63Assessing approved education and care services

#### 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 > > > > > > > (iii) the relevant Commonwealth Department or a person acting for the relevant Commonwealth Department; > > > > > (b) any information available to the Regulatory Authority about any steps taken by the approved education and care service to rectify any matters identified during the rating assessment; > > > > > (c) information relating to any other quality assurance or registration process under an education law applicable to the approved education and care service; > > > > > (d) in the case of an education and care service that provides education and care to children in the year that is 2 years before grade 1 of school, whether the service facilitates access to a preschool program as set out in regulation 62(2). > > > (3) This regulation does not apply to a reassessment of an education and care service or an aspect or element of an education and care service under section 138 or 139 of the Law. > > > > Note. > > > > See Division 2 of this Part. > > **Reg 63:** Am 2013 (417), reg 14.