equivalent family day care co-ordinator for every 25 family day care educators.
124   Number of children who can be educated and cared for—family day care educator
(1)  A family day care educator must not educate and care for more than 7 children at a family day care residence or approved family day care venue at any one time.
(2)  In determining the number of children who can be educated and cared for by a family day care educator for the purposes of subregulation (1)—
(a)  no more than 4 can be preschool age or under; and
(b)  if the children are being educated and cared for at a residence, the educator’s own children and any other children at the residence are to be taken into account if—
(i)  those children are under 13 years of age; and
(ii)  there is no other adult present and caring for the children.
(3)  No more than 7 children can be educated and cared for as part of a family day care service at a family day care residence or an approved family day care venue at any one time.
(4)  Subregulation (3) does not apply to children visiting a family day care residence or an approved family day care venue as part of an excursion.
Note.
 A visiting family day care educator must do a risk assessment for the excursion under regulation 100.
(5)  Despite subregulations (1) to (4), the approved provider of a family day care service may approve, in writing, a family day care educator to educate and care for more than 7 children, or more than 4 children who are preschool age or under, at any one time, in exceptional circumstances.
(6)  For the purposes of subregulation (5), exceptional circumstances exist if—
(a)  all the children being educated and cared for by the family day care educator are siblings in the same family; or
(b)  a child to be educated and cared for is determined to be in need of protection under a child protection law and the family day care educator is determined to be the best person to educate and care for the child; or
(c)  the family day care residence or approved family day care venue is in a rural or remote area and no alternative education and care service is available.
Division 4 Educational qualifications for educators
125   Application of Division 4
This Division prescribes the educational qualifications required for—
(a)  educators educating and caring for children at education and care services for the purposes of section 169(2) and (4) of the Law; and
(b)  family day care co-ordinators for the purposes of sections 55A and 163 of the Law.
Note.
 Chapter 7 contains provisions that affect the operation of this Division in relation to particular jurisdictions.
126   Centre-based services—general educator qualifications
(1)  The qualification requirements for educators at a centre-based service educating and caring for children preschool age or under are as follows—
(a)  at least 50 per cent of the educators who are required to meet the relevant educator to child ratios for the service must have, or be actively working towards, at least an approved diploma level education and care qualification; and
(b)  all other educators who are required to meet the relevant educator to child ratios for the service must have, or be actively working towards, at least an approved certificate III level education and care qualification.
(1A)  The qualification requirements in subregulation (1)(b) do not apply to an educator if the educator has been employed by an approved provider on a probationary basis for not more than 3 months, at one or more centre-based services operated by the approved provider.
(1B)  Subregulation (1A) does not apply in relation to New South Wales or South Australia.
(2)  The qualification requirements for educators at a centre-based service educating and caring for children over preschool age in a jurisdiction are the qualification requirements (if any) set out in Chapter 7 for that jurisdiction.
(3)  If Division 5 requires an early childhood teacher to be in attendance at a centre-based service, that teacher, or a person taken to be an early childhood teacher under regulation 135(1)(b), is to be counted as meeting the requirements of subregulation (1)(a).
Notes.
 
1   
Meaning of actively working towards—see regulation 10.
2   
An early childhood teacher can be included in determining the number of educators who have an approved diploma level education and care qualification if the teacher is working directly with children.
127   Family day care educator qualifications
A family day care educator must have, or be actively working towards, at least an approved certificate III level education and care qualification.
128   Family day care co-ordinator qualifications
A family day care co-ordinator must have an approved diploma level education and care qualification.
Division 5 Requirements for educators who are early childhood teachers.
129   Application of Division 5
(1)  This Division prescribes requirements for access to or attendance of educators who are early childhood teachers at a centre-based service for the purposes of section 169 of the Law.
Note.
 Chapter 7 contains provisions that affect the operation of this Division in relation to particular jurisdictions.
(2)  This Division does not apply to a centre-based service if the main purpose of that service is to provide education and care to children over preschool age.
(3)  In this Division a reference to a number of children being educated or cared for by a centre-based service does not include a child being educated or cared for in an emergency in the circumstances set out in regulation 123(5).
130   Requirement for early childhood teacher—centre-based services—fewer than 25 approved places
(1)  If the approved number of places for children preschool age or under at a centre-based service is fewer than 25, the service must have access to an early childhood teacher working with the service for at least 20 per cent of the time that the service provides education and care.
(2)  To comply with subregulation (1), the early childhood teacher may be working with the service by means of information communication technology.
(3)  For the purposes of this regulation the period that an early childhood teacher works with a centre-based service may be calculated on a quarterly basis.
131   Requirement for early childhood teacher—centre-based services—25 or more approved places but fewer than 25 children
(1)  This regulation applies if the approved number of places for children preschool age or under at a centre-based service is 25 or more but the service is educating or caring for fewer than 25 children.
(2)  The service must comply with regulation 130 during any period that it educates and cares for fewer than 25 children.
Note.
 Regulation 132 applies if the centre-based service provides education and care to 25 or more but less than 60 children preschool age or under.
(3)  Any period that an early childhood teacher is in attendance at the service in compliance with regulation 132 may be counted towards the period of access to an early childhood teacher required by subregulation (2).
132   Requirement for early childhood teacher—centre-based services—25 to 59 children
(1)  If a centre-based service provides education and care to 25 or more but less than 60 children preschool age or under on a given day, an early childhood teacher must be in attendance at the service—
(a)  for at least 6 hours on that day, if the service operates for 50 or more hours a week; or
(b)  for 60 per cent of the operating hours of the service on that day, if the service operates for less than 50 hours a week.
(2)  A centre-based service is not required to comply with subregulation (1) if—
(a)  the approved number of places for children preschool age or under at the service is 25 or more but less than 60; and
(b)  the service employs or engages a full-time or full-time equivalent early childhood teacher at the service.
133   Requirement for early childhood teacher—centre-based services—60 to 80 children
(1)  If a centre-based service provides education and care to 60 or more but not more than 80 children preschool age or under on a given day—
(a)  an early childhood teacher must be in attendance at the service—
(i)  for at least 6 hours on that day, if the service operates for 50 or more hours a week; or
(ii)  for 60 per cent of the operating hours of the service on that day, if the service operates for less than 50 hours a week; and
(b)  a second early childhood teacher or another suitably qualified person must be in attendance at the service—
(i)  for at least 3 hours on that day, if the service operates for 50 or more hours a week; or
(ii)  for 30 per cent of the operating hours of the service on that day, if the service operates for less than 50 hours a week.
(2)  A centre-based service is not required to comply with subregulation (1) if—
(a)  the approved number of places for children preschool age or under at the service is 60 or more but not more than 80; and
(b)  the service employs or engages—
(i)  a full-time or full-time equivalent early childhood teacher at the service; and
(ii)  a second early childhood teacher or a suitably qualified person for half of the full-time or full-time equivalent hours at the service.
134   Requirement for early childhood teacher—centre-based services—more than 80 children
(1)  If a centre-based service provides education and care to more than 80 children preschool age or under on a given day—
(a)  an early childhood teacher must be in attendance at the service—
(i)  for at least 6 hours on that day, if the service operates for 50 or more hours a week; or
(ii)  for 60 per cent of the operating hours of the service on that day, if the service operates for less than 50 hours a week; and
(b)  a second early childhood teacher or another suitably qualified person must be in attendance at the service—
(i)  for at least 6 hours on that day, if the service operates for 50 or more hours a week; or
(ii)  for 60 per cent of the operating hours of the service on that day, if the service operates for less than 50 hours a week.
(2)  A centre-based service is not required to comply with subregulation (1) if—
(a)  the approved number of places for children preschool age or under at a centre-based service is more than 80; and
(b)  the service employs or engages—
(i)  a full-time or full-time equivalent early childhood teacher at the service; and
(ii)  a second full-time or full-time equivalent early childhood teacher or suitably qualified person.
