116Assessments of family day care residences and approved family day care venues

116 Assessments of family day care residences and approved family day care venues

116 Assessments of family day care residences and approved family day care venues

(1) The approved provider of a family day care service must conduct an assessment (including a risk assessment) of each proposed residence and each proposed family day care venue of the service, including any premises, structures or areas that may be accessible to children attending the service, before education and care is provided to children at the residence or venue as part of the service to ensure that the health, safety and wellbeing of children who are educated and cared for by the service are protected.

Penalty—

(a) for a large child care provider—$19,800; or

(b) otherwise—$6,600.

(1A) Subregulation (1) does not apply in respect of an approved family day care venue if an assessment (including a risk assessment) of the family day care venue was included in—

(a) an application for a service approval under regulation 26(n)(iii); or

(b) an application to amend a service approval under regulation 34(f)(iii).

(1B) The approved provider of a family day care service must conduct an assessment (including a risk assessment) of each residence and each approved family day care venue of the service, including any premises, structures or areas that may be accessible to children attending the service, at least annually to ensure that the health, safety and wellbeing of children who are educated and cared for by the service are protected.

Penalty—

(a) for a large child care provider—$19,800; or

(b) otherwise—$6,600.

(1C) An assessment conducted under subregulation (1) or (1B) must set out the part of the premises that are used or are to be used for the family day care service.

(2) The following matters must be considered as part of an assessment—

(a) the matters relating to family day care services in Division 1 and regulation 117;

(b) the suitability of the residence or venue, including—

(i) areas within the residence; and

(ii) areas outside but near the residence or venue that are accessible to children, whether or not the areas are proposed to be used to provide education and care to children;