Children's Services Regulations 2020

Part 1—Preliminary

1 Objective

The objective of these Regulations is to provide for certain matters for the regulation of the approval and operation of children's services under the Children's Services Act 1996.

2 Authorising provision

These Regulations are made under section 191 of the Children's Services Act 1996.

3 Commencement

These Regulations come into operation on 17 May 2020.

4 Revocations

The regulations set out in Schedule 1 are revoked.

5 Definitions

(1) In these Regulations—

Reg. 5(1) def. of ABN inserted by S.R. No. 80/2024 reg. 5.

ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

actively working towards a qualification—see regulation 8;

approved certificate III level education and care qualification means—

(a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved certificate III level education and care qualifications published under regulation 137 of the national regulations; or

(b) a qualification included in the list of approved diploma level education and care qualifications or approved early childhood teaching qualifications published under regulation 137 of the national regulations;

approved diploma level education and care qualification means—

(a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved diploma level education and care qualifications published under regulation 137 of the national regulations; or

(b) a qualification included in the list of approved early childhood teaching qualifications published under regulation 137 of the national regulations;

Reg. 5(1) def. of approved early childhood teaching qualification inserted by S.R. No. 12/2024 reg. 5(a).

approved early childhood teaching qualification means a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved early childhood teaching qualifications published under regulation 137 of the national regulations;

Reg. 5(1) def. of approved education and care qualification inserted by S.R. No. 12/2024 reg. 5(a).

approved education and care qualification, in regulations 92A and 94, means—

(a) an approved certificate III level education and care qualification; or

(b) an approved diploma level education and care qualification; or

(c) an approved early childhood teaching qualification;

approved number of places, in relation to a children's service, means the maximum number of children who can be educated and cared for by the service at any one time, stated on the service approval under section 51(g) of the Act;

bankruptcy declaration means a declaration made by an individual about any proceeding in bankruptcy brought against the individual including—

(a) whether any actions have been taken against the individual under Part IV of the Bankruptcy Act 1966 of the Commonwealth; and

(b) whether the individual has made any debt agreement under Part IX of the Bankruptcy Act 1966 of the Commonwealth; and

(c) whether the individual has made any personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth;

building law means the Building Act 1993;

building practitioner means—

(a) a person who is registered as a building practitioner under the building law; or

(b) a person who is registered as an architect under the Architects Act 1991; or

(c) a person who is registered as a licensed surveyor under the Surveying Act 2004;

certificate of final inspection means a certificate issued on completion of building work by a building practitioner under the building law;

child over preschool age means a child who—

(a) is enrolled or registered at a school; and

(b) attends, or in the current calendar year, will attend school in the year before grade 1 or in grade 1 or a higher grade;

child preschool age or under means a child under the age of 7 years who is not a child over preschool age;

child protection law means—

(a) the Children, Youth and Families Act 2005; and

(b) the Child Wellbeing and Safety Act 2005; and

(c) the Family Violence Protection Act 2008;

commencement day means 17 May 2020;

criminal history record check means a full disclosure Australia-wide criminal history record check, issued by a police force or other authority of a State or Territory or the Commonwealth;

criminal history statement means a statement made by an individual that—

(a) states whether the individual has been convicted in Australia of any offences relevant to a person seeking to work with children; and

(b) includes details of those convictions;

diagnosed as at risk of anaphylaxis, in relation to a child, means a child who has been diagnosed by a registered medical practitioner as at risk of anaphylaxis;

disciplinary proceedings statement means a statement made by an individual that states—

(a) whether the individual is or has been subject to a formal disciplinary proceeding or action under an education law or an equivalent law of a participating jurisdiction (other than a proceeding or action that was unsuccessful or was withdrawn); and

(b) the outcome of the proceeding or action (if known);

educational program means a program referred to in section 108 of the Act;

emergency, in relation to a children's service, means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at the children's service;

Examples

1 Flood.

2 Fire.

3 A situation that requires the children's service premises to be locked down.

excursion means an outing organised by a children's service, but does not include an outing organised by a children's service provided on a school site if—

(a) the child or children leave the children's service premises in the company of an educator; and

(b) the child or children do not leave the school site;

financial declaration means a declaration made by a person who is not an individual indicating whether the person is or has been declared insolvent or is or has been placed under external administration;

in attendance at a children's service, in relation to an early childhood teacher or a suitably qualified person—see regulation 9;

infectious disease has the same meaning as in the Public Health and Wellbeing Act 2008;

limited hours service means a children's service that does not provide education and care to any child who attends the service for more than—

(a) 3 hours per day; and

(b) 6 hours per week;

medication means medicine within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;

Reg. 5(1) def. of multi-storey building inserted by S.R. No. 12/2024 reg. 5(a).

multi-storey building means a building with more than 2 storeys;

occasional care service means a children's service that is not a limited hours service;

occupancy permit means a permit issued under the building law that permits a building to be occupied;

overseas criminal history statement means a statement made by an individual that—

(a) states whether the individual has been convicted outside Australia of any offences relevant to a person seeking to work with children; and

(b) includes details of those convictions;

planning and development law means the Planning and Environment Act 1987;

planning permit means a permit issued under Part 4 of the planning and development law in respect of the use or development of any land;

previous service statement means a statement made by an individual that states—

(a) whether or not the individual has held any role with an education and care service or a children's service in the previous 3 years; and

(b) includes the following details for each role—

(i) the name of the service;

(ii) the State or Territory in which the service was located;

(iii) the nature of the role;

Reg. 5(1) def. of regular outing amended by S.R. No. 12/2024 reg. 5(b).

regular outing, in relation to a children's service, means a walk, drive or trip to and from a destination—

(a) that the service visits regularly as part of its educational program; and

(b) where the circumstances relevant to the risk assessment are substantially the same on each outing;

Reg. 5(1) def. of regular transportation inserted by S.R. No. 12/2024 reg. 5(a).

regular transportation, in relation to a children's service, means the transportation by the service or arranged by the service (other than as part of an excursion) of a child being educated and cared for by the service, where the circumstances relevant to a risk assessment are substantially the same for each occasion on which the child is transported;

responsible person, in relation to a children's service, means a person referred to in section 103(a) to (c) of the Act;

serious incident—see regulation 10;

soil assessment means an analysis of soil conducted by an environmental consultant, environmental consulting firm, or environmental auditor for the purposes of determining—

(a) the nature, extent and levels of contamination; and

(b) the actual or potential risk to human health resulting from that contamination;

Reg. 5(1) def. of storey inserted by S.R. No. 12/2024 reg. 5(a).

storey, of a building, includes the following—

(a) the ground level;

(b) a level of a split level;

suitably qualified person means a person who has—

(a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved qualifications for suitably qualified persons published under regulation 137 of the national regulations; or

(b) a qualification approved by the National Authority as a higher qualification for suitably qualified persons and included in the list of approved qualifications for suitably qualified persons published under regulation 137 of the national regulations;

the Act means the Children's Services Act 1996;

working directly with children—see regulation 11.

(2) A requirement under these Regulations applying in relation to a stated number of children applies each time there is the stated number of children or a part of the stated number.

There are 30 children aged 36 months or over (not including children over preschool age) at a children's service. Regulation 90(1)(b) requires one educator for each 11 children. In this case, 3 educators would be required.

6 Prescribed entity

For the purposes of paragraph (e) of the definition of person in section 3(1) of the Act, a body politic is a prescribed entity.

Reg. 6A inserted by S.R. No. 80/2024 reg. 6.

6A Approval in principle criteria

For the purposes of the definition of approval in principle criteria in section 3(1) of the Act, the following regulations are prescribed—

(a) regulation 78(b);

(b) regulation 79(a) and (b);

(c) regulation 81(4);

(d) regulation 84.

7 Types of children's service

For the purposes of these Regulations, each of the following is a type of children's service—

(a) an occasional care service;

(b) a limited hours service.

8 Meaning of *actively working towards* a qualification

For the purposes of these Regulations, an educator is actively working towards a qualification if the educator—

(a) is enrolled in the course for the qualification; and

(b) provides the approved provider with documentary evidence from the provider of the course that—

(i) the educator has commenced the course; and

(ii) the educator is making satisfactory progress towards completion of the course; and

(iii) the educator is meeting the requirements for maintaining the enrolment; and

(iv) in the case of an approved diploma level education and care qualification, the educator—

(A) holds an approved certificate III level education and care qualification; or

(B) has completed the units of study in an approved certificate III level education and care qualification determined by the National Authority under the national regulations; or

(C) has completed the percentage of total units of study required for completion of an approved early childhood teaching qualification determined by the National Authority under the national regulations.

9 Meaning of *in attendance* at a children's service

For the purposes of these Regulations, an early childhood teacher is in attendance at a children's service if the early childhood teacher—

(a) is physically present at the service; and

(b) carries out education and care activities at the service including one or more of the following—

(i) working directly with children;

(ii) planning programs;

(iii) mentoring, coaching or supporting educators;

(iv) facilitating education and care research.

10 Meaning of *serious incident*

For the purposes of the definition of serious incident in section 3(1) of the Act, each of the following is prescribed as a serious incident—

(a) the death of a child—

(i) while that child is being educated and cared for by a children's service; or

(ii) following an incident occurring while that child was being educated and cared for by a children's service;

(b) any incident involving serious injury or trauma to a child occurring while that child is being educated and cared for by a children's service—

(i) which a reasonable person would consider required urgent medical attention from a registered medical practitioner; or

(ii) for which the child attended, or ought reasonably to have attended, a hospital;

A broken limb.

(c) any incident involving serious illness of a child occurring while that child is being educated and cared for by a children's service for which the child attended, or ought reasonably to have attended, a hospital;

Severe asthma attack, seizure or anaphylaxis reaction.

(d) any emergency for which emergency services attended;

(e) any circumstance where a child being educated and cared for by a children's service—

(i) appears to be missing or cannot be accounted for; or

(ii) appears to have been taken or removed from the children's service premises in a manner that contravenes these Regulations; or

(iii) is mistakenly locked in or locked out of the children's service premises or any part of the premises.

11 Meaning of *working directly with children*

For the purposes of these Regulations, a person is working directly with children at a given time if at that time the person—

(a) is physically present with the children; and

(b) is directly engaged in providing education and care to the children.

Part 2—Provider approvals

12 Application for provider approvals by individual

For the purposes of section 11(c) of the Act, the following information is prescribed for an application for a provider approval made by an individual under section 10 of the Act—

(d) proof of the applicant's identity;

(e) a previous service statement made by the applicant;

Reg. 12(f) amended by S.R. No. 12/2024 reg. 6.

(f) if held by the applicant, a copy of the applicant's current WWC clearance;

(g) if the applicant is a registered teacher under the education law, proof of the current registration under that law;

(h) a criminal history record check in respect of the applicant issued not more than 6 months before the date of the application;

(i) a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check referred to in paragraph (h) was issued to the date of the application;

(j) if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

(k) a disciplinary proceedings statement made by the applicant;

(l) a bankruptcy declaration made by the applicant.

If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3)(a) of the Act.

13 Application for provider approval by person other than an individual

For the purposes of section 11(c) of the Act, the following information is prescribed for an application for a provider approval made by a person other than an individual under section 10 of the Act—

(b) the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;

(d) documentary evidence of the legal status of the applicant and its constitution;

(e) a financial declaration regarding the applicant;

(f) for each individual who will be a person with management or control of a children's service to be operated by the applicant, the information set out in regulation 12.

If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3)(a) of the Act.

14 Matters relating to criminal history

For the purposes of section 13(1)(d)(i) of the Act, the following matters relating to the criminal history of a person that the Regulatory Authority must have regard to are prescribed—

(a) whether the person—

Reg. 14(a)(i) amended by S.R. No. 12/2024 reg. 7.

(i) holds a current WWC clearance; or

(ii) is a registered teacher under the education law;

(b) any matters included in a criminal history record check.

15 Application for amendment of provider approval

For the purposes of section 22(2)(b) of the Act, the following information is prescribed for an application under section 22 of the Act for an amendment of a provider approval—

(a) the full name of the approved provider;

(b) the provider approval number;

(d) the details of the amendment applied for;

(e) sufficient information or documentation to support the application for amendment.

16 Maximum period of suspension of provider approval

For the purposes of sections 27(b)(i) and 33(1)(a)(ii) of the Act, the prescribed maximum period of suspension of a provider approval under section 27(b)(i) or 33(1)(a)(ii) of the Act is 12 months.

17 Application for voluntary suspension of provider approval

For the purposes of section 37(2)(b) of the Act, the following information is prescribed for an application under section 37 of the Act for the suspension of a provider approval—

(a) the full name of the approved provider;

(b) the provider approval number;

(d) the reasons for the suspension;

(e) the date on which the suspension is proposed to take effect and the duration of the suspension;

(f) what is intended to happen to each children's service operated by the approved provider during the proposed suspension;

(g) a statement indicating that the approved provider has notified the parents of children enrolled at the children's services operated by the approved provider in accordance with section 37(3) of the Act.