135   Early childhood teacher illness or absence
(1)  If an early childhood teacher is absent from the education and care service because of short-term illness or leave, the following persons may be taken for the purposes of regulations 132(1), 133(1) and 134(1) to be an early childhood teacher during that absence—
(a)  a person who holds an approved diploma level education and care qualification;
(b)  a person who holds a qualification in primary teaching.
(2)  The combined total of all periods of absence for which persons are taken to be an early childhood teacher of an education and care service under subregulation (1) in any 12 month period must not exceed 60 days.
Division 6 First aid qualifications
136   First aid qualifications
(1)  The approved provider of a centre-based service must ensure that each of the following persons are in attendance at any place where children are being educated and cared for by the service, and immediately available in an emergency, at all times that children are being educated and cared for by the service—
(a)  at least one staff member or one nominated supervisor of the service who holds a current approved first aid qualification;
(b)  at least one staff member or one nominated supervisor of the service who has undertaken current approved anaphylaxis management training;
(c)  at least one staff member or one nominated supervisor of the service who has undertaken current approved emergency asthma management training.
Penalty: $2000.
(2)  If children are being educated and cared for at service premises on the site of a school, it is sufficient for the purposes of subregulation (1) if the following are in attendance at the school site and immediately available in an emergency—
(a)  for the purposes of subregulation (1)(a), at least one staff member of the school who holds a current approved first aid qualification;
(b)  for the purposes of subregulation (1)(b), at least one staff member of the school who has undertaken current approved anaphylaxis management training;
(c)  for the purposes of subregulation (1)(c), at least one staff member of the school who has undertaken current approved emergency asthma management training.
(3)  The approved provider of a family day care service must ensure that each family day care educator and family day care educator assistant engaged by or registered with the service—
(a)  holds a current approved first aid qualification; and
(b)  has undertaken current approved anaphylaxis management training; and
(c)  has undertaken current approved emergency asthma management training.
Penalty: $2000.
(4)  The same person may hold one or more of the qualifications set out in subregulation (1).
(5)  In this regulation—
approved anaphylaxis management training means anaphylaxis management training approved by the National Authority in accordance with Division 7;
approved emergency asthma management training means emergency asthma management training approved by the National Authority in accordance with Division 7;
approved first aid qualification means a qualification that—
(a)  includes training in the following that relates to and is appropriate to children—
(i)  emergency life support and cardio-pulmonary resuscitation;
(ii)  convulsions;
(iii)  poisoning;
(iv)  respiratory difficulties;
(v)  management of severe bleeding;
(vi)  injury and basic wound care;
(vii)  administration of an auto-immune adrenalin device; and
(b)  has been approved by the National Authority in accordance with Division 7.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
Division 7 Approval and determination of qualifications
137   Approval of qualifications
(1)  The National Authority must publish on its website lists of qualifications it has approved for the purposes of the Law including—
(a)  a list of approved early childhood teaching qualifications; and
(b)  a list of approved diploma level education and care qualifications; and
(c)  a list of approved certificate III level education and care qualifications; and
(d)  a list of approved qualifications for suitably qualified persons; and
(e)  a list of approved first aid qualifications and anaphylaxis management and emergency asthma management training.
(2)  The National Authority must also publish on its website lists of qualifications it has approved for the purposes of Chapter 7 including—
(a)  a list of former qualifications approved as any of the following—
(i)  early childhood teaching qualifications;
(ii)  diploma level education and care qualifications;
(iii)  certificate III level education and care qualifications; and
(b)  for Queensland, a list of former qualifications approved as either of the following—
(i)  diploma level education and care qualifications;
(ii)  certificate III level education and care qualifications; and
(c)  a list of qualifications for working with children over preschool age for each participating jurisdiction; and
(d)  a list of qualifications and former qualifications for family day care coordinators in Queensland.
(3)  The National Authority may publish on its website qualifications and training that it has approved as equivalent to an approved qualification or training for the purposes of the Law.
(4)  The National Authority may publish on its website the following for the purposes of the definition of actively working towards a qualification—
(a)  units of approved certificate III level education and care qualifications;
(b)  the percentage of total units required for completion of an approved early childhood teaching qualification.
138   Application for qualification to be assessed for inclusion on the list of approved qualifications
(1)  A person may apply to the National Authority to assess a qualification for the purpose of approving that qualification under the Law.
(2)  The application must include—
(a)  a detailed outline of the course of study for the qualification, including details of any supervised practicum placements and the length of the course; and
(b)  the relevant fee set out in Schedule 2.
139   Application for determination of equivalent qualification
(1)  An application for a determination of an equivalent qualification under section 169(7) of the Law must—
(a)  include the information set out in regulations 140, 141(1), 142 and 143; and
(b)  be accompanied by the relevant fee set out in Schedule 2.
(2)  The application must also include—
(a)  a statutory declaration by the applicant that the information provided in the application is true and correct; and
(b)  the applicant’s consent to verification by the National Authority of the information provided in the application; and
(c)  any other information that the National Authority declares in guidelines is required with the application.
(3)  The National Authority may accept other evidence (including by statutory declaration) of information required to be included in the application if the certified copies of that information required by regulations 142 and 143 cannot be provided.
(4)  An applicant must provide any additional information about the application and documents that the National Authority reasonably requires.
140   Application for determination of an equivalent qualification
The following information is required for an application for a determination of an equivalent qualification—
(a)  the applicant’s full name;
(b)  the applicant’s contact details;
(c)  the applicant’s gender;
(d)  the applicant’s date of birth;
(e)  if the applicant is currently engaged with or employed by an education and care service, the following information—
(i)  the name and address of the service;
(ii)  the position the applicant is currently working in;
(iii)  the length of time the applicant has been with the service;
(f)  if the applicant is not an Australian citizen, the applicant’s visa or residency status in Australia (or both);
(g)  in relation to the qualification for which the applicant seeks a determination—
(i)  the name of the qualification; and
(ii)  the full name and location (city, state and country) of the educational institution that awarded the qualification; and
(iii)  if the applicant studied for the qualification at an educational institution different to the institution that awarded the qualification, the full name and location (city, state and country) of that institution; and
(iv)  the years the applicant commenced and completed study for the qualification; and
(v)  whether the study for the qualification was completed on a full-time or part-time basis (or both); and
(vi)  the length of study required to complete the qualification on a full-time basis; and
(vii)  a summary of the major areas of study in the qualification, including the areas of study that relate to early childhood years and a description of how they are so related;
(h)  details of any other course or study undertaken by the applicant that was a prerequisite for admission to study for the qualification or formed a credit towards the qualification (for example, a relevant course undertaken during secondary or vocational schooling);
(i)  primary documentation (or a statutory declaration if primary documentation is not available) of any supervised practicum placements undertaken during study for the qualification, including the following details—
(i)  the name and location of the practicum centre;
(ii)  the duration of the placement;
(iii)  the setting of the placement, including (where practicable) the ages of children worked with during the placement;
(iv)  the ages of children at the placement;
(v)  the year the placement was completed;
(vi)  evidence of the successful completion of the placement;
(j)  a summary of the applicant’s education, other than the qualification that is to be determined, including—
(i)  the age, grade levels and years the applicant started and completed—
(A)  secondary schooling; and
(B)  any relevant tertiary education; and
(C)  any relevant vocational schooling; and
(ii)  the full name and location (city, state and country) of each educational institution attended by the applicant for secondary schooling and any relevant tertiary and vocational schooling.
