{"id":"qld:sl-2026-0130","name":"Education and Care Services Regulation 2026","slug":"education-and-care-services-regulation-2026","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"130 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":579798,"registerId":"qld-qld:sl-2026-0130-current","compilationNumber":null,"startDate":"2026-09-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Education and Care Services Regulation 2026 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2026.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 4 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"References to child, staff member and volunteer","content":"### sec.4 References to child, staff member and volunteer\n\nIn a provision of this regulation in relation to a QEC approved service—\na reference to a child, other than in section 31 , is a reference to a child being provided regulated education and care by the service; and\na reference to a staff member is a reference to a staff member for the service; and\na reference to a volunteer is a reference to a volunteer for the service.\n- (a) a reference to a child, other than in section 31 , is a reference to a child being provided regulated education and care by the service; and\n- (b) a reference to a staff member is a reference to a staff member for the service; and\n- (c) a reference to a volunteer is a reference to a volunteer for the service.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland provider approvals","content":"# Queensland provider approvals","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Notice of suspension or cancellation of provider approval— Act , s 36","content":"### sec.5 Notice of suspension or cancellation of provider approval— Act , s 36\n\nFor section 36 (8) (a) of the Act , a notice given or displayed under section 36 of the Act must state all of the following information—\nthe name of the approved provider;\nthe address of the approved provider;\nif the provider approval is suspended—\nthe day the suspension takes effect; and\nthe effect of the suspension, including the effect under section 30 (1) and (2) of the Act ; and\nthe day the suspension ends;\nif the provider approval is cancelled—\nthe day the cancellation takes effect; and\nthe effect of the cancellation, including the effect under section 34 (1) of the Act .\nAlso, subsection (3) applies if the approved provider of a QEC approved service is also required to give a notice under section 88 (3) of the Act .\nFor section 36 (8) of the Act , a notice given or displayed under section 36 of the Act may also state the information required under section 7 (1) of this regulation to be stated in a notice given or displayed under section 88 of the Act .\n(sec.5-ssec.1) For section 36 (8) (a) of the Act , a notice given or displayed under section 36 of the Act must state all of the following information— the name of the approved provider; the address of the approved provider; if the provider approval is suspended— the day the suspension takes effect; and the effect of the suspension, including the effect under section 30 (1) and (2) of the Act ; and the day the suspension ends; if the provider approval is cancelled— the day the cancellation takes effect; and the effect of the cancellation, including the effect under section 34 (1) of the Act .\n(sec.5-ssec.2) Also, subsection (3) applies if the approved provider of a QEC approved service is also required to give a notice under section 88 (3) of the Act .\n(sec.5-ssec.3) For section 36 (8) of the Act , a notice given or displayed under section 36 of the Act may also state the information required under section 7 (1) of this regulation to be stated in a notice given or displayed under section 88 of the Act .\n- (a) the name of the approved provider;\n- (b) the address of the approved provider;\n- (c) if the provider approval is suspended— (i) the day the suspension takes effect; and (ii) the effect of the suspension, including the effect under section 30 (1) and (2) of the Act ; and (iii) the day the suspension ends;\n- (i) the day the suspension takes effect; and\n- (ii) the effect of the suspension, including the effect under section 30 (1) and (2) of the Act ; and\n- (iii) the day the suspension ends;\n- (d) if the provider approval is cancelled— (i) the day the cancellation takes effect; and (ii) the effect of the cancellation, including the effect under section 34 (1) of the Act .\n- (i) the day the cancellation takes effect; and\n- (ii) the effect of the cancellation, including the effect under section 34 (1) of the Act .\n- (i) the day the suspension takes effect; and\n- (ii) the effect of the suspension, including the effect under section 30 (1) and (2) of the Act ; and\n- (iii) the day the suspension ends;\n- (i) the day the cancellation takes effect; and\n- (ii) the effect of the cancellation, including the effect under section 34 (1) of the Act .","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Queensland service approvals","content":"# Queensland service approvals","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Insurance cover required for service approval— Act , s 49","content":"### sec.6 Insurance cover required for service approval— Act , s 49\n\nFor section 49 (2) (c) of the Act , the insurance cover prescribed is public liability insurance of at least $10m.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Notice of suspension or cancellation of service approval— Act , s 88","content":"### sec.7 Notice of suspension or cancellation of service approval— Act , s 88\n\nFor section 88 (8) (a) of the Act , a notice given or displayed under section 88 of the Act must state all of the following information—\nthe name of the QEC approved service;\nthe address of the QEC approved service;\nif the service approval is suspended—\nthe day the suspension takes effect; and\nthe effect of the suspension; and\nthe day the suspension ends;\nif the service approval is cancelled—\nthe day the cancellation takes effect; and\nthe effect of the cancellation.\nAlso, subsection (3) applies if the approved provider of a QEC approved service is also required to give a notice under section 36 (3) of the Act .\nFor section 88 (8) of the Act , a notice given or displayed under section 88 of the Act may also state the information required under section 5 (1) of this regulation to be stated in a notice given or displayed under section 36 of the Act .\n(sec.7-ssec.1) For section 88 (8) (a) of the Act , a notice given or displayed under section 88 of the Act must state all of the following information— the name of the QEC approved service; the address of the QEC approved service; if the service approval is suspended— the day the suspension takes effect; and the effect of the suspension; and the day the suspension ends; if the service approval is cancelled— the day the cancellation takes effect; and the effect of the cancellation.\n(sec.7-ssec.2) Also, subsection (3) applies if the approved provider of a QEC approved service is also required to give a notice under section 36 (3) of the Act .\n(sec.7-ssec.3) For section 88 (8) of the Act , a notice given or displayed under section 88 of the Act may also state the information required under section 5 (1) of this regulation to be stated in a notice given or displayed under section 36 of the Act .\n- (a) the name of the QEC approved service;\n- (b) the address of the QEC approved service;\n- (c) if the service approval is suspended— (i) the day the suspension takes effect; and (ii) the effect of the suspension; and (iii) the day the suspension ends;\n- (i) the day the suspension takes effect; and\n- (ii) the effect of the suspension; and\n- (iii) the day the suspension ends;\n- (d) if the service approval is cancelled— (i) the day the cancellation takes effect; and (ii) the effect of the cancellation.\n- (i) the day the cancellation takes effect; and\n- (ii) the effect of the cancellation.\n- (i) the day the suspension takes effect; and\n- (ii) the effect of the suspension; and\n- (iii) the day the suspension ends;\n- (i) the day the cancellation takes effect; and\n- (ii) the effect of the cancellation.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Service waivers— Act , s 92","content":"### sec.8 Service waivers— Act , s 92\n\nFor section 92 (1) of the Act , the requirements about the following matters are prescribed—\nadministrative space;\ndesign and maintenance of premises to facilitate supervision;\neducator qualifications;\neducator to child ratios;\nfencing;\nindoor space—general;\nindoor space—additional;\nnappy changing facilities;\noutdoor space—general;\noutdoor space—additional;\nsupervision of educators under 18 years.\n- (a) administrative space;\n- (b) design and maintenance of premises to facilitate supervision;\n- (c) educator qualifications;\n- (d) educator to child ratios;\n- (e) fencing;\n- (f) indoor space—general;\n- (g) indoor space—additional;\n- (h) nappy changing facilities;\n- (i) outdoor space—general;\n- (j) outdoor space—additional;\n- (k) supervision of educators under 18 years.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Temporary waivers— Act , s 99","content":"### sec.9 Temporary waivers— Act , s 99\n\nFor section 99 (1) of the Act , the requirements about the following matters are prescribed—\nadministrative space;\ndesign and maintenance of premises to facilitate supervision;\neducator qualifications;\neducator to child ratios;\nfencing;\nfirst aid qualifications;\nindoor space—general;\nindoor space—additional;\nnappy changing facilities;\noutdoor space—general;\noutdoor space—additional;\nsupervision of educators under 18 years.\n- (a) administrative space;\n- (b) design and maintenance of premises to facilitate supervision;\n- (c) educator qualifications;\n- (d) educator to child ratios;\n- (e) fencing;\n- (f) first aid qualifications;\n- (g) indoor space—general;\n- (h) indoor space—additional;\n- (i) nappy changing facilities;\n- (j) outdoor space—general;\n- (k) outdoor space—additional;\n- (l) supervision of educators under 18 years.","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"General requirements for conduct of QEC approved services","content":"# General requirements for conduct of QEC approved services","sortOrder":12},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Educational programs","content":"## Educational programs","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Purpose of division","content":"### sec.10 Purpose of division\n\nFor section 120 (2) of the Act , this division imposes requirements about programs.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Developing educational program","content":"### sec.11 Developing educational program\n\nThe approved provider of a QEC approved service must develop a program (an educational program ) based on the following documents—\nthe document called ‘Belonging, Being & Becoming: The Early Years Learning Framework for Australia’, as in force from time to time, published by the National Authority on its website;\nthe document called ‘My Time, Our Place: Framework for School Age Care in Australia’, as in force from time to time, published by the National Authority on its website;\na document, prepared by the chief executive and published on the department’s website, providing for matters the chief executive considers are equivalent to the matters provided for in a document mentioned in paragraph (a) or (b) .\nIf a matter provided for in a document mentioned in subsection (1) (c) is inconsistent with a matter provided for in a document mentioned in subsection (1) (a) or (b) , the document mentioned in subsection (1) (c) prevails to the extent of the inconsistency.\n(sec.11-ssec.1) The approved provider of a QEC approved service must develop a program (an educational program ) based on the following documents— the document called ‘Belonging, Being & Becoming: The Early Years Learning Framework for Australia’, as in force from time to time, published by the National Authority on its website; the document called ‘My Time, Our Place: Framework for School Age Care in Australia’, as in force from time to time, published by the National Authority on its website; a document, prepared by the chief executive and published on the department’s website, providing for matters the chief executive considers are equivalent to the matters provided for in a document mentioned in paragraph (a) or (b) .\n(sec.11-ssec.2) If a matter provided for in a document mentioned in subsection (1) (c) is inconsistent with a matter provided for in a document mentioned in subsection (1) (a) or (b) , the document mentioned in subsection (1) (c) prevails to the extent of the inconsistency.\n- (a) the document called ‘Belonging, Being & Becoming: The Early Years Learning Framework for Australia’, as in force from time to time, published by the National Authority on its website;\n- (b) the document called ‘My Time, Our Place: Framework for School Age Care in Australia’, as in force from time to time, published by the National Authority on its website;\n- (c) a document, prepared by the chief executive and published on the department’s website, providing for matters the chief executive considers are equivalent to the matters provided for in a document mentioned in paragraph (a) or (b) .","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Delivering educational program","content":"### sec.12 Delivering educational program\n\nThe approved provider of a QEC approved service must ensure an educational program is delivered in a way that contributes to the following outcomes for a child—\nthe child will have a strong sense of identity;\nthe child will be connected with, and contribute to, the child’s world;\nthe child will have a strong sense of wellbeing;\nthe child will be a confident and involved learner;\nthe child will be an effective communicator.\n- (a) the child will have a strong sense of identity;\n- (b) the child will be connected with, and contribute to, the child’s world;\n- (c) the child will have a strong sense of wellbeing;\n- (d) the child will be a confident and involved learner;\n- (e) the child will be an effective communicator.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Preparing records about educational program","content":"### sec.13 Preparing records about educational program\n\nThe approved provider of a QEC approved service must prepare a record of the following information for the purpose of delivering an educational program—\nfor a child, other than a school child—\nassessments of the child’s developmental needs, interests, experiences and participation in the program; and\nassessments of the child’s progress against the outcomes stated in the program;\nfor a school child—evaluations of the child’s wellbeing, development and learning.\nIn preparing a record under subsection (1) , the approved provider—\nmust consider—\nthe period of time for which the QEC approved service provides regulated education and care to the child; and\nhow the educators of the service will use the information in the best interests of the child; and\nmust ensure the record is prepared in a way that is likely to be easily understood by—\neducators of the service, taking into account the experience and qualifications of the educators; and\nthe parents of the child.\n(sec.13-ssec.1) The approved provider of a QEC approved service must prepare a record of the following information for the purpose of delivering an educational program— for a child, other than a school child— assessments of the child’s developmental needs, interests, experiences and participation in the program; and assessments of the child’s progress against the outcomes stated in the program; for a school child—evaluations of the child’s wellbeing, development and learning.\n(sec.13-ssec.2) In preparing a record under subsection (1) , the approved provider— must consider— the period of time for which the QEC approved service provides regulated education and care to the child; and how the educators of the service will use the information in the best interests of the child; and must ensure the record is prepared in a way that is likely to be easily understood by— educators of the service, taking into account the experience and qualifications of the educators; and the parents of the child.\n- (a) for a child, other than a school child— (i) assessments of the child’s developmental needs, interests, experiences and participation in the program; and (ii) assessments of the child’s progress against the outcomes stated in the program;\n- (i) assessments of the child’s developmental needs, interests, experiences and participation in the program; and\n- (ii) assessments of the child’s progress against the outcomes stated in the program;\n- (b) for a school child—evaluations of the child’s wellbeing, development and learning.\n- (i) assessments of the child’s developmental needs, interests, experiences and participation in the program; and\n- (ii) assessments of the child’s progress against the outcomes stated in the program;\n- (a) must consider— (i) the period of time for which the QEC approved service provides regulated education and care to the child; and (ii) how the educators of the service will use the information in the best interests of the child; and\n- (i) the period of time for which the QEC approved service provides regulated education and care to the child; and\n- (ii) how the educators of the service will use the information in the best interests of the child; and\n- (b) must ensure the record is prepared in a way that is likely to be easily understood by— (i) educators of the service, taking into account the experience and qualifications of the educators; and (ii) the parents of the child.\n- (i) educators of the service, taking into account the experience and qualifications of the educators; and\n- (ii) the parents of the child.\n- (i) the period of time for which the QEC approved service provides regulated education and care to the child; and\n- (ii) how the educators of the service will use the information in the best interests of the child; and\n- (i) educators of the service, taking into account the experience and qualifications of the educators; and\n- (ii) the parents of the child.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Making information about educational program available","content":"### sec.14 Making information about educational program available\n\nThe approved provider of a QEC approved service must ensure—\ninformation about the contents and operation of an educational program delivered by the service is displayed at the QEC service premises in a place accessible to a parent of a child; and\na copy of the educational program is available for inspection at the QEC service premises on request.\n- (a) information about the contents and operation of an educational program delivered by the service is displayed at the QEC service premises in a place accessible to a parent of a child; and\n- (b) a copy of the educational program is available for inspection at the QEC service premises on request.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Giving information to parents","content":"### sec.15 Giving information to parents\n\nThe approved provider of a QEC approved service must, on request by a parent of a child, give the parent—\ninformation about the contents and operation of an educational program delivered by the service, as it relates to the child; and\ninformation about the child’s participation in the educational program.\n- (a) information about the contents and operation of an educational program delivered by the service, as it relates to the child; and\n- (b) information about the child’s participation in the educational program.","sortOrder":19},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Safety, health and wellbeing of children—general","content":"## Safety, health and wellbeing of children—general","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Serious incidents— Act , s 127","content":"### sec.16 Serious incidents— Act , s 127\n\nFor section 127 (3) of the Act , definition serious incident , the following incidents, or types of incidents, are prescribed in relation to the approved provider of a QEC approved service—\nthe death of a child—\nwhile the child is being provided regulated education and care by the service; or\nfollowing an incident that occurs while the child is being provided regulated education and care by the service;\nan incident involving serious injury or trauma to, or illness of, a child while the child is being provided regulated education and care by the service—\nthat a reasonable person would consider requires urgent medical attention from a medical practitioner; or\nanaphylaxis reaction, broken limb, whooping cough\nfor which the child attended, or should reasonably have attended, a hospital;\nan incident for which an entity providing emergency services attended the QEC service premises;\nif the approved provider reasonably believes physical abuse or sexual abuse of a child has occurred, or is occurring, while the child is being provided regulated education and care by the service;\nif a child being provided regulated education and care by the service appears to be missing or can not be accounted for;\nif a child appears to have been taken or removed from the service in a way that contravenes—\nthe Act ; or\nan order of a court or tribunal;\nif a child is mistakenly locked in, or locked out of, the QEC service premises or any part of the premises.\nSee section 83 for matters prescribed for section 127 (1) (d) of the Act .\n- (a) the death of a child— (i) while the child is being provided regulated education and care by the service; or (ii) following an incident that occurs while the child is being provided regulated education and care by the service;\n- (i) while the child is being provided regulated education and care by the service; or\n- (ii) following an incident that occurs while the child is being provided regulated education and care by the service;\n- (b) an incident involving serious injury or trauma to, or illness of, a child while the child is being provided regulated education and care by the service— (i) that a reasonable person would consider requires urgent medical attention from a medical practitioner; or Examples of serious injury, trauma or illness— anaphylaxis reaction, broken limb, whooping cough (ii) for which the child attended, or should reasonably have attended, a hospital;\n- (i) that a reasonable person would consider requires urgent medical attention from a medical practitioner; or Examples of serious injury, trauma or illness— anaphylaxis reaction, broken limb, whooping cough\n- (ii) for which the child attended, or should reasonably have attended, a hospital;\n- (c) an incident for which an entity providing emergency services attended the QEC service premises;\n- (d) if the approved provider reasonably believes physical abuse or sexual abuse of a child has occurred, or is occurring, while the child is being provided regulated education and care by the service;\n- (e) if a child being provided regulated education and care by the service appears to be missing or can not be accounted for;\n- (f) if a child appears to have been taken or removed from the service in a way that contravenes— (i) the Act ; or (ii) an order of a court or tribunal;\n- (i) the Act ; or\n- (ii) an order of a court or tribunal;\n- (g) if a child is mistakenly locked in, or locked out of, the QEC service premises or any part of the premises.\n- (i) while the child is being provided regulated education and care by the service; or\n- (ii) following an incident that occurs while the child is being provided regulated education and care by the service;\n- (i) that a reasonable person would consider requires urgent medical attention from a medical practitioner; or Examples of serious injury, trauma or illness— anaphylaxis reaction, broken limb, whooping cough\n- (ii) for which the child attended, or should reasonably have attended, a hospital;\n- (i) the Act ; or\n- (ii) an order of a court or tribunal;","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Health, hygiene and safe food practices","content":"### sec.17 Health, hygiene and safe food practices\n\nThe approved provider of a QEC approved service must ensure staff members and volunteers implement the following measures to minimise risks to a child while the child is being provided regulated education and care by the service—\nadequate health and hygiene practices;\nsafe practices for handling, preparing and storing food.\nMaximum penalty—5 penalty units.\n- (a) adequate health and hygiene practices;\n- (b) safe practices for handling, preparing and storing food.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Providing food, water and beverages","content":"### sec.18 Providing food, water and beverages\n\nThe approved provider of a QEC approved service must ensure a child—\nhas access to safe drinking water at all times; and\nis offered food and beverages, appropriate to the needs of the child, on a regular basis.\nMaximum penalty—5 penalty units.\nIf the approved provider of a QEC approved service provides food or beverages for a child, the approved provider must ensure—\nthe food or beverages are nutritious and adequate in quantity; and\nthe food or beverages are chosen for the child having regard to the child’s dietary requirements, taking into account the following matters—\nthe growth and development needs of the child;\nthe health requirements of the child;\nthe cultural or religious requirements of the child.\nMaximum penalty—5 penalty units.\n(sec.18-ssec.1) The approved provider of a QEC approved service must ensure a child— has access to safe drinking water at all times; and is offered food and beverages, appropriate to the needs of the child, on a regular basis. Maximum penalty—5 penalty units.\n(sec.18-ssec.2) If the approved provider of a QEC approved service provides food or beverages for a child, the approved provider must ensure— the food or beverages are nutritious and adequate in quantity; and the food or beverages are chosen for the child having regard to the child’s dietary requirements, taking into account the following matters— the growth and development needs of the child; the health requirements of the child; the cultural or religious requirements of the child. Maximum penalty—5 penalty units.