116AInspection of swimming pools, water features and other potential water hazards at family day care residences and approved family day care venues

#### 116A Inspection of swimming pools, water features and other potential water hazards at family day care residences and approved family day care venues 116A Inspection of swimming pools, water features and other potential water hazards at family day care residences and approved family day care venues > > (1) Without limiting regulation 116(1B), the approved provider of a family day care service must conduct an inspection each month of any swimming pool, water feature or other potential water hazard located at each family day care residence or approved family day care venue 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: $2200. > > > > Note > > > > A compliance direction may be issued for failure to comply with subregulation (1). > > > (2) An inspection must identify and assess any risks that a swimming pool, water feature or other potential water hazard located at a family day care residence or approved family day care venue may pose to the health, safety and wellbeing of children who are attending, or likely to attend, the residence or venue. > > > (3) The approved provider may nominate a person (other than a person specified in subregulation (4)) to conduct an inspection of a family day care residence or approved family day care venue. > > > (4) The following persons are specified— > > > > > (a) a family day care educator who provides education and care to children at the residence or venue; > > > > > (b) a family day care educator assistant who provides education and care to children at the residence or venue; > > > > > (c) a person who resides at the residence or venue. > > > (5) An inspection may be conducted— > > > > > (a) in person; or > > > > > (b) subject to subregulation (6), remotely by means of technology that enables the approved provider or a person nominated by the approved provider to inspect the family day care residence or the approved family day care venue without being physically present. > > > (6) An inspection must not be conducted remotely if— > > > > > (a) the previous 2 inspections of the family day care residence or the approved family day care venue were conducted remotely; or > > > > > (b) 6 or more inspections of the family day care residence or the approved family day care venue of the service were conducted remotely in the current calendar year. > > > > > > Note > > > > > > Regulation 116A does not apply in Western Australia. > > **Reg 116A:** Ins 2023 (399), reg 49.