177Prescribed enrolment and other documents to be kept by approved provider

#### 177 Prescribed enrolment and other documents to be kept by approved provider 177 Prescribed enrolment and other documents to be kept by approved provider > > (1) For the purposes of section 175(1) of the Law, the following documents are prescribed in relation to each education and care service operated by the approved provider— > > > > > (a) the documentation of child assessments or evaluations for delivery of the educational program as set out in regulation 74; > > > > > (b) an incident, injury, trauma and illness record as set out in regulation 87; > > > > > (c) a medication record as set out in regulation 92; > > > > > (d) a record of assessments of family day care residences and approved family day care venues conducted under regulation 116; > > > > > (e) in the case of a centre-based service, a staff record as set out in regulation 145; > > > > > (f) a record of volunteers and students as set out in regulation 149; > > > > > (g) the records of the responsible person at the service as set out in regulation 150; > > > > > (h) in the case of a centre-based service, a record of educators working directly with children as set out in regulation 151; > > > > > (i) a record of access to early childhood teachers as set out in regulation 152; > > > > > (j) in the case of a family day care service, a record of staff engaged or employed by the service kept under regulation 154; > > > > > (k) a children’s attendance record as set out in regulation 158; > > > > > (l) child enrolment records as set out in regulation 160; > > > > > (m) a record of the service’s compliance with the Law as set out in regulation 167; > > > > > (n) a record of each nominated supervisor and any person in day-to-day charge of the education and care service under section 162 of the Law; > > > > > (o) in the case of a centre-based service, a record of children embarking a means of transport at the education and care service premises as set out in regulation 102E(4)(c); > > > > > (p) in the case of a centre-based service, a record of children disembarking a means of transport at the education and care service premises as set out in regulation 102F(4)(d). > > > > Note. > > > > See section 269(1) of the Law which requires the approved provider to keep a register of each family day care educator, each family day care co-ordinator and each family day care educator assistant engaged, employed or registered to provide education and care to a child. > > > > The Education and Care Services National Regulations 2012 of Western Australia include an extra paragraph after paragraph (d) as follows— > > > > > > “(da) a record of a decision about a child, that affects educator to child ratios at a centre-based service, made under regulation 123(7);”. > > > > See regulation 177(1)(da) of the Education and Care Services National Regulations 2012 of Western Australia. > > > (2) The approved provider of the education and care service must take reasonable steps to ensure the documents referred to in subregulation (1) are accurate. > > > > Penalty: $2200. > > > (3) Subject to Subdivision 4, the approved provider of the education and care service must ensure that— > > > > > (a) subject to subregulations (4) and (4A), the documents referred to in subregulation (1) in relation to a child enrolled at the service are made available to a parent of the child on request; > > > > > (b) the record of compliance referred to in subregulation (1)(m) is able to be accessed on request by any person. > > > > Penalty: $2200. > > > (4) If a parent’s access to information of the kind in the documents referred to in subregulation (1) is limited by an order of a court, the approved provider must refer to the court order in relation to the release of information concerning the child to that parent. > > > (4A) Before disclosing to a parent of a child enrolled at the service any personal information relating to a person specified in subregulation (4B) that is contained in a document referred to in subregulation (1), the approved provider must obtain the written consent of the person to whom the personal information relates to the disclosure of that personal information. > > > (4B) The following persons are specified— > > > > > (a) a parent of a child enrolled at the service, if that person is not the parent making the request under subregulation (3)(a); > > > > > (b) a person who is required to be notified of an emergency involving a child enrolled at the service if a parent of the child cannot be immediately contacted; > > > > > (c) an authorised nominee of a child enrolled at the service; > > > > > (d) a person who is authorised to consent to medical treatment of, or to authorise administration of medication to, a child enrolled at the service; > > > > > (e) a person who is authorised to authorise an educator to take a child enrolled at the service outside the service premises; > > > > > (f) a person who is authorised to authorise the service to transport a child enrolled at the service or arrange transportation of a child enrolled at the service. > > > (4C) A person who has given their written consent under subregulation (4A) may withdraw their consent in writing at any time before the personal information is disclosed. > > > (5) An approved provider of a family day care service is not required to keep a document set out in subregulation (1) if an equivalent record is kept by a family day care educator under regulation 178. > > > (6) In this regulation— > > > > personal information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth. > > Note. > > A compliance direction may be issued for failure to comply with subregulation (2) or (3). > > **Reg 177:** Am 2014 (260), reg 27; 2017 (543), reg 66; 2023 (2), reg 8; 2023 (399), reg 71.