\n- (a) has access to safe drinking water at all times; and\n- (b) is offered food and beverages, appropriate to the needs of the child, on a regular basis.\n- (a) the food or beverages are nutritious and adequate in quantity; and\n- (b) the food or beverages are chosen for the child having regard to the child’s dietary requirements, taking into account the following matters— (i) the growth and development needs of the child; (ii) the health requirements of the child; (iii) the cultural or religious requirements of the child.\n- (i) the growth and development needs of the child;\n- (ii) the health requirements of the child;\n- (iii) the cultural or religious requirements of the child.\n- (i) the growth and development needs of the child;\n- (ii) the health requirements of the child;\n- (iii) the cultural or religious requirements of the child.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"First aid kits","content":"### sec.19 First aid kits\n\nThe approved provider of a QEC approved service must ensure first aid kits are kept by the service while the service provides regulated education and care to children.\nMaximum penalty—5 penalty units.\nThe approved provider of a QEC approved service must, having regard to the number of children being provided regulated education and care by the service, keep an appropriate number of first aid kits at the service.\nMaximum penalty—5 penalty units.\n(sec.19-ssec.1) The approved provider of a QEC approved service must ensure first aid kits are kept by the service while the service provides regulated education and care to children. Maximum penalty—5 penalty units.\n(sec.19-ssec.2) The approved provider of a QEC approved service must, having regard to the number of children being provided regulated education and care by the service, keep an appropriate number of first aid kits at the service. Maximum penalty—5 penalty units.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Provision of environment free from alcohol, illicit drugs, tobacco, vaping devices etc.","content":"### sec.20 Provision of environment free from alcohol, illicit drugs, tobacco, vaping devices etc.\n\nThe approved provider of a QEC approved service must ensure children are provided with an environment free from the use of the following things—\nalcohol;\nillicit drugs;\ntobacco;\nvaping devices;\nvaping substances.\nMaximum penalty—5 penalty units.\nIn this section—\nvaping device see the Tobacco and Other Smoking Products Act 1998 , section 7 (1) .\nvaping substance see the Tobacco and Other Smoking Products Act 1998 , section 7 (1) .\n(sec.20-ssec.1) The approved provider of a QEC approved service must ensure children are provided with an environment free from the use of the following things— alcohol; illicit drugs; tobacco; vaping devices; vaping substances. Maximum penalty—5 penalty units.\n(sec.20-ssec.2) In this section— vaping device see the Tobacco and Other Smoking Products Act 1998 , section 7 (1) . vaping substance see the Tobacco and Other Smoking Products Act 1998 , section 7 (1) .\n- (a) alcohol;\n- (b) illicit drugs;\n- (c) tobacco;\n- (d) vaping devices;\n- (e) vaping substances.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Staff members and volunteers not to be affected by alcohol or drugs","content":"### sec.21 Staff members and volunteers not to be affected by alcohol or drugs\n\nThe approved provider of a QEC approved service must ensure the capacity of a staff member or volunteer to supervise a child, or provide regulated education and care to a child, is not impaired because the person is under the influence of alcohol or another drug, including prescription medication.\nMaximum penalty—5 penalty units.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Notifying parent about particular matters","content":"### sec.22 Notifying parent about particular matters\n\nThe approved provider of a QEC approved service must ensure that, as soon as practicable, but not later than 24 hours, after a child is injured or becomes ill, a parent of the child is notified of—\nthe injury or illness; and\nany medical attention provided to the child.\nMaximum penalty—5 penalty units.\n- (a) the injury or illness; and\n- (b) any medical attention provided to the child.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Obligations under Child Protection Act 1999","content":"### sec.23 Obligations under Child Protection Act 1999\n\nThe approved provider of a QEC approved service must ensure staff members are informed about their obligations under the Child Protection Act 1999 , section 13E .\nMaximum penalty—5 penalty units.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Infectious diseases","content":"### sec.24 Infectious diseases\n\nIf there is an occurrence of an infectious disease at a QEC approved service, the approved provider of the QEC approved service must ensure all reasonable steps are taken to prevent the spread of the infectious disease at the service.\nMaximum penalty—20 penalty units.\nIf there is an occurrence of an infectious disease at a QEC approved service, the approved provider of the QEC approved service must ensure a parent of, or an authorised emergency contact for, each child is notified of the occurrence as soon as practicable.\nMaximum penalty—20 penalty units.\nIn this section—\nauthorised emergency contact , for a child, means a person authorised by a parent of the child to—\ncollect the child from a QEC approved service; or\nrespond to an incident involving the child.\n(sec.24-ssec.1) If there is an occurrence of an infectious disease at a QEC approved service, the approved provider of the QEC approved service must ensure all reasonable steps are taken to prevent the spread of the infectious disease at the service. Maximum penalty—20 penalty units.\n(sec.24-ssec.2) If there is an occurrence of an infectious disease at a QEC approved service, the approved provider of the QEC approved service must ensure a parent of, or an authorised emergency contact for, each child is notified of the occurrence as soon as practicable. Maximum penalty—20 penalty units.\n(sec.24-ssec.3) In this section— authorised emergency contact , for a child, means a person authorised by a parent of the child to— collect the child from a QEC approved service; or respond to an incident involving the child.\n- (a) collect the child from a QEC approved service; or\n- (b) respond to an incident involving the child.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Children leaving QEC service premises","content":"### sec.25 Children leaving QEC service premises\n\nThe approved provider of a QEC approved service must ensure a child does not leave the QEC service premises other than under subsection (2) .\nMaximum penalty—20 penalty units.\nA child may leave the QEC service premises only if—\nthe child is given into the care of—\na parent of the child; or\nan authorised nominee for the child who is recorded in the child’s enrolment record as an authorised nominee; or\na person authorised, by a parent of the child or an authorised nominee mentioned in subparagraph (ii) , to collect the child from the premises; or\nthe child leaves the premises in accordance with the written authorisation of a parent of the child or an authorised nominee mentioned in paragraph (a) (ii) ; or\nthe child is taken on an excursion, and the approved provider has complied with division 6 in relation to the excursion; or\nthe child is transported by, or on transportation arranged by, the QEC approved service, and the approved provider has complied with division 7 in relation to the transportation; or\nthe child is given into the care of a person or taken outside the premises—\nbecause the child requires medical, hospital or ambulance care or treatment; or\nbecause of another emergency.\nIn this section—\nexcursion , in relation to a QEC approved service, see section 72 .\n(sec.25-ssec.1) The approved provider of a QEC approved service must ensure a child does not leave the QEC service premises other than under subsection (2) . Maximum penalty—20 penalty units.\n(sec.25-ssec.2) A child may leave the QEC service premises only if— the child is given into the care of— a parent of the child; or an authorised nominee for the child who is recorded in the child’s enrolment record as an authorised nominee; or a person authorised, by a parent of the child or an authorised nominee mentioned in subparagraph (ii) , to collect the child from the premises; or the child leaves the premises in accordance with the written authorisation of a parent of the child or an authorised nominee mentioned in paragraph (a) (ii) ; or the child is taken on an excursion, and the approved provider has complied with division 6 in relation to the excursion; or the child is transported by, or on transportation arranged by, the QEC approved service, and the approved provider has complied with division 7 in relation to the transportation; or the child is given into the care of a person or taken outside the premises— because the child requires medical, hospital or ambulance care or treatment; or because of another emergency.\n(sec.25-ssec.3) In this section— excursion , in relation to a QEC approved service, see section 72 .\n- (a) the child is given into the care of— (i) a parent of the child; or (ii) an authorised nominee for the child who is recorded in the child’s enrolment record as an authorised nominee; or (iii) a person authorised, by a parent of the child or an authorised nominee mentioned in subparagraph (ii) , to collect the child from the premises; or\n- (i) a parent of the child; or\n- (ii) an authorised nominee for the child who is recorded in the child’s enrolment record as an authorised nominee; or\n- (iii) a person authorised, by a parent of the child or an authorised nominee mentioned in subparagraph (ii) , to collect the child from the premises; or\n- (b) the child leaves the premises in accordance with the written authorisation of a parent of the child or an authorised nominee mentioned in paragraph (a) (ii) ; or\n- (c) the child is taken on an excursion, and the approved provider has complied with division 6 in relation to the excursion; or\n- (d) the child is transported by, or on transportation arranged by, the QEC approved service, and the approved provider has complied with division 7 in relation to the transportation; or\n- (e) the child 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.\n- (i) because the child requires medical, hospital or ambulance care or treatment; or\n- (ii) because of another emergency.\n- (i) a parent of the child; or\n- (ii) an authorised nominee for the child who is recorded in the child’s enrolment record as an authorised nominee; or\n- (iii) a person authorised, by a parent of the child or an authorised nominee mentioned in subparagraph (ii) , to collect the child from the premises; or\n- (i) because the child requires medical, hospital or ambulance care or treatment; or\n- (ii) because of another emergency.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.26 Definitions for subdivision\n\nIn this subdivision—\nchildren’s service see the Education and Care Services National Law (Queensland) , section 5 (1) .\neducation and care service see the Education and Care Services National Law (Queensland) , section 5 (1) .\nrelevant place , in relation to a QEC approved service, means the place at which any of the following is operated—\nanother QEC approved service;\nan education and care service;\na school;\na children’s service in another jurisdiction.\n- (a) another QEC approved service;\n- (b) an education and care service;\n- (c) a school;\n- (d) a children’s service in another jurisdiction.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Risk assessments to be conducted—safe arrival of children travelling between service and relevant places","content":"### sec.27 Risk assessments to be conducted—safe arrival of children travelling between service and relevant places\n\nThe approved provider of a QEC approved service must ensure a risk assessment of matters affecting the safe arrival of children travelling between the service and a relevant place is conducted under this section—\nin preparing the safe arrival policies and procedures of the service; and\nat intervals of not more than 12 months after the safe arrival policies and procedures are prepared; and\nas soon as practicable after the approved provider becomes aware of any circumstance that may affect the safe arrival of a child travelling between the service and a relevant place.\nMaximum penalty—10 penalty units.\nThe risk assessment must—\nidentify and assess any risks that travelling between the QEC approved service and a relevant place may pose to the safety, health or wellbeing of any child; and\nstate how the identified risks will be managed and minimised; and\nwithout limiting paragraph (a) or (b) , consider the matters stated in subsection (3) .\nFor subsection (2) (c) , the matters are as follows—\nthe ages, developmental stages and individual needs of the children travelling between the QEC approved service and a relevant place;\nthe role and responsibilities of each of the following persons—\nif the children leave the QEC service premises to travel to the education and care service premises of an education and care service—the nominated supervisor of the education and care service;\nthe parents of the children;\nany authorised nominees for the children;\nany person authorised by the parents or authorised nominees to collect the children from the QEC service premises;\nthe role and responsibilities of the QEC approved service from which, or to which, the children are travelling;\nthe communication arrangements between the QEC approved service and a relevant place to which, or from which, the children are travelling, including any communication arrangements to apply if a child is missing or can not be accounted for during the child’s travel;\nthe procedure to be followed by the QEC approved service if the service identifies that a child is missing, or can not be accounted for, during the child’s travel;\nhaving regard to the risks posed by the children’s travel, the appropriate number of educators or other responsible adults to provide supervision for the children while travelling;\nthe proposed route and destination, including any proximity to an identified potential harm or hazard;\nthe process for entering and exiting—\nthe QEC service premises; and\na relevant place;\nthe procedure to be followed by the QEC approved service to ensure the children leave the QEC service premises in accordance with section 25 (2) (b) .\nIn this section—\neducation and care service premises see the Education and Care Services National Law (Queensland) , section 5 (1) .\nnominated supervisor see the Education and Care Services National Law (Queensland) , section 5 (1) .\n(sec.27-ssec.1) The approved provider of a QEC approved service must ensure a risk assessment of matters affecting the safe arrival of children travelling between the service and a relevant place is conducted under this section— in preparing the safe arrival policies and procedures of the service; and at intervals of not more than 12 months after the safe arrival policies and procedures are prepared; and as soon as practicable after the approved provider becomes aware of any circumstance that may affect the safe arrival of a child travelling between the service and a relevant place. Maximum penalty—10 penalty units.\n(sec.27-ssec.2) The risk assessment must— identify and assess any risks that travelling between the QEC approved service and a relevant place may pose to the safety, health or wellbeing of any child; and state how the identified risks will be managed and minimised; and without limiting paragraph (a) or (b) , consider the matters stated in subsection (3) .\n(sec.27-ssec.3) For subsection (2) (c) , the matters are as follows— the ages, developmental stages and individual needs of the children travelling between the QEC approved service and a relevant place; the role and responsibilities of each of the following persons— if the children leave the QEC service premises to travel to the education and care service premises of an education and care service—the nominated supervisor of the education and care service; the parents of the children; any authorised nominees for the children; any person authorised by the parents or authorised nominees to collect the children from the QEC service premises; the role and responsibilities of the QEC approved service from which, or to which, the children are travelling; the communication arrangements between the QEC approved service and a relevant place to which, or from which, the children are travelling, including any communication arrangements to apply if a child is missing or can not be accounted for during the child’s travel; the procedure to be followed by the QEC approved service if the service identifies that a child is missing, or can not be accounted for, during the child’s travel; having regard to the risks posed by the children’s travel, the appropriate number of educators or other responsible adults to provide supervision for the children while travelling; the proposed route and destination, including any proximity to an identified potential harm or hazard; the process for entering and exiting— the QEC service premises; and a relevant place; the procedure to be followed by the QEC approved service to ensure the children leave the QEC service premises in accordance with section 25 (2) (b) .\n(sec.27-ssec.4) In this section— education and care service premises see the Education and Care Services National Law (Queensland) , section 5 (1) . nominated supervisor see the Education and Care Services National Law (Queensland) , section 5 (1) .\n- (a) in preparing the safe arrival policies and procedures of the service; and\n- (b) at intervals of not more than 12 months after the safe arrival policies and procedures are prepared; and\n- (c) as soon as practicable after the approved provider becomes aware of any circumstance that may affect the safe arrival of a child travelling between the service and a relevant place.\n- (a) identify and assess any risks that travelling between the QEC approved service and a relevant place may pose to the safety, health or wellbeing of any child; and\n- (b) state how the identified risks will be managed and minimised; and\n- (c) without limiting paragraph (a) or (b) , consider the matters stated in subsection (3) .\n- (a) the ages, developmental stages and individual needs of the children travelling between the QEC approved service and a relevant place;\n- (b) the role and responsibilities of each of the following persons— (i) if the children leave the QEC service premises to travel to the education and care service premises of an education and care service—the nominated supervisor of the education and care service; (ii) the parents of the children; (iii) any authorised nominees for the children; (iv) any person authorised by the parents or authorised nominees to collect the children from the QEC service premises;\n- (i) if the children leave the QEC service premises to travel to the education and care service premises of an education and care service—the nominated supervisor of the education and care service;\n- (ii) the parents of the children;\n- (iii) any authorised nominees for the children;\n- (iv) any person authorised by the parents or authorised nominees to collect the children from the QEC service premises;\n- (c) the role and responsibilities of the QEC approved service from which, or to which, the children are travelling;\n- (d) the communication arrangements between the QEC approved service and a relevant place to which, or from which, the children are travelling, including any communication arrangements to apply if a child is missing or can not be accounted for during the child’s travel;\n- (e) the procedure to be followed by the QEC approved service if the service identifies that a child is missing, or can not be accounted for, during the child’s travel;\n- (f) having regard to the risks posed by the children’s travel, the appropriate number of educators or other responsible adults to provide supervision for the children while travelling;\n- (g) the proposed route and destination, including any proximity to an identified potential harm or hazard;\n- (h) the process for entering and exiting— (i) the QEC service premises; and (ii) a relevant place;\n- (i) the QEC service premises; and\n- (ii) a relevant place;\n- (i) the procedure to be followed by the QEC approved service to ensure the children leave the QEC service premises in accordance with section 25 (2) (b) .\n- (i) if the children leave the QEC service premises to travel to the education and care service premises of an education and care service—the nominated supervisor of the education and care service;\n- (ii) the parents of the children;\n- (iii) any authorised nominees for the children;\n- (iv) any person authorised by the parents or authorised nominees to collect the children from the QEC service premises;\n- (i) the QEC service premises; and\n- (ii) a relevant place;","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Keeping risk assessments","content":"### sec.28 Keeping risk assessments\n\nThe approved provider of a QEC approved service must keep a record of each risk assessment conducted under section 27 .","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Requirements for safe arrival policies and procedures","content":"### sec.29 Requirements for safe arrival policies and procedures\n\nThis section applies in relation to the policies and procedures the approved provider of a QEC approved service must make and keep under section 93 about the safe arrival of children travelling between the service and a relevant place (the safe arrival policies and procedures ).\nIn preparing the safe arrival policies and procedures, the approved provider must consult with—\nthe staff members; and\nthe parents of the children; and\nif the approved provider considers there are special circumstances—the children.\n(sec.29-ssec.1) This section applies in relation to the policies and procedures the approved provider of a QEC approved service must make and keep under section 93 about the safe arrival of children travelling between the service and a relevant place (the safe arrival policies and procedures ).\n(sec.29-ssec.2) In preparing the safe arrival policies and procedures, the approved provider must consult with— the staff members; and the parents of the children; and if the approved provider considers there are special circumstances—the children.\n- (a) the staff members; and\n- (b) the parents of the children; and\n- (c) if the approved provider considers there are special circumstances—the children.","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Amendment of safe arrival policies and procedures","content":"### sec.30 Amendment of safe arrival policies and procedures\n\nThe approved provider of a QEC approved service must, as soon as practicable after conducting a risk assessment under section 27 , amend the safe arrival policies and procedures to address any risks identified in the assessment.","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Authorisation to give medical attention","content":"### sec.31 Authorisation to give medical attention\n\nThe approved provider of a QEC approved service must ensure regulated education and care is not provided to a child unless a parent of the child has given the approved provider a medical authorisation for the child.\nIn this section—\nmedical authorisation , for a child, means a written document, given by a parent of the child to the approved provider of a QEC approved service, authorising a staff member or volunteer to provide appropriate medical attention for the child in an emergency.\n(sec.31-ssec.1) The approved provider of a QEC approved service must ensure regulated education and care is not provided to a child unless a parent of the child has given the approved provider a medical authorisation for the child.\n(sec.31-ssec.2) In this section— medical authorisation , for a child, means a written document, given by a parent of the child to the approved provider of a QEC approved service, authorising a staff member or volunteer to provide appropriate medical attention for the child in an emergency.","sortOrder":36},{"sectionNumber":"sec.32","sectionType":"section","heading":"Medical attention","content":"### sec.32 Medical attention\n\nThe approved provider of a QEC approved service must take all reasonable steps to provide appropriate medical attention for a child who is injured or becomes ill.","sortOrder":37},{"sectionNumber":"sec.33","sectionType":"section","heading":"Record of incidents, injuries, traumas and illnesses","content":"### sec.33 Record of incidents, injuries, traumas and illnesses\n\nThe approved provider of a QEC approved service must make a record (an incident record ) of the happening of either of the following in relation to a child while being provided regulated education and care by the service—\nan incident involving the child;\nan injury, trauma or illness suffered by the child.\nThe incident record must include the following—\nthe name and age of the child;\nthe date and time—\nthe incident happened; or\nthe injury or trauma was suffered; or\nthe child first displayed symptoms of the illness;\nthe nature of, and circumstances surrounding, the incident, injury, trauma or illness;\nthe action taken by a staff member or volunteer in relation to the incident, injury, trauma or illness, including, for example—\nthe name and amount of any medication administered to the child; and\nthe name of any medical personnel contacted in relation the incident, injury, trauma or illness;\nthe name of any person who witnessed the incident, injury or trauma, if known;\nif a staff member or volunteer notified, or attempted to notify, a person in relation to the incident, injury, trauma or illness—\nthe name of the staff member or volunteer; and\nthe date and time of the notification or attempted notification;\nthe name and signature of the person making the record and the date and time the record was made.