18 Application by individual executor for provider approval

For the purposes of section 39(6)(b) of the Act, the following information is prescribed for an application for a provider approval made under section 39(5) of the Act by an executor who is an individual—

(d) in relation to the current approved provider—

(i) the approved provider's full name; and

(iii) the date of the approved provider's death; and

(iv) a copy of the death certificate or other evidence of the death of the approved provider;

(f) proof of the applicant's identity;

Reg. 18(g) amended by S.R. No. 12/2024 reg. 8.

(g) if held by the applicant, a copy of the applicant's current WWC clearance;

(h) if the applicant is a registered teacher under the education law, proof of the current registration under that law;

(i) a criminal history record check issued not more than 6 months before the date of the application;

(j) a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check referred to in paragraph (i) was issued to the date of the application;

(k) if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

(l) a disciplinary proceedings statement made by the applicant;

(m) a bankruptcy declaration made by the applicant.

19 Application by executor other than an individual for provider approval

For the purposes of section 39(6)(b) of the Act, the following information is prescribed for an application for a provider approval made under section 39(5) of the Act by an executor other than an individual—

(b) the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;

(d) in relation to the current approved provider—

(i) the approved provider's full name; and

(iii) the date of the approved provider's death; and

(iv) a copy of the death certificate or other evidence of the death of the approved provider;

(f) documentary evidence of the legal status of the applicant and its constitution;

(g) a financial declaration regarding the applicant;

(h) for each individual who will be a person with management or control of a children's service to be operated by the applicant, the information set out in regulation 18.

20 Application by individual for provider approval on incapacity of approved provider

For the purposes of section 40(3)(b) of the Act, the following information is prescribed for an application for a provider approval made under section 40(2) of the Act by the legal personal representative or guardian of an approved provider, if the applicant is an individual—

(d) the current approved provider's full name and provider approval number;

(f) proof of the applicant's identity;

Reg. 20(g) amended by S.R. No. 12/2024 reg. 9.

(g) if held by the applicant, a copy of the applicant's current WWC clearance;

(h) if the applicant is a registered teacher under the education law, proof of current registration;

(i) a criminal history record check issued not more than 6 months before the date of the application;

(j) a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check referred to in paragraph (i) was issued until the application is made;

(k) if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

(l) a disciplinary proceedings statement made by the applicant;

(m) a bankruptcy declaration made by the applicant.

21 Application by person other than an individual for provider approval on incapacity of approved provider

For the purposes of section 40(3)(b) of the Act, the following information is prescribed for an application for a provider approval made under section 40(2) of the Act by the legal personal representative or guardian of an approved provider, if the applicant is a person other than an individual—

(b) the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;

(d) the current approved provider's full name and provider approval number;

(f) documentary evidence of the legal status of the applicant and its constitution;

(g) a financial declaration regarding the applicant;

(h) for each individual who will be a person with management or control of a children's service to be operated by the applicant, the information set out in regulation 20.

Part 3—Service approvals

Division 1—Applications for service approvals

22 Application for service approval

Subject to regulation 24, for the purposes of section 43(c) of the Act, the following information is prescribed for an application under section 42 of the Act for a service approval for a children's service—

(a) the applicant's full name and—

(i) provider approval number; or

(ii) if the applicant has applied for a provider approval but the application has not been decided, the applicant's contact details;

(b) the name of the proposed children's service;

(c) the proposed date on which the children's service will commence operation;

(d) if known, the contact details, including an after-hours telephone number, for the proposed children's service;

(e) the proposed ages of children to be educated and cared for by the children's service;

(f) the proposed maximum number of children to be educated and cared for by the children's service;

(g) the proposed hours and days of operation of the children's service;

(h) the proposed type of children's service being applied for and a description of the nature of the children's service;

Reg. 22(ha) inserted by S.R. No. 12/2024 reg. 10.

(ha) a description of any proposed regular transportation of children by or arranged by the children's service;

(i) a statement that the applicant has prepared the policies and procedures referred to in regulation 112;

(j) the full name and contact details, including the after-hours telephone number, of each nominated supervisor.

The application must include a nominated supervisor's written consent to the nomination unless the nominated supervisor is the approved provider—see section 43(e) of the Act.

23 Additional information about proposed children's service premises

(1) Subject to subregulation (2) and regulation 24, for the purposes of section 43(c) of the Act, the following information about the proposed children's service premises is prescribed for an application for a service approval for a children's service (in addition to the information required under regulation 22)—

(a) the location and street address of the proposed children's service premises;

(b) plans prepared by a building practitioner of the proposed children's service premises showing the following—

(i) the location of all buildings, structures, outdoor play areas and shaded areas;

(ii) the location of all entries and exits;

(iii) the location of all fences and gates, specifying the type of fence or gate used or to be used;

(iv) the location of toilet and washing facilities, nappy changing areas and any food preparation areas;

(v) the boundaries of the premises;

(vi) the landscape of, or landscaping plans for, outdoor spaces that will be used by the children's service, specifying the natural environments that are or will be provided;

(vii) a floor plan indicating unencumbered indoor and outdoor spaces suitable for children;

(viii) calculations, carried out by a building practitioner, of the areas referred to in regulations 76 and 77 relating to unencumbered indoor and outdoor space;

(ix) the elevation plans of the premises;

Reg. 23(1)(ba) inserted by S.R. No. 12/2024 reg. 11.

(ba) if the proposed children's service premises will be located within a multi-storey building shared with other occupants—

(i) the total number of storeys in the building; and

(ii) the storey or storeys on which the premises will be located; and

(iii) if the premises will be located on more than one storey, the ages of the children who will attend on each storey;

(c) if a swimming pool or other water hazard is situated on the proposed children's service premises, a copy of the service's proposed water safety policy;

(d) one of the following—

(i) a soil assessment for the site of the proposed children's service premises;

(ii) if a soil assessment for the site of the proposed children's service premises has previously been undertaken, a statement to that effect, specifying when the soil assessment was undertaken;

(iii) a statement made by the applicant that states that, to the best of the applicant's knowledge the site history does not indicate that the site is likely to be contaminated in a way that poses an unacceptable risk to the health of children;

(e) a copy of the planning permit for the proposed children's service premises if a planning permit is required under the planning and development law;

(f) a statement that the applicant has the right to occupy and use the premises and any document evidencing this;

A lease of the premises.

(g) a copy of any occupancy permit, certificate of final inspection, building certificate, certificate of classification or building surveyor's statement issued or given in respect of the final construction and fit out of the children's service premises;

Reg. 23(1)(h) amended by S.R. No. 80/2024 reg. 7(a).

(h) a statement made by a building practitioner that states that the children's service premises complies with the requirements under the building law and planning and development law;

Reg. 23(1)(i) inserted by S.R. No. 80/2024 reg. 7(b).

(i) if the proposed children's service premises has an approval in principle—

(i) the approval in principle number (if any); and

(ii) a statement made by the applicant that, to the best of the applicant's knowledge, the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or specified in, the approval in principle.

(2) If the approved provider is seeking to locate the children's service on a school site, the Regulatory Authority may determine that the requirements of subregulation (1)(b), (d), (e), (g) or (h) do not apply to the application for the service approval.

24 Application for service approval for a children's service—relocation of existing children's service

(1) This regulation applies if—

(a) an application for a service approval relates to a children's service that is an approved children's service; and

(b) the purpose of the application is to change the location of that service.

A service approval cannot be amended to change the location of a children's service—see section 53(8) of the Act.

(2) If the children's service is to be relocated for less than 12 months, the Regulatory Authority may determine that the requirements of regulation 23(1)(b) or (g) do not apply to the application for the service approval.

(3) If the children's service is to be relocated due to exceptional circumstances (whether for more or less than 12 months), the Regulatory Authority may determine that any of the following information is not required to be provided in the application for the service approval—

(a) the information set out in regulation 22(g);

(b) the contact details of the nominated supervisor set out in regulation 22(j);

Reg. 24(3)(c) amended by S.R. No. 12/2024 reg. 12.

(c) any of the information set out in regulation 23(1)(b), (ba), (c), (d), (e), (f) or (g).

(4) If the Regulatory Authority makes a determination under subregulation (3), the approved provider must provide the relevant information to the Regulatory Authority as soon as possible.

(5) A failure by the approved provider to provide the relevant information to the Regulatory Authority under subregulation (4) does not prevent the Regulatory Authority granting the service approval.

25 Additional matters to have regard to in determining application for service approval

For the purposes of section 46(1)(f) of the Act, the following matters are prescribed matters for the Regulatory Authority to have regard to in determining an application for a service approval under section 42 of the Act—

(a) any suspension of the applicant's provider approval;

Reg. 25(b) amended by S.R. No. 12/2024 reg. 13(a).

(b) any conditions of the applicant's provider approval;

Reg. 25(c) inserted by S.R. No. 12/2024 reg. 13(b).

(c) in the case of a proposed children's service to be located within a multi‑storey building shared with other occupants, for each storey on which the service is proposed to be located, whether there is direct egress to an assembly area to allow the safe evacuation of all children attending the service, including non-ambulatory children.

26 Additional grounds for refusal to grant service approval

For the purposes of section 48(2) of the Act, the following grounds for refusing to grant a service approval are prescribed—

(a) the Regulatory Authority is not satisfied that the applicant is capable of operating the proposed service in a way that meets the requirements of the Act or these Regulations;

The Regulatory Authority is not satisfied that the applicant is capable of maintaining premises or equipment or providing staff as required under the Act, whether because of financial or management capacity or another reason.

(b) the Regulatory Authority is not satisfied that the applicant is entitled to occupy the children's service premises.

27 Condition on service approval—insurance

For the purposes of section 50(3) of the Act, the prescribed insurance in respect of the children's service is—

(a) a current policy of insurance providing adequate cover for the children's service against public liability with a minimum cover of $10 000 000; or

(b) a policy of insurance or an indemnity against public liability provided by the State in respect of the children's service.

See regulation 121 for the requirement to keep evidence of prescribed insurance.

28 Condition on service approval—entitlement to occupy premises

For the purposes of section 50(6) of the Act, the service continuing to be entitled to occupy the children's service premises is a prescribed condition.

29 Prescribed matters included in copy of service approval

For the purposes of section 51(1)(i) of the Act, a copy of the service approval must state the type of children's service for which the service approval has been granted.

Regulation 7 provides that, for the purposes of these Regulations, there are 2 types of children's service—

(a) occasional care service; and

(b) limited hours service.

30 Annual fees

(1) For the purposes of section 52 of the Act, the prescribed annual fee for a service approval is the relevant annual fee set out in Schedule 2.

(2) The approved provider of a children's service must pay the relevant annual fee in respect of each service approval on or before 1 July each year.

(3) Despite subregulation (1), the prescribed annual fee for the financial year ending 30 June 2020 is nil.

Division 2—Amendment of service approval and notice of change to nominated supervisor

31 Prescribed information for application to amend service approval

For the purposes of section 53(2)(b) of the Act, the following information is prescribed for an application under section 53(1) of the Act for an amendment of a service approval—

(a) the name of the children' service;

(d) the details of the amendment applied for;

(e) sufficient information or documentation to support the application for amendment.

32 Notice of addition of new nominated supervisor

For the purposes of section 55(2)(b) of the Act, the following information is prescribed for a notice under section 55(1) of the Act to add a new nominated supervisor of a children's service—

(d) the full name and contact details of the new nominated supervisor;

(e) the date on which the new nominated supervisor commences or commenced work as a nominated supervisor.

A notice must include a nominated supervisor's written consent to the nomination unless the nominated supervisor is the approved provider—see section 55(2)(a) of the Act.

Division 3—Transfer of service approval

33 Notice of transfer of service approval

For the purposes of section 59(2)(b) of the Act, the following information is prescribed for a notice under section 59(1) of the Act of a transfer of a service approval for a children's service—

(c) the transferring approved provider's—

(i) name and contact details; and

(ii) provider approval number;

(d) the receiving approved provider's—

(i) name and contact details; and

(ii) provider approval number;

(e) the date on which the transfer is intended to take effect;

(f) the details of any proposed changes in relation to the information required to be provided under regulations 22 and 23.

34 Notification of decision to intervene in transfer of service approval

For the purposes of section 62(4)(b) of the Act, the following information is prescribed for a notification under section 62(2) of the Act of the decision to intervene in the transfer of a service approval—

(c) the name of the transferring approved provider;

(d) the name of the receiving approved provider;

(e) the matters about which the Regulatory Authority is concerned.

Division 4—Suspension of service approval

35 Maximum period of suspension of service approval

For the purposes of sections 72(b)(i) and 78(1)(a)(ii) of the Act, the prescribed maximum period of suspension of a service approval is 12 months.

36 Application for voluntary suspension of service approval

For the purposes of section 83(2)(b) of the Act, the following information is prescribed for an application under section 83(1) of the Act for the suspension of a service approval—

(d) the reasons for the suspension;

(e) the date on which the suspension is proposed to take effect and the duration of the suspension;

(f) a statement indicating that the approved provider has notified the parents of children enrolled at the children's service in accordance with section 83(4) of the Act.

Division 5—Service waiver

Reg. 37 amended by S.R. No. 12/2024 reg. 14.

37 Service waiver—prescribed requirements

For the purposes of section 85(1) of the Act, the requirements of regulations 73, 76, 77, 79 to 84, 88, 90, 91, 92 and 93 are prescribed.

