Education and Care Services National Regulations (NSW)
63Assessing approved education and care services
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63 Assessing approved education and care services
63 Assessing approved education and care services
(1) Subject to subregulation (3), for the purposes of assessing an approved education and care service under section 133(1) of the Law, the Regulatory Authority—
(a) must consider—
(i) the current quality improvement plan for the service; and
(ii) any rating assessment history of the service, including any records of previous rating assessments made under the Law; and
(iii) the service’s history of compliance—
(A) with the Law as it applies in any participating jurisdiction in which the service operates; and
(B) in the period of 3 years preceding 1 January 2012, with a former education and care services law of a participating jurisdiction in which the service operates or has operated; and
Note.
The date specified in sub-subparagraph (B) does not apply in Western Australia. The applicable date in Western Australia is 1 August 2012—see regulation 63(1)(a)(iii)(B) of the Education and Care Services National Regulations 2012 of Western Australia.
(C) with an education law of a participating jurisdiction in which the service operates or has operated; and
(D) with a children’s services law of a participating jurisdiction in which the service operates or has operated; and
(b) must arrange for a site visit by an authorised officer—
(i) in the case of a centre-based service, of the education and care service premises; and
(ii) in the case of a family day care service, of one or more approved family day care venues or family day care residences.
(2) In addition to subregulation (1), the Regulatory Authority may consider the following—
(a) any relevant information disclosed to the Regulatory Authority by—
(i) a government department, public authority or local authority under section 271 of the Law; or
(ii) the Regulatory Authority of another participating jurisdiction under section 271 of the Law as applying in that jurisdiction or a person acting for that Authority; or