141   Additional information for application for determination of equivalent qualification
(1)  The following documents must also be provided with an application for determination of an equivalent qualification—
(a)  a certified copy of the applicant’s qualifications, including—
(i)  the qualification to be determined; and
(ii)  any other qualifications that were a prerequisite for, or formed a credit towards completion of, the qualification that is to be determined;
(b)  a certified copy of the transcript of academic record of the applicant for—
(i)  the qualification that is to be determined; and
(ii)  the applicant’s primary and secondary schooling (where it is practicable to do so); and
(iii)  any other relevant tertiary education; and
(iv)  any other relevant vocational schooling; and
(v)  any other course that was a prerequisite for, or formed a credit towards completion of, the qualification that is to be determined;
(c)    (Repealed)
(d)  proof of the applicant’s identity;
(e)  a certified copy of evidence of any name change of the applicant since the qualification was obtained.
(2)  If the qualification was awarded, or the educational institution was attended, in a country other than Australia, the applicant must, at the request of the National Authority, give the National Authority a certification of the Australian Qualification Framework level of the qualification from—
(a)  the Australian Education International-National Office of Overseas Skills Recognition, located in the Department of Education, Employment and Workplace Relations of the Commonwealth; or
(b)  Trades Recognition Australia, located in the Department of Education, Employment and Workplace Relations of the Commonwealth; or
Note.
 Western Australia has replaced paragraph (b) with the following—
  
“(b)  Trades Recognition Australia, located in the Department of Industry of the Commonwealth; or”.
See regulation 141(2)(b) of the Education and Care Services National Regulations 2012 of Western Australia.
(c)  an overseas qualification unit, or other unit responsible for recognising overseas qualifications, of the State or Territory where the applicant resides.
142   Translations of documents
Certified copies of Australian Government or other official translations of the documents referred to in regulations 140 and 141 are required if the originals are in a language other than English (in addition to the copies of the originals).
143   Certification of documents
The documents set out in regulations 140 and 141 that are required to be provided with the application or otherwise to the National Authority must be certified as a copy of the original by—
(a)  the institution that originally issued the documents; or
(b)  a justice of the peace; or
(c)  a person authorised under the legislation of the participating jurisdiction to witness or take statutory declarations; or
(d)  a person accredited as a translator who is employed by an Australian overseas diplomatic mission; or
(e)  a person accredited as a translator and interpreter by the National Accreditation Authority for Translators and Interpreters Limited A.C.N. 008 596 996.
Division 7A Minimum requirements for a family day care educator
143A   Minimum requirements for a family day care educator
(1)  An approved provider of a family day care service must not register or engage a person as a family day care educator unless the approved provider—
(a)  has had regard to the matters set out in subregulation (2); and
(b)  has taken reasonable steps to ensure that the person has adequate knowledge and understanding of the provision of education and care to children.
Penalty: $2000.
(2)  For the purposes of subregulation (1)(a), the matters are—
(a)  the person’s history of compliance with—
(i)  the Law as applying in any participating jurisdiction; and
(ii)  a former education and care services law of a participating jurisdiction; and
(iii)  a children’s services law of a participating jurisdiction; and
(iv)  an education law of a participating jurisdiction; and
(b)  any decision under the Law to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under—
(i)  the Law as applying in any participating jurisdiction; and
(ii)  a former education and care services law of a participating jurisdiction; and
(iii)  a children’s services law of a participating jurisdiction; and
(iv)  an education law of a participating jurisdiction.
143B   Ongoing management of family day care educators
An approved provider of a family day care service must take reasonable steps to ensure that—
(a)  each family day care educator engaged by or registered with the service maintains an adequate knowledge and understanding of the provision of education and care to children; and
(b)  any serious incident that occurs while a child is being educated and cared for by a family day care educator as part of the service is adequately addressed; and
(c)  any complaints alleging that this Law has been contravened or that a serious incident has occurred or is occurring while a child was or is being educated and cared for by a family day care educator is adequately addressed.
Penalty: $2000.
Division 8 Family day care educator assistant
144   Family day care educator assistant
(1)  For the purposes of section 164A(1) and (2) of the Law, a person other than a family day care educator may educate and care for a child as part of a family day care service if—
(a)  the person is a family day care educator assistant approved under subregulation (2); and
(b)  the person provides education and care in the circumstances set out in subregulation (4).
(2)  An approved provider of a family day care service may approve a person as a family day care educator assistant to assist a family day care educator in providing education and care to children as part of the family day care service.
(3)  An approved provider must not approve a person under subregulation (2) unless the family day care educator provides the written consent of a parent of each child being educated and cared for by the educator to the use of the family day care educator assistant in the circumstances set out in subregulation (4).
(4)  An approved family day care educator assistant may assist the family day care educator—
(a)  in the absence of the family day care educator, to transport a child between the family day care residence or approved family day care venue and—
(i)  a school; or
(ii)  another education and care service or children’s service; or
(iii)  the child’s home; or
(b)  in the absence of the family day care educator, in emergency situations, including when the educator requires urgent medical care or treatment; or
(c)  in the absence of the family day care educator, to enable the educator to attend an appointment (other than a regular appointment) in unforeseen or exceptional circumstances, if—
(i)  the absence is for less than 4 hours; and
(ii)  the approved provider of the family day care service has approved that absence; and
(iii)  notice of that absence has been given to the parents of the child; or
(d)  while the educator is educating and caring for children as part of the family day care service.
Division 9 Staff and educator records—centre-based services
145   Staff record
(1)  The approved provider of a centre-based service must ensure that a staff record is kept for that service in accordance with this Division.
(2)  The staff record must include—
(a)  the information about nominated supervisors set out in regulation 146; and
(b)  the information about staff members set out in regulation 147; and
(c)  the information about the educational leader set out in regulation 148; and
(d)  the information about volunteers set out in regulation 149(1).
Note.
 Other records are also required to be kept by the approved provider under this Division.
146   Nominated supervisor
The staff record must include the following information in relation to each nominated supervisor—
(a)  the full name, address and date of birth of the nominated supervisor;
(b)  evidence—
(i)  of any relevant qualifications held by the nominated supervisor; or
(ii)  if applicable, that the nominated supervisor is actively working towards that qualification as provided under regulation 10;
(c)  evidence of any approved training (including first aid training) completed by the nominated supervisor;
(d)  if the education and care service is located in a jurisdiction with a working with children law or a working with vulnerable people law, a record of the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless paragraph (e) applies;
(e)  if the nominated supervisor is a teacher registered under an education law of a participating jurisdiction and has provided proof of that registration, a record of the identifying number of the teacher registration and the expiry date of that registration;
(f)  in relation to Tasmania, a record of the identifying number of the nominated supervisor’s current working with vulnerable people registration and the expiry date of that registration.
147   Staff members
The staff record must include the following information in relation to staff members—
(a)  the full name, address and date of birth of the staff member;
(b)  evidence—
(i)  of any relevant qualifications held by the staff member; or
(ii)  if applicable, that the staff member is actively working towards that qualification as provided under regulation 10;
(c)  evidence of any approved training (including first aid training) completed by the staff member;
(d)  if the education and care service is located in a jurisdiction with a working with children law or a working with vulnerable people law, a record of the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless paragraph (e) applies;
(e)  except in the case of New South Wales, Queensland and Tasmania, if the staff member has provided proof of the staff member’s current teacher registration under an education law of a participating jurisdiction, a record of the identifying number of the teacher registration and the expiry date of that registration;
(f)  in relation to Tasmania, a record of the identifying number of the staff member’s current working with vulnerable people registration and the expiry date of that registration.
148   Educational leader
The staff record must include the name of the person designated as the educational leader in accordance with regulation 118.
149   Volunteers and students
(1)  The staff record must include the full name, address and date of birth of each student or volunteer who participates in the centre-based service.
(2)  The approved provider of a centre-based service must also keep a record for each day on which the student or volunteer participates in the service, the date and the hours of participation.
150   Responsible person
The staff record must include the name of the responsible person at the centre-based service for each time that children are being educated and cared for by the service.