\nThe incident record must be made as soon as practicable, but not later than 24 hours, after—\nthe incident happens; or\nthe injury or trauma is suffered; or\nthe child first displays symptoms of the illness.\n(sec.33-ssec.1) The approved provider of a QEC approved service must make a record (an incident record ) of the happening of either of the following in relation to a child while being provided regulated education and care by the service— an incident involving the child; an injury, trauma or illness suffered by the child.\n(sec.33-ssec.2) The incident record must include the following— the name and age of the child; the date and time— the incident happened; or the injury or trauma was suffered; or the child first displayed symptoms of the illness; the nature of, and circumstances surrounding, the incident, injury, trauma or illness; the action taken by a staff member or volunteer in relation to the incident, injury, trauma or illness, including, for example— the name and amount of any medication administered to the child; and the name of any medical personnel contacted in relation the incident, injury, trauma or illness; the name of any person who witnessed the incident, injury or trauma, if known; if a staff member or volunteer notified, or attempted to notify, a person in relation to the incident, injury, trauma or illness— the name of the staff member or volunteer; and the date and time of the notification or attempted notification; the name and signature of the person making the record and the date and time the record was made.\n(sec.33-ssec.3) The incident record must be made as soon as practicable, but not later than 24 hours, after— the incident happens; or the injury or trauma is suffered; or the child first displays symptoms of the illness.\n- (a) an incident involving the child;\n- (b) an injury, trauma or illness suffered by the child.\n- (a) the name and age of the child;\n- (b) the date and time— (i) the incident happened; or (ii) the injury or trauma was suffered; or (iii) the child first displayed symptoms of the illness;\n- (i) the incident happened; or\n- (ii) the injury or trauma was suffered; or\n- (iii) the child first displayed symptoms of the illness;\n- (c) the nature of, and circumstances surrounding, the incident, injury, trauma or illness;\n- (d) the action taken by a staff member or volunteer in relation to the incident, injury, trauma or illness, including, for example— (i) the name and amount of any medication administered to the child; and (ii) the name of any medical personnel contacted in relation the incident, injury, trauma or illness;\n- (i) the name and amount of any medication administered to the child; and\n- (ii) the name of any medical personnel contacted in relation the incident, injury, trauma or illness;\n- (e) the name of any person who witnessed the incident, injury or trauma, if known;\n- (f) if a staff member or volunteer notified, or attempted to notify, a person in relation to the incident, injury, trauma or illness— (i) the name of the staff member or volunteer; and (ii) the date and time of the notification or attempted notification;\n- (i) the name of the staff member or volunteer; and\n- (ii) the date and time of the notification or attempted notification;\n- (g) the name and signature of the person making the record and the date and time the record was made.\n- (i) the incident happened; or\n- (ii) the injury or trauma was suffered; or\n- (iii) the child first displayed symptoms of the illness;\n- (i) the name and amount of any medication administered to the child; and\n- (ii) the name of any medical personnel contacted in relation the incident, injury, trauma or illness;\n- (i) the name of the staff member or volunteer; and\n- (ii) the date and time of the notification or attempted notification;\n- (a) the incident happens; or\n- (b) the injury or trauma is suffered; or\n- (c) the child first displays symptoms of the illness.","sortOrder":38},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Sleep and rest","content":"## Sleep and rest","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":"Sleep and rest—general requirements","content":"### sec.34 Sleep and rest—general requirements\n\nThe approved provider of a QEC approved service must ensure the individual needs of a child for sleep and rest are met, having regard to the child’s age and developmental stage.\nMaximum penalty—10 penalty units.","sortOrder":40},{"sectionNumber":"sec.35","sectionType":"section","heading":"Bassinets not to be on QEC service premises","content":"### sec.35 Bassinets not to be on QEC service premises\n\nThe approved provider of a QEC approved service must ensure a bassinet is not on the QEC service premises at any time a child is being provided regulated education and care by the service.\nMaximum penalty—10 penalty units.","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":"Definition for subdivision","content":"### sec.36 Definition for subdivision\n\nIn this subdivision—\nsleep and rest area , of a QEC approved service, means an area at the QEC service premises used by children to sleep and rest.","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"Risk assessments to be conducted—sleep and rest of children","content":"### sec.37 Risk assessments to be conducted—sleep and rest of children\n\nThe approved provider of a QEC approved service must ensure a risk assessment of matters affecting the sleep and rest of children is conducted under this section—\nin preparing the sleep and rest policies and procedures of the service; and\nat intervals of not more than 12 months after the sleep and rest policies and procedures are prepared; and\nas soon as practicable after the approved provider becomes aware of any circumstance that may affect the safety, health or wellbeing of a child during sleep and rest periods.\nMaximum penalty—10 penalty units.\nThe risk assessment must consider the following matters—\nthe number, ages and developmental stages of the children at the QEC approved service;\nthe sleep and rest needs of each child at the QEC approved service, including, for example, any health care needs, cultural preferences, sleep and rest needs of an individual child and any request from a family member of the child about the child’s sleep and rest;\nthe suitability of staffing arrangements to adequately supervise and monitor each child at the QEC approved service during sleep and rest periods;\nthe level of knowledge, experience and training of the staff members supervising children during sleep and rest periods;\nthe location of sleep and rest areas of the QEC approved service, including the arrangement of cots and beds within the sleep and rest areas;\nthe safety and suitability of any cots, beds and bedding equipment, having regard to the ages and developmental stages of the children using, or who will use, the cots, beds and bedding equipment;\nany potential hazards—\nin the sleep and rest areas of the QEC approved service; or\nto children during sleep and rest periods;\nthe physical safety and suitability of sleep and rest environments of the QEC approved service, including, for example, temperature, lighting and ventilation.\n(sec.37-ssec.1) The approved provider of a QEC approved service must ensure a risk assessment of matters affecting the sleep and rest of children is conducted under this section— in preparing the sleep and rest policies and procedures of the service; and at intervals of not more than 12 months after the sleep and rest policies and procedures are prepared; and as soon as practicable after the approved provider becomes aware of any circumstance that may affect the safety, health or wellbeing of a child during sleep and rest periods. Maximum penalty—10 penalty units.\n(sec.37-ssec.2) The risk assessment must consider the following matters— the number, ages and developmental stages of the children at the QEC approved service; the sleep and rest needs of each child at the QEC approved service, including, for example, any health care needs, cultural preferences, sleep and rest needs of an individual child and any request from a family member of the child about the child’s sleep and rest; the suitability of staffing arrangements to adequately supervise and monitor each child at the QEC approved service during sleep and rest periods; the level of knowledge, experience and training of the staff members supervising children during sleep and rest periods; the location of sleep and rest areas of the QEC approved service, including the arrangement of cots and beds within the sleep and rest areas; the safety and suitability of any cots, beds and bedding equipment, having regard to the ages and developmental stages of the children using, or who will use, the cots, beds and bedding equipment; any potential hazards— in the sleep and rest areas of the QEC approved service; or to children during sleep and rest periods; the physical safety and suitability of sleep and rest environments of the QEC approved service, including, for example, temperature, lighting and ventilation.\n- (a) in preparing the sleep and rest policies and procedures of the service; and\n- (b) at intervals of not more than 12 months after the sleep and rest policies and procedures are prepared; and\n- (c) as soon as practicable after the approved provider becomes aware of any circumstance that may affect the safety, health or wellbeing of a child during sleep and rest periods.\n- (a) the number, ages and developmental stages of the children at the QEC approved service;\n- (b) the sleep and rest needs of each child at the QEC approved service, including, for example, any health care needs, cultural preferences, sleep and rest needs of an individual child and any request from a family member of the child about the child’s sleep and rest;\n- (c) the suitability of staffing arrangements to adequately supervise and monitor each child at the QEC approved service during sleep and rest periods;\n- (d) the level of knowledge, experience and training of the staff members supervising children during sleep and rest periods;\n- (e) the location of sleep and rest areas of the QEC approved service, including the arrangement of cots and beds within the sleep and rest areas;\n- (f) the safety and suitability of any cots, beds and bedding equipment, having regard to the ages and developmental stages of the children using, or who will use, the cots, beds and bedding equipment;\n- (g) any potential hazards— (i) in the sleep and rest areas of the QEC approved service; or (ii) to children during sleep and rest periods;\n- (i) in the sleep and rest areas of the QEC approved service; or\n- (ii) to children during sleep and rest periods;\n- (h) the physical safety and suitability of sleep and rest environments of the QEC approved service, including, for example, temperature, lighting and ventilation.\n- (i) in the sleep and rest areas of the QEC approved service; or\n- (ii) to children during sleep and rest periods;","sortOrder":43},{"sectionNumber":"sec.38","sectionType":"section","heading":"Keeping risk assessments","content":"### sec.38 Keeping risk assessments\n\nThe approved provider of a QEC approved service must keep a record of each risk assessment conducted under section 37 .","sortOrder":44},{"sectionNumber":"sec.39","sectionType":"section","heading":"Requirements for sleep and rest policies and procedures","content":"### sec.39 Requirements for sleep and rest policies and procedures\n\nThis section applies in relation to the policies and procedures the approved provider of a QEC approved service must make and keep under section 93 about sleep and rest (the sleep and rest policies and procedures ).\nThe sleep and rest policies and procedures for the QEC approved service must address the following matters—\nhow children will be protected from any risks identified in a risk assessment conducted under section 37 ;\nhow the sleep and rest needs of children are met, including how the ages, developmental stages and sleep and rest needs of the children are considered;\nhow the health care needs of children are met;\nhow requests from a family member of a child about the child’s sleep and rest and cultural preferences are considered;\nthe supervision and monitoring of children during sleep and rest periods, including—\nthe method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods; and\ndocumenting sleep and rest periods;\nhow the sleep and rest practices of the service are consistent with any current health guidelines on the best practices to adopt to ensure the safety of children during sleep and rest;\nthe induction, training and knowledge of staff members and volunteers who provide regulated education and care of children in relation to best practices for children’s sleep and rest;\nthe location and arrangement of sleep and rest areas of the service, and how these meet the sleep and rest needs of children;\nthe safety and suitability of cots, beds and bedding equipment, having regard to the ages and developmental stages of the children using, or who will use, the cots, beds and bedding equipment;\nmanagement of potential hazards—\nin sleep and rest areas; and\nto children during sleep and rest periods;\nmanagement of physical safety and suitability of sleep and rest environments of the service, including temperature, lighting and ventilation;\nhow parents of a child will be advised of the sleep and rest policies and procedures.\n(sec.39-ssec.1) This section applies in relation to the policies and procedures the approved provider of a QEC approved service must make and keep under section 93 about sleep and rest (the sleep and rest policies and procedures ).\n(sec.39-ssec.2) The sleep and rest policies and procedures for the QEC approved service must address the following matters— how children will be protected from any risks identified in a risk assessment conducted under section 37 ; how the sleep and rest needs of children are met, including how the ages, developmental stages and sleep and rest needs of the children are considered; how the health care needs of children are met; how requests from a family member of a child about the child’s sleep and rest and cultural preferences are considered; the supervision and monitoring of children during sleep and rest periods, including— the method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods; and documenting sleep and rest periods; how the sleep and rest practices of the service are consistent with any current health guidelines on the best practices to adopt to ensure the safety of children during sleep and rest; the induction, training and knowledge of staff members and volunteers who provide regulated education and care of children in relation to best practices for children’s sleep and rest; the location and arrangement of sleep and rest areas of the service, and how these meet the sleep and rest needs of children; the safety and suitability of cots, beds and bedding equipment, having regard to the ages and developmental stages of the children using, or who will use, the cots, beds and bedding equipment; management of potential hazards— in sleep and rest areas; and to children during sleep and rest periods; management of physical safety and suitability of sleep and rest environments of the service, including temperature, lighting and ventilation; how parents of a child will be advised of the sleep and rest policies and procedures.\n- (a) how children will be protected from any risks identified in a risk assessment conducted under section 37 ;\n- (b) how the sleep and rest needs of children are met, including how the ages, developmental stages and sleep and rest needs of the children are considered;\n- (c) how the health care needs of children are met;\n- (d) how requests from a family member of a child about the child’s sleep and rest and cultural preferences are considered;\n- (e) the supervision and monitoring of children during sleep and rest periods, including— (i) the method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods; and (ii) documenting sleep and rest periods;\n- (i) the method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods; and\n- (ii) documenting sleep and rest periods;\n- (f) how the sleep and rest practices of the service are consistent with any current health guidelines on the best practices to adopt to ensure the safety of children during sleep and rest;\n- (g) the induction, training and knowledge of staff members and volunteers who provide regulated education and care of children in relation to best practices for children’s sleep and rest;\n- (h) the location and arrangement of sleep and rest areas of the service, and how these meet the sleep and rest needs of children;\n- (i) the safety and suitability of cots, beds and bedding equipment, having regard to the ages and developmental stages of the children using, or who will use, the cots, beds and bedding equipment;\n- (j) management of potential hazards— (i) in sleep and rest areas; and (ii) to children during sleep and rest periods;\n- (i) in sleep and rest areas; and\n- (ii) to children during sleep and rest periods;\n- (k) management of physical safety and suitability of sleep and rest environments of the service, including temperature, lighting and ventilation;\n- (l) how parents of a child will be advised of the sleep and rest policies and procedures.\n- (i) the method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods; and\n- (ii) documenting sleep and rest periods;\n- (i) in sleep and rest areas; and\n- (ii) to children during sleep and rest periods;","sortOrder":45},{"sectionNumber":"sec.40","sectionType":"section","heading":"Amendment of sleep and rest policies and procedures","content":"### sec.40 Amendment of sleep and rest policies and procedures\n\nThe approved provider of a QEC approved service must, as soon as practicable after conducting a risk assessment under section 37 , amend the sleep and rest policies and procedures to address any risks identified in the assessment.","sortOrder":46},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Physical environment","content":"## Physical environment","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":"Nappy changing equipment and facilities","content":"### sec.41 Nappy changing equipment and facilities\n\nThis section applies to the approved provider of a QEC approved service if the service provides regulated education and care to a child who wears nappies.\nThe approved provider must ensure the following are provided—\nif the child is under 3 years—at least 1 properly constructed nappy changing bench;\nfacilities in the immediate vicinity of the area used for changing nappies to enable adults to wash and clean their hands.\nMaximum penalty—10 penalty units.\nSee also section 52 for other requirements in relation to facilities used for changing nappies.\n(sec.41-ssec.1) This section applies to the approved provider of a QEC approved service if the service provides regulated education and care to a child who wears nappies.\n(sec.41-ssec.2) The approved provider must ensure the following are provided— if the child is under 3 years—at least 1 properly constructed nappy changing bench; facilities in the immediate vicinity of the area used for changing nappies to enable adults to wash and clean their hands. Maximum penalty—10 penalty units.\n- (a) if the child is under 3 years—at least 1 properly constructed nappy changing bench;\n- (b) facilities in the immediate vicinity of the area used for changing nappies to enable adults to wash and clean their hands.","sortOrder":48},{"sectionNumber":"sec.42","sectionType":"section","heading":"QEC service premises, furniture and equipment","content":"### sec.42 QEC service premises, furniture and equipment\n\nThe approved provider of a QEC approved service must ensure the following are safe, clean and in good repair—\nthe QEC service premises;\nall equipment and furniture used in providing regulated education and care.\nMaximum penalty—5 penalty units.\n- (a) the QEC service premises;\n- (b) all equipment and furniture used in providing regulated education and care.","sortOrder":49},{"sectionNumber":"sec.43","sectionType":"section","heading":"Fencing","content":"### sec.43 Fencing\n\nThis section applies in relation to a QEC approved service, other than a school age care service.\nThe approved provider of the QEC approved service must ensure outdoor spaces used by children at the QEC service premises are enclosed by a fence or barrier of a height and design that a child, other than a school child, can not go through, over or under the fence or barrier.\nMaximum penalty—5 penalty units.\n(sec.43-ssec.1) This section applies in relation to a QEC approved service, other than a school age care service.\n(sec.43-ssec.2) The approved provider of the QEC approved service must ensure outdoor spaces used by children at the QEC service premises are enclosed by a fence or barrier of a height and design that a child, other than a school child, can not go through, over or under the fence or barrier. Maximum penalty—5 penalty units.","sortOrder":50},{"sectionNumber":"sec.44","sectionType":"section","heading":"Indoor space—general requirements","content":"### sec.44 Indoor space—general requirements\n\nThe approved provider of a QEC approved service must ensure the QEC service premises have at least 3.25 square metres of unencumbered indoor space, calculated under this section, for each child at the QEC service premises.\nMaximum penalty—5 penalty units.\nIn calculating the area of unencumbered indoor space, the following areas must be excluded—\nany passageway or thoroughfare, including door swings;\nany toilets or other personal hygiene facilities;\nany nappy changing area or area for preparing bottles for use by children;\nany area permanently set aside for the use or storage of cots;\nany area permanently set aside for storage;\nany area or room used for staff or administration purposes;\nany other space that is not suitable for use by children;\nthe area of any kitchen, unless the kitchen is used primarily by children as part of an educational program provided by the QEC approved service.\nThe area of a verandah may be included in calculating the area of unencumbered indoor space of the QEC service premises only if the chief executive has given written approval for the inclusion of the area.\nHowever, if the area of a verandah is included in calculating the area of unencumbered outdoor space of the QEC service premises under section 46 , the area of the verandah may not be included in calculating the area of the unencumbered indoor space of the premises.\n(sec.44-ssec.1) The approved provider of a QEC approved service must ensure the QEC service premises have at least 3.25 square metres of unencumbered indoor space, calculated under this section, for each child at the QEC service premises. Maximum penalty—5 penalty units.\n(sec.44-ssec.2) In calculating the area of unencumbered indoor space, the following areas must be excluded— any passageway or thoroughfare, including door swings; any toilets or other personal hygiene facilities; any nappy changing area or area for preparing bottles for use by children; any area permanently set aside for the use or storage of cots; any area permanently set aside for storage; any area or room used for staff or administration purposes; any other space that is not suitable for use by children; the area of any kitchen, unless the kitchen is used primarily by children as part of an educational program provided by the QEC approved service.\n(sec.44-ssec.3) The area of a verandah may be included in calculating the area of unencumbered indoor space of the QEC service premises only if the chief executive has given written approval for the inclusion of the area.\n(sec.44-ssec.4) However, if the area of a verandah is included in calculating the area of unencumbered outdoor space of the QEC service premises under section 46 , the area of the verandah may not be included in calculating the area of the unencumbered indoor space of the premises.\n- (a) any passageway or thoroughfare, including door swings;\n- (b) any toilets or other personal hygiene facilities;\n- (c) any nappy changing area or area for preparing bottles for use by children;\n- (d) any area permanently set aside for the use or storage of cots;\n- (e) any area permanently set aside for storage;\n- (f) any area or room used for staff or administration purposes;\n- (g) any other space that is not suitable for use by children;\n- (h) the area of any kitchen, unless the kitchen is used primarily by children as part of an educational program provided by the QEC approved service.","sortOrder":51},{"sectionNumber":"sec.45","sectionType":"section","heading":"Indoor space—additional requirements","content":"### sec.45 Indoor space—additional requirements\n\nThe approved provider of a QEC approved service must ensure the indoor space used by children—\nis well ventilated; and\nhas adequate natural light; and\nis maintained at a temperature that ensures the safety and wellbeing of children.\nMaximum penalty—5 penalty units.\n- (a) is well ventilated; and\n- (b) has adequate natural light; and\n- (c) is maintained at a temperature that ensures the safety and wellbeing of children.","sortOrder":52},{"sectionNumber":"sec.46","sectionType":"section","heading":"Outdoor space—general requirements","content":"### sec.46 Outdoor space—general requirements\n\nThe approved provider of a QEC approved service must ensure the QEC service premises have at least 7 square metres of unencumbered outdoor space, calculated under this section, for each child at the QEC service premises.\nMaximum penalty—5 penalty units.\nFor other requirements in relation to outdoor space, see section 49 .\nIn calculating the area of unencumbered outdoor space, the following areas must be excluded—\nany pathway or thoroughfare, unless the pathway or thoroughfare is used by children as part of an educational program provided by the QEC approved service;\nany car park area;\nany storage shed or other storage area;\nany other space that is not suitable for use by children.\nIf the area of a verandah is included in calculating the area of the unencumbered indoor space of the QEC service premises under section 44 , the area of the verandah may not be included in calculating the area of unencumbered outdoor space.