99Children leaving the education and care service premises

#### 99 Children leaving the education and care service premises 99 Children leaving the education and care service premises > > (1) The approved provider of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4). > > > > Penalty: $2200. > > > (2) A nominated supervisor of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4). > > > > Penalty: $2200. > > > (3) A family day care educator must ensure that a child who is being educated and cared for by the educator as part of a family day care service does not leave the residence or approved family day care venue except in accordance with subregulation (4). > > > > Penalty: $2200. > > > (4) The child may only leave the relevant premises if the child— > > > > > (a) is given into the care of— > > > > > > > (i) a parent of the child; or > > > > > > > (ii) an authorised nominee named in the child’s enrolment record; or > > > > > > > (iii) a person authorised by a parent or authorised nominee named in the child’s enrolment record to collect the child from the premises; or > > > > > (b) leaves the premises in accordance with the written authorisation of the child’s parent or authorised nominee named in the child’s enrolment record; or > > > > > (c) is taken on an excursion in accordance with this Division; or > > > > > (ca) is transported by the service or on transportation arranged by the service in accordance with Division 7; or > > > > > (d) is given into the care of a person or taken outside the premises— > > > > > > > (i) because the child requires medical, hospital or ambulance care or treatment; or > > > > > > > (ii) because of another emergency. > > > (5) In this regulation parent does not include a parent who is prohibited by a court order from having contact with the child. > > Note. > > Regulation 99 does not apply in Western Australia. Western Australia has enacted an equivalent provision in section 165A of the Schedule to the Education and Care Services National Law (WA) Act 2012. > > **Reg 99:** Am 2013 (417), reg 16; 2017 (543), reg 34; 2021 (380), reg 5; 2023 (399), reg 33.