151   Record of educators working directly with children
The approved provider of a centre-based service must keep a record of educators working directly with children that includes the following information—
(a)  the name of each educator who works directly with children being educated and cared for by the service;
(b)  the hours that each educator works directly with children being educated and cared for by the service.
Example.
 The record could be a staff roster or staff time sheet.
152   Record of access to early childhood teachers
(1)  The approved provider of a centre-based service that provides education and care to fewer than 25 children preschool age or under must ensure that a record is kept of the following—
(a)  the period that an early childhood teacher is working with the service in accordance with regulation 130 or 131(2); and
(b)  the periods that the early childhood teacher is working directly with children and is not working directly with children.
(2)  The approved provider of a centre-based service that provides education and care to 25 or more children preschool age or under must ensure that a record is kept of the period that an early childhood teacher is in attendance at the service.
Division 10 Register of family day care educators, co-ordinators and assistants and records of family day care service
153   Register of family day care educators, co-ordinators and educator assistants
(1)  For the purposes of section 269(1)(a) of the Law, the register must include the following information in relation to each family day care educator engaged by or registered with the service—
(a)  the full name, address and date of birth of the educator;
(b)  the contact details of the educator;
(c)  the address of the residence or approved family day care venue where the educator will be providing education and care to children as part of the service, including a statement as to whether it is a residence or a venue;
(d)  the date that the educator was engaged by, or registered with, the service;
(e)  the date that the educator ceased to be engaged by or registered with the service (if applicable);
(f)  the days and hours when the educator will usually be providing education and care to children as part of the service;
(g)  if the educator is an approved provider, the number of the provider approval and the date the approval was granted;
(h)    (Repealed)
(i)  evidence—
(i)  of any relevant qualifications held by the educator; or
(ii)  if applicable, that the educator is actively working towards that qualification as provided under regulation 10;
(j)  evidence that the educator has completed—
(i)  current approved first aid training; and
(ii)  current approved anaphylaxis management training; and
(iii)  current approved emergency asthma management training;
(k)  evidence of any other training completed by the educator;
(l)  a record of—
(i)  if the service is located in a jurisdiction with a working with children law or a working with vulnerable people law, the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless subparagraph (ii) applies; or
(ii)  except in the case of a service located in New South Wales, Queensland or Tasmania, if the educator has provided proof of the educator’s current teacher registration under an education law of a participating jurisdiction, the identifying number of the teacher registration and the expiry date of that registration; or
(iii)  in the case of a service located in Tasmania, the identifying number of the educator’s current working with vulnerable people registration and the expiry date of that registration (if applicable);
(la)  in relation to a check or registration referred to in paragraph (l), the date that the check or registration was sighted by the approved provider or a nominated supervisor of the service;
(m)  for each child educated and cared for by the educator as part of the family day care service—
(i)  the child’s name and date of birth; and
(ii)  the days and hours that the educator usually provides education and care to that child;
(n)  if the education and care is provided in a residence—
(i)  the full names and dates of birth of all persons aged 18 years and over who normally reside at the family day care residence;
(ii)  the full names and dates of birth of all children aged under 18 years who normally reside at the family day care residence;
(o)  a record of—
(i)  the identifying number of the current working with children check, current working with children card, current working with vulnerable people check or criminal history record check or current teacher registration of each person referred to in paragraph (n) who is required to provide the check, card, record or registration under regulation 163 and the date of expiry of that check, card or registration, if applicable; and
(ii)  the date that the check, card, record or registration was sighted by the approved provider or a nominated supervisor of the service;
(p)  evidence that the educator is adequately monitored and supported by a family day care co-ordinator while the educator is providing education and care to children, including the following information—
(i)  the dates and times of any visits by the co-ordinator to the family day care residence or family day care venue for the purpose of monitoring or support;
(ii)  the dates and times of any telephone calls between the co-ordinator and the educator for the purpose of monitoring or support;
(iii)  details of any correspondence or written materials provided to the educator by the co-ordinator for the purpose of monitoring or support and the dates and times the correspondence or materials were provided to the educator.
(2)  For the purposes of section 269(1)(b) of the Law, the register must include the following information in relation to each family day care co-ordinator employed or engaged by the service—
(a)  the full name, address and date of birth of the co-ordinator;
(b)  the contact details of the co-ordinator;
(c)  the date that the co-ordinator was employed or engaged by the service;
(d)  the date that the co-ordinator ceased to be employed or engaged by the service (if applicable);
(e)  if the co-ordinator is an approved provider, the number of the provider approval and the date the approval was granted;
(f)  evidence of any relevant qualifications held by the co-ordinator;
(g)  if the co-ordinator will be providing education and care to children, evidence that the co-ordinator has completed—
(i)  current approved first aid training; and
(ii)  current approved anaphylaxis management training; and
(iii)  current approved emergency asthma management training;
(h)  evidence of any other training completed by the co-ordinator;
(i)  a record of—
(i)  if the service is located in a jurisdiction with a working with children law or a working with vulnerable people law, the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless subparagraph (ii) applies; or
(ii)  except in the case of a service located in New South Wales, Queensland or Tasmania, if the co-ordinator has provided proof of the co-ordinator’s current teacher registration under an education law of a participating jurisdiction, the identifying number of the teacher registration and the expiry date of that registration; or
(iii)  in the case of a service located in Tasmania, the identifying number of the co-ordinator’s current working with vulnerable people registration and the expiry date of that registration (if applicable);
(j)  in relation to a check or registration referred to in paragraph (i), the date that the check or registration was sighted by the approved provider or a nominated supervisor of the service.
(3)  For the purposes of section 269(1)(c) of the Law, the register must include the following information in relation to each family day care educator assistant engaged by or registered with the service—
(a)  the full name, address and date of birth of the educator assistant;
(b)  the contact details of the educator assistant;
(c)  the name of the family day care educator to be assisted by the educator assistant;
(d)  the address of the residence or approved family day care venue where the educator assistant will be providing education and care to children as part of the service, including a statement as to whether it is a residence or a venue;
(e)  the date that the educator assistant was engaged by or registered with the service;
(f)  the date that the educator assistant ceased to be engaged by or registered with the service (if applicable);
(g)  if the educator assistant is an approved provider, the number of the provider approval and the date the approval was granted;
(h)  evidence of any relevant qualifications held by the educator assistant;
(i)  evidence that the educator assistant has completed—
(i)  current approved first aid training; and
(ii)  current approved anaphylaxis management training; and
(iii)  current approved emergency asthma management training;
(j)  evidence of any other training completed by the educator assistant;
(k)  a record of—
(i)  if the service is located in a jurisdiction with a working with children law or a working with vulnerable people law, the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless subparagraph (ii) applies; or
(ii)  except in the case of a service located in New South Wales, Queensland or Tasmania, if the educator assistant has provided proof of the educator assistant’s current teacher registration under an education law of a participating jurisdiction, the identifying number of the teacher registration and the expiry date of that registration; or
(iii)  in the case of a service located in Tasmania, the identifying number of the educator assistant’s current working with vulnerable people registration and the expiry date of that registration (if applicable);
(l)  in relation to a check or registration referred to in paragraph (k), the date that the check or registration was sighted by the approved provider or a nominated supervisor of the service.
(4)  Information held on the register in relation to a family day care educator, a family day care co-ordinator or a family day care educator assistant must be kept on the register until the end of 3 years after the date on which the family day care educator, the family day care co-ordinator or the family day care educator assistant ceased to be employed or engaged by or registered with the service.