\nIf the QEC approved service is a school age care service, an area of indoor space may be included in calculating the area of the unencumbered outdoor space of the QEC service premises if—\nthe indoor space could be, but has not been, included in calculating the area of unencumbered indoor space of the QEC service premises under section 44 ; and\nthe chief executive has given written approval for the inclusion of the area of the indoor space.\n(sec.46-ssec.1) The approved provider of a QEC approved service must ensure the QEC service premises have at least 7 square metres of unencumbered outdoor space, calculated under this section, for each child at the QEC service premises. Maximum penalty—5 penalty units. For other requirements in relation to outdoor space, see section 49 .\n(sec.46-ssec.2) In calculating the area of unencumbered outdoor space, the following areas must be excluded— any pathway or thoroughfare, unless the pathway or thoroughfare is used by children as part of an educational program provided by the QEC approved service; any car park area; any storage shed or other storage area; any other space that is not suitable for use by children.\n(sec.46-ssec.3) If the area of a verandah is included in calculating the area of the unencumbered indoor space of the QEC service premises under section 44 , the area of the verandah may not be included in calculating the area of unencumbered outdoor space.\n(sec.46-ssec.4) If the QEC approved service is a school age care service, an area of indoor space may be included in calculating the area of the unencumbered outdoor space of the QEC service premises if— the indoor space could be, but has not been, included in calculating the area of unencumbered indoor space of the QEC service premises under section 44 ; and the chief executive has given written approval for the inclusion of the area of the indoor space.\n- (a) any pathway or thoroughfare, unless the pathway or thoroughfare is used by children as part of an educational program provided by the QEC approved service;\n- (b) any car park area;\n- (c) any storage shed or other storage area;\n- (d) any other space that is not suitable for use by children.\n- (a) the indoor space could be, but has not been, included in calculating the area of unencumbered indoor space of the QEC service premises under section 44 ; and\n- (b) the chief executive has given written approval for the inclusion of the area of the indoor space.","sortOrder":53},{"sectionNumber":"sec.47","sectionType":"section","heading":"Telephones and other equipment","content":"### sec.47 Telephones and other equipment\n\nThe approved provider of a QEC approved service must ensure that, when providing regulated education and care to children, staff members and volunteers have access to a telephone or other similar equipment to enable immediate communication with the children’s parents and emergency services.\nMaximum penalty—5 penalty units.","sortOrder":54},{"sectionNumber":"sec.48","sectionType":"section","heading":"Access to furniture, materials and equipment","content":"### sec.48 Access to furniture, materials and equipment\n\nThe approved provider of a QEC approved service must ensure a child has access to sufficient furniture, materials and developmentally appropriate equipment suitable for providing regulated education and care to the child.","sortOrder":55},{"sectionNumber":"sec.49","sectionType":"section","heading":"Outdoor space—additional requirements","content":"### sec.49 Outdoor space—additional requirements\n\nThe approved provider of a QEC approved service must ensure the outdoor space provided at the QEC service premises—\nallows children to explore and experience the natural environment; and\nusing natural features such as trees, sand and natural vegetation\nincludes adequate shaded areas to protect children from overexposure to ultraviolet radiation from the sun.\n- (a) allows children to explore and experience the natural environment; and Example— using natural features such as trees, sand and natural vegetation\n- (b) includes adequate shaded areas to protect children from overexposure to ultraviolet radiation from the sun.","sortOrder":56},{"sectionNumber":"sec.50","sectionType":"section","heading":"Administrative space","content":"### sec.50 Administrative space\n\nThe approved provider of a QEC approved service must ensure an adequate area is available at the QEC service premises to enable staff members to—\nperform the administrative functions of the service; and\nconsult with the parents of children; and\nconduct other private conversations.\n- (a) perform the administrative functions of the service; and\n- (b) consult with the parents of children; and\n- (c) conduct other private conversations.","sortOrder":57},{"sectionNumber":"sec.51","sectionType":"section","heading":"Laundry and hygiene facilities","content":"### sec.51 Laundry and hygiene facilities\n\nThe approved provider of a QEC approved service must ensure the service—\nhas laundry facilities at the QEC service premises or access to laundry facilities; or\nhas other arrangements in place for dealing with soiled clothing, nappies and linen, including hygienic facilities for storage before their disposal or laundering.\nThe approved provider must ensure the facilities and arrangements mentioned in subsection (1) are—\nadequate and appropriate for the needs of the QEC approved service; and\nlocated in an area and maintained in a way that does not pose a risk to children.\n(sec.51-ssec.1) The approved provider of a QEC approved service must ensure the service— has laundry facilities at the QEC service premises or access to laundry facilities; or has other arrangements in place for dealing with soiled clothing, nappies and linen, including hygienic facilities for storage before their disposal or laundering.\n(sec.51-ssec.2) The approved provider must ensure the facilities and arrangements mentioned in subsection (1) are— adequate and appropriate for the needs of the QEC approved service; and located in an area and maintained in a way that does not pose a risk to children.\n- (a) has laundry facilities at the QEC service premises or access to laundry facilities; or\n- (b) has other arrangements in place for dealing with soiled clothing, nappies and linen, including hygienic facilities for storage before their disposal or laundering.\n- (a) adequate and appropriate for the needs of the QEC approved service; and\n- (b) located in an area and maintained in a way that does not pose a risk to children.","sortOrder":58},{"sectionNumber":"sec.52","sectionType":"section","heading":"Nappy changing facilities","content":"### sec.52 Nappy changing facilities\n\nThis section applies to the approved provider of a QEC approved service if the service provides regulated education and care to a child who wears nappies.\nThe approved provider must ensure adequate, appropriate and hygienic facilities are provided for nappy changing.\nAlso, the approved provider must ensure nappy changing facilities are designed, located and maintained in a way that prevents unsupervised access by children.\n(sec.52-ssec.1) This section applies to the approved provider of a QEC approved service if the service provides regulated education and care to a child who wears nappies.\n(sec.52-ssec.2) The approved provider must ensure adequate, appropriate and hygienic facilities are provided for nappy changing.\n(sec.52-ssec.3) Also, the approved provider must ensure nappy changing facilities are designed, located and maintained in a way that prevents unsupervised access by children.","sortOrder":59},{"sectionNumber":"sec.53","sectionType":"section","heading":"Design and maintenance of QEC service premises to facilitate supervision etc.","content":"### sec.53 Design and maintenance of QEC service premises to facilitate supervision etc.\n\nThe approved provider of a QEC approved service must ensure the QEC service premises are designed and maintained in a way that—\nfacilitates supervision of children at all times they are at the premises; and\nhas regard to the need to maintain the rights and dignity of children.\n- (a) facilitates supervision of children at all times they are at the premises; and\n- (b) has regard to the need to maintain the rights and dignity of children.","sortOrder":60},{"sectionNumber":"sec.54","sectionType":"section","heading":"Toilet and other hygiene facilities","content":"### sec.54 Toilet and other hygiene facilities\n\nThe approved provider of a QEC approved service must ensure—\nthere are adequate and appropriate toilet, washing and drying facilities for use by children; and\nthe location and design of the toilet, washing and drying facilities enable safe use and convenient access by children.\n- (a) there are adequate and appropriate toilet, washing and drying facilities for use by children; and\n- (b) the location and design of the toilet, washing and drying facilities enable safe use and convenient access by children.","sortOrder":61},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Staffing arrangements","content":"## Staffing arrangements","sortOrder":62},{"sectionNumber":"sec.55","sectionType":"section","heading":"Definitions for division","content":"### sec.55 Definitions for division\n\nIn this division—\nactively working towards a qualification see section 56 .\napproved certificate III level education and care qualification means—\nan approved certificate III level education and care qualification within the meaning of the Education and Care Services National Regulations , regulation 4(1); or\na qualification determined, under the Education and Care Services National Law (Queensland) , section 169 (7) , to be equivalent to a qualification mentioned in paragraph (a) .\napproved diploma level education and care qualification means—\nan approved diploma level education and care qualification within the meaning of the Education and Care Services National Regulations , regulation  4(1); or\na qualification determined, under the Education and Care Services National Law (Queensland) , section 169 (7) , to be equivalent to a qualification mentioned in paragraph (a) .\nmeets the educator to child ratio , for a QEC approved service, see section 57 .\nworking directly with children see section 58 .\n- (a) an approved certificate III level education and care qualification within the meaning of the Education and Care Services National Regulations , regulation 4(1); or\n- (b) a qualification determined, under the Education and Care Services National Law (Queensland) , section 169 (7) , to be equivalent to a qualification mentioned in paragraph (a) .\n- (a) an approved diploma level education and care qualification within the meaning of the Education and Care Services National Regulations , regulation  4(1); or\n- (b) a qualification determined, under the Education and Care Services National Law (Queensland) , section 169 (7) , to be equivalent to a qualification mentioned in paragraph (a) .","sortOrder":63},{"sectionNumber":"sec.56","sectionType":"section","heading":"Meaning of actively working towards a qualification","content":"### sec.56 Meaning of actively working towards a qualification\n\nA person is actively working towards a qualification if—\nthe person is enrolled in the course for the qualification; and\nthe person provides the approved provider of a QEC approved service with documentary evidence from the provider of the course that the person—\nhas started the course; and\nis making satisfactory progress towards completing the course; and\nis meeting the requirements for maintaining the enrolment; and\nfor a qualification that is an approved diploma level education and care qualification, the person—\nholds an approved certificate III level education and care qualification; or\nhas completed the units of study in an approved certificate III level education and care qualification determined by the National Authority; or\nis a registered teacher within the meaning of the Education (Queensland College of Teachers) Act 2005 , schedule 3 .\n- (a) the person is enrolled in the course for the qualification; and\n- (b) the person provides the approved provider of a QEC approved service with documentary evidence from the provider of the course that the person— (i) has started the course; and (ii) is making satisfactory progress towards completing the course; and (iii) is meeting the requirements for maintaining the enrolment; and\n- (i) has started the course; and\n- (ii) is making satisfactory progress towards completing the course; and\n- (iii) is meeting the requirements for maintaining the enrolment; and\n- (c) for a qualification that is an approved diploma level education and care qualification, the person— (i) holds an approved certificate III level education and care qualification; or (ii) has completed the units of study in an approved certificate III level education and care qualification determined by the National Authority; or (iii) is a registered teacher within the meaning of the Education (Queensland College of Teachers) Act 2005 , schedule 3 .\n- (i) holds an approved certificate III level education and care qualification; or\n- (ii) has completed the units of study in an approved certificate III level education and care qualification determined by the National Authority; or\n- (iii) is a registered teacher within the meaning of the Education (Queensland College of Teachers) Act 2005 , schedule 3 .\n- (i) has started the course; and\n- (ii) is making satisfactory progress towards completing the course; and\n- (iii) is meeting the requirements for maintaining the enrolment; and\n- (i) holds an approved certificate III level education and care qualification; or\n- (ii) has completed the units of study in an approved certificate III level education and care qualification determined by the National Authority; or\n- (iii) is a registered teacher within the meaning of the Education (Queensland College of Teachers) Act 2005 , schedule 3 .","sortOrder":64},{"sectionNumber":"sec.57","sectionType":"section","heading":"Meaning of meets the educator to child ratio","content":"### sec.57 Meaning of meets the educator to child ratio\n\nA QEC approved service meets the educator to child ratio , for the service, if the service has at least the number of educators required for the service under section 62 or 63 .","sortOrder":65},{"sectionNumber":"sec.58","sectionType":"section","heading":"Meaning of working directly with children","content":"### sec.58 Meaning of working directly with children\n\nAn educator is working directly with children at a given time if the educator—\nis physically present with the children; and\nis directly engaged in providing regulated education and care to the children.\n- (a) is physically present with the children; and\n- (b) is directly engaged in providing regulated education and care to the children.","sortOrder":66},{"sectionNumber":"sec.59","sectionType":"section","heading":"Purpose of subdivision","content":"### sec.59 Purpose of subdivision\n\nFor section 110 of the Act , this subdivision prescribes standard requirements about the presence of staff members, and adult supervision of children, at QEC service premises.","sortOrder":67},{"sectionNumber":"sec.60","sectionType":"section","heading":"Qualifications for educators at QEC approved services other than school age care services","content":"### sec.60 Qualifications for educators at QEC approved services other than school age care services\n\nThis section applies in relation to a QEC approved service, other than a school age care service, when providing regulated education and care to children.\nAt least 50% of the educators required to meet the educator to child ratio for the QEC approved service must hold, or be actively working towards, an approved diploma level education and care qualification.\nAll of the other educators required to meet the educator to child ratio for the QEC approved service must hold, or be actively working towards, a qualification that is at least an approved certificate III level education and care qualification.\n(sec.60-ssec.1) This section applies in relation to a QEC approved service, other than a school age care service, when providing regulated education and care to children.\n(sec.60-ssec.2) At least 50% of the educators required to meet the educator to child ratio for the QEC approved service must hold, or be actively working towards, an approved diploma level education and care qualification.\n(sec.60-ssec.3) All of the other educators required to meet the educator to child ratio for the QEC approved service must hold, or be actively working towards, a qualification that is at least an approved certificate III level education and care qualification.","sortOrder":68},{"sectionNumber":"sec.61","sectionType":"section","heading":"Qualifications for educators at QEC approved services that are school age care services","content":"### sec.61 Qualifications for educators at QEC approved services that are school age care services\n\nThis section applies in relation to a QEC approved service that is a school age care service when providing regulated education and care to children.\nAt least 1 of the educators required to meet the educator to child ratio for the QEC approved service must—\nhold at least a 2 year relevant qualification; or\nbe actively working towards at least a 2 year relevant qualification.\nAlso, at least 1 staff member for each 30 children being provided regulated education and care must—\nhold at least a 1 year relevant qualification; or\nbe actively working towards at least a 1 year relevant qualification.\nIf the QEC approved service provides regulated education and care to not more than 30 children, a single educator may satisfy the requirements under subsections (2) and (3) .\nIn this section—\nrelevant qualification see the Education and Care Services National Regulations , regulation 299(7).\nThe National Authority publishes on its website a list of the qualifications approved for the purposes of the Education and Care Services National Regulations .\n(sec.61-ssec.1) This section applies in relation to a QEC approved service that is a school age care service when providing regulated education and care to children.\n(sec.61-ssec.2) At least 1 of the educators required to meet the educator to child ratio for the QEC approved service must— hold at least a 2 year relevant qualification; or be actively working towards at least a 2 year relevant qualification.\n(sec.61-ssec.3) Also, at least 1 staff member for each 30 children being provided regulated education and care must— hold at least a 1 year relevant qualification; or be actively working towards at least a 1 year relevant qualification.\n(sec.61-ssec.4) If the QEC approved service provides regulated education and care to not more than 30 children, a single educator may satisfy the requirements under subsections (2) and (3) .\n(sec.61-ssec.5) In this section— relevant qualification see the Education and Care Services National Regulations , regulation 299(7). The National Authority publishes on its website a list of the qualifications approved for the purposes of the Education and Care Services National Regulations .\n- (a) hold at least a 2 year relevant qualification; or\n- (b) be actively working towards at least a 2 year relevant qualification.\n- (a) hold at least a 1 year relevant qualification; or\n- (b) be actively working towards at least a 1 year relevant qualification.","sortOrder":69},{"sectionNumber":"sec.62","sectionType":"section","heading":"Educator to child ratios generally","content":"### sec.62 Educator to child ratios generally\n\nThe approved provider of a QEC approved service must ensure that, for each age range of children stated in schedule 1 , column 1 for which the service provides regulated education and care, the service has at least the number of educators calculated in accordance with the ratio stated in column 2 of the schedule opposite the age range.\nHowever, subsection (1) does not apply to the approved provider of a QEC approved service if—\nsection 63 applies to the approved provider; and\nthe number of educators for the service calculated under section 63 is less than the number of educators calculated under subsection (1) .\n(sec.62-ssec.1) The approved provider of a QEC approved service must ensure that, for each age range of children stated in schedule 1 , column 1 for which the service provides regulated education and care, the service has at least the number of educators calculated in accordance with the ratio stated in column 2 of the schedule opposite the age range.\n(sec.62-ssec.2) However, subsection (1) does not apply to the approved provider of a QEC approved service if— section 63 applies to the approved provider; and the number of educators for the service calculated under section 63 is less than the number of educators calculated under subsection (1) .\n- (a) section 63 applies to the approved provider; and\n- (b) the number of educators for the service calculated under section 63 is less than the number of educators calculated under subsection (1) .","sortOrder":70},{"sectionNumber":"sec.63","sectionType":"section","heading":"Educator to child ratio for particular groups of children","content":"### sec.63 Educator to child ratio for particular groups of children\n\nThis section applies to the approved provider of a QEC approved service if—\nthe service provides regulated education and care to children in a group of not more than 21 children; and\nthere are not more than 4 children aged 1 year or less in the group; and\nthere are not more than 2 children aged 1 year or less for each educator at the service; and\nfor a service that has a service capacity of more than 30 children—the service provides regulated education and care to not more than 10 children aged 2 years or less.\nThe approved provider must ensure the QEC approved service has at least 1 educator for every 7 children in the group.\n(sec.63-ssec.1) This section applies to the approved provider of a QEC approved service if— the service provides regulated education and care to children in a group of not more than 21 children; and there are not more than 4 children aged 1 year or less in the group; and there are not more than 2 children aged 1 year or less for each educator at the service; and for a service that has a service capacity of more than 30 children—the service provides regulated education and care to not more than 10 children aged 2 years or less.\n(sec.63-ssec.2) The approved provider must ensure the QEC approved service has at least 1 educator for every 7 children in the group.\n- (a) the service provides regulated education and care to children in a group of not more than 21 children; and\n- (b) there are not more than 4 children aged 1 year or less in the group; and\n- (c) there are not more than 2 children aged 1 year or less for each educator at the service; and\n- (d) for a service that has a service capacity of more than 30 children—the service provides regulated education and care to not more than 10 children aged 2 years or less.","sortOrder":71},{"sectionNumber":"sec.64","sectionType":"section","heading":"Particular educators not counted for purpose of meeting educator to child ratio","content":"### sec.64 Particular educators not counted for purpose of meeting educator to child ratio\n\nAn educator at a QEC approved service does not count towards the number of educators required to meet the educator to child ratio for the service unless the educator is working directly with children.","sortOrder":72},{"sectionNumber":"sec.65","sectionType":"section","heading":"Rest pauses and temporary absences","content":"### sec.65 Rest pauses and temporary absences\n\nThis section applies to an educator who is working directly with children at a QEC approved service.\nIf the educator takes a rest pause, the educator is taken to be continuing to work directly with children while on the rest pause if—\nthe rest pause is not more than 10 minutes; and\nthe educator has not already been on 2 or more rest pauses during the day; and\nthere is an educator present at the QEC approved service who—\nis not working directly with children; but\nis able to attend to the children immediately if required; and\nno other educators required to meet the educator to child ratio for the QEC approved service are absent on a rest pause.\nFor subsection (2) , the educator mentioned in subsection (2) (c) may be the educator who is on the rest pause.\nAlso, if the educator is temporarily absent, other than on a rest pause, the educator is taken to be continuing to work directly with children during the absence if—\nthe absence is not more than 5 minutes; and\nno other educators required to meet the educator to child ratio for the QEC approved service are absent at the same time.\nIn this section—\nrest pause means a break from the duties of an educator’s employment under an entitlement in the employment conditions.\n(sec.65-ssec.1) This section applies to an educator who is working directly with children at a QEC approved service.\n(sec.65-ssec.2) If the educator takes a rest pause, the educator is taken to be continuing to work directly with children while on the rest pause if— the rest pause is not more than 10 minutes; and the educator has not already been on 2 or more rest pauses during the day; and there is an educator present at the QEC approved service who— is not working directly with children; but is able to attend to the children immediately if required; and no other educators required to meet the educator to child ratio for the QEC approved service are absent on a rest pause.\n(sec.65-ssec.3) For subsection (2) , the educator mentioned in subsection (2) (c) may be the educator who is on the rest pause.\n(sec.65-ssec.4) Also, if the educator is temporarily absent, other than on a rest pause, the educator is taken to be continuing to work directly with children during the absence if— the absence is not more than 5 minutes; and no other educators required to meet the educator to child ratio for the QEC approved service are absent at the same time.\n(sec.65-ssec.5) In this section— rest pause means a break from the duties of an educator’s employment under an entitlement in the employment conditions.