38 Prescribed information—application for service waiver

For the purposes of section 86(b) of the Act, the following information is prescribed for an application under section 85 of the Act for a service waiver—

(d) a statement that specifies—

(i) the regulations in relation to which a service waiver is sought; and

(ii) the way in which the children's service does not or will not comply with the specified regulations;

(e) if the children's service is unable to comply with the specified regulations—

(i) the reasons that the children's service is unable to comply; and

(ii) details and evidence of any attempts made to comply with the specified regulations;

(f) the reasons that the children's service seeks the service waiver;

(g) the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the service while the service waiver is in force.

39 Prescribed period—revocation of service waiver

(1) For the purposes of section 90(3) of the Act, the prescribed period in relation to a revocation of a service waiver under section 90(1) of the Act is—

(a) 14 days after the Regulatory Authority notifies the approved provider of the decision to revoke; or

(b) if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.

(2) For the purposes of section 90(3) of the Act, the prescribed period in relation to a revocation of a service waiver under section 90(2) of the Act, is—

(a) 14 days after the Regulatory Authority notifies the approved provider of the approval of the application; or

(b) if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.

Division 6—Temporary waiver

40 Temporary waiver—prescribed requirements

Reg. 40 amended by S.R. No. 12/2024 reg. 15.

For the purposes of section 92 of the Act, the requirements of regulations 73, 76, 77, 79 to 84, 88, 90, 91, 92, 93 and 95 are prescribed.

41 Application for temporary waiver

For the purposes of section 93(b) of the Act, the following information is prescribed for an application under section 92 of the Act for a temporary waiver—

(d) a statement that specifies—

(i) the regulations in relation to which a temporary waiver is sought; and

(ii) the way in which the children's service does not or will not comply with the regulations;

(e) the reasons that the children's service is unable to comply with the specified regulations;

(f) details and evidence of any attempts made to comply with the specified regulations;

(g) the period for which a temporary waiver is sought and the reasons for seeking that period;

This period cannot exceed 12 months—see section 96(2) of the Act.

(h) details of steps that are being or will be taken in order to comply with the specified regulations;

(i) the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the service while the temporary waiver is in force.

Pt 3A (Heading and regs 41A–41E) inserted by S.R. No. 80/2024 reg. 8.

Part 3A—Premises approvals in principle

Reg. 41A inserted by S.R. No. 80/2024 reg. 8.

41A Application for approval in principle of proposed premises

For the purposes of section 100B(1)(c) of the Act, the following information is prescribed—

(a) if the applicant is an individual—

(i) the applicant's full name; and

(ii) any former or other name the applicant may be known by; and

(iii) proof of the applicant's identity;

(b) if the applicant is a person other than an individual—

(i) the applicant's name; and

(ii) any trading or other name used by the applicant; and

(iii) documentary evidence of the legal status of the applicant and its constitution;

(c) the applicant's ABN (if any);

(d) the applicant's provider approval number (if any);

(e) if the applicant does not have a provider approval number, whether the applicant has applied for a provider approval but the application has not been decided;

A provider approval is not required for an application for an approval in principle.

(f) the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;

(g) the name and contact details of the contact person for the purposes of the application;

(h) the location and street address of the proposed children's service premises;

(i) a description of the land on which the proposed children's service premises will be located;

(j) a soil assessment for the site of the proposed children's service premises;

(k) plans prepared by a building practitioner showing—

(i) all possible evacuation routes from each storey of the proposed children's service premises; and

(ii) the assembly area proposed to be used in an emergency evacuation of the proposed children's service premises;

(l) a description of—

(i) any other occupants or proposed occupants of the building in which the premises are proposed to be located; and

(ii) the types of any enterprises operating from properties within 50 metres of the proposed children's service premises;

A supermarket.

(m) a plan showing the direct sunlight to be received by the proposed children's service premises between 9.00 a.m. and 3.00 p.m. on the winter solstice and the summer solstice.

Reg. 41B inserted by S.R. No. 80/2024 reg. 8.

41B Application for amendment of approval in principle

For the purposes of section 100J(2)(b) of the Act, the following information is prescribed—

(b) the name of the approval in principle holder;

(f) the details of the amendment applied for;

(g) any plans prepared by a building practitioner that are relevant to the amendment applied for.

Reg. 41C inserted by S.R. No. 80/2024 reg. 8.

41C Notice of transfer of approval in principle

For the purposes of section 100M(3)(c) of the Act, the following information is prescribed—

(b) the name of the transferring approval in principle holder;

(c) the name and contact details of the contact person for the transferring approval in principle holder for the purposes of the transfer;

(f) if the receiving approval in principle holder is an individual—

(i) the individual's full name; and

(ii) any former or other name the individual may be known by; and

(iii) proof of the individual's identity;

(g) if the receiving approval in principle holder is a person other than an individual—

(i) the person's name; and

(ii) any trading or other name used by the person; and

(iii) documentary evidence of the legal status of the person and its constitution;

(h) the receiving approval in principle holder's ABN (if any);

(i) the receiving approval in principle holder's address and postal address or, if there is more than one address, the street address and postal address of the receiving approval in principle holder's principal office;

(j) the name and contact details of the contact person for the receiving approval in principle holder for the purposes of the transfer.

Reg. 41D inserted by S.R. No. 80/2024 reg. 8.

41D Application to extend approval in principle

For the purposes of section 100S(3)(b) of the Act, the following information is prescribed—

(b) the name of the approval in principle holder;

(f) the estimated date of completion of the construction, alteration or repair of the proposed children's service premises;

(g) details of any proposed application for a service approval in respect of the proposed children's service premises, including—

(i) the name of the approved provider (if any); and

(ii) the provider approval number (if any); and

(iii) the estimated date by which the application for a service approval will be made.

Reg. 41E inserted by S.R. No. 80/2024 reg. 8.

41E Application to reinstate approval in principle

For the purposes of section 100T(2)(b) of the Act, the following information is prescribed—

(b) the name of the approval in principle holder at the time of the expiry of the approval in principle;

(f) the estimated date of completion of the construction, alteration or repair of the proposed children's service premises;

(g) details of any proposed application for a service approval in respect of the proposed children's service premises, including—

(i) the name of the approved provider (if any); and

(ii) the provider approval number (if any); and

(iii) the estimated date by which the application for a service approval will be made.

Part 4—Operational requirements

Division 1—Educational program and practice

42 Educational program

(1) This Part applies in relation to the program (the educational program) that is required to be delivered under section 108 of the Act to a child being educated and cared for by a children's service.

(2) An educational program is to contribute to the following outcomes for each child—

(a) the child will have a strong sense of identity;

(b) the child will be connected with and contribute to his or her world;

(c) the child will have a strong sense of wellbeing;

(d) the child will be a confident and involved learner;

(e) the child will be an effective communicator.

43 Documenting of child assessments or evaluations for delivery of educational program

(1) The approved provider of the children's service must ensure that, for the purposes of the educational program, the following are documented—

(a) for a child preschool age or under—

(i) assessments of the child's developmental needs, interests, experiences and participation in the educational program; and

(ii) assessments of the child's progress against the outcomes of the educational program;

Reg. 43(1)(b) amended by S.R. No. 12/2024 reg. 16.

(b) for a child over preschool age, evidence of the development of the program.

(2) In preparing the documentation, the approved provider must—

(a) consider—

(i) the period of time that the child is being educated and cared for by the service; and

(ii) how the documentation will be used by the educators at the service; and

(b) prepare the documentation in a way that is readily understandable by the educators at the service and the parents of the child.

44 Information about educational program to be kept available

The approved provider of a children's service must ensure that—

(a) information about the contents and operation of the educational program for the service is displayed at the children's service premises at a place accessible to parents of children being educated and cared for by the service; and

(b) a copy of the educational program is available at the children's service premises.

45 Information about educational program to be given to parents

The approved provider of a children's service must ensure that a parent of a child being educated and cared for by the service is provided with the following information on request—

(a) information about the content and operation of the educational program so far as it relates to that child;

(b) information about the child's participation in the program;

(c) a copy of the documents kept under regulation 43 in respect of the child.

Division 2—Health, safety and wellbeing of children

46 Health, hygiene and safe food practices

(1) The approved provider of a children's service must ensure that nominated supervisors and staff members of, and volunteers at, the service implement—

(a) adequate health and hygiene practices; and

(b) safe practices for handling, preparing and storing food—

to minimise risks to children being educated and cared for by the service.

(2) A nominated supervisor of a children's service must implement, and ensure that all staff members of, and volunteers at, the service implement—

(a) adequate health and hygiene practices; and

(b) safe practices for handling, preparing and storing food—

to minimise risks to children being educated and cared for by the service.

47 Food and beverages

(1) The approved provider of a children's service must ensure that children being educated and cared for by the service—

(a) have access to safe drinking water at all times; and

(b) are offered food and beverages appropriate to the needs of each child on a regular basis throughout the day.

(2) A nominated supervisor of a children's service must ensure that children being educated and cared for by the service—

(a) have access to safe drinking water at all times; and

(b) are offered food and beverages on a regular basis throughout the day.

48 Service providing food and beverages

(1) The approved provider of a children's service that provides food or a beverage to children being educated and cared for by the service must ensure that—

(a) the food or beverage provided is nutritious and adequate in quantity; and

(b) the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—

(i) each child's growth and development needs; and

(ii) any specific cultural, religious or health requirements.

(2) A nominated supervisor of a children's service that provides food or a beverage to children being educated and cared for by the service must ensure that—

(a) the food or beverage provided is nutritious and adequate in quantity; and

(b) the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—

(i) each child's growth and development needs; and

(ii) any specific cultural, religious or health requirements.

(3) To avoid doubt, this regulation does not apply to food or a beverage provided by a parent or family member for consumption by the child.

49 Weekly menu

(1) The approved provider of a children's service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu—

(a) is displayed at a place at the children's service premises accessible to parents of children being educated and cared for by the service; and

(b) accurately describes the food and beverages to be provided by the service each day.

(2) A nominated supervisor of a children's service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu—

(a) is displayed at a place at the children's service premises accessible to parents of children being educated and cared for by the service; and

(b) accurately describes the food and beverages to be provided by the service each day.

(3) To avoid doubt, this regulation does not apply to food and beverages provided by a parent or family member for consumption by the child.

Reg. 50 revoked by S.R. No. 12/2024 reg. 17.

51 Tobacco, drug and alcohol-free environment

The approved provider of a children's service must ensure that children being educated and cared for by the service are provided with an environment that is free from the use of tobacco, illicit drugs and alcohol.

52 Staff members not to be affected by alcohol or drugs

(1) The approved provider of a children's service must ensure that a nominated supervisor or a staff member of, or volunteer at, the service is not affected by alcohol or drugs (including prescription medication) so as to impair the person's capacity to supervise or provide education and care to children being educated and cared for by the service.

(2) A nominated supervisor of a children's service must not, while educating and caring for children for the service—

(a) consume alcohol; or

(b) be affected by alcohol or drugs (including prescription medication) so as to impair the supervisor's capacity to supervise or provide education and care to the children.

Reg. 53 substituted by S.R. No. 12/2024 reg. 18.

53 Awareness of child protection law

(1) The approved provider of a children's service must ensure that a person specified in subregulation (2) is advised of—

(a) the existence and application of any child protection law; and

(b) any obligations that the person may have under that law.

(2) The following persons are specified—

(a) a nominated supervisor of the service;

(b) a staff member of the service;

(c) a volunteer at the service;

(d) a student who participates in the service.

Pt 4 Div. 2A (Heading and regs 53A–53D) inserted by S.R. No. 12/2024 reg. 19.

Division 2A—Sleep and rest

Reg. 53A inserted by S.R. No. 12/2024 reg. 19.

53A Sleep and rest

(1) The approved provider of a children's service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, developmental stages and individual needs of the children.

(2) A nominated supervisor of a children's service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, developmental stages and individual needs of the children.

Reg. 53B inserted by S.R. No. 12/2024 reg. 19.

53B Sleep and rest policies and procedures

The sleep and rest policies and procedures required under regulation 112(2)(a)(v) must address—

(a) how children will be protected from any risks identified in a risk assessment conducted under regulation 53C; and

(b) how the sleep and rest needs of children being educated and cared for by the service are met, including how the ages, developmental stages and the sleep and rest needs of individual children are considered; and

(c) how the health care needs of individual children being educated and cared for by the service are met; and

(d) how requests from families about a child's sleep and rest and cultural preferences are considered; and

(e) supervision and monitoring 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) the documentation of sleep and rest periods; and

(f) how the sleep and rest practices at 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; and

(g) the induction, training and knowledge of staff who educate and care for children at the service in relation to best practices for children's sleep and rest; and

(h) the location and arrangement of sleep and rest areas at the service and how this meets the sleep and rest needs of children being educated and cared for by the service; and

(i) safety and suitability of cots, bedding and bedding equipment, having regard to the ages and developmental stages of children who will use the cots, bedding and bedding equipment; and

(j) management of potential hazards—

(i) in sleep and rest areas; and

(ii) on a child during sleep and rest periods; and

(k) management of physical safety and suitability of sleep and rest environments (including temperature, lighting and ventilation); and

(l) communication of the sleep and rest policies and procedures to a parent.