154   Record of staff engaged or employed by family day care service
The approved provider of a family day care service must keep a record of staff (other than family day care educators, family day care co-ordinators or family day care educator assistants) engaged or employed by the service that includes—
(a)  the name of the person currently designated as the educational leader in accordance with regulation 118; and
(b)  in relation to a nominated supervisor, the information set out in regulation 146; and
(c)  in relation to each other staff member of the family day care service, the information set out in regulation 147; and
(d)  in relation to volunteers and students, the information set out in regulation 149; and
(e)    (Repealed)
Part 4.5 Relationships with children
155   Interactions with children
An approved provider must take reasonable steps to ensure that the education and care service provides education and care to children in a way that—
(a)  encourages the children to express themselves and their opinions; and
(b)  allows the children to undertake experiences that develop self-reliance and self-esteem; and
(c)  maintains at all times the dignity and rights of each child; and
(d)  gives each child positive guidance and encouragement toward acceptable behaviour; and
(e)  has regard to the family and cultural values, age, and physical and intellectual development and abilities of each child being educated and cared for by the service.
156   Relationships in groups
(1)  The approved provider of an education and care service must take reasonable steps to ensure that the service provides children being educated and cared for by the service with opportunities to interact and develop respectful and positive relationships with each other and with staff members of, and volunteers at, the service.
(2)  For the purposes of subregulation (1), the approved provider must have regard to the size and the composition of the groups in which children are being educated and cared for by the service.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
Part 4.6 Collaborative partnerships with families and communities
157   Access for parents
(1)  The approved provider of an education and care service must ensure that a parent of a child being educated and cared for by the service may enter the education and care service premises at any time that the child is being educated and cared for by the service.
Penalty: $1000.
(2)  A nominated supervisor of an education and care service must ensure that a parent of a child being educated and cared for by the service may enter the education and care service premises at any time that the child is being educated and cared for by the service.
Penalty: $1000.
(3)  A family day care educator must not prevent a parent of a child being educated and cared for by the educator as part of a family day care service from entering the family day care residence or approved family day care venue at any time that the child is being educated and cared for by the educator.
Penalty: $1000.
(4)  Despite subregulations (1) to (3), the approved provider, nominated supervisor or family day care educator is not required to allow a parent to enter the education and care service premises if—
(a)  permitting the parent’s entry would—
(i)  pose a risk to the safety of the children and staff of the education and care service; or
(ii)  conflict with any duty of the provider, supervisor or educator under the Law; or
(b)  the provider, supervisor or family day care educator reasonably believes that permitting the parent’s entry would contravene a court order.
Notes.
 
1   
A compliance direction may be issued for failure to comply with subregulation (1).
2   
Other regulations also relate to collaboration with families including requirements to give information about educational programs to parents, for parents to provide enrolment information, for information to be provided or displayed to parents and for administration areas to have adequate space for consulting with parents.
Part 4.7 Governance and Leadership
Division 1 Management of services
Subdivision 1 Attendance and enrolment records
158   Children’s attendance record to be kept by approved provider
(1)  The approved provider of an education and care service must ensure that a record of attendance is kept for the service that—
(a)  records the full name of each child attending the service; and
(b)  records the date and time each child arrives and departs; and
(c)  is signed by one of the following persons at the time that the child arrives and departs—
(i)  the person who delivers the child to the education and care service premises or collects the child from the education and care service premises;
(ii)  a nominated supervisor or an educator.
(2)  A preschool program provided by a school is not required to comply with subregulation (1) if it keeps attendance records in accordance with the education law, or Government education department policy, of the participating jurisdiction.
159   Children’s attendance record to be kept by family day care educator
A family day care educator must keep a record of attendance that—
(a)  records the full name of each child being educated and cared for at the family day care residence or approved family day care venue; and
(b)  records the date and time each child arrives and departs; and
(c)  is signed by one of the following persons at the time that the child arrives and departs—
(i)  the person who delivers the child to the family day care residence or venue or collects the child from the family day care residence or venue;
(ii)  if the signature of the person who delivers the child cannot reasonably be obtained—the family day care educator.
160   Child enrolment records to be kept by approved provider and family day care educator
(1)  The approved provider of an education and care service must ensure that an enrolment record is kept that includes the information set out in subregulation (3) for each child enrolled at the education and care service.
(2)  A family day care educator must keep an enrolment record that includes the information set out in subregulation (3) for each child educated and cared for by the educator.
(3)  An enrolment record must include the following information for each child—
(a)  the full name, date of birth and address of the child;
(b)  the name, address and contact details of—
(i)  each known parent of the child; and
(ii)  any person who is to be notified of an emergency involving the child if any parent of the child cannot be immediately contacted; and
(iii)  any person who is an authorised nominee; and
Note.
 Authorised nominee means a person who has been given permission by a parent or family member to collect the child from the education and care service or the family day care educator. See section 170(5) of the Law.
(iv)  any person who is authorised to consent to medical treatment of, or to authorise administration of medication to, the child; and
(v)  any person who is authorised to authorise an educator to take the child outside the education and care service premises;
(c)  details of any court orders, parenting orders or parenting plans provided to the approved provider relating to powers, duties, responsibilities or authorities of any person in relation to the child or access to the child;
(d)  details of any other court orders provided to the approved provider relating to the child’s residence or the child’s contact with a parent or other person;
(e)  the gender of the child;
(f)  the language used in the child’s home;
(g)  the cultural background of the child and, if applicable, the child’s parents;
(h)  any special considerations for the child, for example any cultural, religious or dietary requirements or additional needs;
(i)  the relevant authorisations set out in regulation 161;
(j)  the relevant health information set out in regulation 162.
(4)  In this regulation—
parenting order means a parenting order within the meaning of section 64B(1) of the Family Law Act 1975 of the Commonwealth;
parenting plan means a parenting plan within the meaning of section 63C(1) of the Family Law Act 1975 of the Commonwealth, and includes a registered parenting plan within the meaning of section 63C(6) of that Act.
161   Authorisations to be kept in enrolment record
(1)  The authorisations to be kept in the enrolment record for each child enrolled at an education and care service are—
(a)  an authorisation, signed by a parent or a person named in the enrolment record as authorised to consent to the medical treatment of the child, for the approved provider, a nominated supervisor or an educator to seek—
(i)  medical treatment for the child from a registered medical practitioner, hospital or ambulance service; and
(ii)  transportation of the child by an ambulance service; and
(b)  if relevant, an authorisation given under regulation 102 for the education and care service to take the child on regular outings.
(2)  The authorisations to be kept in the enrolment record for each child educated and cared for by a family day care educator are—
(a)  an authorisation, signed by a parent or a person named in the enrolment record as authorised to consent to the medical treatment of the child, for the family day care educator to seek—
(i)  medical treatment for the child from a registered medical practitioner, hospital or ambulance service; and
(ii)  transportation of the child by an ambulance service; and
(b)  if relevant, an authorisation given under regulation 102 for the family day care educator to take the child on regular outings.
162   Health information to be kept in enrolment record
The health information to be kept in the enrolment record for each child enrolled at the education and care service is—
(a)  the name, address and telephone number of the child’s registered medical practitioner or medical service; and
(b)  if available, the child’s Medicare number; and
(c)  details of any—
(i)  specific healthcare needs of the child, including any medical condition; and
(ii)  allergies, including whether the child has been diagnosed as at risk of anaphylaxis; and
(d)  any medical management plan, anaphylaxis medical management plan or risk minimisation plan to be followed with respect to a specific healthcare need, medical condition or allergy referred to in paragraph (c); and
(e)  details of any dietary restrictions for the child; and
(f)  the immunisation status of the child; and
(g)  if the approved provider or a staff member or family day care educator has sighted a child health record for the child, a notation to that effect; and
(h)  in relation to New South Wales, certificates for immunisation or exemption for the child, as required under section 87(1), (2) and (3) of the Public Health Act 2010 of New South Wales; and
(i)  in relation to Victoria, in the case of an education and care service specified in paragraph (a) of the definition of early childhood service in section 3(1) of the Public Health and Wellbeing Act 2008 of Victoria—
(i)  an immunisation status certificate within the meaning of section 147 of the Public Health and Wellbeing Act 2008 of Victoria that is issued in relation to the child and that is provided under section 143B of Public Health and Wellbeing Act 2008 of Victoria; or
(ii)  details of any exemption in relation to the child under section 143C of the Public Health and Wellbeing Act 2008 of Victoria.