\n- (a) the rest pause is not more than 10 minutes; and\n- (b) the educator has not already been on 2 or more rest pauses during the day; and\n- (c) there is an educator present at the QEC approved service who— (i) is not working directly with children; but (ii) is able to attend to the children immediately if required; and\n- (i) is not working directly with children; but\n- (ii) is able to attend to the children immediately if required; and\n- (d) no other educators required to meet the educator to child ratio for the QEC approved service are absent on a rest pause.\n- (i) is not working directly with children; but\n- (ii) is able to attend to the children immediately if required; and\n- (a) the absence is not more than 5 minutes; and\n- (b) no other educators required to meet the educator to child ratio for the QEC approved service are absent at the same time.","sortOrder":73},{"sectionNumber":"sec.66","sectionType":"section","heading":"Times supervisor must be present— Act , s 113","content":"### sec.66 Times supervisor must be present— Act , s 113\n\nFor section 113 (4) (a) of the Act , the following times are prescribed—\nif the normal operating hours of a QEC approved service for a day are 10 hours or less—\nfor at least 75% of the service’s normal operating hours for the day; and\nas far as possible, for most of the service’s peak period for the day;\nif the normal operating hours of a QEC approved service for a day are more than 10 hours—\nfor at least 7.5 hours for the day; and\nas far as possible, for most of the service’s peak period for the day.\nIn this section—\npeak period , in relation to the normal operating hours of a QEC approved service, means the part of the day for which, ordinarily, the number of children at the service is at its highest level.\n(sec.66-ssec.1) For section 113 (4) (a) of the Act , the following times are prescribed— if the normal operating hours of a QEC approved service for a day are 10 hours or less— for at least 75% of the service’s normal operating hours for the day; and as far as possible, for most of the service’s peak period for the day; if the normal operating hours of a QEC approved service for a day are more than 10 hours— for at least 7.5 hours for the day; and as far as possible, for most of the service’s peak period for the day.\n(sec.66-ssec.2) In this section— peak period , in relation to the normal operating hours of a QEC approved service, means the part of the day for which, ordinarily, the number of children at the service is at its highest level.\n- (a) if the normal operating hours of a QEC approved service for a day are 10 hours or less— (i) for at least 75% of the service’s normal operating hours for the day; and (ii) as far as possible, for most of the service’s peak period for the day;\n- (i) for at least 75% of the service’s normal operating hours for the day; and\n- (ii) as far as possible, for most of the service’s peak period for the day;\n- (b) if the normal operating hours of a QEC approved service for a day are more than 10 hours— (i) for at least 7.5 hours for the day; and (ii) as far as possible, for most of the service’s peak period for the day.\n- (i) for at least 7.5 hours for the day; and\n- (ii) as far as possible, for most of the service’s peak period for the day.\n- (i) for at least 75% of the service’s normal operating hours for the day; and\n- (ii) as far as possible, for most of the service’s peak period for the day;\n- (i) for at least 7.5 hours for the day; and\n- (ii) as far as possible, for most of the service’s peak period for the day.","sortOrder":74},{"sectionNumber":"sec.67","sectionType":"section","heading":"Qualification required when supervisor not present— Act , s 113","content":"### sec.67 Qualification required when supervisor not present— Act , s 113\n\nFor section 113 (4) (b) of the Act , the qualification prescribed is that the adult holds, or is actively working towards, an approved diploma level education and care qualification.","sortOrder":75},{"sectionNumber":"sec.68","sectionType":"section","heading":"When unqualified person may fulfil requirement for qualified person— Act , s 117","content":"### sec.68 When unqualified person may fulfil requirement for qualified person— Act , s 117\n\nThis section prescribes—\nfor section 117 (1) of the Act , the circumstances in which a reference in the Act to a person with a qualification includes a person who does not have the qualification (an unqualified person ); and\nfor section 117 (3) of the Act , definition prescribed time , the time that is the maximum time of engagement for an unqualified person mentioned in section 117 (1) (a) of the Act .\nFor a reference in the Act to a person holding an approved diploma level education and care qualification—\nthe circumstance prescribed for section 117 (1) of the Act is that the unqualified person is appointed as a supervisor for a school age care service; and\nfor section 117 (3) of the Act , definition prescribed time , the time prescribed is 6 months.\nFor a reference in the Act to a person holding an approved certificate III level education and care qualification—\nthe circumstance prescribed for section 117 (1) of the Act is that both of the following apply—\nthe position in which the unqualified person is engaged is a position in a QEC approved service that has approval to provide regulated education and care to not more than 30 children at one time;\nwhen the unqualified person is performing the functions of the position, an educator holding an approved diploma level education and care qualification and another educator holding an approved certificate III level education and care qualification are also present; and\nfor section 117 (3) of the Act , definition prescribed time , the time prescribed is 3 months.\n(sec.68-ssec.1) This section prescribes— for section 117 (1) of the Act , the circumstances in which a reference in the Act to a person with a qualification includes a person who does not have the qualification (an unqualified person ); and for section 117 (3) of the Act , definition prescribed time , the time that is the maximum time of engagement for an unqualified person mentioned in section 117 (1) (a) of the Act .\n(sec.68-ssec.2) For a reference in the Act to a person holding an approved diploma level education and care qualification— the circumstance prescribed for section 117 (1) of the Act is that the unqualified person is appointed as a supervisor for a school age care service; and for section 117 (3) of the Act , definition prescribed time , the time prescribed is 6 months.\n(sec.68-ssec.3) For a reference in the Act to a person holding an approved certificate III level education and care qualification— the circumstance prescribed for section 117 (1) of the Act is that both of the following apply— the position in which the unqualified person is engaged is a position in a QEC approved service that has approval to provide regulated education and care to not more than 30 children at one time; when the unqualified person is performing the functions of the position, an educator holding an approved diploma level education and care qualification and another educator holding an approved certificate III level education and care qualification are also present; and for section 117 (3) of the Act , definition prescribed time , the time prescribed is 3 months.\n- (a) for section 117 (1) of the Act , the circumstances in which a reference in the Act to a person with a qualification includes a person who does not have the qualification (an unqualified person ); and\n- (b) for section 117 (3) of the Act , definition prescribed time , the time that is the maximum time of engagement for an unqualified person mentioned in section 117 (1) (a) of the Act .\n- (a) the circumstance prescribed for section 117 (1) of the Act is that the unqualified person is appointed as a supervisor for a school age care service; and\n- (b) for section 117 (3) of the Act , definition prescribed time , the time prescribed is 6 months.\n- (a) the circumstance prescribed for section 117 (1) of the Act is that both of the following apply— (i) the position in which the unqualified person is engaged is a position in a QEC approved service that has approval to provide regulated education and care to not more than 30 children at one time; (ii) when the unqualified person is performing the functions of the position, an educator holding an approved diploma level education and care qualification and another educator holding an approved certificate III level education and care qualification are also present; and\n- (i) the position in which the unqualified person is engaged is a position in a QEC approved service that has approval to provide regulated education and care to not more than 30 children at one time;\n- (ii) when the unqualified person is performing the functions of the position, an educator holding an approved diploma level education and care qualification and another educator holding an approved certificate III level education and care qualification are also present; and\n- (b) for section 117 (3) of the Act , definition prescribed time , the time prescribed is 3 months.\n- (i) the position in which the unqualified person is engaged is a position in a QEC approved service that has approval to provide regulated education and care to not more than 30 children at one time;\n- (ii) when the unqualified person is performing the functions of the position, an educator holding an approved diploma level education and care qualification and another educator holding an approved certificate III level education and care qualification are also present; and","sortOrder":76},{"sectionNumber":"sec.69","sectionType":"section","heading":"Supervisor— Act , sch 1","content":"### sec.69 Supervisor— Act , sch 1\n\nFor schedule 1 of the Act , definition supervisor , paragraph (c) —\nthe qualification prescribed is an approved diploma level education and care qualification; and\nthe way prescribed is actively working towards the qualification within the meaning given by section 56 .\n- (a) the qualification prescribed is an approved diploma level education and care qualification; and\n- (b) the way prescribed is actively working towards the qualification within the meaning given by section 56 .","sortOrder":77},{"sectionNumber":"sec.70","sectionType":"section","heading":"First aid qualifications","content":"### sec.70 First aid qualifications\n\nThis section applies to the approved provider of a QEC approved service at all times children are being provided regulated education and care by the service.\nThe approved provider must ensure the following persons are present and immediately available in an emergency—\nat least 1 educator who holds a current approved first aid qualification;\nat least 1 educator who has undertaken approved anaphylaxis management training within the previous 3 years;\nat least 1 educator who has undertaken approved emergency asthma management training within the previous 3 years.\nMaximum penalty—20 penalty units.\nFor subsection (2) (a) , an approved first aid qualification is taken to be current if—\nfor emergency life support training and cardiopulmonary resuscitation training that forms part of the approved first aid qualification—the training was completed within the previous year; and\nfor any other training that forms part of the approved first aid qualification—the training was completed within the previous 3 years.\nIn this section—\napproved anaphylaxis management training see the Education and Care Services National Regulations , regulation  136(5).\napproved emergency asthma management training see the Education and Care Services National Regulations , regulation  136(5).\napproved first aid qualification see the Education and Care Services National Regulations , regulation 136(5).\n(sec.70-ssec.1) This section applies to the approved provider of a QEC approved service at all times children are being provided regulated education and care by the service.\n(sec.70-ssec.2) The approved provider must ensure the following persons are present and immediately available in an emergency— at least 1 educator who holds a current approved first aid qualification; at least 1 educator who has undertaken approved anaphylaxis management training within the previous 3 years; at least 1 educator who has undertaken approved emergency asthma management training within the previous 3 years. Maximum penalty—20 penalty units.\n(sec.70-ssec.3) For subsection (2) (a) , an approved first aid qualification is taken to be current if— for emergency life support training and cardiopulmonary resuscitation training that forms part of the approved first aid qualification—the training was completed within the previous year; and for any other training that forms part of the approved first aid qualification—the training was completed within the previous 3 years.\n(sec.70-ssec.4) In this section— approved anaphylaxis management training see the Education and Care Services National Regulations , regulation  136(5). approved emergency asthma management training see the Education and Care Services National Regulations , regulation  136(5). approved first aid qualification see the Education and Care Services National Regulations , regulation 136(5).\n- (a) at least 1 educator who holds a current approved first aid qualification;\n- (b) at least 1 educator who has undertaken approved anaphylaxis management training within the previous 3 years;\n- (c) at least 1 educator who has undertaken approved emergency asthma management training within the previous 3 years.\n- (a) for emergency life support training and cardiopulmonary resuscitation training that forms part of the approved first aid qualification—the training was completed within the previous year; and\n- (b) for any other training that forms part of the approved first aid qualification—the training was completed within the previous 3 years.","sortOrder":78},{"sectionNumber":"sec.71","sectionType":"section","heading":"Educators under 18 to be supervised","content":"### sec.71 Educators under 18 to be supervised\n\nThis section applies to the approved provider of a QEC approved service if any educator of the service is under 18 years.\nThe approved provider must ensure the educator—\ndoes not perform their duties at the service alone; and\nis adequately supervised at all times by an educator who is an adult.\nMaximum penalty—5 penalty units.\n(sec.71-ssec.1) This section applies to the approved provider of a QEC approved service if any educator of the service is under 18 years.\n(sec.71-ssec.2) The approved provider must ensure the educator— does not perform their duties at the service alone; and is adequately supervised at all times by an educator who is an adult. Maximum penalty—5 penalty units.\n- (a) does not perform their duties at the service alone; and\n- (b) is adequately supervised at all times by an educator who is an adult.","sortOrder":79},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Excursions","content":"## Excursions","sortOrder":80},{"sectionNumber":"sec.72","sectionType":"section","heading":"Definitions for division","content":"### sec.72 Definitions for division\n\nIn this division—\nexcursion , in relation to a QEC approved service, means an outing organised by the service to and from a destination outside the QEC service premises.\nexcursion authorisation , in relation to a child, see section 73 .\nregular outing , in relation to a QEC approved service, means an outing—\nthat is a walk, drive or trip to and from a destination the service visits regularly as part of an educational program; and\nfor which the matters relevant to a risk assessment under section 75 are substantially the same for each outing.\n- (a) that is a walk, drive or trip to and from a destination the service visits regularly as part of an educational program; and\n- (b) for which the matters relevant to a risk assessment under section 75 are substantially the same for each outing.","sortOrder":81},{"sectionNumber":"sec.73","sectionType":"section","heading":"Meaning of excursion authorisation","content":"### sec.73 Meaning of excursion authorisation\n\nAn excursion authorisation , in relation to a child, is a written document that—\nstates the name of the child; and\nis given by—\na parent of the child; or\na person who is recorded in the child’s enrolment record as being authorised, by a parent of the child, to authorise the taking of the child on an excursion by an educator of the QEC approved service; and\nauthorises an educator of the QEC approved service to take the child on an excursion; and\nincludes the information stated in subsection (2) about the excursion, as completed by the approved provider of the QEC approved service.\nFor subsection (1) (d) , the information about the excursion is as follows—\nthe reason the child is to be taken on the excursion;\nfor an excursion other than a regular outing—the day the child is to be taken on the excursion;\na description of the proposed destination for the excursion;\nthe transportation to be used for the excursion;\nthe activities proposed to be undertaken by the child during the excursion;\nthe period of time the child will be away from the QEC service premises;\nthe anticipated number of children likely to be participating in the excursion;\nthe anticipated ratio of educators to the anticipated number of children on the excursion;\nthe anticipated number of staff members and any other adults who will accompany and supervise the children on the excursion;\nthat a risk assessment for the excursion has been conducted as required under section 75 and is available for inspection at the QEC service premises.\n(sec.73-ssec.1) An excursion authorisation , in relation to a child, is a written document that— states the name of the child; and is given by— a parent of the child; or a person who is recorded in the child’s enrolment record as being authorised, by a parent of the child, to authorise the taking of the child on an excursion by an educator of the QEC approved service; and authorises an educator of the QEC approved service to take the child on an excursion; and includes the information stated in subsection (2) about the excursion, as completed by the approved provider of the QEC approved service.\n(sec.73-ssec.2) For subsection (1) (d) , the information about the excursion is as follows— the reason the child is to be taken on the excursion; for an excursion other than a regular outing—the day the child is to be taken on the excursion; a description of the proposed destination for the excursion; the transportation to be used for the excursion; the activities proposed to be undertaken by the child during the excursion; the period of time the child will be away from the QEC service premises; the anticipated number of children likely to be participating in the excursion; the anticipated ratio of educators to the anticipated number of children on the excursion; the anticipated number of staff members and any other adults who will accompany and supervise the children on the excursion; that a risk assessment for the excursion has been conducted as required under section 75 and is available for inspection at the QEC service premises.\n- (a) states the name of the child; and\n- (b) is given by— (i) a parent of the child; or (ii) a person who is recorded in the child’s enrolment record as being authorised, by a parent of the child, to authorise the taking of the child on an excursion by an educator of the QEC approved service; and\n- (i) a parent of the child; or\n- (ii) a person who is recorded in the child’s enrolment record as being authorised, by a parent of the child, to authorise the taking of the child on an excursion by an educator of the QEC approved service; and\n- (c) authorises an educator of the QEC approved service to take the child on an excursion; and\n- (d) includes the information stated in subsection (2) about the excursion, as completed by the approved provider of the QEC approved service.\n- (i) a parent of the child; or\n- (ii) a person who is recorded in the child’s enrolment record as being authorised, by a parent of the child, to authorise the taking of the child on an excursion by an educator of the QEC approved service; and\n- (a) the reason the child is to be taken on the excursion;\n- (b) for an excursion other than a regular outing—the day the child is to be taken on the excursion;\n- (c) a description of the proposed destination for the excursion;\n- (d) the transportation to be used for the excursion;\n- (e) the activities proposed to be undertaken by the child during the excursion;\n- (f) the period of time the child will be away from the QEC service premises;\n- (g) the anticipated number of children likely to be participating in the excursion;\n- (h) the anticipated ratio of educators to the anticipated number of children on the excursion;\n- (i) the anticipated number of staff members and any other adults who will accompany and supervise the children on the excursion;\n- (j) that a risk assessment for the excursion has been conducted as required under section 75 and is available for inspection at the QEC service premises.","sortOrder":82},{"sectionNumber":"sec.74","sectionType":"section","heading":"Requirement for excursion authorisation","content":"### sec.74 Requirement for excursion authorisation\n\nThe approved provider of a QEC approved service must ensure a child is not taken on an excursion by an educator unless the approved provider has been given an excursion authorisation in relation to the child.\nMaximum penalty—10 penalty units.\nAn excursion authorisation given for an excursion that is a regular outing has effect as an excursion authorisation for regular outings of the same type for a period of 12 months after the day the authorisation is given.\n(sec.74-ssec.1) The approved provider of a QEC approved service must ensure a child is not taken on an excursion by an educator unless the approved provider has been given an excursion authorisation in relation to the child. Maximum penalty—10 penalty units.\n(sec.74-ssec.2) An excursion authorisation given for an excursion that is a regular outing has effect as an excursion authorisation for regular outings of the same type for a period of 12 months after the day the authorisation is given.","sortOrder":83},{"sectionNumber":"sec.75","sectionType":"section","heading":"Risk assessments to be conducted before seeking excursion authorisation","content":"### sec.75 Risk assessments to be conducted before seeking excursion authorisation\n\nThe approved provider of a QEC approved service must ensure a risk assessment of an excursion is conducted under this section before a person is asked to give the approved provider an excursion authorisation in relation to a child.\nMaximum penalty—10 penalty units.\nHowever, subsection (1) does not apply in relation to an excursion if—\nthe excursion is a regular outing; and\na risk assessment has previously been conducted under this section in relation to the regular outing.\nA risk assessment of an excursion must—\nidentify and assess any risks the excursion may pose to the safety, health or wellbeing of any child being taken on the excursion; and\nstate how the identified risks will be managed and minimised; and\nwithout limiting paragraph (a) or (b) , consider the matters stated in subsection (4) .\nFor subsection (3) (c) , the matters are as follows—\nthe proposed route and destination for the excursion;\nthe activities proposed to be undertaken during the excursion;\npotential water hazards;\ncreeks, swimming pools, water features\nrisks associated with water-based activities;\ntransport to and from the proposed destination for the excursion;\nthe number of adults and children participating in the excursion;\nhaving regard to any identified risks posed by the excursion—\nthe appropriate number of educators or other responsible adults required to provide supervision for the excursion; and\nwhether any adults with specialised skills are required for the excursion;\nlife-saving skills\nthe proposed duration of the excursion;\nitems to be taken on the excursion.\na mobile phone, a list of emergency contact numbers, a device used to administer a life-saving dose of adrenaline (epinephrine) in the event of a severe allergic reaction\n(sec.75-ssec.1) The approved provider of a QEC approved service must ensure a risk assessment of an excursion is conducted under this section before a person is asked to give the approved provider an excursion authorisation in relation to a child. Maximum penalty—10 penalty units.\n(sec.75-ssec.2) However, subsection (1) does not apply in relation to an excursion if— the excursion is a regular outing; and a risk assessment has previously been conducted under this section in relation to the regular outing.\n(sec.75-ssec.3) A risk assessment of an excursion must— identify and assess any risks the excursion may pose to the safety, health or wellbeing of any child being taken on the excursion; and state how the identified risks will be managed and minimised; and without limiting paragraph (a) or (b) , consider the matters stated in subsection (4) .\n(sec.75-ssec.4) For subsection (3) (c) , the matters are as follows— the proposed route and destination for the excursion; the activities proposed to be undertaken during the excursion; potential water hazards; creeks, swimming pools, water features risks associated with water-based activities; transport to and from the proposed destination for the excursion; the number of adults and children participating in the excursion; having regard to any identified risks posed by the excursion— the appropriate number of educators or other responsible adults required to provide supervision for the excursion; and whether any adults with specialised skills are required for the excursion; life-saving skills the proposed duration of the excursion; items to be taken on the excursion. a mobile phone, a list of emergency contact numbers, a device used to administer a life-saving dose of adrenaline (epinephrine) in the event of a severe allergic reaction\n- (a) the excursion is a regular outing; and\n- (b) a risk assessment has previously been conducted under this section in relation to the regular outing.