49Additional conditions for continued approval for child care services to which section 50 applies

#### 49 Additional conditions for continued approval for child care services to which section 50 applies (1) For section 195E of the Family Assistance Administration Act, this section sets out conditions of continued approval for a provider in respect of a child care service to which section 50 of these Rules (certain providers not required to meet State/Territory requirements) applies. (1A) Despite subsection (1), this section does not apply to a provider in respect of any of the following: a State regulated education and care service within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011 (NSW); a Queensland education and care service within the meaning of the Education and Care Services Act 2013 (Qld); an early childhood service within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011 (SA); a child care service within the meaning of the Child Care Act 2001 (Tas); a children’s service within the meaning of the Children’s Services Act 1996 (Vic); a child care service within the meaning of the Child Care Services Act 2007 (WA); a childcare service within the meaning of the Children and Young People Act 2008 (ACT). Commitment to high quality child care (2) The provider must, in the opinion of the Secretary, be equipped to provide high quality child care at the service appropriate to the needs of families and the community having regard to the provider’s ability and commitment to: (a) provide a tailored, individual education program based on each child’s knowledge, ideas, culture, abilities and interests; and (b) develop a program that acknowledges and strengthens the cultural identity of children to whom care is provided at the service; and (c) ensure children are adequately supervised at all times; and (d) ensure reasonable precautions are taken to protect children from harm or injury and any hazard likely to cause harm or injury; and (e) ensure that at least one staff member who holds a current approved first aid qualification is on duty and present at the service at all times that care is being provided by the service; and (f) do anything else the Secretary considers necessary or appropriate for the provision of high quality child care at the service. Serious incidents (3) The provider must implement appropriate arrangements to manage serious incidents (see subsection (4)). (4) For the purposes of subsection (3), serious incident has the same meaning as in paragraph 46AA(b). Notification (4A) The provider must notify the Secretary in writing within 24 hours after: a serious incident occurs; or a circumstance occurs that could have resulted in the occurrence of a serious incident; or (c) the provider receives a complaint in respect of a child care service of the provider alleging that a serious incident has occurred or is occurring; or (d) any incident occurs where the provider reasonably believes that physical or sexual abuse of a child or children has occurred or is occurring while the child or children are being educated and cared for by a child care service of the provider; or (e) the provider receives an allegation that physical or sexual abuse of a child or children has occurred or is occurring while the child or children are being educated and cared for by a child care service of the provider. (4B) For the purposes of subsection (4A), serious incident has the same meaning as in paragraph 46AA(b). Work health and safety (5) The provider must do the following things as part of managing workplace health and safety in relation to the service: (a) if required under the WHS laws to report to the Regulator a notifiable incident arising out of the provision of care by the service, the provider must also: (i) immediately, or as soon as possible afterwards, give written notice of the incident to the Secretary, together with a copy of any written notice given to the Regulator; and (ii) give the Secretary, within 14 days after the incident occurred, a report detailing the circumstances of the incident, the results of investigations into its cause, and any recommendations or strategies for prevention in the future; (b) give the Secretary written notice with full details of the following: (i) any suspected contravention of the WHS laws relating to the provision of care by the service within 24 hours after becoming aware of the suspected contravention; (ii) any cessation or direction to cease work under the WHS laws relating to the service due to unsafe work, immediately, or as soon as possible, after the provider is informed of any such cessation or direction; (iii) any workplace entry under the WHS laws by a WHS Entry Permit Holder, or an Inspector, to any premises of the service where care is being provided, within 24 hours of becoming aware of any such workplace entry; (iv) any proceedings against the provider, or any decision or request by the Regulator given to the provider, under the WHS laws, within 24 hours of becoming aware of any such proceedings, decision or request; (c) provide the Secretary with copies of all notices and correspondence issued to the provider by any person under the WHS laws, within 24 hours after receiving any such notice or correspondence. (7) A term used in subsection (5) has the same meaning as in the WHS laws. Insurance (8) The provider must, at all times, have in place the following insurance policies: (a) workers compensation insurance in relation to the service as required by law; and (b) a current policy of insurance providing adequate cover for the service against public liability with a minimum cover of $10,000,000. Quality Improvement Plan (9) A provider is required to have, within 6 months after the approval of the service, a written Quality Improvement Plan that: (a) is available to view by the Secretary on request; and (b) assesses the service’s strengths and weaknesses against each of the 7 key quality areas of the National Quality Standard of the National Quality Framework (which in 2017 could be viewed at http://acecqa.gov.au/national‑quality‑framework/the‑national‑quality‑standard). (10) A provider is required to review annually the Quality Improvement Plan referred to in subsection (9) by reassessing the service’s strengths and weaknesses against each of the 7 key quality areas referred to in paragraph (9)(b), indicating progress and areas for improvement.