Reg. 53C inserted by S.R. No. 12/2024 reg. 19.

53C Risk assessment for purposes of sleep and rest policies and procedures

(1) The approved provider of a children's service must ensure that a sleep and rest risk assessment is conducted in accordance with this regulation—

(b) as soon as practicable after becoming aware of any circumstance that may affect the safety, health or wellbeing of children during sleep and rest.

(2) A risk assessment must consider the following—

(a) the number, ages and developmental stages of children being educated and cared for by the service;

(b) the sleep and rest needs of children being educated and cared for (including health care needs, cultural preferences, sleep and rest needs of individual children and requests from families about a child's sleep and rest) by the service;

(c) the suitability of staffing arrangements to adequately supervise and monitor children during sleep and rest periods;

(d) the level of knowledge and training of staff supervising children during sleep and rest periods;

(e) the location of sleep and rest areas, including the arrangement of cots and beds within the sleep and rest areas at the service;

(f) the safety and suitability of any cots, beds and bedding equipment, having regard to the ages and developmental stages of the children who will use the cots, bed and bedding equipment;

(g) any potential hazards—

(i) in sleep and rest areas; or

(ii) on a child during sleep and rest periods;

(h) the physical safety and suitability of sleep and rest environments (including temperature, lighting and ventilation) at the service.

(3) As soon as practicable after conducting a risk assessment under this regulation, the approved provider of a children's service must make any necessary updates to the sleep and rest policies and procedures.

(4) The approved provider must keep a record of each risk assessment conducted under this regulation.

Reg. 53D inserted by S.R. No. 12/2024 reg. 19.

53D Prohibition of bassinets

(1) The approved provider of a children's service must ensure that a bassinet is not on the children's service premises at any time during which children are being educated and cared for by the service.

(2) A nominated supervisor of a children's service must ensure that a bassinet is not on the children's service premises at any time during which children are being educated and cared for by the service.

Division 3—Incidents, injury, trauma and illness

54 Incident, injury, trauma and illness policies and procedures

The incident, injury, trauma and illness policies and procedures of a children's service required under regulation 112 must include policies and procedures to be followed by nominated supervisors and staff members of, and volunteers at, the service in the event that a child, while being educated and cared for by the service—

(a) is injured; or

(b) becomes ill; or

(c) suffers a trauma.

55 Notification to parents of incident, injury, trauma and illness

The approved provider of a children's service must ensure that a parent of a child being educated and cared for by the service is notified as soon as practicable, but not later than 24 hours after the occurrence, if the child is involved in any incident, injury, trauma or illness while the child is being educated and cared for by the children's service.

56 Incident, injury, trauma and illness record

(1) The approved provider of a children's service must ensure that an incident, injury, trauma and illness record is kept in accordance with this regulation.

(2) The incident, injury, trauma and illness record must include—

(a) details of any incident in relation to a child or injury received by a child or trauma to which a child has been subjected while being educated and cared for by the children's service, including—

(i) the name and age of the child; and

(ii) the circumstances leading to the incident, injury or trauma; and

(iii) the time and date the incident occurred, the injury was received or the child was subjected to the trauma; and

(b) details of any illness which becomes apparent while the child is being educated and cared for by the children's service including—

(i) the name and age of the child; and

(ii) the relevant circumstances surrounding the child becoming ill and any apparent symptoms; and

(iii) the time and date of the apparent onset of the illness; and

(c) details of the action taken by the children's service in relation to any incident, injury, trauma or illness which a child has suffered while being educated and cared for by the children's service, including—

(i) any medication administered or first aid provided; and

(ii) any medical personnel contacted; and

(d) details of any person who witnessed the incident, injury or trauma; and

(e) the name of any person—

(i) whom the children's service notified or attempted to notify, of any incident, injury, trauma or illness which a child has suffered while being educated and cared for by the children's service; and

(ii) the time and date of the notifications or attempted notifications; and

(f) the name and signature of the person making an entry in the record, and the time and date that the entry was made.

(3) The information referred to in subregulation (2) must be included in the incident, injury, trauma and illness record as soon as practicable, but not later than 24 hours after the incident, injury or trauma, or the onset of the illness.

57 Infectious diseases

(1) If there is an occurrence of an infectious disease at a children's service, the approved provider of the service must ensure that reasonable steps are taken to prevent the spread of the infectious disease at the service.

(2) If there is an occurrence of an infectious disease at a children's service, the approved provider of the service must ensure that a parent or an authorised emergency contact of each child being educated and cared for by the service is notified of the occurrence as soon as practicable.

58 First aid kits

The approved provider of a children's service must ensure that, wherever the service is providing education and care to children—

(a) an appropriate number of first aid kits are kept having regard to the number of children being educated and cared for by the service; and

(b) the first aid kits are suitably equipped; and

(c) the first aid kits are easily recognisable and readily accessible to adults, having regard to the design of the children's service premises.

Division 4—Medical conditions policy

59 Medical conditions policy

(1) The medical conditions policy of a children's service must set out practices in relation to the following—

(a) the management of medical conditions, including asthma, diabetes or a diagnosis that a child is at risk of anaphylaxis;

(b) informing nominated supervisors and staff members of, and volunteers at, the service of practices in relation to managing those medical conditions;

(c) the requirements arising if a child enrolled at the children's service has a specific health care need, allergy or relevant medical condition, including—

(i) requiring a parent of the child to provide a medical management plan for the child; and

(ii) requiring the medical management plan to be followed in the event of an incident relating to the child's specific health care need, allergy or relevant medical condition; and

(iii) requiring the development of a risk-minimisation plan in consultation with the parents of a child—

(A) to ensure that the risks relating to the child's specific health care need, allergy or relevant medical condition are assessed and minimised; and

(B) if relevant, to ensure that practices and procedures in relation to the safe handling, preparation, consumption and service of food are developed and implemented; and

(C) if relevant, to ensure that practices and procedures to ensure that the parents are notified of any known allergens that pose a risk to a child and strategies for minimising the risk are developed and implemented; and

(D) to ensure that practices and procedures ensuring that all staff members and volunteers can identify the child, the child's medical management plan and the location of the child's medication are developed and implemented; and

(E) if relevant, to ensure that practices and procedures ensuring that the child does not attend the service without medication prescribed by the child's registered medical practitioner in relation to the child's specific health care need, allergy or relevant medical condition are developed and implemented; and

(iv) requiring the development of a communications plan to ensure that—

(A) relevant staff members and volunteers are informed about the medical conditions policy and the medical management plan and risk minimisation plan for the child; and

(B) a child's parent can communicate any changes to the medical management plan and risk minimisation plan for the child, setting out how that communication can occur.

(2) The medical conditions policy of the children's service must set out practices in relation to self‑administration of medication by children over preschool age if the service permits that self‑administration.

(3) In subregulation (2), the practices must include any practices relating to recording in the medication record for a child of notifications from the child that medication has been self‑administered.

60 Medical conditions policy to be provided to parents

The approved provider of a children's service must ensure that a copy of the medical conditions policy document is provided to the parent of a child enrolled at a children's service if the provider is aware that the child has a specific health care need, allergy or other relevant medical condition.

Division 5—Administration of medication

61 Medication record

(1) The approved provider of a children's service must ensure that a medication record is kept that includes the details set out in subregulation (2) for each child to whom medication is or is to be administered while being educated and cared for by the service (including, if applicable, self-administration).

(2) The details to be recorded are—

(a) the name of the child; and

(b) the authorisation to administer medication, signed by a parent or a person named in the child's enrolment record as authorised to consent to administration of medication; and

(c) the name of the medication to be administered; and

(d) the time and date the medication was last administered; and

(e) the time and date, or the circumstances under which, the medication should be next administered; and

(f) the dosage of the medication to be administered; and

(g) the manner in which the medication is to be administered; and

(h) if the medication is administered to the child—

(i) the dosage that was administered; and

(ii) the manner in which the medication was administered; and

(iii) the time and date the medication was administered; and

(iv) the name and signature of the person who administered the medication; and

(v) if another person is required under regulation 64 to check the dosage and administration, the name and signature of that person.

62 Administration of medication

(1) The approved provider of a children's service must ensure that medication is not administered to a child being educated and cared for by the service unless—

(a) that administration is authorised; and

(b) the medication is administered in accordance with regulation 64 or 65.

(2) The approved provider of a children's service must ensure that written notice is given to a parent or other family member of a child as soon as practicable if medication is administered to the child under an authorisation referred to in subregulation (4)(b).

(3) A nominated supervisor of a children's service must ensure that medication is not administered to a child being educated and cared for by the service unless—

(a) that administration is authorised; and

(b) the medication is administered in accordance with regulation 64 or 65.

(4) In this regulation the administration of medication to a child is authorised if an authorisation to administer the medication—

(a) is recorded in the medication record for that child under regulation 61; or

(b) in the case of an emergency, is given verbally by—

(i) a parent or a person named in the child's enrolment record as authorised to consent to administration of medication; or

(ii) if a parent or person named in the enrolment record cannot reasonably be contacted in the circumstances, a registered medical practitioner or emergency service personnel.

63 Exception to authorisation requirement—anaphylaxis or asthma emergency

(1) Despite regulation 62, medication may be administered to a child without an authorisation in case of an anaphylaxis or asthma emergency.

(2) If medication is administered under this regulation, the approved provider or a nominated supervisor of the children's service must ensure that the following are notified as soon as practicable—

(a) a parent of the child;

(b) emergency services.

64 Procedure for administration of medication

Subject to regulation 65, if medication is administered to a child being educated and cared for by a children's service—

(a) the medication must be administered—

(i) if the medication has been prescribed by a registered medical practitioner, from its original container, bearing the original label with the name of the child to whom the medication is to be administered, and before the expiry or use by date; or

(ii) from its original container, bearing the original label and instructions and before the expiry or use by date; and

(b) the medication must be administered in accordance with any instructions—

(i) attached to the medication; or

(ii) any written or verbal instructions provided by a registered medical practitioner; and

(c) except in the case of a children's service that is permitted to have only one educator to educate and care for children, the following must be checked by a person other than the person administering the medication—

(i) the dosage of the medication to be administered;

(ii) the identity of the child to whom the medication is to be administered.

65 Self-administration of medication

The approved provider of a children's service may permit a child over preschool age to self‑administer medication if an authorisation for the child to self-administer medication is recorded in the medication record for the child under regulation 61.

Division 6—Emergencies and communication

66 Emergency and evacuation procedures

(1) The emergency and evacuation procedures required under regulation 112 must set out—

(a) instructions for what must be done in the event of an emergency; and

Reg. 66(1)(b) amended by S.R. No. 12/2024 reg. 20(1).

(b) an emergency and evacuation floor plan; and

Reg. 66(1)(c) inserted by S.R. No. 12/2024 reg. 20(2).

(c) if the children's service premises is located within a multi-storey building shared with other occupants and on a storey with no direct egress to an assembly area—

(i) all possible evacuation routes from each storey on which the premises is located; and

(ii) the evacuation routes that are proposed to be used in an evacuation; and

(iii) how all children will be safely evacuated from the premises, including non-ambulatory children; and

(iv) the stages in which an evacuation will be carried out; and

(v) the identity of the person in charge of an evacuation; and

(vi) the roles and responsibilities of staff members during an evacuation; and

(vii) the arrangements made with the other occupants of the multi-storey building in relation to the evacuation of the multi-storey building.

(2) For the purposes of preparing the emergency and evacuation procedures, the approved provider of a children's service must ensure that a risk assessment is conducted to identify potential emergencies that are relevant to the service.

Reg. 66(2A) inserted by S.R. No. 12/2024 reg. 20(3).

(2A) The approved provider of a children's service must review the risk assessment conducted under subregulation (2)—

(b) as soon as practicable after becoming aware of any circumstance that may affect the safe evacuation of children from the service.

Reg. 66(2B) inserted by S.R. No. 12/2024 reg. 20(3).

(2B) As soon as practicable after reviewing the risk assessment under subregulation (2A), the approved provider of a children's service must make any necessary updates to the emergency and evacuation policies and procedures.

(3) The approved provider of a children's service must ensure that—

(a) the emergency and evacuation procedures are rehearsed every 3 months by the staff members, volunteers and children present at the service on the day of the rehearsal and the responsible person in relation to the service who is present at the time of the rehearsal; and

(b) the rehearsals of the emergency and evacuation procedures are documented.

(4) The approved provider of a children's service must ensure that a copy of the emergency and evacuation floor plan and instructions are displayed in a prominent position near each exit at the children's service premises.

67 Telephone or other communication equipment

The approved provider of a children's service must ensure that, when educating or caring for children as part of the service, nominated supervisors and staff members of the service have ready access to an operating telephone or other similar means of communication to enable immediate communication to and from parents and emergency services.

Fixed-line telephone, mobile phone, satellite phone, 2-way radio, video conferencing equipment.

Division 7—Collection of children from premises and excursions

68 Children leaving the children's service premises

(1) The approved provider of a children's service must ensure that a child who is being educated and cared for by the children's service does not leave the children's service premises except in accordance with subregulation (3).

(2) A nominated supervisor of a children's service must ensure that a child who is being educated and cared for by the children's service does not leave the children's service premises except in accordance with subregulation (3).