\n- (a) identify and assess any risks the excursion may pose to the safety, health or wellbeing of any child being taken on the excursion; and\n- (b) state how the identified risks will be managed and minimised; and\n- (c) without limiting paragraph (a) or (b) , consider the matters stated in subsection (4) .\n- (a) the proposed route and destination for the excursion;\n- (b) the activities proposed to be undertaken during the excursion;\n- (c) potential water hazards; Examples— creeks, swimming pools, water features\n- (d) risks associated with water-based activities;\n- (e) transport to and from the proposed destination for the excursion;\n- (f) the number of adults and children participating in the excursion;\n- (g) having regard to any identified risks posed by the excursion— (i) the appropriate number of educators or other responsible adults required to provide supervision for the excursion; and (ii) whether any adults with specialised skills are required for the excursion; Example of specialised skills— life-saving skills\n- (i) the appropriate number of educators or other responsible adults required to provide supervision for the excursion; and\n- (ii) whether any adults with specialised skills are required for the excursion; Example of specialised skills— life-saving skills\n- (h) the proposed duration of the excursion;\n- (i) items to be taken on the excursion. Examples of items— a mobile phone, a list of emergency contact numbers, a device used to administer a life-saving dose of adrenaline (epinephrine) in the event of a severe allergic reaction\n- (i) the appropriate number of educators or other responsible adults required to provide supervision for the excursion; and\n- (ii) whether any adults with specialised skills are required for the excursion; Example of specialised skills— life-saving skills","sortOrder":84},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Transporting children other than for excursions","content":"## Transporting children other than for excursions","sortOrder":85},{"sectionNumber":"sec.76","sectionType":"section","heading":"Application of division","content":"### sec.76 Application of division\n\nThis division applies in relation to a QEC approved service if the service provides, or arranges, for the transportation of a child as part of the provision of regulated education and care to the child.\nHowever, this division does not apply in relation to the transportation of a child if the transportation—\nis part of an excursion under division 6 ; or\nis for a purpose mentioned in section 25 (2) (e) (i) or (ii) .\n(sec.76-ssec.1) This division applies in relation to a QEC approved service if the service provides, or arranges, for the transportation of a child as part of the provision of regulated education and care to the child.\n(sec.76-ssec.2) However, this division does not apply in relation to the transportation of a child if the transportation— is part of an excursion under division 6 ; or is for a purpose mentioned in section 25 (2) (e) (i) or (ii) .\n- (a) is part of an excursion under division 6 ; or\n- (b) is for a purpose mentioned in section 25 (2) (e) (i) or (ii) .","sortOrder":86},{"sectionNumber":"sec.77","sectionType":"section","heading":"Definitions for division","content":"### sec.77 Definitions for division\n\nIn this division—\nregular transportation , in relation to a QEC approved service, means the transportation of a child, other than for an excursion under division 6 —\nby, or arranged by, the service; and\nfor which the matters relevant to a transport risk assessment are substantially the same for each occasion the child is transported.\ntransport authorisation , in relation to a child, see section 78 .\ntransport risk assessment means a risk assessment of transportation conducted under section 80 .\n- (a) by, or arranged by, the service; and\n- (b) for which the matters relevant to a transport risk assessment are substantially the same for each occasion the child is transported.","sortOrder":87},{"sectionNumber":"sec.78","sectionType":"section","heading":"Meaning of transport authorisation","content":"### sec.78 Meaning of transport authorisation\n\nA transport authorisation , in relation to a child, is a written document that—\nstates the name of the child; and\nis given by—\na parent of the child; or\na person authorised, by a parent of the child, to authorise a QEC approved service to provide, or arrange for, transportation of the child; and\nauthorises the approved provider of a QEC approved service to provide, or arrange for, transportation of the child; and\nincludes the information stated in subsection (2) about the transportation, as completed by the approved provider of the QEC approved service.\nFor subsection (1) (d) , the information about the transportation is as follows—\nthe reason the child is being transported;\nif the authorisation is for regular transportation—the times at which the child is to be transported;\nif the authorisation is for transportation other than regular transportation—the day the child is to be transported;\na description of the pick-up point and destination;\nthe vehicle to be used to transport the child;\nthe estimated duration of the journey;\nthe estimated number of children likely to be transported;\nthe estimated number of staff members and any other adults who will accompany and supervise the children during the journey;\nthe requirements for seatbelts or safety restraints under a law of this State or another State in which the children are to be transported;\nthat a transport risk assessment has been conducted and is available for inspection at the QEC service premises;\nthat written policies and procedures for transporting children are available for inspection at the QEC service premises.\n(sec.78-ssec.1) A transport authorisation , in relation to a child, is a written document that— states the name of the child; and is given by— a parent of the child; or a person authorised, by a parent of the child, to authorise a QEC approved service to provide, or arrange for, transportation of the child; and authorises the approved provider of a QEC approved service to provide, or arrange for, transportation of the child; and includes the information stated in subsection (2) about the transportation, as completed by the approved provider of the QEC approved service.\n(sec.78-ssec.2) For subsection (1) (d) , the information about the transportation is as follows— the reason the child is being transported; if the authorisation is for regular transportation—the times at which the child is to be transported; if the authorisation is for transportation other than regular transportation—the day the child is to be transported; a description of the pick-up point and destination; the vehicle to be used to transport the child; the estimated duration of the journey; the estimated number of children likely to be transported; the estimated number of staff members and any other adults who will accompany and supervise the children during the journey; the requirements for seatbelts or safety restraints under a law of this State or another State in which the children are to be transported; that a transport risk assessment has been conducted and is available for inspection at the QEC service premises; that written policies and procedures for transporting children are available for inspection at the QEC service premises.\n- (a) states the name of the child; and\n- (b) is given by— (i) a parent of the child; or (ii) a person authorised, by a parent of the child, to authorise a QEC approved service to provide, or arrange for, transportation of the child; and\n- (i) a parent of the child; or\n- (ii) a person authorised, by a parent of the child, to authorise a QEC approved service to provide, or arrange for, transportation of the child; and\n- (c) authorises the approved provider of a QEC approved service to provide, or arrange for, transportation of the child; and\n- (d) includes the information stated in subsection (2) about the transportation, as completed by the approved provider of the QEC approved service.\n- (i) a parent of the child; or\n- (ii) a person authorised, by a parent of the child, to authorise a QEC approved service to provide, or arrange for, transportation of the child; and\n- (a) the reason the child is being transported;\n- (b) if the authorisation is for regular transportation—the times at which the child is to be transported;\n- (c) if the authorisation is for transportation other than regular transportation—the day the child is to be transported;\n- (d) a description of the pick-up point and destination;\n- (e) the vehicle to be used to transport the child;\n- (f) the estimated duration of the journey;\n- (g) the estimated number of children likely to be transported;\n- (h) the estimated number of staff members and any other adults who will accompany and supervise the children during the journey;\n- (i) the requirements for seatbelts or safety restraints under a law of this State or another State in which the children are to be transported;\n- (j) that a transport risk assessment has been conducted and is available for inspection at the QEC service premises;\n- (k) that written policies and procedures for transporting children are available for inspection at the QEC service premises.","sortOrder":88},{"sectionNumber":"sec.79","sectionType":"section","heading":"Requirement for transport authorisation","content":"### sec.79 Requirement for transport authorisation\n\nThe approved provider of a QEC approved service must ensure a child is not transported by, or on transportation arranged by, the service unless the approved provider has been given a transport authorisation in relation to the child.\nMaximum penalty—5 penalty units.\nA transport authorisation given for transportation that is regular transportation has effect as a transport authorisation for regular transportation for a period of 12 months after the day the authorisation is given.\n(sec.79-ssec.1) The approved provider of a QEC approved service must ensure a child is not transported by, or on transportation arranged by, the service unless the approved provider has been given a transport authorisation in relation to the child. Maximum penalty—5 penalty units.\n(sec.79-ssec.2) A transport authorisation given for transportation that is regular transportation has effect as a transport authorisation for regular transportation for a period of 12 months after the day the authorisation is given.","sortOrder":89},{"sectionNumber":"sec.80","sectionType":"section","heading":"Transport risk assessment to be conducted before seeking transport authorisation","content":"### sec.80 Transport risk assessment to be conducted before seeking transport authorisation\n\nThe approved provider of a QEC approved service must ensure a transport risk assessment is conducted before a person is asked to give the approved provider a transport authorisation in relation to a child.\nMaximum penalty—10 penalty units.\nHowever, subsection (1) does not apply in relation to the transportation of a child if—\nthe transportation of the child is regular transportation; and\na transport risk assessment for the regular transportation has been conducted within 12 months before the transportation of the child.\nA transport risk assessment must—\nidentify and assess any risks the transportation may pose to the safety, health or wellbeing of any child being transported; and\nstate how the identified risks will be managed and minimised; and\nwithout limiting paragraph (a) or (b) , consider the matters stated in subsection (4) .\nFor subsection (3) (c) , the matters are as follows—\nthe proposed route and duration of the journey;\nthe proposed pick-up location and destination for the journey;\nthe vehicle to be used for the journey;\nthe requirements for seatbelts or safety restraints;\nthe existence of any water hazards that may affect the journey;\nthe number of adults and children involved in the journey;\nhaving regard to any identified risks posed by the transportation—\nthe appropriate number of educators or other responsible adults required to provide supervision during the journey; and\nwhether any adults with specialised skills are required to be involved during the journey;\nwhether any items are required to be readily available during the journey;\na mobile phone, a list of emergency contact numbers, a device used to administer a life-saving dose of adrenaline (epinephrine) in the event of a severe allergic reaction\nthe procedures for entering and exiting—\nthe QEC service premises; and\nthe pick-up location or destination;\nprocedures for embarking and disembarking the vehicle, including how each child is accounted for.\n(sec.80-ssec.1) The approved provider of a QEC approved service must ensure a transport risk assessment is conducted before a person is asked to give the approved provider a transport authorisation in relation to a child. Maximum penalty—10 penalty units.\n(sec.80-ssec.2) However, subsection (1) does not apply in relation to the transportation of a child if— the transportation of the child is regular transportation; and a transport risk assessment for the regular transportation has been conducted within 12 months before the transportation of the child.\n(sec.80-ssec.3) A transport risk assessment must— identify and assess any risks the transportation may pose to the safety, health or wellbeing of any child being transported; and state how the identified risks will be managed and minimised; and without limiting paragraph (a) or (b) , consider the matters stated in subsection (4) .\n(sec.80-ssec.4) For subsection (3) (c) , the matters are as follows— the proposed route and duration of the journey; the proposed pick-up location and destination for the journey; the vehicle to be used for the journey; the requirements for seatbelts or safety restraints; the existence of any water hazards that may affect the journey; the number of adults and children involved in the journey; having regard to any identified risks posed by the transportation— the appropriate number of educators or other responsible adults required to provide supervision during the journey; and whether any adults with specialised skills are required to be involved during the journey; whether any items are required to be readily available during the journey; a mobile phone, a list of emergency contact numbers, a device used to administer a life-saving dose of adrenaline (epinephrine) in the event of a severe allergic reaction the procedures for entering and exiting— the QEC service premises; and the pick-up location or destination; procedures for embarking and disembarking the vehicle, including how each child is accounted for.\n- (a) the transportation of the child is regular transportation; and\n- (b) a transport risk assessment for the regular transportation has been conducted within 12 months before the transportation of the child.\n- (a) identify and assess any risks the transportation may pose to the safety, health or wellbeing of any child being transported; and\n- (b) state how the identified risks will be managed and minimised; and\n- (c) without limiting paragraph (a) or (b) , consider the matters stated in subsection (4) .\n- (a) the proposed route and duration of the journey;\n- (b) the proposed pick-up location and destination for the journey;\n- (c) the vehicle to be used for the journey;\n- (d) the requirements for seatbelts or safety restraints;\n- (e) the existence of any water hazards that may affect the journey;\n- (f) the number of adults and children involved in the journey;\n- (g) having regard to any identified risks posed by the transportation— (i) the appropriate number of educators or other responsible adults required to provide supervision during the journey; and (ii) whether any adults with specialised skills are required to be involved during the journey;\n- (i) the appropriate number of educators or other responsible adults required to provide supervision during the journey; and\n- (ii) whether any adults with specialised skills are required to be involved during the journey;\n- (h) whether any items are required to be readily available during the journey; Examples of items— a mobile phone, a list of emergency contact numbers, a device used to administer a life-saving dose of adrenaline (epinephrine) in the event of a severe allergic reaction\n- (i) the procedures for entering and exiting— (i) the QEC service premises; and (ii) the pick-up location or destination;\n- (i) the QEC service premises; and\n- (ii) the pick-up location or destination;\n- (j) procedures for embarking and disembarking the vehicle, including how each child is accounted for.\n- (i) the appropriate number of educators or other responsible adults required to provide supervision during the journey; and\n- (ii) whether any adults with specialised skills are required to be involved during the journey;\n- (i) the QEC service premises; and\n- (ii) the pick-up location or destination;","sortOrder":90},{"sectionNumber":"sec.81","sectionType":"section","heading":"Embarking vehicles","content":"### sec.81 Embarking vehicles\n\nThis section applies to the approved provider of a QEC approved service if children embark a vehicle at the QEC service premises as part of the regular transportation of children by, or arranged by, the service.\nThe approved provider must ensure—\na staff member, other than a staff member driving the vehicle, is present when the children embark the vehicle at the QEC service premises; and\neach child embarking the vehicle at the QEC service premises is accounted for by the staff member; and\nimmediately after all the children have embarked the vehicle at the QEC service premises, the staff member makes a record that—\nstates that each child embarking the vehicle has been accounted for; and\nstates how each child embarking the vehicle has been accounted for; and\nstates the date and time the record is made; and\nstates the staff member’s name; and\nis signed by the staff member.\nMaximum penalty—10 penalty units.\nIf the staff member is an educator, nothing in this section prevents the staff member from being counted towards the number of educators required to meet the educator to child ratio for the service under division 5 .\n(sec.81-ssec.1) This section applies to the approved provider of a QEC approved service if children embark a vehicle at the QEC service premises as part of the regular transportation of children by, or arranged by, the service.\n(sec.81-ssec.2) The approved provider must ensure— a staff member, other than a staff member driving the vehicle, is present when the children embark the vehicle at the QEC service premises; and each child embarking the vehicle at the QEC service premises is accounted for by the staff member; and immediately after all the children have embarked the vehicle at the QEC service premises, the staff member makes a record that— states that each child embarking the vehicle has been accounted for; and states how each child embarking the vehicle has been accounted for; and states the date and time the record is made; and states the staff member’s name; and is signed by the staff member. Maximum penalty—10 penalty units.\n(sec.81-ssec.3) If the staff member is an educator, nothing in this section prevents the staff member from being counted towards the number of educators required to meet the educator to child ratio for the service under division 5 .\n- (a) a staff member, other than a staff member driving the vehicle, is present when the children embark the vehicle at the QEC service premises; and\n- (b) each child embarking the vehicle at the QEC service premises is accounted for by the staff member; and\n- (c) immediately after all the children have embarked the vehicle at the QEC service premises, the staff member makes a record that— (i) states that each child embarking the vehicle has been accounted for; and (ii) states how each child embarking the vehicle has been accounted for; and (iii) states the date and time the record is made; and (iv) states the staff member’s name; and (v) is signed by the staff member.\n- (i) states that each child embarking the vehicle has been accounted for; and\n- (ii) states how each child embarking the vehicle has been accounted for; and\n- (iii) states the date and time the record is made; and\n- (iv) states the staff member’s name; and\n- (v) is signed by the staff member.\n- (i) states that each child embarking the vehicle has been accounted for; and\n- (ii) states how each child embarking the vehicle has been accounted for; and\n- (iii) states the date and time the record is made; and\n- (iv) states the staff member’s name; and\n- (v) is signed by the staff member.","sortOrder":91},{"sectionNumber":"sec.82","sectionType":"section","heading":"Disembarking vehicles","content":"### sec.82 Disembarking vehicles\n\nThis section applies to the approved provider of a QEC approved service if children disembark a vehicle at the QEC service premises as part of the regular transportation of children by, or arranged by, the service.\nThe approved provider must ensure—\na staff member, other than a staff member driving the vehicle, is present when the children disembark the vehicle at the QEC service premises; and\neach child disembarking the vehicle at the QEC service premises is accounted for by the staff member; and\nthe staff member examines the interior of the vehicle to confirm no child remains on the vehicle; and\nimmediately after all the children have disembarked the vehicle at the QEC service premises, the staff member makes a record that—\nstates that each child disembarking the vehicle has been accounted for; and\nstates how each child disembarking the vehicle has been accounted for; and\nstates that the examination required under paragraph (c) has been conducted; and\nstates the date and time the record is made; and\nstates the staff member’s name; and\nis signed by the staff member.\nMaximum penalty—10 penalty units.\nIf the staff member is an educator, nothing in this section prevents the staff member from being counted towards the number of educators required to meet the educator to child ratio for the service under division 5 .\n(sec.82-ssec.1) This section applies to the approved provider of a QEC approved service if children disembark a vehicle at the QEC service premises as part of the regular transportation of children by, or arranged by, the service.\n(sec.82-ssec.2) The approved provider must ensure— a staff member, other than a staff member driving the vehicle, is present when the children disembark the vehicle at the QEC service premises; and each child disembarking the vehicle at the QEC service premises is accounted for by the staff member; and the staff member examines the interior of the vehicle to confirm no child remains on the vehicle; and immediately after all the children have disembarked the vehicle at the QEC service premises, the staff member makes a record that— states that each child disembarking the vehicle has been accounted for; and states how each child disembarking the vehicle has been accounted for; and states that the examination required under paragraph (c) has been conducted; and states the date and time the record is made; and states the staff member’s name; and is signed by the staff member. Maximum penalty—10 penalty units.\n(sec.82-ssec.3) If the staff member is an educator, nothing in this section prevents the staff member from being counted towards the number of educators required to meet the educator to child ratio for the service under division 5 .\n- (a) a staff member, other than a staff member driving the vehicle, is present when the children disembark the vehicle at the QEC service premises; and\n- (b) each child disembarking the vehicle at the QEC service premises is accounted for by the staff member; and\n- (c) the staff member examines the interior of the vehicle to confirm no child remains on the vehicle; and\n- (d) immediately after all the children have disembarked the vehicle at the QEC service premises, the staff member makes a record that— (i) states that each child disembarking the vehicle has been accounted for; and (ii) states how each child disembarking the vehicle has been accounted for; and (iii) states that the examination required under paragraph (c) has been conducted; and (iv) states the date and time the record is made; and (v) states the staff member’s name; and (vi) is signed by the staff member.\n- (i) states that each child disembarking the vehicle has been accounted for; and\n- (ii) states how each child disembarking the vehicle has been accounted for; and\n- (iii) states that the examination required under paragraph (c) has been conducted; and\n- (iv) states the date and time the record is made; and\n- (v) states the staff member’s name; and\n- (vi) is signed by the staff member.\n- (i) states that each child disembarking the vehicle has been accounted for; and\n- (ii) states how each child disembarking the vehicle has been accounted for; and\n- (iii) states that the examination required under paragraph (c) has been conducted; and\n- (iv) states the date and time the record is made; and\n- (v) states the staff member’s name; and\n- (vi) is signed by the staff member.","sortOrder":92},{"sectionNumber":"sec.83","sectionType":"section","heading":"Reporting particular matters— Act , s 127","content":"### sec.83 Reporting particular matters— Act , s 127\n\nFor section 127 (1) (d) of the Act , the following matters are prescribed—\nthe QEC approved service provides, or arranges, for the regular transportation of children to and from the service for the first time;\nthe QEC approved service stops providing, or arranging, for the regular transportation of children to and from the service.\nSee section 16 for matters prescribed for section 127 (3) of the Act , definition serious incident .