116AAApproval of areas of family day care residence suitable to be used to provide education and care to children

116AA Approval of areas of family day care residence suitable to be used to provide education and care to children

116AA Approval of areas of family day care residence suitable to be used to provide education and care to children

(1) Before providing education and care to children from a family day care residence as part of a family day care service, the approved provider of the service must approve the areas within the residence that the approved provider—

(a) intends to use to provide education and care to children as part of the service; and

(b) is satisfied are suitable to be used to provide education and care to children as part of the service.

(2) An approved provider of a family day care service must keep a written record of an approval under subregulation (1).

Penalty—

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

(b) otherwise—$6,600.

Note—

This penalty is a substituted NSW provision.

Note.

A compliance direction may be issued for failure to comply with subregulation (2).

(3) If any of the areas within a family day care residence that are used to provide education and care to children as part of a family day care service change, the approved provider of the service must approve the new areas of the residence in accordance with subregulation (1) before education and care is provided to children from those areas.

Reg 116AA: Ins 2025 (711), reg 68. Am 2026 (54), Sch 1[9].