(3) The child may only leave the relevant premises if the child—

(a) is given into the care of—

(i) a parent of the child; or

(ii) an authorised nominee named in the child's enrolment record; or

(iii) a person authorised by a parent or authorised nominee named in the child's enrolment record to collect the child from the premises; or

(b) leaves the premises in accordance with the written authorisation of the child's parent or authorised nominee named in the child's enrolment record; or

(c) is taken on an excursion in accordance with this Division; or

Reg. 68(3)(ca) inserted by S.R. No. 12/2024 reg. 21.

(ca) is transported by the service or on transportation arranged by the service in accordance with Division 7B; or

(d) is given into the care of a person or taken outside the premises—

(i) because the child requires medical, hospital or ambulance care or treatment; or

(ii) because of another emergency.

(4) Nothing in this regulation affects the operation of any court order that prohibits a parent from—

(a) collecting a child from the children's service premises; or

(b) authorising a child to leave the children's service premises.

69 Risk assessment must be conducted before excursion

Reg. 69(1) amended by S.R. No. 12/2024 reg. 22.

(1) The approved provider of a children's service must ensure a risk assessment is carried out in accordance with regulation 70 before an authorisation referred to in regulation 71(3) is sought for an excursion.

Reg. 69(2) amended by S.R. No. 12/2024 reg. 22.

(2) A nominated supervisor of a children's service must ensure a risk assessment is carried out in accordance with regulation 70 before an authorisation referred to in regulation 71(3) is sought for an excursion.

(3) A risk assessment is not required under this regulation for an excursion if—

(a) the excursion is a regular outing; and

(b) a risk assessment has been conducted for the excursion not more than 12 months before the excursion is to occur.

70 Conduct of risk assessment for excursion

(1) A risk assessment for an excursion must—

(a) identify and assess risks that the excursion may pose to the safety, health or wellbeing of any child being taken on the excursion; and

(2) Without limiting subregulation (1), a risk assessment must consider—

(a) the proposed route and destination for the excursion; and

(b) any water hazards; and

(c) any risks associated with water-based activities; and

Reg. 70(2)(d) substituted by S.R. No. 12/2024 reg. 23.

(d) if the excursion involves transporting children—

(i) the means of transport; and

(ii) any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the child is being transported; and

(iii) the process for entering and exiting—

(A) the children's service premises; and

(B) the pick-up location or destination (as required); and

(iv) procedures for embarking and disembarking the means of transport, including how each child is to be accounted for on embarking and disembarking; and

(e) the number of adults and children involved in the excursion; and

(f) given the risks posed by the excursion, the number of educators or other responsible adults that is appropriate to provide supervision and whether any adults with specialised skills are required; and

Specialised skills could include life-saving skills.

(g) the proposed activities; and

(h) the proposed duration of the excursion; and

(i) the items that should be taken on the excursion.

A mobile phone and a list of emergency contact numbers for children on the excursion.

71 Authorisation for excursions

(1) The approved provider of a children's service must ensure that a child being educated and cared for by the service is not taken outside the children's service premises on an excursion unless written authorisation has been given under subregulation (3).

(2) A nominated supervisor of a children's service must ensure that a child being educated and cared for by the service is not taken outside the children's service premises on an excursion unless written authorisation has been given under subregulation (3).

Reg. 71(3) amended by S.R. No. 12/2024 reg. 24(a).

(3) The authorisation must be given by a parent or other person named in the child's enrolment record as having authority, given by a parent, to authorise the taking of the child outside the children's service premises by an educator and must state—

(a) the child's name; and

(b) the reason the child is to be taken outside the premises; and

Reg. 71(3)(c) substituted by S.R. No. 12/2024 reg. 24(b).

(c) if the authorisation is for a regular outing, a description of when the child is to be taken on the regular outings; and

Reg. 71(3)(ca) inserted by S.R. No. 12/2024 reg. 24(b).

(ca) if the authorisation is for an excursion that is not a regular outing, the date the child is to be taken on the excursion; and;

(d) a description of the proposed destination for the excursion; and

Reg. 71(3)(e) substituted by S.R. No. 12/2024 reg. 24(c).

(e) if the excursion involves transporting children—

(i) the means of transport; and

(ii) any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the child is being transported; and

(f) the proposed activities to be undertaken by the child during the excursion; and

(g) the period the child will be away from the premises; and

(h) the anticipated number of children likely to be attending the excursion; and

(i) the anticipated ratio of educators attending the excursion to the anticipated number of children attending the excursion; and

(j) the anticipated number of staff members and any other adults who will accompany and supervise the children on the excursion; and

(k) that a risk assessment has been prepared and is available at the service.

(4) If the excursion is a regular outing, the authorisation is only required to be obtained once in a 12‑month period.

Pt 4 Div. 7A (Heading and regs 71A–71C) inserted by S.R. No. 12/2024 reg. 25.

Division 7A—Safe arrival of children

Reg. 71A inserted by S.R. No. 12/2024 reg. 25.

71A Definition

In this Division—

education or early childhood service means—

(a) a school; or

(b) an education and care service; or

(c) a children's service; or

(d) any other service which provides education or care to children.

Reg. 71B inserted by S.R. No. 12/2024 reg. 25.

71B Safe arrival of children policies and procedures

(1) The safe arrival of children policies and procedures required under regulation 112(2)(gb) must set out the procedures to be followed by a children's service to ensure the safe arrival of children who travel between a children's service and any other education or early childhood service.

(2) In preparing the safe arrival of children policies and procedures, the approved provider of a children's service must consult with—

(a) staff of the service; and

(b) parents of children being educated and cared for by the service; and

(c) children being educated and cared for by the service (if applicable).

Reg. 71C inserted by S.R. No. 12/2024 reg. 25.

71C Risk assessment for the purposes of safe arrival of children policies and procedures

(1) For the purposes of preparing the safe arrival of children policies and procedures under regulation 71B(1), the approved provider of a children's service must ensure that a risk assessment is conducted in accordance with this regulation.

(2) The approved provider must conduct a risk assessment—

(b) as soon as practicable after becoming aware of any circumstance that may affect the safe arrival of children travelling between a children's service and any other education or early childhood service.

(3) A risk assessment must—

(a) identify and assess any risks that a child's travel between a children's service and any other education or early childhood service may pose to the safety, health or wellbeing of the child; and

(4) Without limiting subregulation (3), a risk assessment must consider the following, in respect of a child who travels between a children's service and any other education or early childhood service—

(a) the age, developmental stage and individual needs of the child;

(b) the role and responsibilities of the following persons (if applicable)—

(i) the nominated supervisor of each service;

(ii) the child's parent;

(iii) an authorised nominee named in the child's enrolment record;

(iv) a person authorised by—

(A) the child's parent; or

(B) an authorised nominee named in the child's enrolment record;

(c) the role and responsibilities of the service the care of which the child is entering or leaving;

(d) the communication arrangements between the service the child is leaving and the service the child is entering including any communication arrangements if the child is missing or cannot be accounted for during the child's travel;

(e) the procedure to be followed by the service if the service has identified that the child is missing or cannot be accounted for during the child's travel;

(f) given the risks posed by the child's travel, the number of educators or other responsible adults that are appropriate to provide supervision;

(g) the proposed route and destination, including any proximity to harm and hazards;

(h) the process for entering and exiting—

(i) the service premises; and

(ii) the pick-up location or destination (as required);

(i) the procedure to be followed by the service to ensure the child leaves the service premises in accordance with regulation 68(3)(b).

(5) If, after conducting a risk assessment, a risk relating to a child's travel is identified, the approved provider must make any necessary updates to the safe arrival of children policies and procedures as soon as practicable.

(6) The approved provider must keep a record of each risk assessment conducted under this regulation.

Pt 4 Div. 7B (Heading and regs 71D–71I) inserted by S.R. No. 12/2024 reg. 25.

Division 7B—Transportation of children other than as part of an excursion

Reg. 71D inserted by S.R. No. 12/2024 reg. 25.

71D Application of Division

This Division does not apply to transportation of a child by or arranged by a children's service that is undertaken as part of an excursion.

Reg. 71E inserted by S.R. No. 12/2024 reg. 25.

71E Transport risk assessment must be conducted before service transports child

(1) The approved provider of a children's service must ensure a risk assessment is carried out in accordance with regulation 71F before an authorisation referred to in regulation 71G(3) is sought to transport a child.

(2) A nominated supervisor of a children's service must ensure a risk assessment is carried out in accordance with regulation 71F before an authorisation referred to in regulation 71G(3) is sought to transport a child.

(3) A risk assessment is not required under this regulation for transporting a child if—

(a) the transportation is regular transportation; and

(b) a risk assessment has been conducted for the regular transportation of the child within the previous 12 months.

Reg. 71F inserted by S.R. No. 12/2024 reg. 25.

71F Conduct of risk assessment for transporting of children by the children's service

(1) A risk assessment for the transportation of a child by or arranged by the children's service must—

(a) identify and assess risks that transporting the child may pose to the safety, health or wellbeing of the child; and

(2) Without limiting subregulation (1), a risk assessment must consider—

(a) the proposed route and duration of the transportation; and

(b) the proposed pick-up location and destination; and

(c) the means of transport; and

(d) any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the child is being transported; and

(e) any water hazards; and

(f) the number of adults and children involved in the transportation; and

(g) given the risks posed by transportation, the number of educators or other responsible adults that is appropriate to provide supervision and whether any adults with specialised skills are required; and

(h) whether any items should be readily available during transportation; and

A mobile phone and a list of emergency contact numbers for the children being transported.

(i) the process for entering and exiting—

(i) the children's service premises; and

(ii) the pick-up location or destination (as required); and

(j) procedures for embarking and disembarking the means of transport, including how each child is to be accounted for on embarking and disembarking.

Reg. 71G inserted by S.R. No. 12/2024 reg. 25.

71G Authorisation for service to transport children

(1) The approved provider of a children's service must ensure that a child being educated and cared for by the service is not transported by the service or on transportation arranged by the service unless written authorisation has been given under subregulation (3).

(2) A nominated supervisor of a children's service must ensure that a child being educated and cared for by the service is not transported by the service or on transportation arranged by the service unless written authorisation has been given under subregulation (3).

(3) The authorisation must be given by a parent or other person named in the child's enrolment record as having authority, given by a parent, to authorise the child being transported by the service or on transportation arranged by the service and must state—

(a) the child's name; and

(b) the reason the child is to be transported; and

(c) if the authorisation is for regular transportation, a description of when the child is to be transported; and

(d) if the authorisation is not for regular transportation, the date the child is to be transported; and

(e) a description of the proposed pick-up location and destination; and

(f) the means of transport; and

(g) the period of time during which the child is to be transported; and

(h) the anticipated number of children likely to be transported; and

(i) the anticipated number of staff members and any other adults who will accompany and supervise the children during the transportation; and

(j) any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the child is being transported; and

(k) that a risk assessment has been prepared and is available at the children's service; and

(l) that written policies and procedures for transporting children are available at the children's service.

(4) If the transportation is regular transportation, the authorisation is only required to be obtained once in a 12 month period.

Reg. 71H inserted by S.R. No. 12/2024 reg. 25.

71H Children embarking a means of transport

(1) This regulation applies in relation to the regular transportation of children by or arranged by a children's service.

(2) The approved provider of the service must ensure the requirements under subregulation (4) are complied with in relation to children embarking a means of transport at the children's service premises.

(3) A nominated supervisor of the service must ensure the requirements under subregulation (4) are complied with in relation to children embarking a means of transport at the children's service premises.

(4) The requirements are that—

(a) a staff member or nominated supervisor of the service, who is not driving the means of transport, is present when the children embark the means of transport at the children's service premises; and

(b) each child embarking the means of transport at the children's service premises is accounted for by the person referred to in paragraph (a); and

(c) immediately after all the children have embarked the means of transport at the children's service premises, a record is made that—

(i) confirms each child referred to in paragraph (b) has been accounted for; and

(ii) states how each child referred to in paragraph (b) has been accounted for; and

(iii) states the date and time the record is made; and

(iv) states the name of, and is signed by, the person referred to in paragraph (a).

(5) Nothing in this regulation prevents the person referred to in subregulation (4)(a) from being counted as an educator in calculating the educator to child ratio of the service under Subdivision 2 of Division 11 of Part 4.

Reg. 71I inserted by S.R. No. 12/2024 reg. 25.

71I Children disembarking a means of transport

(1) This regulation applies in relation to the regular transportation of children by or arranged by a children's service.

(2) The approved provider of the service must ensure the requirements under subregulation (4) are complied with in relation to children disembarking a means of transport at the children's service premises.

(3) A nominated supervisor of the service must ensure the requirements under subregulation (4) are complied with in relation to children disembarking a means of transport at the children's service premises.

(4) The requirements are that—

(a) a staff member or nominated supervisor of the service, who is not driving the means of transport, is present when the children disembark the means of transport at the children's service premises; and

(b) each child disembarking the means of transport at the children's service premises is accounted for by the person referred to in paragraph (a); and

(c) the person referred to in paragraph (a) examines the interior of the means of transport to confirm no children remain on the means of transport; and

(d) immediately after all the children have disembarked the means of transport at the children's service premises, a record is made that—

(i) confirms each child referred to in paragraph (b) has been accounted for; and

(ii) states how each child referred to in paragraph (b) has been accounted for; and

(iii) states the examination referred to in paragraph (c) has been carried out; and

(iv) states the date and time the record is made; and

(v) states the name of, and is signed by, the person referred to in paragraph (a).