\n- (a) the QEC approved service provides, or arranges, for the regular transportation of children to and from the service for the first time;\n- (b) the QEC approved service stops providing, or arranging, for the regular transportation of children to and from the service.","sortOrder":93},{"sectionNumber":"pt.4-div.8","sectionType":"division","heading":"Access to, and interactions and relationships with, children","content":"## Access to, and interactions and relationships with, children","sortOrder":94},{"sectionNumber":"sec.84","sectionType":"section","heading":"Access for parents","content":"### sec.84 Access for parents\n\nThe approved provider of a QEC approved service must ensure a parent of a child may access the QEC service premises at any time the child is being provided regulated education and care.\nMaximum penalty—10 penalty units.\nSubsection (1) does not apply to the extent compliance would—\npose a risk to the safety of a child or staff member; or\nallow a parent access in contravention of an order of a court or tribunal; or\nbe inconsistent with a provision of the Act .\n(sec.84-ssec.1) The approved provider of a QEC approved service must ensure a parent of a child may access the QEC service premises at any time the child is being provided regulated education and care. Maximum penalty—10 penalty units.\n(sec.84-ssec.2) Subsection (1) does not apply to the extent compliance would— pose a risk to the safety of a child or staff member; or allow a parent access in contravention of an order of a court or tribunal; or be inconsistent with a provision of the Act .\n- (a) pose a risk to the safety of a child or staff member; or\n- (b) allow a parent access in contravention of an order of a court or tribunal; or\n- (c) be inconsistent with a provision of the Act .","sortOrder":95},{"sectionNumber":"sec.85","sectionType":"section","heading":"Interactions with children","content":"### sec.85 Interactions with children\n\nThe approved provider of a QEC approved service must ensure the service provides regulated education and care to a child in a way that—\nencourages the child to express themself and their opinions; and\nallows the child to undertake experiences that develop self-reliance and self-esteem; and\nmaintains the dignity and rights of the child at all times; and\ngives the child positive guidance and encouragement towards acceptable behaviour; and\nhas regard to the family and cultural values, age, and physical and intellectual development and abilities of the child.\n- (a) encourages the child to express themself and their opinions; and\n- (b) allows the child to undertake experiences that develop self-reliance and self-esteem; and\n- (c) maintains the dignity and rights of the child at all times; and\n- (d) gives the child positive guidance and encouragement towards acceptable behaviour; and\n- (e) has regard to the family and cultural values, age, and physical and intellectual development and abilities of the child.","sortOrder":96},{"sectionNumber":"sec.86","sectionType":"section","heading":"Relationships in groups","content":"### sec.86 Relationships in groups\n\nThe approved provider of a QEC approved service must ensure the service provides children with opportunities to interact and develop respectful and positive relationships with each other and with staff members and volunteers.\nIn complying with subsection (1) , the approved provider must have regard to the size and composition of the groups in which children are provided regulated education and care.\n(sec.86-ssec.1) The approved provider of a QEC approved service must ensure the service provides children with opportunities to interact and develop respectful and positive relationships with each other and with staff members and volunteers.\n(sec.86-ssec.2) In complying with subsection (1) , the approved provider must have regard to the size and composition of the groups in which children are provided regulated education and care.","sortOrder":97},{"sectionNumber":"pt.5","sectionType":"part","heading":"Information and records","content":"# Information and records","sortOrder":98},{"sectionNumber":"sec.87","sectionType":"section","heading":"Display of information— Act , s 123","content":"### sec.87 Display of information— Act , s 123\n\nFor section 123 (a) of the Act , the following information is prescribed—\nthe name of the approved provider;\nthe provider approval number;\nany conditions applying to the provider approval.\nFor section 123 (b) of the Act , the following information is prescribed—\nthe name of the QEC approved service;\nthe service approval number;\nany conditions applying to the service approval;\nthe hours and days of operation of the QEC approved service;\nthe name and contact details of the person at the QEC approved service to whom complaints may be made.\nFor section 123 (d) of the Act , the following information is prescribed for any service waiver or temporary waiver applying to the service approval—\nthe details of the waiver;\nthe duration of the waiver.\nFor section 123 (e) of the Act , the following information is prescribed—\nnotice of an occurrence of an infectious disease;\nwhether a child at risk of anaphylaxis is enrolled at the QEC approved service;\nthe contact details of the chief executive.\n(sec.87-ssec.1) For section 123 (a) of the Act , the following information is prescribed— the name of the approved provider; the provider approval number; any conditions applying to the provider approval.\n(sec.87-ssec.2) For section 123 (b) of the Act , the following information is prescribed— the name of the QEC approved service; the service approval number; any conditions applying to the service approval; the hours and days of operation of the QEC approved service; the name and contact details of the person at the QEC approved service to whom complaints may be made.\n(sec.87-ssec.3) For section 123 (d) of the Act , the following information is prescribed for any service waiver or temporary waiver applying to the service approval— the details of the waiver; the duration of the waiver.\n(sec.87-ssec.4) For section 123 (e) of the Act , the following information is prescribed— notice of an occurrence of an infectious disease; whether a child at risk of anaphylaxis is enrolled at the QEC approved service; the contact details of the chief executive.\n- (a) the name of the approved provider;\n- (b) the provider approval number;\n- (c) any conditions applying to the provider approval.\n- (a) the name of the QEC approved service;\n- (b) the service approval number;\n- (c) any conditions applying to the service approval;\n- (d) the hours and days of operation of the QEC approved service;\n- (e) the name and contact details of the person at the QEC approved service to whom complaints may be made.\n- (a) the details of the waiver;\n- (b) the duration of the waiver.\n- (a) notice of an occurrence of an infectious disease;\n- (b) whether a child at risk of anaphylaxis is enrolled at the QEC approved service;\n- (c) the contact details of the chief executive.","sortOrder":99},{"sectionNumber":"sec.88","sectionType":"section","heading":"Enrolment records","content":"### sec.88 Enrolment records\n\nThe approved provider of a QEC approved service must ensure a record containing the following information (an enrolment record ) is kept for each child—\nthe full name, date of birth and address of the child;\nthe name, address and contact details of—\neach known parent of the child; and\nany person who is an authorised emergency contact for the child under section 24 ; and\nany person who is an authorised nominee for the child; and\nany person who is authorised to consent to medical treatment of, or to authorise administration of medication to, the child; and\nany person who is authorised, by a parent of the child, to authorise an educator to take the child outside the QEC service premises; and\nany person who is authorised, by a parent of the child, to authorise the service to provide, or arrange for, transportation of the child;\ndetails of any parenting orders or other court orders, or any parenting plans, provided to the approved provider relating to the powers, duties, responsibilities or authorities of any person in relation to the child, including access to the child;\ndetails 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 another person;\nthe gender of the child;\nthe language spoken in the child’s home;\nthe cultural background of the child and the child’s parents;\nany special considerations for the child, for example, any cultural, religious or dietary requirements or additional needs;\nthe authorisations required to be kept under section 89 ;\nthe child’s health related information stated in section 90 .\n- (a) the full name, date of birth and address of the child;\n- (b) the name, address and contact details of— (i) each known parent of the child; and (ii) any person who is an authorised emergency contact for the child under section 24 ; and (iii) any person who is an authorised nominee for the child; and (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, by a parent of the child, to authorise an educator to take the child outside the QEC service premises; and (vi) any person who is authorised, by a parent of the child, to authorise the service to provide, or arrange for, transportation of the child;\n- (i) each known parent of the child; and\n- (ii) any person who is an authorised emergency contact for the child under section 24 ; and\n- (iii) any person who is an authorised nominee for the child; and\n- (iv) any person who is authorised to consent to medical treatment of, or to authorise administration of medication to, the child; and\n- (v) any person who is authorised, by a parent of the child, to authorise an educator to take the child outside the QEC service premises; and\n- (vi) any person who is authorised, by a parent of the child, to authorise the service to provide, or arrange for, transportation of the child;\n- (c) details of any parenting orders or other court orders, or any parenting plans, provided to the approved provider relating to the powers, duties, responsibilities or authorities of any person in relation to the child, including access to the child;\n- (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 another person;\n- (e) the gender of the child;\n- (f) the language spoken in the child’s home;\n- (g) the cultural background of the child and the child’s parents;\n- (h) any special considerations for the child, for example, any cultural, religious or dietary requirements or additional needs;\n- (i) the authorisations required to be kept under section 89 ;\n- (j) the child’s health related information stated in section 90 .\n- (i) each known parent of the child; and\n- (ii) any person who is an authorised emergency contact for the child under section 24 ; and\n- (iii) any person who is an authorised nominee for the child; and\n- (iv) any person who is authorised to consent to medical treatment of, or to authorise administration of medication to, the child; and\n- (v) any person who is authorised, by a parent of the child, to authorise an educator to take the child outside the QEC service premises; and\n- (vi) any person who is authorised, by a parent of the child, to authorise the service to provide, or arrange for, transportation of the child;","sortOrder":100},{"sectionNumber":"sec.89","sectionType":"section","heading":"Authorisations to be kept in enrolment records","content":"### sec.89 Authorisations to be kept in enrolment records\n\nThe approved provider of a QEC approved service must keep the following authorisations in the enrolment record for each child—\nan 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 supervisor or an educator to seek—\nmedical treatment for the child from a medical practitioner, hospital or ambulance service; and\ntransportation of the child by an ambulance service;\na medical authorisation for the child given as mentioned in section 31 ;\nan excursion authorisation in relation to the child given under part 4 , division 6 ;\na transport authorisation in relation to the child given under part 4 , division 7 .\n- (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 supervisor or an educator to seek— (i) medical treatment for the child from a medical practitioner, hospital or ambulance service; and (ii) transportation of the child by an ambulance service;\n- (i) medical treatment for the child from a medical practitioner, hospital or ambulance service; and\n- (ii) transportation of the child by an ambulance service;\n- (b) a medical authorisation for the child given as mentioned in section 31 ;\n- (c) an excursion authorisation in relation to the child given under part 4 , division 6 ;\n- (d) a transport authorisation in relation to the child given under part 4 , division 7 .\n- (i) medical treatment for the child from a medical practitioner, hospital or ambulance service; and\n- (ii) transportation of the child by an ambulance service;","sortOrder":101},{"sectionNumber":"sec.90","sectionType":"section","heading":"Health related information to be kept in enrolment records","content":"### sec.90 Health related information to be kept in enrolment records\n\nFor section 88 (j) , the health related information for a child is—\nthe name, address and telephone number of the child’s medical practitioner or medical service; and\nthe child’s Medicare number, if available; and\ndetails of—\nany specific healthcare needs of the child, including any medical condition; and\nany allergies, including whether the child has been diagnosed as being at risk of anaphylaxis; and\nany 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 mentioned in paragraph (c) ; and\ndetails of any dietary restrictions for the child; and\nthe immunisation status of the child; and\nif the approved provider or a staff member has sighted a health record for the child—a notation to that effect.\n- (a) the name, address and telephone number of the child’s medical practitioner or medical service; and\n- (b) the child’s Medicare number, if available; and\n- (c) details of— (i) any specific healthcare needs of the child, including any medical condition; and (ii) any allergies, including whether the child has been diagnosed as being at risk of anaphylaxis; and\n- (i) any specific healthcare needs of the child, including any medical condition; and\n- (ii) any allergies, including whether the child has been diagnosed as being at risk of anaphylaxis; and\n- (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 mentioned in paragraph (c) ; and\n- (e) details of any dietary restrictions for the child; and\n- (f) the immunisation status of the child; and\n- (g) if the approved provider or a staff member has sighted a health record for the child—a notation to that effect.\n- (i) any specific healthcare needs of the child, including any medical condition; and\n- (ii) any allergies, including whether the child has been diagnosed as being at risk of anaphylaxis; and","sortOrder":102},{"sectionNumber":"sec.91","sectionType":"section","heading":"Attendance records","content":"### sec.91 Attendance records\n\nThe approved provider of a QEC approved service must ensure a record of the following information is kept for the service—\nthe full name of each child attending the service;\nthe date and time each child arrives at and leaves the QEC service premises.\nAlso, the approved provider must ensure the record kept under subsection (1) is signed, at the time the child arrives at or leaves the QEC service premises, by—\nthe person who delivers the child to, or collects the child from, the QEC service premises; or\na supervisor or other educator at the QEC approved service.\n(sec.91-ssec.1) The approved provider of a QEC approved service must ensure a record of the following information is kept for the service— the full name of each child attending the service; the date and time each child arrives at and leaves the QEC service premises.\n(sec.91-ssec.2) Also, the approved provider must ensure the record kept under subsection (1) is signed, at the time the child arrives at or leaves the QEC service premises, by— the person who delivers the child to, or collects the child from, the QEC service premises; or a supervisor or other educator at the QEC approved service.\n- (a) the full name of each child attending the service;\n- (b) the date and time each child arrives at and leaves the QEC service premises.\n- (a) the person who delivers the child to, or collects the child from, the QEC service premises; or\n- (b) a supervisor or other educator at the QEC approved service.","sortOrder":103},{"sectionNumber":"sec.92","sectionType":"section","heading":"Keeping of records— Act , s 128","content":"### sec.92 Keeping of records— Act , s 128\n\nFor section 128 of the Act , a record of each of the matters stated in schedule 2 is prescribed.\nFor section 128 of the Act , the following periods are prescribed for the keeping of records by the approved provider of a QEC approved service—\nfor a record relating to an incident, illness, injury or trauma suffered by a child while being provided regulated education and care by the service—until the child turns 25;\nfor a record relating to an incident, illness, injury or trauma suffered by a child that may have occurred following an incident while the child was being provided regulated education and care by the service—until the child turns 25;\nfor a record relating to the death of a child while being provided regulated education and care by the service—for 7 years after the child’s death;\nfor a record relating to the death of a child that may have occurred as a result of an incident while the child was being provided regulated education and care by the service—for 7 years after the child’s death;\nfor any other record relating to a child—for 3 years after the last day on which the child is provided regulated education and care by the service;\nfor a record relating to the approved provider—for 3 years after the last day on which the approved provider operates the service;\nfor a record relating to a staff member or volunteer—for 3 years after the last day on which the staff member or volunteer provides regulated education and care for the service;\nfor any other record—for 3 years after the day on which the record is made.\n(sec.92-ssec.1) For section 128 of the Act , a record of each of the matters stated in schedule 2 is prescribed.\n(sec.92-ssec.2) For section 128 of the Act , the following periods are prescribed for the keeping of records by the approved provider of a QEC approved service— for a record relating to an incident, illness, injury or trauma suffered by a child while being provided regulated education and care by the service—until the child turns 25; for a record relating to an incident, illness, injury or trauma suffered by a child that may have occurred following an incident while the child was being provided regulated education and care by the service—until the child turns 25; for a record relating to the death of a child while being provided regulated education and care by the service—for 7 years after the child’s death; for a record relating to the death of a child that may have occurred as a result of an incident while the child was being provided regulated education and care by the service—for 7 years after the child’s death; for any other record relating to a child—for 3 years after the last day on which the child is provided regulated education and care by the service; for a record relating to the approved provider—for 3 years after the last day on which the approved provider operates the service; for a record relating to a staff member or volunteer—for 3 years after the last day on which the staff member or volunteer provides regulated education and care for the service; for any other record—for 3 years after the day on which the record is made.\n- (a) for a record relating to an incident, illness, injury or trauma suffered by a child while being provided regulated education and care by the service—until the child turns 25;\n- (b) for a record relating to an incident, illness, injury or trauma suffered by a child that may have occurred following an incident while the child was being provided regulated education and care by the service—until the child turns 25;\n- (c) for a record relating to the death of a child while being provided regulated education and care by the service—for 7 years after the child’s death;\n- (d) for a record relating to the death of a child that may have occurred as a result of an incident while the child was being provided regulated education and care by the service—for 7 years after the child’s death;\n- (e) for any other record relating to a child—for 3 years after the last day on which the child is provided regulated education and care by the service;\n- (f) for a record relating to the approved provider—for 3 years after the last day on which the approved provider operates the service;\n- (g) for a record relating to a staff member or volunteer—for 3 years after the last day on which the staff member or volunteer provides regulated education and care for the service;\n- (h) for any other record—for 3 years after the day on which the record is made.","sortOrder":104},{"sectionNumber":"pt.6","sectionType":"part","heading":"Policies and procedures and notification of particular matters","content":"# Policies and procedures and notification of particular matters","sortOrder":105},{"sectionNumber":"sec.93","sectionType":"section","heading":"Required policies and procedures","content":"### sec.93 Required policies and procedures\n\nThe approved provider of a QEC approved service must make and keep policies and procedures in relation to the matters mentioned in subsection (2) .\nMaximum penalty—5 penalty units.\nFor subsection (1) , the matters are as follows—\nhealth and safety, including matters relating to—\nnutrition, food and beverages, and dietary requirements; and\nsun protection; and\nwater safety, including safety during any water-based activities; and\nadministering first aid; and\nsleep and rest;\nSee section 39 in relation to the requirements for the sleep and rest policies and procedures.\ndealing with infectious diseases, including procedures for complying with section 24 ;\ndealing with incidents, injury, trauma and illnesses, including procedures for complying with section 33 ;\ndealing with medical conditions in children;\nemergency and evacuation;\ndelivery of a child to, and collection of the child from, the QEC service premises;\nthe safe arrival of children travelling between a QEC approved service and a relevant place;\nSee section 29 in relation to the requirements for the safe arrival policies and procedures.\nconducting excursions, including procedures for complying with part 4 , division 6 ;\nthe transportation of children, including procedures for complying with part 4 , division 7 ;\nprovision of a safe environment for children, including matters relating to the promotion of a culture of child safety and wellbeing within the QEC approved service;\nthe safe use of digital technologies and online environments at the QEC approved service, including—\nthe taking, use, storage and destruction of images and videos of children; and\nobtaining authorisation from parents to take, use and store images and videos of children; and\nthe use of any optical surveillance device at the service; and\nthe use of closed-circuit television\nthe use of any digital device issued by the service; and\nthe use of digital devices by children;\nstaffing of the QEC approved service, including—\na code of conduct for staff members and volunteers; and\ndetermining the supervisor required to be present at the service; and\nthe participation of volunteers and students performing duties at the service;\ninteractions with children at the QEC approved service, including procedures for complying with section 85 ;\nthe enrolment and orientation of children at the QEC approved service;\ngovernance and management of the QEC approved service, including confidentiality of records;\nthe acceptance or refusal of an authorisation required to be kept under section 89 ;\npayment of fees and provision of a statement of fees charged by the QEC approved service;\nhow complaints are to be dealt with, including—\nthe provision of a complaint handling system at the QEC approved service that is child focused; and\nthe management of a complaint alleging a child is exhibiting harmful sexual behaviours.\nIn this section—\noptical surveillance device see the Police Powers and Responsibilities Act 2000 , section 322 .\nrelevant place , in relation to a QEC approved service, see section 26 .\n(sec.93-ssec.1) The approved provider of a QEC approved service must make and keep policies and procedures in relation to the matters mentioned in subsection (2) . Maximum penalty—5 penalty units.\n(sec.93-ssec.2) For subsection (1) , the matters are as follows— health and safety, including matters relating to— nutrition, food and beverages, and dietary requirements; and sun protection; and water safety, including safety during any water-based activities; and administering first aid; and sleep and rest; See section 39 in relation to the requirements for the sleep and rest policies and procedures. dealing with infectious diseases, including procedures for complying with section 24 ; dealing with incidents, injury, trauma and illnesses, including procedures for complying with section 33 ; dealing with medical conditions in children; emergency and evacuation; delivery of a child to, and collection of the child from, the QEC service premises; the safe arrival of children travelling between a QEC approved service and a relevant place; See section 29 in relation to the requirements for the safe arrival policies and procedures. conducting excursions, including procedures for complying with part 4 , division 6 ; the transportation of children, including procedures for complying with part 4 , division 7 ; provision of a safe environment for children, including matters relating to the promotion of a culture of child safety and wellbeing within the QEC approved service; the safe use of digital technologies and online environments at the QEC approved service, including— the taking, use, storage and destruction of images and videos of children; and obtaining authorisation from parents to take, use and store images and videos of children; and the use of any optical surveillance device at the service; and the use of closed-circuit television the use of any digital device issued by the service; and the use of digital devices by children; staffing of the QEC approved service, including— a code of conduct for staff members and volunteers; and determining the supervisor required to be present at the service; and the participation of volunteers and students performing duties at the service; interactions with children at the QEC approved service, including procedures for complying with section 85 ; the enrolment and orientation of children at the QEC approved service; governance and management of the QEC approved service, including confidentiality of records; the acceptance or refusal of an authorisation required to be kept under section 89 ; payment of fees and provision of a statement of fees charged by the QEC approved service; how complaints are to be dealt with, including— the provision of a complaint handling system at the QEC approved service that is child focused; and the management of a complaint alleging a child is exhibiting harmful sexual behaviours.