Subdivision 2 Residents at family day care residences and family day care educator assistants
163   Residents at family day care residence and family day care educator assistants to be fit and proper persons
(1)  The approved provider of a family day care service must take reasonable steps to ensure that a person aged 18 years or over who resides at a family day care residence is a fit and proper person to be in the company of children.
Penalty: $2000.
(2)  The approved provider of a family day care service must take reasonable steps to ensure that a person who is a family day care educator assistant at a family day care residence or approved family day care venue is a fit and proper person to be in the company of children.
Penalty: $2000.
(3)  To comply with subregulation (1) or (2), the approved provider must assess each person in accordance with subregulation (4).
(4)  Except in the case of New South Wales, Queensland, Tasmania or Victoria, the approved provider must consider one of the following in respect of the person—
(a)  a criminal history record check issued not more than 6 months before it is considered;
(b)  a current working with children check, working with children card or working with vulnerable people check issued on the basis of a criminal history record check;
(c)  a current teacher registration.
(4A)  In New South Wales or Queensland, the approved provider must consider the person’s current working with children check or working with children card.
(4B)  In Victoria, the approved provider must consider the person’s current working with children check or current teacher registration.
(4C)  In Tasmania, the approved provider must consider the person’s current working with vulnerable people registration.
(5)  For the purposes of subregulation (4)(b), if a person who does not hold a working with children check or working with children card—
(a)  attains the age of 18 years; and
(b)  has applied for a working with children check or working with children card—
the person is taken to hold the check or card until the application is determined.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1) or (2).
164   Requirement for notice of new persons at residence
(1)  The approved provider of a family day care service must require each family day care educator to notify the provider of—
(a)  any new person aged 18 years or over who resides, or intends to reside, at the educator’s family day care residence; and
(b)  any circumstance relating to a person who has previously been considered under regulation 163 in relation to the family day care residence that may affect whether the person is a fit and proper person to be in the company of children.
Penalty: $2000.
(2)  The family day care educator must notify the approved provider of—
(a)  any new person aged 18 years or over who resides, or intends to reside, at the educator’s family day care residence; and
(b)  any circumstance relating to a person who has previously been considered under regulation 163 in relation to the family day care residence that may affect whether the person is a fit and proper person to be in the company of children.
Penalty: $2000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
165   Record of visitors
(1)  An approved provider of a family day care service must take all reasonable steps to ensure that a record is kept of all visitors to a family day care residence or approved family day care venue while children are being educated and cared for at the residence or venue as part of that service.
(2)  A family day care educator must keep a record of all visitors to a family day care residence or approved family day care venue while children are being educated and cared for by the educator at the residence or venue as part of a family day care service.
(3)  The record of visitors must include the signature of the visitor and the time of the visitor’s arrival and departure.
166   Children not to be alone with visitors
(1)  An approved provider of a family day care service must take all reasonable steps to ensure that a child being educated and cared for at a family day care residence or approved family day care venue as part of the service is not left alone with a visitor to the residence or venue.
Penalty: $2000.
(2)  A family day care educator must not leave a child being educated and cared for by the educator at a family day care residence or approved family day care venue as part of a family day care service with a visitor to the residence or venue.
Penalty: $2000.
Subdivision 3 Record of service’s compliance
167   Record of service’s compliance
(1)  Subject to subregulations (2) and (3), the record of the service’s compliance must include the following information—
(a)  details of any amendment of the service approval made by the Regulatory Authority under section 55 of the Law, including—
(i)  the reason stated by the Regulatory Authority for the amendment;
(ii)  the date on which the amendment took, or takes, effect;
(iii)  the date (if any) that the amendment ceases to have effect;
(b)  details of any suspension of the service approval (other than a voluntary suspension), including—
(i)  the reason stated by the Regulatory Authority for the suspension;
(ii)  the date on which the suspension took, or takes, effect;
(iii)  the date that the suspension ends;
(c)  details of any compliance direction or compliance notice issued to the approved provider in respect of the service, including—
(i)  the reason stated by the Regulatory Authority for issuing the direction or notice;
(ii)  the steps specified in the direction or notice;
(iii)  the date by which the steps specified must be taken.
(2)  The information set out in subregulation (1) must not include any information that identifies any person other than the approved provider.
(3)  Subregulation (1) does not include an amendment, suspension, compliance notice or compliance direction if—
(a)  the period for seeking internal or external review under section 191 or 193 of the Law has not yet expired; or
(b)  an application for internal or external review under section 191 or 193 of the Law has been made but not yet determined; or
(c)  an application for internal or external review under section 191 or 193 of the Law has been determined, and the amendment, suspension, compliance notice or compliance direction was not confirmed.
Division 2 Policies and procedures
168   Education and care service must have policies and procedures
(1)  The approved provider of an education and care service must ensure that the service has in place policies and procedures in relation to the matters set out in subregulation (2).
Penalty: $1000.
Note.
 These may include policies and procedures prepared by the approved provider in accordance with an education law of the participating jurisdiction.
(2)  Policies and procedures are required in relation to the following—
(a)  health and safety, including matters relating to—
(i)  nutrition, food and beverages, dietary requirements; and
(ii)  sun protection; and
(iii)  water safety, including safety during any water-based activities; and
(iv)  the administration of first aid; and
(v)  sleep and rest for children;
(b)  incident, injury, trauma and illness procedures complying with regulation 85;
(c)  dealing with infectious diseases, including procedures complying with regulation 88;
(d)  dealing with medical conditions in children, including the matters set out in regulation 90;
(e)  emergency and evacuation, including the matters set out in regulation 97;
(f)  delivery of children to, and collection of children from, education and care service premises, including procedures complying with regulation 99;
(g)  excursions, including procedures complying with regulations 100 to 102;
(h)  providing a child safe environment;
(i)  staffing, including—
(i)  a code of conduct for staff members; and
(ii)  determining the responsible person present at the service; and
(iii)  the participation of volunteers and students on practicum placements;
(j)  interactions with children, including the matters set out in regulations 155 and 156;
(k)  enrolment and orientation;
(l)  governance and management of the service, including confidentiality of records;
(m)  the acceptance and refusal of authorisations;
(n)  payment of fees and provision of a statement of fees charged by the education and care service;
(o)  dealing with complaints.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
169   Additional policies and procedures—family day care service
(1)  In addition to the policies and procedures set out in regulation 168, the approved provider of a family day care service must ensure that the family day care service has in place policies and procedures in relation to the matters set out in subregulation (2).
Penalty: $1000.
(2)  Policies and procedures are required in relation to the following—
(a)  assessment of proposed family day care venues and proposed family day care residences and reassessment of approved family day care venues and family day care residences, including matters to meet the requirements of regulation 116;
(b)  engagement or registration of family day care educators;
(c)  keeping of a register of family day care educators, family day care co-ordinators and family day care educator assistants under regulation 153;
(d)  monitoring, support and supervision of family day care educators, including how the service will manage educators at remote locations;
(e)  assessment of family day care educators, family day care educator assistants and persons residing at family day care residences, including the matters required under regulation 163;
(f)  visitors to family day care residences and venues while education and care is being provided to children as part of a family day care service;
(g)  the provision of information, assistance and training to family day care educators;
(h)  the engagement or registration of family day care educator assistants.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1).
170   Policies and procedures to be followed
(1)  The approved provider of a centre-based service must take reasonable steps to ensure that nominated supervisors and staff members of, and volunteers at, the service follow the policies and procedures required under regulation 168.