(5) Nothing in this regulation prevents the person referred to in subregulation (4)(a) from being counted as an educator in calculating the educator to child ratio of the service under Subdivision 2 of Division 11 of Part 4.

Division 8—Physical environment

72 Premises, furniture and equipment to be safe, clean and in good repair

The approved provider of a children's service must ensure that the children's service premises and all equipment and furniture used in providing the children's service are safe, clean and in good repair.

73 Fencing

(1) The approved provider of a children's service must ensure that any outdoor space used by children at the children's service premises is enclosed by a fence or barrier that is of a height and design that children preschool age or under cannot go through, over or under it.

(2) This regulation does not apply to a children's service that primarily provides education and care to children over preschool age.

74 Furniture, materials and equipment

The approved provider of a children's service must ensure that each child being educated and cared for by the children's service has access to sufficient furniture, materials and developmentally appropriate equipment suitable for the education and care of that child.

75 Laundry and hygiene facilities

(1) The approved provider of a children's service must ensure that the service has—

(a) laundry facilities or access to laundry facilities; or

(b) other arrangements for dealing with soiled clothing, nappies and linen, including hygienic facilities for storage prior to their disposal or laundering—

that are adequate and appropriate for the needs of the service.

(2) The approved provider of the service must ensure that laundry and hygienic facilities are located and maintained in a way that does not pose a risk to children.

76 Space requirements—indoor space

(1) The approved provider of a children's service must ensure that, for each child being educated and cared for by the service, the children's service premises has at least 3·25 square metres of unencumbered indoor space.

(2) In calculating the area of unencumbered indoor space—

(a) the following areas are to be excluded—

(i) any passageway or thoroughfare (including door swings);

(ii) any toilet and hygiene facilities;

(iii) any nappy changing area or area for preparing bottles;

(iv) any area permanently set aside for the use or storage of cots;

(v) any area permanently set aside for storage;

(vi) any area or room for staff or administration;

(vii) any other space that is not suitable for children; and

(b) the area of a kitchen is to be excluded, unless the kitchen is primarily to be used by children as part of an educational program provided by the service.

(3) The area of a verandah may be included in calculating the area of indoor space only with the written approval of the Regulatory Authority.

(4) A verandah that is included in calculating the area of outdoor space cannot be included in calculating the area of indoor space.

(5) In this regulation a reference to a child does not include a child being educated or cared for in an emergency in the circumstances set out in regulation 90(4).

77 Space requirements—outdoor space

(1) This regulation applies to an occasional care service other than an occasional care service that—

(a) is a former limited hours Type 2 service; and

(b) does not provide education and care to any child who attends the service for more than—

(i) 5 hours per day; and

(ii) 15 hours per week.

(2) The approved provider of an occasional care service must ensure that, for each child being educated and cared for by the service, the children's service premises has at least 7 square metres of unencumbered outdoor space.

(3) In calculating the area of unencumbered outdoor space required, the following areas are to be excluded—

(a) any pathway or thoroughfare, except where used by children as part of the education and care program;

(b) any car parking area;

(c) any storage shed or other storage area;

(d) any other space that is not suitable for children.

(4) A verandah that is included in calculating the area of indoor space cannot be included in calculating the area of outdoor space.

(5) An area of unencumbered indoor space may be included in calculating the outdoor space of a service that provides education and care to children over preschool age if—

(a) the Regulatory Authority has given written approval; and

(b) that indoor space has not been included in calculating the indoor space under regulation 76.

(6) In this regulation a reference to a child does not include a child being educated or cared for in an emergency in the circumstances set out in regulation 90(4).

(7) In this regulation, a former limited hours Type 2 service means a children's service in respect of which a licence to operate a limited hours Type 2 service was issued and in force immediately before the commencement day.

78 Toilet and hygiene facilities

The approved provider of a children's service must ensure that—

(a) adequate, developmentally and age-appropriate toilet, washing and drying facilities are provided for use by children being educated and cared for by the service; and

(b) the location and design of the toilet, washing and drying facilities enable safe use and convenient access by the children.

79 Ventilation and natural light

The approved provider of a children's service must ensure that the indoor spaces used by children at the children's service premises—

(a) are well ventilated; and

(b) have adequate natural light; and

(c) are maintained at a temperature that ensures the safety and wellbeing of children.

Division 9—Other space requirements

80 Administrative space

The approved provider of a children's service must ensure that an adequate area or areas are available at the children's service premises for the purposes of—

(a) conducting the administrative functions of the service; and

(b) consulting with parents of children; and

(c) conducting private conversations.

81 Nappy change facilities

(1) This regulation applies if a children's service educates and cares for children who wear nappies.

(2) The approved provider of the children's service must ensure that adequate and appropriate hygienic facilities are provided for nappy changing.

(3) Without limiting subregulation (2), the approved provider must ensure that the following are provided—

(a) if any of the children are under 3 years of age, at least one properly constructed nappy changing bench;

(b) hand cleansing facilities for adults in the immediate vicinity of the nappy change area.

(4) The approved provider of the children's service must ensure that nappy change facilities are designed, located and maintained in a way that prevents unsupervised access by children.

82 Outdoor space—natural environment

The approved provider of an occasional care service must ensure that any outdoor spaces provided at the children's service premises allow children to explore and experience the natural environment.

The use of natural features such as trees, sand and natural vegetation.

83 Outdoor space—shade

The approved provider of an occasional care service must ensure that any outdoor spaces provided at the children's service premises include adequate shaded areas to protect children from overexposure to ultraviolet radiation from the sun.

84 Premises designed to facilitate supervision

The approved provider of a children's service must ensure that the children's service premises (including toilets and nappy change facilities) are designed and maintained in a way that facilitates supervision of children at all times that they are being educated and cared for by the service, having regard to the need to maintain the rights and dignity of the children.

Division 10—Minimum requirements for persons in day‑to‑day charge and nominated supervisors

85 Placing a person in day-to-day charge

For the purposes of the definition of a person in day-to-day charge in section 3(1) of the Act, a person is in day-to-day charge of a children's service if—

(a) the person is placed in day-to-day charge by the approved provider or a nominated supervisor of the children's service; and

(b) the person consents to the placement in writing.

86 Minimum requirements for a person in day-to-day charge

(1) An approved provider or a nominated supervisor of a children's service must not place a person in day-to-day charge unless—

(a) the person has attained the age of 18 years; and

(b) the approved provider or nominated supervisor (as the case requires)—

(i) has had regard to the matters set out in subregulation (2); and

(ii) has taken reasonable steps to ensure that the person has adequate knowledge and understanding of the provision of education and care to children and an ability to effectively supervise and manage a children's service.

(2) For the purposes of subregulation (1)(b)(i), the matters are—

(a) the person's history of compliance with—

(iii) a former education and care services law, within the meaning of the National Law, of a participating jurisdiction; and

(v) an education law or an equivalent law of a participating jurisdiction; and

(b) any decision to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under—

(iii) a former education and care services law, within the meaning of the National Law, of a participating jurisdiction; and

(v) an education law or an equivalent law of a participating jurisdiction.

87 Minimum requirements for a nominated supervisor

(1) For the purposes of section 102 of the Act, the following minimum requirements are prescribed—

(a) the person nominated must have attained the age of 18 years;

(b) the person nominated must have adequate knowledge and understanding of the provision of education and care to children;

(c) the person nominated must have the ability to effectively supervise and manage a children's service.

(2) In determining whether to nominate a person as a nominated supervisor, an approved provider of a children's service must have regard to the following matters—

(a) the history of the person's compliance with—

(iii) a former education and care services law, within the meaning of the National Law, of a participating jurisdiction; and

(v) an education law or an equivalent law of a participating jurisdiction;

(b) any decision to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under—

(iii) a former education and care services law, within the meaning of the National Law, of a participating jurisdiction; and

(v) an education law or an equivalent law of a participating jurisdiction.

Division 11—Staffing arrangements

Subdivision 1—Age and supervision requirements

88 Educators who are under 18 to be supervised

The approved provider of a children's service must ensure that any educator at the service who is under 18 years of age—

(a) does not work alone at the service; and

(b) is adequately supervised at all times by an educator who has attained the age of 18 years.

Subdivision 2—Minimum number of educators required

89 Educators must be working directly with children to be included in ratios

(1) An educator cannot be included in calculating the educator to child ratio of a children's service unless the educator is working directly with children at the service.

(2) In this regulation, a reference to an educator includes an early childhood teacher who is counted as an educator under regulation 90(3).

90 Educator to child ratios

(1) For the purposes of section 109(1) and (3) of the Act, the prescribed minimum number of educators educating and caring for children at a children's service is to be calculated in accordance with the following ratios—

(a) for children from birth to under 36 months of age—one educator to 4 children;

(b) for children aged 36 months of age or over (not including children over preschool age)—one educator to 11 children;

(c) for children over preschool age—one educator to 15 children.

(2) If children being educated and cared for at an occasional care service are of mixed ages, the minimum number of educators for the children must meet the requirements of subregulation (1) at all times.

(3) If an early childhood teacher is required under Subdivision 4 of this Division to be in attendance at a children's service, subject to regulation 89, that early childhood teacher is counted as an educator at the service for the purposes of this regulation.

(4) In subregulations (1) and (2), a reference to children does not include a child who is, or 2 or more children from the same family who are, educated and cared for at a children's service in an emergency for a period of not more than 2 consecutive days on which the service operates.

1 A child is determined to be in need of protection under a child protection order.

2 The parent of a child needs urgent health care that prevents them caring for the child.

(5) An approved provider of a children's service must not permit an additional child or additional children to be educated and cared for at the service in an emergency in the circumstances set out in subregulation (4) unless the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of all the children attending the service.

Subdivision 3—Requirements for educators

91 Occasional care services—educator qualifications

(1) For the purposes of section 109(2) and (4) of the Act, educators educating and caring for children at an occasional care service must satisfy the following prescribed qualification requirements—

Reg. 91(1)(a) amended by S.R. No. 12/2024 reg. 26.

(a) at least 50 per cent of the educators who are required to meet the relevant educator to child ratios for the service must hold, or be actively working towards, at least an approved diploma level education and care qualification;

Reg. 91(1)(b) amended by S.R. No. 12/2024 reg. 26.

(b) all other educators who are required to meet the relevant educator to child ratios for the service must hold, or be actively working towards, at least an approved certificate III level education and care qualification.

(2) The qualification requirements in subregulation (1)(b) do not apply to an educator if the educator has been employed by an approved provider on a probationary basis for not more than 3 months, at one or more occasional care services operated by the approved provider.

(3) If Subdivision 4 of this Division requires an early childhood teacher to be in attendance at an occasional care service, that early childhood teacher, or a person taken to be an early childhood teacher under regulation 94(1), is to be counted as meeting the requirements of subregulation (1)(a).

Meaning of actively working towards*—*see regulation 8.

92 Limited hours services—educator qualifications

For the purposes of section 109(2) and (4) of the Act, the prescribed qualification requirement for educators educating and caring for children at a limited hours service is at least an approved certificate III level education and care qualification.

Reg. 92A inserted by S.R. No. 12/2024 reg. 27.

92A Illness or absence of a qualified educator

(1) This regulation applies if an educator referred to in regulation 91(1)(a) or (b) or 92 is absent from an occasional care service or a limited hours service in any of the following circumstances—

(a) short-term illness;

(b) the educator's resignation;

(c) a practicum placement required to be undertaken by the educator for an approved education and care qualification;

(d) leave.

(2) During the educator's absence, for the purposes of regulation 91(1)(a) or (b) or 92, a person who holds a qualification in primary teaching may be taken to hold an approved diploma level education and care qualification or an approved certificate III level education and care qualification (as the case requires).

(3) An educator may be replaced in accordance with subregulation (2) for a maximum of 30 days in any 12 month period.

(4) For the purposes of subregulation (3), in relation to a part-time educator, 30 days is to be calculated on a pro rata basis.

Subdivision 4—Requirements for educators who are early childhood teachers

93 Occasional care services—early childhood teacher requirements and qualifications

(1) This regulation applies to an occasional care service that, on average over any given 4‑week period, educates and cares for any child for more than 30 hours per week.

(2) For the purposes of section 109(1) and (3) of the Act, the prescribed number of educators educating and caring for children at an occasional care service is at least one educator who is an early childhood teacher who holds a qualification referred to in subregulation (3) in attendance at the occasional care service for, whichever is the lower of—

(a) at least 50 per cent of the time the service is operating; or

(b) at least 20 hours per week.

(3) For the purposes of section 109(2) and (4) of the Act, the prescribed qualification requirement for an educator who is required to be in attendance at an occasional care service under subregulation (2) is an approved early childhood teaching qualification within the meaning of the national regulations.

The Education and Training Reform Act 2006 requires that an early childhood teacher must be registered under Division 3A of Part 2.6 of that Act.

94 Illness or absence of early childhood teacher

Reg. 94(1) amended by S.R. No. 12/2024 reg. 28(1).

