sec.301National regulations

sec.301 National regulations

The Ministerial Council may make regulations for the purposes of this Law. The national regulations may provide for any matter that is required or permitted to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Law. Without limiting subsection (1) , the national regulations may provide for the following— fees (including application fees and annual fees) for approvals and other things done under this Law; the indexation of fees; standards for education and care services; requirements for educational programs, including the quality of those programs and their development, documentation and delivery; requirements and standards to be complied with for the safety, health and wellbeing of children being educated and cared for by an education and care service; requirements and standards to be complied with for safety, security, cleanliness, comfort, hygiene and repair of premises, outdoor spaces, fencing, gates, resources and equipment used for providing education and care services; requirements and standards about the premises to be used to provide an education and care service including siting, design, layout, space, security and entitlement to occupy; requirements and standards for the staffing of education and care services including the recruitment (and conduct of criminal history or other security checks) and the appointment of staff, performance improvement, professional standards, professional development, numbers and qualifications of educators (including minimum age and requirements concerning groups of children of different ages and composition) and staffing rosters and arrangements; requirements and standards about educators’ relationships with children, interactions and behaviour guidance and inclusion policies and practice for education and care services; requirements and standards for partnerships between education and care services and the community in which they are located and the families of children being educated and cared for by education and care services, including requirements for services to link to other support services for children and families; requirements and standards as to the leadership and management of education and care services including governance and fitness and propriety of all staff members and volunteers, management of grievances and complaints and the provision of information to families; the records, policies and procedures to be kept by approved providers and family day care educators including enrolment and attendance information; requirements and standards about first aid and management of children’s medical conditions including— the training of educators and staff members; and plans, policies and procedures used to manage medical conditions and first aid; and the keeping and storage of first aid kits and medications; information required to be submitted for applications made under this Law; requirements and standards for the provision and display of information by approved providers; the publication of information about enforcement actions taken under this Law, including notice and review of proposals to publish information; matters relating to the application of this Law to partnerships, eligible associations or prescribed entities; requirements relating to the receipt and payment and distribution of fees and monetary penalties payable under this Law. The national regulations— may be of a general or limited application; and may differ according to differences in time, place (including jurisdiction) or circumstances; and may differ according to the type or class of education and care service and the ages of children being educated and cared for by a service; and may exempt any education and care service or any type or class of education and care service from complying with all or any of the regulations; and may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a Regulatory Authority; and may apply, adopt or incorporate by reference any document either— as in force at the date the national regulations come into operation or at any date before then; or wholly or in part or as amended by the national regulations; and may impose penalties not exceeding $6600 for offences against the national regulations. s 301 amd 2011 No. 80 (Vic) s 76 ; 2017 No. 9 (Vic) s 53 (6) ; 2022 No. 43 (Vic) s 97 ; 2025 No. 53 (Vic) s 59 (sec.301-ssec.1) The Ministerial Council may make regulations for the purposes of this Law. (sec.301-ssec.2) The national regulations may provide for any matter that is required or permitted to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Law. (sec.301-ssec.3) Without limiting subsection (1) , the national regulations may provide for the following— fees (including application fees and annual fees) for approvals and other things done under this Law; the indexation of fees; standards for education and care services; requirements for educational programs, including the quality of those programs and their development, documentation and delivery; requirements and standards to be complied with for the safety, health and wellbeing of children being educated and cared for by an education and care service; requirements and standards to be complied with for safety, security, cleanliness, comfort, hygiene and repair of premises, outdoor spaces, fencing, gates, resources and equipment used for providing education and care services; requirements and standards about the premises to be used to provide an education and care service including siting, design, layout, space, security and entitlement to occupy; requirements and standards for the staffing of education and care services including the recruitment (and conduct of criminal history or other security checks) and the appointment of staff, performance improvement, professional standards, professional development, numbers and qualifications of educators (including minimum age and requirements concerning groups of children of different ages and composition) and staffing rosters and arrangements; requirements and standards about educators’ relationships with children, interactions and behaviour guidance and inclusion policies and practice for education and care services; requirements and standards for partnerships between education and care services and the community in which they are located and the families of children being educated and cared for by education and care services, including requirements for services to link to other support services for children and families; requirements and standards as to the leadership and management of education and care services including governance and fitness and propriety of all staff members and volunteers, management of grievances and complaints and the provision of information to families; the records, policies and procedures to be kept by approved providers and family day care educators including enrolment and attendance information; requirements and standards about first aid and management of children’s medical conditions including— the training of educators and staff members; and plans, policies and procedures used to manage medical conditions and first aid; and the keeping and storage of first aid kits and medications; information required to be submitted for applications made under this Law; requirements and standards for the provision and display of information by approved providers; the publication of information about enforcement actions taken under this Law, including notice and review of proposals to publish information; matters relating to the application of this Law to partnerships, eligible associations or prescribed entities; requirements relating to the receipt and payment and distribution of fees and monetary penalties payable under this Law. (sec.301-ssec.4) The national regulations— may be of a general or limited application; and may differ according to differences in time, place (including jurisdiction) or circumstances; and may differ according to the type or class of education and care service and the ages of children being educated and cared for by a service; and may exempt any education and care service or any type or class of education and care service from complying with all or any of the regulations; and may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a Regulatory Authority; and may apply, adopt or incorporate by reference any document either— as in force at the date the national regulations come into operation or at any date before then; or wholly or in part or as amended by the national regulations; and may impose penalties not exceeding $6600 for offences against the national regulations.