Penalty: $1000.
(2)  The approved provider of a family day care service must take reasonable steps to ensure that nominated supervisors and staff members of, and family day care educators engaged by or registered with, the service follow the policies and procedures required under regulations 168 and 169.
Penalty: $1000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1) or (2).
171   Policies and procedures to be kept available
(1)  The approved provider of an education and care service must ensure that copies of the current policies and procedures required under regulation 168 and, in the case of a family day care service, regulation 169 are readily accessible to nominated supervisors and staff members of, volunteers at, and family day care educators engaged by or registered with, the service.
Penalty: $1000.
(2)  The approved provider of an education and care service must ensure that copies of the current policies and procedures required under regulation 168 and, in the case of a family day care service, regulation 169 are available for inspection at the education and care service premises at all times that the service is educating and caring for children or otherwise on request.
Penalty: $1000.
Note.
 A compliance direction may be issued for failure to comply with subregulation (1) or (2).
172   Notification of change to policies or procedures
(1)  Subject to subregulation (3), the approved provider of an education and care service must ensure that parents of children enrolled at the service are notified at least 14 days before making any change to a policy or procedure referred to in regulation 168 or 169 that may have a significant impact on—
(a)  the service’s provision of education and care to any child enrolled at the service; or
(b)  the family’s ability to utilise the service.
(2)  The approved provider of an education and care service must ensure that parents of children enrolled at the service are notified at least 14 days before making any change that will affect the fees charged or the way in which fees are collected.
(3)  If the approved provider considers that the notice period would pose a risk to the safety, health or wellbeing of any child enrolled at the service, the approved provider must ensure that parents of children enrolled at the service are notified as soon as practicable after making a change referred to in subregulation (1).
Note.
 A compliance direction may be issued for failure to comply with subregulation (1)(b).
Division 3 Information and record-keeping requirements
Subdivision 1 Display and reporting of prescribed information
173   Prescribed information to be displayed
(1)  For the purposes of section 172 of the Law, the following information is prescribed in respect of the matters in paragraphs (a) to (e) of that section—
(a)  in relation to the provider approval—
(i)  the name of the approved provider;
(ii)  the provider approval number;
(iii)  any conditions on the provider approval;
(b)  in relation to the service approval—
(i)  the name of the education and care service;
(ii)  the service approval number;
(iii)  any conditions on the service approval;
(c)  the name of each nominated supervisor;
(d)  in relation to the rating of the service—
(i)  the current rating levels for each quality area stated in the National Quality Standard; and
(ii)  the overall rating of the service;
(e)  in relation to any service waivers or temporary waivers held by the service, the details of the waivers including—
(i)  the elements of the National Quality Standard and the regulations that have been waived; and
(ii)  the duration of the waiver; and
(iii)  whether the waiver is a service waiver or a temporary waiver.
(2)  For the purposes of section 172(f) of the Law, the following matters and information are prescribed—
(a)  the hours and days of operation of the education and care service;
(b)  the name and telephone number of the person at the education and care service to whom complaints may be addressed;
(c)  in the case of a centre-based service, the name and position of the responsible person in charge of the education and care service at any given time;
(d)  the name of the educational leader at the service;
(e)  the contact details of the Regulatory Authority;
(f)  if applicable—
(i)  in the case of a centre-based service, a notice stating that a child who has been diagnosed as at risk of anaphylaxis is enrolled at the service; or
(ii)  in the case of a family day care residence or approved family day care venue, a notice stating that a child who has been diagnosed as at risk of anaphylaxis—
(A)  is enrolled at the family day care service; and
(B)  attends the family day care residence or family day care venue;
(g)  if applicable—
(i)  in the case of a centre-based service, a notice stating that there has been an occurrence of an infectious disease at the premises; or
(ii)  in the case of a family day care residence or approved family day care venue, a notice stating that there has been an occurrence of an infectious disease at the family day care residence or family day care venue.
174   Time to notify certain circumstances to Regulatory Authority
(1)  For the purposes of section 173(4) of the Law, a notice must be provided within 14 days of the relevant event or within 14 days of the approved provider becoming aware of the relevant event.
(2)  For the purposes of section 173(5) of the Law, a notice must be provided—
(aa)  in the case of a notice under section 173(2)(e), at least 14 days before the change in the location of the principal office takes place; or
(a)  in the case of a notice under section 173(2)(f), within the period referred to in section 59 of the Law;
(b)  in any other case, within 7 days of the relevant event or within 7 days of the approved provider becoming aware of the relevant event.
174A   Prescribed information to accompany notice
A notice under section 173(2)(e) of the Law must be accompanied by a statement that the applicant has the right to occupy and use the premises as a principal office and any document evidencing this.
Example.
 A lease of the premises.
175   Prescribed information to be notified to Regulatory Authority
(1)  For the purposes of section 174(1)(b) of the Law, the following matters are prescribed—
(a)  any change to the address of the approved provider or the principal office of the approved provider, or the contact details of the approved provider;
(b)  the appointment of receivers or liquidators or administrators to the approved provider or any other matters that affect the financial viability and ongoing operation of the education and care service.
(2)  For the purposes of section 174(2)(c) of the Law, the following matters are prescribed—
(a)  any change to the hours and days of operation of the education and care service;
(b)  any incident that requires the approved provider to close, or reduce the number of children attending, the education and care service for a period;
Example.
 A flood or a fire that requires an approved provider to close the education and care service premises (or part of those premises) while repairs are undertaken.
(c)  any circumstance arising at the service that poses a risk to the health, safety or wellbeing of a child or children attending the service;
(ca)  the attendance at the approved education and care service of any additional child or children being educated and cared for in an emergency in the circumstances set out in regulation 123(5), including—
(i)  a description of the emergency; and
(ii)  a statement by the approved provider that the approved provider had taken into account the safety, health and wellbeing of all the children attending the education and care service when deciding to provide education and care to the additional child or children.
(d)  any incident where the approved provider reasonably believes that physical abuse or sexual abuse of a child or children has occurred or is occurring while the child is or the children are being educated and cared for by the education and care service;
(e)  allegations that physical or sexual abuse of a child or children has occurred or is occurring while the child is or the children are being educated and cared for by the education and care service (other than an allegation that has been notified under section 174(2)(b) of the Law).
176   Time to notify certain information to Regulatory Authority
(1)  For the purposes of section 174(3) of the Law, a notice must be provided within 7 days of the relevant event or within 7 days of the approved provider becoming aware of the relevant information.
(2)  For the purposes of section 174(4) of the Law, a notice must be provided—
(a)  in the case of a notice under section 174(2)(a)—
(i)  in the case of the death of a child, as soon as practicable but within 24 hours of the death, or the time that the person becomes aware of the death; and
(ii)  in the case of any other serious incident, within 24 hours of the incident or the time that the person becomes aware of the incident;
(b)  in case of a notice under section 174(2)(b) or a notice of a matter referred to in regulation 175(2)(b), within 24 hours of the complaint or incident;
(ba)  in the case of a notice under regulation 175(2)(ca), within 24 hours of the commencement of the attendance of the child or children at the education and care service;
(c)  in any other case, within 7 days of the relevant event or within 7 days of the approved provider becoming aware of the relevant information.
176A   Prescribed information to be notified to approved provider by family day care educator
For the purposes of section 174A(c) of the Law, the following matters are prescribed—
(a)  any renovations or other changes to the family day care residence that create a serious risk to the health, safety and wellbeing of children attending or likely to attend the family day care residence;
(b)  any renovations or other changes to an approved family day care venue that create a serious risk to the health, safety and wellbeing of children attending or likely to attend the approved family day care venue.