(1) If an early childhood teacher who is required under regulation 93(2) to be in attendance at an occasional care service is absent because of a circumstance specified in subregulation (4), the following persons may be taken to be an early childhood teacher during that absence—

(a) a person who holds an approved diploma level education and care qualification;

(b) a person who holds a qualification in primary teaching;

(c) a suitably qualified person.

(2) An early childhood teacher required to be in attendance under regulation 93(2) may be replaced in accordance with subregulation (1) for a maximum of 60 days in any 12-month period.

(3) For the purposes of subregulation (2), in relation to a part-time early childhood teacher, 60 days is to be calculated on a pro rata basis.

Reg. 94(4) inserted by S.R. No. 12/2024 reg. 28(2).

(4) For the purposes of subregulation (1), the following circumstances are specified—

(a) short-term illness;

(b) the resignation of the early childhood teacher;

(c) a practicum placement required to be undertaken by the early childhood teacher for an approved education and care qualification;

(d) leave.

Subdivision 5—First aid qualifications

95 First aid qualifications

(1) The approved provider of a children's service must ensure that each of the following persons are in attendance at any place where children are being educated and cared for by the service, and immediately available in an emergency, at all times that children are being educated and cared for by the service—

(a) at least one staff member or one nominated supervisor of the service who holds a current approved first aid qualification;

(b) at least one staff member or one nominated supervisor of the service who has undertaken current approved anaphylaxis management training;

(c) at least one staff member or one nominated supervisor of the service who has undertaken current approved emergency asthma management training.

(2) If children are being educated and cared for at children's service premises on the site of a school, it is sufficient for the purposes of subregulation (1) if the following are in attendance at the school site and immediately available in an emergency—

(a) for the purposes of subregulation (1)(a), at least one staff member of the school who holds a current approved first aid qualification;

(b) for the purposes of subregulation (1)(b), at least one staff member of the school who has undertaken current approved anaphylaxis management training;

(c) for the purposes of subregulation (1)(c), at least one staff member of the school who has undertaken current approved emergency asthma management training.

(3) The same person may hold one or more of the qualifications set out in subregulation (1).

Reg. 95(3A) inserted by S.R. No. 12/2024 reg. 29.

(3A) For the purposes of this regulation—

(a) an approved first aid qualification is taken to be current if—

(i) in the case of emergency life support training and cardio‑pulmonary resuscitation training that forms part of the approved first aid qualification, the training was completed within the previous year; and

(ii) in the case of any other training that forms part of the approved first aid qualification, the training was completed within the previous 3 years; and

(b) approved anaphylaxis management training is taken to be current if the training was completed within the previous 3 years; and

(c) approved emergency asthma management training is taken to be current if the training was completed within the previous 3 years.

(4) In this regulation—

approved anaphylaxis management training means anaphylaxis management training approved by the National Authority in accordance with Division 7 of Part 4.4 of the national regulations;

approved emergency asthma management training means emergency asthma management training approved by the National Authority in accordance with Division 7 of Part 4.4 of the national regulations;

approved first aid qualification means a qualification that—

(a) includes training in the following that relates to and is appropriate to children—

(i) emergency life support and cardio-pulmonary resuscitation;

(ii) convulsions;

(iii) poisoning;

(iv) respiratory difficulties;

(v) management of severe bleeding;

(vi) injury and basic wound care;

(vii) administration of an auto-immune adrenalin device; and

(b) has been approved by the National Authority in accordance with Division 7 of Part 4.4 of the national regulations.

Subdivision 6—Other staffing arrangements

Reg. 96 (Heading) substituted byS.R. No. 12/2024 reg. 30(1).

96 WWC clearance to be read

Reg. 96(1) amended by S.R. No. 12/2024 reg. 30(2).

(1) The approved provider of a children's service must read, or ensure that a nominated supervisor or a person in day-to-day charge of the service has read, a person's WWC clearance before the person is—

(a) engaged as an educator at the service; or

(b) permitted to volunteer at the service; or

(c) engaged or employed as a staff member (other than as a person in day-to-day charge) at the service.

Reg. 96(2) amended by S.R. No. 12/2024 reg. 30(2).

(2) The approved provider of a children's service must read, or ensure that a nominated supervisor has read, a person's WWC clearance before the person is placed as a person in day-to-day charge of the service.

Reg. 96(3) amended by S.R. No. 12/2024 reg. 30(2).

(3) The approved provider of a children's service must read a person's WWC clearance before nominating that person as a nominated supervisor of the service.

(4) Subregulation (1) does not apply in respect of a person if—

Reg. 96(4)(a) amended by S.R. No. 12/2024 reg. 30(2).

(a) a WWC clearance cannot be issued for the person because of the person's age; and

(b) the person educates and cares for children at the children's service only under the immediate supervision of an educator who has attained the age of 18 years.

(5) Subregulation (1) does not apply to a person who is a volunteer and who provides education and care at the service only under the immediate supervision of an educator who has attained the age of 18 years.

(6) Subregulations (1), (2) and (3) do not apply in relation to a person who is a registered teacher under the education law and the approved provider, a nominated supervisor or a person in day-to-day charge of the children's service has checked the relevant register kept under the education law to ensure that the person is registered.

Subdivision 7—Staff and educator records

97 Staff record

(1) The approved provider of a children's service must ensure that a staff record is kept for that service in accordance with this Subdivision.

(2) The staff record must include—

(a) the information about nominated supervisors set out in regulation 98; and

(b) the information about staff members set out in regulation 99; and

(c) the information about volunteers set out in regulation 100(1).

Other records are also required to be kept by the approved provider under this Subdivision.

98 Nominated supervisor

The staff record must include the following information in relation to each nominated supervisor—

(a) the full name, address and date of birth of the nominated supervisor;

(b) evidence—

(i) of any relevant qualifications held by the nominated supervisor; or

(ii) if applicable, that the nominated supervisor is actively working towards that qualification as provided under regulation 8;

(c) evidence of any approved training (including first aid training) completed by the nominated supervisor;

(d) a record of either—

Reg. 98(d)(i) amended by S.R. No. 12/2024 reg. 31.

(i) if the nominated supervisor has a WWC clearance, the identifying number and expiry date of that clearance; or

(ii) if the nominated supervisor is a registered teacher under the education law and has provided proof of that registration, the identifying number of the teacher registration and the expiry date of that registration.

99 Staff members

The staff record must include the following information in relation to staff members—

(a) the full name, address and date of birth of the staff member;

(b) evidence—

(i) of any relevant qualifications held by the staff member; or

(ii) if applicable, that the staff member is actively working towards that qualification as provided under regulation 8;

(c) evidence of any approved training (including first aid training) completed by the staff member;

(d) a record of either—

Reg. 99(d)(i) amended by S.R. No. 12/2024 reg. 32.

(i) if the staff member has a WWC clearance, the identifying number and expiry date of that clearance; or

(ii) if the staff member is a registered teacher under the education law and has provided proof of that registration, the identifying number of the teacher registration and the expiry date of that registration.

100 Volunteers and students

Reg. 100(1) substituted by S.R. No. 12/2024 reg. 33.

(1) The staff record must include the following information in relation to each student or volunteer who participates in the children's service—

(a) the full name, address and date of birth of the student or volunteer;

(b) a record of the identifying number of the student's or volunteer's current WWC clearance and the expiry date of that clearance;

(c) if the student or volunteer has provided proof of their current teacher registration, a record of the identifying number of the teacher registration and the expiry date of that registration.

(2) The approved provider of a children's service must also keep a record for each day on which the student or volunteer participates in the service, the date and the hours of participation.

101 Responsible person

The staff record must include the name of the responsible person at the children's service for each time that children are being educated and cared for by the service.

102 Record of educators working directly with children

The approved provider of a children's service must keep a record of educators working directly with children that includes the following information—

(a) the name of each educator who works directly with children being educated and cared for by the service;

(b) the hours that each educator works directly with children being educated and cared for by the service.

The record could be a staff roster or staff time sheet.

103 Record of attendance of early childhood teachers

The approved provider of an occasional care service that, on average over any given 4‑week period, educates and cares for any child for more than 30 hours per week must ensure that a record is kept of the following—

(a) the period that an early childhood teacher is working with the service in accordance with regulation 93;

(b) the periods that the early childhood teacher is working directly with children and is not working directly with children.

Reg. 103A inserted by S.R. No. 12/2024 reg. 34.

103A Record of replacement of educator

The approved provider of an occasional care service or a limited hours service must keep a record of an educator who is replaced in accordance with regulation 92A that includes the following information—

(a) the full name of the educator;

(b) the qualification that the educator who is replaced holds, or is actively working towards, for the purposes of regulation 91 or 92;

(c) the qualification of the person who replaced the educator;

(d) the dates on which the educator was replaced;

(e) the reason for the educator's absence.

See regulation 92A(1) for the circumstances in which an educator may be absent from an occasional care service or limited hours service.

Reg. 103B inserted by S.R. No. 12/2024 reg. 34.

103B Record of replacement of early childhood teacher

The approved provider of an occasional care service must keep a record of an early childhood teacher who is replaced in accordance with regulation 94 that includes the following information—

(a) the full name of the early childhood teacher;

(b) the qualification of the person who replaced the early childhood teacher;

(c) the dates on which the early childhood teacher was replaced;

(d) the reason for the early childhood teacher's absence.

See regulation 94(4) for the circumstances in which an early childhood teacher may be absent from an occasional care service.

Part 5—Relationships with children

104 Interactions with children

An approved provider must take reasonable steps to ensure that the children's service provides education and care to children in a way that—

(a) encourages the children to express themselves and their opinions; and

(b) allows the children to undertake experiences that develop self-reliance and self-esteem; and

(c) maintains at all times the dignity and rights of each child; and

(d) gives each child positive guidance and encouragement toward acceptable behaviour; and

(e) has regard to the family and cultural values, age, and physical and intellectual development and abilities of each child being educated and cared for by the service.

105 Relationships in groups

(1) The approved provider of a children's service must take reasonable steps to ensure that the service provides children being educated and cared for by the service with opportunities to interact and develop respectful and positive relationships with each other and with staff members of, and volunteers at, the service.

(2) For the purposes of subregulation (1), the approved provider must have regard to the size and the composition of the groups in which children are being educated and cared for by the service.

Part 6—Collaborative partnerships with families and communities

106 Access for parents

(1) The approved provider of a children's service must ensure that a parent of a child being educated and cared for by the service may enter the children's service premises at any time that the child is being educated and cared for by the service.

(2) A nominated supervisor of a children's service must ensure that a parent of a child being educated and cared for by the service may enter the children's service premises at any time that the child is being educated and cared for by the service.

(3) Despite subregulations (1) and (2), the approved provider or nominated supervisor (as the case may be) is not required to allow a parent to enter the children's service premises if—

(a) permitting the parent's entry would—

(i) pose a risk to the safety, health or wellbeing of any child or children being educated or cared for by the service; or

(ii) pose a risk to the safety of staff of the children's service; or

(iii) conflict with any duty of the provider or supervisor under the Act; or

Where a direction has been given to an approved provider or nominated supervisor under section 111(1) of the Act to exclude a person whom the Regulatory Authority is satisfied is an 'inappropriate person' from the children's service premises for such time as the Authority considers appropriate.

(b) the provider or supervisor reasonably believes that permitting the parent's entry would contravene a court or tribunal order.

Other regulations also relate to collaboration with families including requirements to give information about educational programs to parents, for parents to provide enrolment information, for information to be provided or displayed to parents and for administration areas to have adequate space for consulting with parents.

Part 7—Governance and leadership

Division 1—Management of services

Subdivision 1—Attendance and enrolment records

107 Children's attendance record to be kept by approved provider

The approved provider of a children's service must ensure that a record of attendance is kept for the service that—

(a) records the full name of each child attending the service; and

(b) records the date and time each child arrives and departs; and

(c) is signed by one of the following persons at the time that the child arrives and departs—

(i) the person who delivers the child to the children's service premises or collects the child from the children's service premises;

(ii) a nominated supervisor or an educator.

108 Child enrolment records to be kept by approved provider

(1) The approved provider of a children's service must ensure that an enrolment record is kept that includes the information set out in subregulation (2) for each child enrolled at the children's service.

(2) An enrolment record must include the following information for each child—

(a) the full name, date of birth and address of the child;

(b) the name, address and contact details of—

(i) each known parent of the child; and

(ii) any person who is to be notified of an emergency involving the child if any parent of the child cannot be immediately contacted; and

(iii) any person who is an authorised nominee within the meaning of section 110(3) of the Act; and

Authorised nominee means a person who has been given permission by a parent or family member to collect the child from the children's service. See section 110(3) of the Act.

(iv) any person who is authorised to consent to medical treatment of, or to authorise administration of medication to, the child; and

Reg. 108(2) (b)(v) amended by S.R. No. 12/2024 reg. 35(a).

(v) any person who is authorised to authorise an educator to take the child outside the children's service premises; and

Reg. 108(2) (b)(vi) inserted by S.R. No. 12/2024 reg. 35(b).