\n(sec.93-ssec.3) In this section— optical surveillance device see the Police Powers and Responsibilities Act 2000 , section 322 . relevant place , in relation to a QEC approved service, see section 26 .\n- (a) health and safety, including matters relating to— (i) nutrition, food and beverages, and dietary requirements; and (ii) sun protection; and (iii) water safety, including safety during any water-based activities; and (iv) administering first aid; and (v) sleep and rest; Note— See section 39 in relation to the requirements for the sleep and rest policies and procedures.\n- (i) nutrition, food and beverages, and dietary requirements; and\n- (ii) sun protection; and\n- (iii) water safety, including safety during any water-based activities; and\n- (iv) administering first aid; and\n- (v) sleep and rest; Note— See section 39 in relation to the requirements for the sleep and rest policies and procedures.\n- (b) dealing with infectious diseases, including procedures for complying with section 24 ;\n- (c) dealing with incidents, injury, trauma and illnesses, including procedures for complying with section 33 ;\n- (d) dealing with medical conditions in children;\n- (e) emergency and evacuation;\n- (f) delivery of a child to, and collection of the child from, the QEC service premises;\n- (g) the safe arrival of children travelling between a QEC approved service and a relevant place; Note— See section 29 in relation to the requirements for the safe arrival policies and procedures.\n- (h) conducting excursions, including procedures for complying with part 4 , division 6 ;\n- (i) the transportation of children, including procedures for complying with part 4 , division 7 ;\n- (j) provision of a safe environment for children, including matters relating to the promotion of a culture of child safety and wellbeing within the QEC approved service;\n- (k) the safe use of digital technologies and online environments at the QEC approved service, including— (i) the taking, use, storage and destruction of images and videos of children; and (ii) obtaining authorisation from parents to take, use and store images and videos of children; and (iii) the use of any optical surveillance device at the service; and Example— the use of closed-circuit television (iv) the use of any digital device issued by the service; and (v) the use of digital devices by children;\n- (i) the taking, use, storage and destruction of images and videos of children; and\n- (ii) obtaining authorisation from parents to take, use and store images and videos of children; and\n- (iii) the use of any optical surveillance device at the service; and Example— the use of closed-circuit television\n- (iv) the use of any digital device issued by the service; and\n- (v) the use of digital devices by children;\n- (l) staffing of the QEC approved service, including— (i) a code of conduct for staff members and volunteers; and (ii) determining the supervisor required to be present at the service; and (iii) the participation of volunteers and students performing duties at the service;\n- (i) a code of conduct for staff members and volunteers; and\n- (ii) determining the supervisor required to be present at the service; and\n- (iii) the participation of volunteers and students performing duties at the service;\n- (m) interactions with children at the QEC approved service, including procedures for complying with section 85 ;\n- (n) the enrolment and orientation of children at the QEC approved service;\n- (o) governance and management of the QEC approved service, including confidentiality of records;\n- (p) the acceptance or refusal of an authorisation required to be kept under section 89 ;\n- (q) payment of fees and provision of a statement of fees charged by the QEC approved service;\n- (r) how complaints are to be dealt with, including— (i) the provision of a complaint handling system at the QEC approved service that is child focused; and (ii) the management of a complaint alleging a child is exhibiting harmful sexual behaviours.\n- (i) the provision of a complaint handling system at the QEC approved service that is child focused; and\n- (ii) the management of a complaint alleging a child is exhibiting harmful sexual behaviours.\n- (i) nutrition, food and beverages, and dietary requirements; and\n- (ii) sun protection; and\n- (iii) water safety, including safety during any water-based activities; and\n- (iv) administering first aid; and\n- (v) sleep and rest; Note— See section 39 in relation to the requirements for the sleep and rest policies and procedures.\n- (i) the taking, use, storage and destruction of images and videos of children; and\n- (ii) obtaining authorisation from parents to take, use and store images and videos of children; and\n- (iii) the use of any optical surveillance device at the service; and Example— the use of closed-circuit television\n- (iv) the use of any digital device issued by the service; and\n- (v) the use of digital devices by children;\n- (i) a code of conduct for staff members and volunteers; and\n- (ii) determining the supervisor required to be present at the service; and\n- (iii) the participation of volunteers and students performing duties at the service;\n- (i) the provision of a complaint handling system at the QEC approved service that is child focused; and\n- (ii) the management of a complaint alleging a child is exhibiting harmful sexual behaviours.","sortOrder":106},{"sectionNumber":"sec.94","sectionType":"section","heading":"Policies and procedures to be available","content":"### sec.94 Policies and procedures to be available\n\nThe approved provider of a QEC approved service must ensure copies of the policies and procedures required to be made and kept under section 93 are readily accessible to staff members and volunteers.\nMaximum penalty—5 penalty units.\nThe approved provider of a QEC approved service must ensure copies of the policies and procedures required to be made and kept under section 93 are available for inspection at the QEC service premises—\non request; and\nat all times a child at the service is being provided regulated education and care.\nMaximum penalty—5 penalty units.\n(sec.94-ssec.1) The approved provider of a QEC approved service must ensure copies of the policies and procedures required to be made and kept under section 93 are readily accessible to staff members and volunteers. Maximum penalty—5 penalty units.\n(sec.94-ssec.2) The approved provider of a QEC approved service must ensure copies of the policies and procedures required to be made and kept under section 93 are available for inspection at the QEC service premises— on request; and at all times a child at the service is being provided regulated education and care. Maximum penalty—5 penalty units.\n- (a) on request; and\n- (b) at all times a child at the service is being provided regulated education and care.","sortOrder":107},{"sectionNumber":"sec.95","sectionType":"section","heading":"Notice of change to policies and procedures affecting particular matters","content":"### sec.95 Notice of change to policies and procedures affecting particular matters\n\nThis section applies to the approved provider of a QEC approved service if—\nthe approved provider proposes to make a change to a policy or procedure required to be made and kept under section 93 ; and\nthe change may have a significant impact on—\nthe service’s provision of regulated education and care to a child; or\nthe ability of a child’s parents to use the service.\nThe approved provider must ensure the parents of the child are given notice of the change at least 14 days before the change is made.\nHowever, if the approved provider considers compliance with subsection (2) would pose a risk to the safety, health or wellbeing of a child, the approved provider—\nmay make the change without complying with subsection (2) ; but\nmust ensure the parents of the child are notified as soon as practicable after the change is made.\n(sec.95-ssec.1) This section applies to the approved provider of a QEC approved service if— the approved provider proposes to make a change to a policy or procedure required to be made and kept under section 93 ; and the change may have a significant impact on— the service’s provision of regulated education and care to a child; or the ability of a child’s parents to use the service.\n(sec.95-ssec.2) The approved provider must ensure the parents of the child are given notice of the change at least 14 days before the change is made.\n(sec.95-ssec.3) However, if the approved provider considers compliance with subsection (2) would pose a risk to the safety, health or wellbeing of a child, the approved provider— may make the change without complying with subsection (2) ; but must ensure the parents of the child are notified as soon as practicable after the change is made.\n- (a) the approved provider proposes to make a change to a policy or procedure required to be made and kept under section 93 ; and\n- (b) the change may have a significant impact on— (i) the service’s provision of regulated education and care to a child; or (ii) the ability of a child’s parents to use the service.\n- (i) the service’s provision of regulated education and care to a child; or\n- (ii) the ability of a child’s parents to use the service.\n- (i) the service’s provision of regulated education and care to a child; or\n- (ii) the ability of a child’s parents to use the service.\n- (a) may make the change without complying with subsection (2) ; but\n- (b) must ensure the parents of the child are notified as soon as practicable after the change is made.","sortOrder":108},{"sectionNumber":"sec.96","sectionType":"section","heading":"Notice of change to policies and procedures affecting fees","content":"### sec.96 Notice of change to policies and procedures affecting fees\n\nThis section applies if the approved provider of a QEC approved service proposes to make a change mentioned in section 95 (1) (a) that will affect—\nthe fees charged by the service; or\nthe way fees are payable.\nThe approved provider must ensure the parents of each child are given notice of the change at least 14 days before the change is made.\n(sec.96-ssec.1) This section applies if the approved provider of a QEC approved service proposes to make a change mentioned in section 95 (1) (a) that will affect— the fees charged by the service; or the way fees are payable.\n(sec.96-ssec.2) The approved provider must ensure the parents of each child are given notice of the change at least 14 days before the change is made.\n- (a) the fees charged by the service; or\n- (b) the way fees are payable.","sortOrder":109},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":110},{"sectionNumber":"sec.97","sectionType":"section","heading":"Insurance cover for stand-alone service— Act , s 135","content":"### sec.97 Insurance cover for stand-alone service— Act , s 135\n\nFor section 135 of the Act , the insurance cover prescribed is public liability insurance of at least $10m.","sortOrder":111},{"sectionNumber":"sec.98","sectionType":"section","heading":"Fees","content":"### sec.98 Fees\n\nThe fees payable under the Act are stated in schedule 3 .\nThe maximum fee for obtaining a copy of a register, or part of a register, under schedule 3 , item 12 or 14 is $400.00.\n(sec.98-ssec.1) The fees payable under the Act are stated in schedule 3 .\n(sec.98-ssec.2) The maximum fee for obtaining a copy of a register, or part of a register, under schedule 3 , item 12 or 14 is $400.00.","sortOrder":112},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":113},{"sectionNumber":"sec.99","sectionType":"section","heading":"Definitions for part","content":"### sec.99 Definitions for part\n\nIn this part—\nexpired regulation means the expired Education and Care Services Regulation 2013 .\nformer , in relation to a provision, means the provision of the expired regulation as in force from time to time before the commencement.\nnew , in relation to a provision, means the provision of this regulation as in force from the commencement.","sortOrder":114},{"sectionNumber":"sec.100","sectionType":"section","heading":"Particular QEC approved services exempt from outdoor space requirements","content":"### sec.100 Particular QEC approved services exempt from outdoor space requirements\n\nThis section applies to the approved provider of a QEC approved service if, immediately before the commencement, former section 32 did not apply to the approved provider in relation to the service because of the application of former 73.\nFrom the commencement, new section 46 does not apply to the approved provider in relation to the QEC service premises.\nHowever, if, after the commencement, the approved provider starts to carry out assessable development under the Planning Act 2016 on the QEC service premises—\nsubsection (2) ceases to apply in relation to the approved provider; and\nnew section 46 starts to apply to the approved provider in relation to the QEC service premises.\n(sec.100-ssec.1) This section applies to the approved provider of a QEC approved service if, immediately before the commencement, former section 32 did not apply to the approved provider in relation to the service because of the application of former 73.\n(sec.100-ssec.2) From the commencement, new section 46 does not apply to the approved provider in relation to the QEC service premises.\n(sec.100-ssec.3) However, if, after the commencement, the approved provider starts to carry out assessable development under the Planning Act 2016 on the QEC service premises— subsection (2) ceases to apply in relation to the approved provider; and new section 46 starts to apply to the approved provider in relation to the QEC service premises.\n- (a) subsection (2) ceases to apply in relation to the approved provider; and\n- (b) new section 46 starts to apply to the approved provider in relation to the QEC service premises.","sortOrder":115},{"sectionNumber":"sec.101","sectionType":"section","heading":"Saving of operation of particular provisions of expired regulation","content":"### sec.101 Saving of operation of particular provisions of expired regulation\n\nFormer sections 76 and 77 are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.","sortOrder":116},{"sectionNumber":"sec.102","sectionType":"section","heading":"Delayed application of requirement to inform staff of obligations under Child Protection Act 1999","content":"### sec.102 Delayed application of requirement to inform staff of obligations under Child Protection Act 1999\n\nNew section 23 does not apply to the approved provider of a QEC approved service until the day that is 1 month after the day this section commences.","sortOrder":117},{"sectionNumber":"sec.103","sectionType":"section","heading":"Delayed application of provisions relating to particular risk assessments and policies and procedures","content":"### sec.103 Delayed application of provisions relating to particular risk assessments and policies and procedures\n\nThe following provisions do not apply to the approved provider of a QEC approved service until the day that is 3 months after the day this section commences—\nnew section 25(1), to the extent it relates to the circumstance mentioned in new section 25(2)(d);\nnew part 4, division 2, subdivision 2;\nnew part 4, division 3, subdivision 2;\nnew part 4, division 7;\nnew section 93(1), to the extent it relates to a matter mentioned in new section 93(2)(a)(v), (g), (i), (j), (k) or (r).\n- (a) new section 25(1), to the extent it relates to the circumstance mentioned in new section 25(2)(d);\n- (b) new part 4, division 2, subdivision 2;\n- (c) new part 4, division 3, subdivision 2;\n- (d) new part 4, division 7;\n- (e) new section 93(1), to the extent it relates to a matter mentioned in new section 93(2)(a)(v), (g), (i), (j), (k) or (r).","sortOrder":118},{"sectionNumber":"sec.104","sectionType":"section","heading":"Risk assessments for excursions carried out before commencement","content":"### sec.104 Risk assessments for excursions carried out before commencement\n\nThis section applies if—\nbefore the commencement, a risk assessment was carried out under former section 55 for an excursion; and\nthe excursion—\nis an excursion within the meaning of new section 72 and is to be conducted after the commencement; or\nis a regular outing within the meaning of new section 72.\nThe risk assessment for the excursion is taken to have been conducted under new section 75.\n(sec.104-ssec.1) This section applies if— before the commencement, a risk assessment was carried out under former section 55 for an excursion; and the excursion— is an excursion within the meaning of new section 72 and is to be conducted after the commencement; or is a regular outing within the meaning of new section 72.\n(sec.104-ssec.2) The risk assessment for the excursion is taken to have been conducted under new section 75.\n- (a) before the commencement, a risk assessment was carried out under former section 55 for an excursion; and\n- (b) the excursion— (i) is an excursion within the meaning of new section 72 and is to be conducted after the commencement; or (ii) is a regular outing within the meaning of new section 72.\n- (i) is an excursion within the meaning of new section 72 and is to be conducted after the commencement; or\n- (ii) is a regular outing within the meaning of new section 72.\n- (i) is an excursion within the meaning of new section 72 and is to be conducted after the commencement; or\n- (ii) is a regular outing within the meaning of new section 72.","sortOrder":119},{"sectionNumber":"sec.105","sectionType":"section","heading":"Application of new s 83 to particular QEC approved services","content":"### sec.105 Application of new s 83 to particular QEC approved services\n\nThis section applies if—\nbefore the commencement, a QEC approved service provided, or arranged, for the transportation of children that would, if provided or arranged after the commencement, be the regular transportation of children; and\nafter the commencement, the service continues to provide, or arrange, for the regular transportation of children.\nNew section 83 applies in relation to the QEC approved service as if the reference in new section 83(a) to the first time the service provides, or arranges, for the regular transportation were a reference to the first time, after new section 83 starts to apply in relation to the service, that the service provides, or arranges, for the regular transportation.\n(sec.105-ssec.1) This section applies if— before the commencement, a QEC approved service provided, or arranged, for the transportation of children that would, if provided or arranged after the commencement, be the regular transportation of children; and after the commencement, the service continues to provide, or arrange, for the regular transportation of children.\n(sec.105-ssec.2) New section 83 applies in relation to the QEC approved service as if the reference in new section 83(a) to the first time the service provides, or arranges, for the regular transportation were a reference to the first time, after new section 83 starts to apply in relation to the service, that the service provides, or arranges, for the regular transportation.\n- (a) before the commencement, a QEC approved service provided, or arranged, for the transportation of children that would, if provided or arranged after the commencement, be the regular transportation of children; and\n- (b) after the commencement, the service continues to provide, or arrange, for the regular transportation of children.","sortOrder":120},{"sectionNumber":"sec.106","sectionType":"section","heading":"Application of new s 89","content":"### sec.106 Application of new s 89\n\nThe reference in new section 89(c) to an excursion authorisation given under part 4, division 6 is taken to include a reference to an authorisation given for an excursion before the commencement under former section 56.","sortOrder":121},{"sectionNumber":"sec.107","sectionType":"section","heading":"Policies and procedures in place before commencement","content":"### sec.107 Policies and procedures in place before commencement\n\nSubsection (2) applies if, immediately before the commencement, the approved provider of a QEC approved service had in place policies and procedures in relation to a matter set out in former section 65(2)(a) to (g) or (i) to (n).\nFrom the commencement, the policies and procedures in relation to the matter are taken to have been made and kept under new section 93 in relation to the corresponding matter mentioned in new section 93(2).\nDespite its expiry, former section 65(1), to the extent it relates to a matter set out in former section 65(2)(h) or (o), continues to apply to the approved provider of a QEC approved service until the day that is 3 months after the day this section commences.\n(sec.107-ssec.1) Subsection (2) applies if, immediately before the commencement, the approved provider of a QEC approved service had in place policies and procedures in relation to a matter set out in former section 65(2)(a) to (g) or (i) to (n).\n(sec.107-ssec.2) From the commencement, the policies and procedures in relation to the matter are taken to have been made and kept under new section 93 in relation to the corresponding matter mentioned in new section 93(2).\n(sec.107-ssec.3) Despite its expiry, former section 65(1), to the extent it relates to a matter set out in former section 65(2)(h) or (o), continues to apply to the approved provider of a QEC approved service until the day that is 3 months after the day this section commences.","sortOrder":122},{"sectionNumber":"sec.108","sectionType":"section","heading":"Application of new sch 2","content":"### sec.108 Application of new sch 2\n\nThe reference in new schedule 2, item 17 to an excursion under part 4, division 6 of this regulation is taken to include a reference to an excursion mentioned in former schedule 4, item 16.","sortOrder":123}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The regulation expands and specifies operational scope compared with the expired regulation by introducing or tightening numerous prescriptive duties and new procedural regimes (see transitional provisions, secs 99–108). Examples of scope growth include: mandatory, written risk assessments and related policy duties for safe arrival (sec.27), sleep and rest (sec.37), excursions (sec.75) and transport (sec.80); specific space standards (sec.44 requires 3.25 m² indoor per child; sec.46 requires 7 m² outdoor per child); higher specification of insurance cover (secs 6 and 97 prescrbe public liability insurance of at least $10m); and extended record‑retention rules (sec.92 requires certain child incident records be kept until the child turns 25). These additions make the regulation substantially more detailed and compliance‑intensive than a pared‑back, principle‑based instrument."},"complexity_factors":["Extensive cross-references to other instruments (the Act, Education and Care Services National Law (Queensland), and National Regulations) — see e.g. secs 11, 55, 70.","Many quantified, prescriptive standards: indoor space 3.25 m² per child (sec.44); outdoor space 7 m² per child (sec.46); public liability insurance $10m (secs 6 and 97).","Numerous distinct offences and penalty units spread across the regulation (for example secs 17, 18, 19, 20, 21, 22, 24, 34 carry penalties of 5–20 penalty units).","Detailed staffing rules with layered conditions and exceptions (qualification thresholds, temporary unqualified engagement times) — see secs 56–69 and sec.68’s prescribed times (3 and 6 months).","Multiple mandatory risk‑assessment regimes with specific content requirements for safe arrival (sec.27), sleep and rest (sec.37), excursions (sec.75) and transport (sec.80).","Record-keeping and retention complexity — schedules and differing retention periods including keeping incident records until the child turns 25 (sec.92).","Transitional and saving provisions with delayed application and carry‑over from the expired 2013 regulation (pts 8, secs 99–108), producing conditional applicability.","Nested conditional logic and exceptions (e.g. sec.62 defers to sec.63 when particular group and capacity conditions apply), increasing interpretive burden."],"plain_english_summary":"**What it does:** Sets detailed operational, safety, staffing and record-keeping rules for Queensland Education and Care (QEC) approved services — covering educational programs, staff qualifications and ratios, premises (indoor/outdoor space, fencing, nappy facilities), health and hygiene, first aid, excursions and transportation, and required risk assessments and policies.\n\n**Who it affects and why it matters:** Applies to approved providers, staff, volunteers, parents and children. Compliance determines lawful operation, creates specific duties (and penalties) and prescribes retention periods for records (e.g. sec.92)."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-care-services-regulation-2026","history":"/api/acts/education-and-care-services-regulation-2026/history","analysis":"/api/acts/education-and-care-services-regulation-2026/analysis","conflicts":"/api/acts/education-and-care-services-regulation-2026/conflicts","importantCases":"/api/acts/education-and-care-services-regulation-2026/important-cases","documents":"/api/acts/education-and-care-services-regulation-2026/documents"}}