Subdivision 2 Prescribed records
177   Prescribed enrolment and other documents to be kept by approved provider
(1)  For the purposes of section 175(1) of the Law, the following documents are prescribed in relation to each education and care service operated by the approved provider—
(a)  the documentation of child assessments or evaluations for delivery of the educational program as set out in regulation 74;
(b)  an incident, injury, trauma and illness record as set out in regulation 87;
(c)  a medication record as set out in regulation 92;
(d)  a record of assessments of family day care residences and approved family day care venues conducted under regulation 116;
(e)  in the case of a centre-based service, a staff record as set out in regulation 145;
(f)  a record of volunteers and students as set out in regulation 149;
(g)  the records of the responsible person at the service as set out in regulation 150;
(h)  in the case of a centre-based service, a record of educators working directly with children as set out in regulation 151;
(i)  a record of access to early childhood teachers as set out in regulation 152;
(j)  in the case of a family day care service, a record of staff engaged or employed by the service kept under regulation 154;
(k)  a children’s attendance record as set out in regulation 158;
(l)  child enrolment records as set out in regulation 160;
(m)  a record of the service’s compliance with the Law as set out in regulation 167;
(n)  a record of each nominated supervisor and any person in day-to-day charge of the education and care service under section 162 of the Law.
Note.
 See section 269(1) of the Law which requires the approved provider to keep a register of each family day care educator, each family day care co-ordinator and each family day care educator assistant engaged, employed or registered to provide education and care to a child.
The Education and Care Services National Regulations 2012 of Western Australia include an extra paragraph after paragraph (d) as follows—
  
“(da)  a record of a decision about a child, that affects educator to child ratios at a centre-based service, made under regulation 123(7);”.
See regulation 177(1)(da) of the Education and Care Services National Regulations 2012 of Western Australia.
(2)  The approved provider of the education and care service must take reasonable steps to ensure the documents referred to in subregulation (1) are accurate.
Penalty: $2000.
(3)  Subject to Subdivision 4, the approved provider of the education and care service must ensure that—
(a)  subject to subregulation (4), the documents referred to in subregulation (1) in relation to a child enrolled at the service are made available to a parent of the child on request;
(b)  the record of compliance referred to in subregulation (1)(m) is able to be accessed on request by any person.
Penalty: $2000.
(4)  If a parent’s access to information of the kind in the documents referred to in subregulation (1) is limited by an order of a court, the approved provider must refer to the court order in relation to the release of information concerning the child to that parent.
(5)  An approved provider of a family day care service is not required to keep a document set out in subregulation (1) if an equivalent record is kept by a family day care educator under regulation 178.
Note.
 A compliance direction may be issued for failure to comply with subregulation (2) or (3).
178   Prescribed enrolment and other documents to be kept by family day care educator
(1)  For the purposes of section 175(3) of the Law, the following documents are prescribed in relation to each child educated and cared for by the family day care educator as part of a family day care service—
(a)  the documentation of child assessments or evaluations for delivery of the educational program as set out in regulation 74;
(b)  an incident, injury, trauma and illness record as set out in regulation 87;
(c)  a medication record as set out in regulation 92;
(d)  a children’s attendance record as set out in regulation 159;
(e)  child enrolment records as set out in regulation 160;
(f)  a record of visitors to the family day care residence or approved family day care venue as set out in regulation 165.
(2)  The family day care educator must take reasonable steps to ensure the documents referred to in subregulation (1) are accurate.
Penalty: $2000.
(3)  Subject to Subdivision 4 and subregulation (4), the family day care educator must ensure that the documents referred to in subregulation (1) in relation to a child enrolled at the service are made available to a parent of the child on request.
Penalty: $2000.
(4)  If a parent’s access to information of the kind in the documents referred to in subregulation (1) is limited by an order of a court, the family day care educator must refer to the court order in relation to the release of information concerning the child to that parent.
179   Family day care educator to provide documents on leaving service
A family day care educator must provide all documents referred to in regulation 178(1) to the approved provider of the family day care service on ceasing to be engaged by or registered with the service.
Subdivision 3 Insurance information
180   Evidence of prescribed insurance
(1)  The approved provider of an education and care service must keep evidence of the current prescribed insurance at the education and care service premises, or in the case of a family day care service, at the principal office of the service, and must make the evidence available for inspection by the Regulatory Authority or an authorised officer under the Law.
(2)  A family day care educator must keep evidence of the educator’s current public liability insurance at the family day care residence or family day care venue and must make the evidence available for inspection by the Regulatory Authority or an authorised officer under the Law.
(3)  Subregulation (1) does not apply if the prescribed insurance for the education and care service is a policy of insurance or an indemnity provided by the Government of a State or Territory.
Subdivision 4 Confidentiality and storage of records
181   Confidentiality of records kept by approved provider
The approved provider of an education and care service must ensure that information kept in a record under these Regulations is not divulged or communicated, directly or indirectly, to another person other than—
(a)  to the extent necessary for the education and care or medical treatment of the child to whom the information relates; or
(b)  a parent of the child to whom the information relates, except in the case of information kept in a staff record; or
(c)  the Regulatory Authority or an authorised officer; or
(d)  as expressly authorised, permitted or required to be given by or under any Act or law; or
(e)  with the written consent of the person who provided the information.
Penalty: $2000.
182   Confidentiality of records kept by family day care educator
A family day care educator must ensure that information kept in a record under these Regulations is not divulged or communicated, directly or indirectly, to another person other than—
(a)  to the extent necessary for the education and care or medical treatment of the child to whom the information relates; or
(b)  a parent of the child to whom the information relates; or
(c)  the approved provider or a nominated supervisor of the family day care service; or
(d)  the Regulatory Authority or an authorised officer; or
(e)  as expressly authorised, permitted or required to be given by or under any Act or law; or
(f)  with the written consent of the person who provided the information.
Penalty: $2000.
183   Storage of records and other documents
(1)  The approved provider of an education and care service must ensure that records and documents set out in regulation 177 are stored—
(a)  in a safe and secure place; and
(b)  for the relevant period set out in subregulation (2).
(2)  The records must be kept—
(a)  if the record relates to an incident, illness, injury or trauma suffered by a child while being educated and cared for by the education and care service, until the child is aged 25 years;
(b)  if the record relates to an incident, illness, injury or trauma suffered by a child that may have occurred following an incident while being educated and cared for by the education and care service, until the child is aged 25 years;
(c)  if the record relates to the death of a child while being educated and cared for by the education and care service or that may have occurred as a result of an incident while being educated and cared for, until the end of 7 years after the death;
(d)  in the case of any other record relating to a child enrolled at the education and care service, until the end of 3 years after the last date on which the child was educated and cared for by the service;
(e)  if the record relates to the approved provider, until the end of 3 years after the last date on which the approved provider operated the education and care service;
(f)  if the record relates to a nominated supervisor or staff member of an education and care service, until the end of 3 years after the last date on which the nominated supervisor or staff member provided education and care on behalf of the service;
(g)  in case of any other record, until the end of 3 years after the date on which the record was made.
Note.
 A compliance direction may be issued for failure to comply with this regulation.
184   Storage of records after service approval transferred
(1)  Subject to subregulation (2), if a service approval is transferred under the Law, the transferring approved provider must transfer the documents referred to in regulation 177 relating to children currently enrolled with the service to the receiving approved provider on the date that the transfer takes effect.
(2)  The transferring approved provider must not transfer the documents relating to a child under subregulation (1) unless a parent of the child has first consented to that transfer.
Subdivision 5 Law and regulations to be available
185   Law and regulations to be available
The approved provider of an education and care service must ensure that a copy of the Law and these Regulations is accessible at the education and care service premises at all times for use by nominated supervisors, staff members, volunteers, parents of children enrolled at the service and any person seeking to make use of the service.
Note.
 A compliance direction may be issued for failure to comply with this regulation.