(vi) any person who is authorised to authorise the children's service to transport the child or arrange transportation of the child;

(c) details of any court or tribunal orders, parenting orders or parenting plans provided to the approved provider relating to powers, duties, responsibilities or authorities of any person in relation to the child or access to the child;

(d) details of any other court or tribunal orders provided to the approved provider relating to the child's residence or the child's contact with a parent or other person;

(e) the gender of the child;

(f) the language used in the child's home;

(g) the cultural background of the child and, if applicable, the child's parents;

(h) any special considerations for the child, for example any cultural, religious or dietary requirements or additional needs;

(i) the relevant authorisations set out in regulation 109;

(j) the relevant health information set out in regulation 110.

(3) In this regulation—

parenting order means a parenting order within the meaning of section 64B(1) of the Family Law Act 1975 of the Commonwealth;

parenting plan means a parenting plan within the meaning of section 63C(1) of the Family Law Act 1975 of the Commonwealth, and includes a registered parenting plan within the meaning of section 63C(6) of that Act.

109 Authorisations to be kept in enrolment record

The authorisations to be kept in the enrolment record for each child enrolled at a children's service are—

(a) an authorisation, signed by a parent or a person named in the enrolment record as authorised to consent to the medical treatment of the child, for the approved provider, a nominated supervisor or an educator to seek—

(i) medical treatment for the child from a registered medical practitioner, hospital or ambulance service; and

(ii) transportation of the child by an ambulance service; and

Reg. 109(b) amended by S.R. No. 12/2024 reg. 36(a).

(b) if relevant, an authorisation given under regulation 71 for the children's service to take the child on regular outings; and

Reg. 109(c) inserted by S.R. No. 12/2024 reg. 36(b).

(c) if relevant, an authorisation given under regulation 71G(3) for regular transportation of the child.

110 Health information to be kept in enrolment record

The health information to be kept in the enrolment record for each child enrolled at the children's service is—

(a) the name, address and telephone number of the child's registered medical practitioner or medical service; and

(b) if available, the child's Medicare number; and

(c) details of any—

(i) specific healthcare needs of the child, including any medical condition; and

(ii) allergies, including whether the child has been diagnosed as at risk of anaphylaxis; and

(d) any medical management plan, anaphylaxis medical management plan or risk minimisation plan to be followed with respect to a specific healthcare need, medical condition or allergy referred to in paragraph (c); and

(e) details of any dietary restrictions for the child; and

(f) the immunisation status of the child; and

(g) if the approved provider or a staff member has sighted a child health record for the child, a notation to that effect; and

(h) in the case of a children's service specified in paragraph (b) of the definition of early childhood service in section 3(1) of the Public Health and Wellbeing Act 2008—

(i) an immunisation status certificate within the meaning of section 147 of the Public Health and Wellbeing Act 2008 that is issued in relation to the child and that is provided under section 143B of that Act; or

(ii) details of any exemption in relation to the child under section 143C of the Public Health and Wellbeing Act 2008.

Subdivision 2—Record of children's service's compliance

111 Record of children's service's compliance

(1) Subject to subregulations (2) and (3), the record of the children's service's compliance must include the following information—

(a) details of any amendment of the service approval made by the Regulatory Authority under section 54 of the Act, including—

(i) the reason stated by the Regulatory Authority for the amendment; and

(ii) the date on which the amendment took, or takes, effect; and

(iii) the date (if any) that the amendment ceases to have effect;

(b) details of any suspension of the service approval (other than a voluntary suspension), including—

(i) the reason stated by the Regulatory Authority for the suspension; and

(ii) the date on which the suspension took, or takes, effect; and

(iii) the date that the suspension ends;

(c) details of any compliance direction or compliance notice issued to the approved provider in respect of the service, including—

(i) the reason stated by the Regulatory Authority for issuing the direction or notice; and

(ii) the steps specified in the direction or notice; and

(iii) the date by which the steps specified must be taken.

(2) The information set out in subregulation (1) must not include any information that identifies any person other than the approved provider.

(3) Subregulation (1) does not include an amendment, suspension, compliance notice or compliance direction if—

(a) the period for seeking internal or external review under section 133 or 135 of the Act has not yet expired; or

(b) an application for internal or external review under section 133 or 135 of the Act has been made but not yet determined; or

(c) an application for internal or external review under section 133 or 135 of the Act has been determined, and the amendment, suspension, compliance notice or compliance direction was not confirmed.

Division 2—Policies and procedures

112 Children's service must have policies and procedures

(1) The approved provider of a children's service must ensure that the service has in place policies and procedures in relation to the matters set out in subregulation (2).

Notes

1 These may include policies and procedures prepared by the approved provider in accordance with the education law.

2 A compliance direction may be issued for failure to comply with this subregulation.

(2) Policies and procedures are required in relation to the following—

(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) the administration of first aid; and

Reg. 112(2) (a)(v) amended by S.R. No. 12/2024 reg. 37(1).

(v) sleep and rest for children, including the matters set out in regulation 53B;

(b) incident, injury, trauma and illness policies and procedures complying with regulation 54;

(c) dealing with infectious diseases, including procedures complying with regulation 57;

(d) dealing with medical conditions in children, including the matters set out in regulation 59;

(e) emergency and evacuation, including the matters set out in regulation 66;

(f) delivery of children to, and collection of children from, the children's service premises, including procedures complying with regulation 68;

(g) excursions, including procedures complying with regulations 69, 70 and 71;

Reg. 112 (2)(ga) inserted by S.R. No. 12/2024 reg. 37(2).

(ga) if the service transports or arranges transportation of children other than as part of excursions, transportation including procedures complying with Division 7B of Part 4;

Reg. 112 (2)(gb) inserted by S.R. No. 12/2024 reg. 37(2).

(gb) the safe arrival of children who travel between a children's service and any other education or early childhood service within the meaning of regulation 71A, including the matters set out in regulation 71B;

Reg. 112(2)(h) substituted by S.R. No. 12/2024 reg. 37(3).

(h) providing a child safe environment, including matters relating to—

(i) the promotion of a culture of child safety and wellbeing within the service; and

(ii) the safe use of online environments at the service;

(i) staffing, including—

(i) a code of conduct for staff members; and

(ii) determining the responsible person present at the service; and

(iii) the participation of volunteers and students on practicum placements;

(j) interactions with children, including the matters set out in regulations 104 and 105;

(k) enrolment and orientation;

(l) governance and management of the service, including confidentiality of records;

(m) the acceptance and refusal of authorisations;

(n) payment of fees and provision of a statement of fees charged by the children's service;

Reg. 112(2)(o) substituted by S.R. No. 12/2024 reg. 37(4).

(o) dealing with complaints, including matters relating to—

(i) the provision of a complaint handling system at the service that is child focused; and

(ii) the management of a complaint that alleges a child is exhibiting harmful sexual behaviours.

113 Policies and procedures to be followed

The approved provider of a children's service must take reasonable steps to ensure that nominated supervisors and staff members of, and volunteers at, the service follow the policies and procedures required under regulation 112.

114 Policies and procedures to be kept available

(1) The approved provider of a children's service must ensure that copies of the current policies and procedures required under regulation 112 are readily accessible to nominated supervisors and staff members of, and volunteers at, the service.

(2) The approved provider of a children's service must ensure that copies of the current policies and procedures required under regulation 112 are available for inspection at the children's service premises at all times that the service is educating and caring for children or otherwise on request.

115 Notification of change to policies or procedures

(1) Subject to subregulation (4), the approved provider of a children's service must ensure that parents of children enrolled at the service are notified at least 14 days before making any change to a policy or procedure referred to in regulation 112 that may have a significant impact on the service's provision of education and care to any child enrolled at the service.

(2) Subject to subregulation (4), the approved provider of a children's service must ensure that parents of children enrolled at the service are notified at least 14 days before making any change to a policy or procedure referred to in regulation 112 that may have a significant impact on the family's ability to utilise the service.

(3) The approved provider of a children's service must ensure that parents of children enrolled at the service are notified at least 14 days before making any change that will affect the fees charged or the way in which fees are collected.

(4) If the approved provider considers that the notice period would pose a risk to the safety, health or wellbeing of any child enrolled at the service, the approved provider must ensure that parents of children enrolled at the service are notified as soon as practicable after making a change referred to in subregulations (1) and (2).

Division 3—Information and record-keeping requirements

Subdivision 1—Display and reporting of prescribed information

116 Prescribed information to be displayed

(1) For the purposes of section 112 of the Act, the following information is prescribed in respect of the matters in paragraphs (a) to (d) of that section—

(a) in relation to the provider approval—

(i) the name of the approved provider; and

(iii) any conditions on the provider approval;

(b) in relation to the service approval—

(i) the name of the children's service; and

(ii) the service approval number; and

(iii) any conditions on the service approval;

(c) the name of each nominated supervisor;

(d) in relation to any service waivers or temporary waivers held by the service, the details of the waivers including—

(i) the regulations the requirements of which have been waived; and

(ii) the duration of the waiver; and

(iii) whether the waiver is a service waiver or a temporary waiver.

(2) For the purposes of section 112(e) of the Act, the following matters are prescribed—

(a) the hours and days of operation of the children's service;

(b) the name and telephone number of the person at the children's service to whom complaints may be addressed;

(c) the name and position of the responsible person in charge of the children's service at any given time;

(d) the contact details of the Regulatory Authority;

(e) if applicable, a notice stating that a child who has been diagnosed as at risk of anaphylaxis is enrolled at the service;

(f) if applicable, a notice stating that there has been an occurrence of an infectious disease at the premises.

117 Time to notify certain circumstances to Regulatory Authority

(1) For the purposes of section 113(4) of the Act, a notice must be provided within 14 days of the relevant event or within 14 days of the approved provider becoming aware of the relevant event.

(2) For the purposes of section 113(5) of the Act, a notice must be provided—

(a) in the case of a notice under section 113(2)(f), within the period referred to in section 59 of the Act; and

(b) in any other case, within 7 days of the relevant event or within 7 days of the approved provider becoming aware of the relevant event.

118 Prescribed information to be notified to Regulatory Authority

(1) For the purposes of section 114(1)(b) of the Act, the following matters are prescribed—

(a) any change to the address of the approved provider or the principal office of the approved provider, or the contact details of the approved provider;

(b) the appointment of receivers or liquidators or administrators to the approved provider or any other matters that affect the financial viability and ongoing operation of the children's service.

(2) For the purposes of section 114(2)(c) of the Act, the following matters are prescribed—

(a) any change to the hours and days of operation of the children's service;

Reg. 118 (2)(ab) inserted by S.R. No. 12/2024 reg. 38(a).

(ab) any change to the ages of children being educated or cared for by the children's service;

Reg. 118 (2)(ac) inserted by S.R. No. 12/2024 reg. 38(a).

(ac) any change to the nature of education and care offered by the children's service;

If a children's service educates and cares for children over preschool age and the service proposes to offer education and care to children who are preschool age and under.

(b) any incident that requires the approved provider to close, or reduce the number of children attending, the children's service for a period;

A flood or a fire that requires an approved provider to close the children's service premises (or part of those premises) while repairs are undertaken.

(c) any circumstance arising at the service that poses a risk to the health, safety or wellbeing of a child or children attending the service;

(d) the attendance at the approved children's service of any additional child or children being educated and cared for in an emergency in the circumstances set out in regulation 90(4), including—

(i) a description of the emergency; and

(ii) a statement by the approved provider that the approved provider had taken into account the safety, health and wellbeing of all the children attending the children's service when deciding to provide education and care to the additional child or children;

(e) any incident where the approved provider reasonably believes that physical abuse or sexual abuse of a child or children has occurred or is occurring while the child is, or the children are, being educated and cared for by the children's service;

Reg. 118(2)(f) amended by S.R. No. 12/2024 reg. 38(b).

(f) allegations that physical or sexual abuse of a child or children has occurred or is occurring while the child is, or the children are, being educated and cared for by the children's service (other than an allegation that has been notified under section 114(2)(b) of the Act);

Reg. 118(2)(g) inserted by S.R. No. 12/2024 reg. 38(c).

(g) for a children's service that starts providing, or arranging for, regular transportation of children—the first time the service provides, or arranges for, the transportation of children;

Reg. 118(2)(h) inserted by S.R. No. 12/2024 reg. 38(c).

(h) for a children's service that stops providing, or arranging for, regular transportation of children—the final time the service provides, or arranges for, the transportation of children.

119 Time to notify certain information to Regulatory Authority

(1) For the purposes of section 114(3) of the Act, a notice must be provided within 7 days of the relevant event or within 7 days of the approved provider becoming aware of the relevant information.

(2) For the purposes of section 114(4) of the Act, a notice must be provided—

(a) in the case of a notice under section 114(2)(a)—

(i) in the case of the death of a child, as soon as practicable but within 24 hours of the death, or the time that the person becomes aware of the death; and

(ii) in the case of any other serious incident, within 24 hours of the incident or the time that the person becomes aware of the incident; and

(b) in the case of a notice under section 114(2)(b) or a notice of a matter referred to in regulation 118(2)(b), within 24 hours of the complaint or incident; and

(c) in the case of a notice under regulation 118(2)(d), within 24 hours of the commencement of the attendance of the child or children at the children's service; and

(d) in any other case, within 7 days of the relevant event or within 7 days of the approved provider becoming aware of the relevant information.

Subdivision 2—Prescribed records