Children's Services Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Children's Services Amendment Regulations 2011 S.R. No. 162/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Types of licences 5 7 Application for licence 6 8 Condition limiting number of school children cared for 6 9 Regulation 13 substituted 6 13 Conditions applying to licences to operate school holidays care services 6 10 Regulation 14 revoked 7 11 Amendment of heading to Division 5 7 12 Regulation 16 revoked 7 13 Renewal of licence to operate a children's service 7 14 Regulation 18 revoked 7 15 Renewal of licence—late application fee 7 16 Variation or removal of licence condition 7 17 Variation of period of licence 8 18 Information not prescribed for certain classes of applications 8 19 Division 9 of Part 2 revoked 8 20 New Parts 2A and 2B inserted 8 PART 2A—SERVICE APPROVALS FOR APPROVED ASSOCIATED CHILDREN'S SERVICES 8 24A Application for approval of new nominees and primary nominees 8 24B Application for voluntary suspension of service approval for approved associated children's service 9 24C Cancellation of service approval for approved associated children's service at request of approved provider 10 PART 2B—REGISTERS 10 25 Register of licensed children's services and approved associated children's services 10 26 Fees for copies and extracts 11 -- 1 of 68 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 21 Enrolment and other documents 11 22 Attendance record kept by proprietor of a children's service 12 23 Regulation 30 revoked 12 24 Child enrolment records—general 12 25 Regulation 32 revoked 12 26 Authorisations to be kept in child enrolment record 12 27 Health information to be kept in child enrolment record 13 28 Confidentiality of child enrolment records 13 29 Matters to be recorded in medication record 13 30 Matters to be recorded in accident, injury, trauma and illness record 13 31 Heading to Division 5 of Part 3 substituted 13 32 Matters to be recorded in staff record 14 33 Regulation 39 revoked 14 34 Heading to Division 1 of Part 4 revoked 14 35 Information to be displayed at children's service 14 36 Information to be made available at children's service 15 37 Notice of changes to information 15 38 Information to be available—anaphylaxis management policy 15 39 Information to be available—accident, injury, trauma and illness record 15 40 Division 2 of Part 4 revoked 15 41 Minimum staff requirements 15 42 Minimum staff requirements—certain school holidays care services 16 43 Minimum hours of teaching staff—services educating and caring for 25 or more children 16 44 New regulation 52A inserted 17 52A Minimum hours of teaching staff—services educating or caring for fewer than 25 children 17 45 Regulation 54 substituted 18 54 Child/staff ratios—school holidays care services 18 46 Minimum training 19 47 Regulation 61 revoked 19 48 Secretary may declare qualifications or training 19 49 Staff members to have first aid and anaphylaxis management training 19 50 Regulation 64 revoked 20 51 Adrenaline auto-injection device and CPR training 20 52 Secretary may approve first aid and anaphylaxis management training 20 53 Anaphylaxis training where child diagnosed as at risk 20 54 Health of staff members 21 55 Regulation 69 revoked 21 56 Assessment notices 21 -- 2 of 68 -- Regulation Page iii Authorised by the Chief Parliamentary Counsel 57 New regulation 70A inserted 22 70A Assessment notices—approved associated children's services 22 58 Access to the premises 24 59 Collection of children 24 60 Authorisation for removal of child by staff member 25 61 Additional requirements where child removed by staff member 25 62 Emergency procedures 26 63 Communication equipment 26 64 Personal hygiene needs of children 26 65 Water to be available 26 66 Food and beverage requirements 26 67 Food provided by the children's service 26 68 Smoke-free environment 26 69 Authorisation to administer medication 27 70 First aid kit 27 71 Regulation 85 revoked 27 72 Provision of first aid 27 73 Sick or injured child 27 74 Notification of infectious disease 28 75 Equipment 28 76 Regulation 94 revoked 28 77 New regulation 95A inserted 28 95A Children's rooms—approved associated children's services 28 78 Area of children's rooms 29 79 Outdoor space 29 80 Outdoor space—school holidays care services 30 81 Fencing 31 82 Administration room 32 83 Toilet and washing facilities 32 84 Nappy changing facilities 33 85 Sleep and rest facilities 33 86 Food preparation facilities 34 87 Complaints 34 88 Act and Regulations to be available 34 89 New regulation 126 inserted 35 126 Part ceases to apply on 1 January 2012 35 90 New Part 10 inserted 35 PART 10—TRANSITIONAL AND SAVING PROVISIONS—CHILDREN'S SERVICES AMENDMENT ACT 2011 35 127 Definitions 35 128 Transitional provision—existing licensed children's services providing education and care during school holidays 35 -- 3 of 68 -- Regulation Page iv Authorised by the Chief Parliamentary Counsel 129 Transitional provision with respect to teaching staff members 36 130 Transitional provisions with respect to minimum training—services other than school holidays care services 37 131 Transitional provisions with respect to minimum training—school holidays care services 39 91 Referee statement 40 92 Proposed accepted nominee declaration 40 93 School holidays care services 40 94 Additional information for school holidays care services at locations other than registered schools 41 95 Additional information for school holidays care services in registered schools 41 96 Integrated services 41 97 New clause 13A inserted 41 13A Additional information—education and care service on same premises 41 98 Applications for approval of alterations or extensions to premises 42 99 Children's services other than integrated services 43 100 Integrated services 45 101 Clause 17 of Schedule 1 revoked 47 102 Application for approval of new nominees 47 103 Part 5 of Schedule 1 revoked 47 104 Heading to Division 1 of Part 6 revoked 48 105 Renewal of licences 48 106 Division 2 of Part 6 of Schedule 1 revoked 49 107 Application to vary or revoke a condition or impose a new condition on a licence 50 108 Application to vary period of licence 50 109 Part 10 of Schedule 1 revoked 51 110 New Parts 12 to 14 of Schedule 1 inserted 52 PART 12—APPLICATION FOR APPROVAL OF NEW NOMINEES FOR APPROVED ASSOCIATED CHILDREN'S SERVICES 52 32 Application for approval of new nominees and primary nominees 52 PART 13—APPLICATION FOR VOLUNTARY SUSPENSION OF SERVICE APPROVAL FOR APPROVED ASSOCIATED CHILDREN'S SERVICE 54 33 Application for voluntary suspension of service approval for approved associated children's service 54 -- 4 of 68 -- Regulation Page v Authorised by the Chief Parliamentary Counsel PART 14—APPLICATION FOR CANCELLATION OF SERVICE APPROVAL FOR APPROVED ASSOCIATED CHILDREN'S SERVICES 56 34 Application for cancellation of service approval for approved associated children's service at request of approved provider 56 111 Fees for applications for approval of premises proposed to be used or constructed for use in operating a children's service 57 112 Fees for applications for approval of alterations or extensions to premises 58 113 Fees for applications for licence to operate a children's service 58 114 Heading 4 and table under heading 4 revoked 59 115 Fees for applications for renewal of licence to operate a children's service 59 116 Fees for late application for renewal of licence to operate children's service 59 117 Fees for applications to vary or revoke a condition or restriction or to impose a condition or restriction on a licence 60 118 Fees for application to vary period of a licence 60 119 Prescribed matters 61 120 Risk minimisation plan 61 121 Communication plan 62 122 Schedule 4 revoked 62 ═══════════════ ENDNOTES 63 -- 5 of 68 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 162/2011 Children's Services Act 1996 Children's Services Amendment Regulations 2011 The Governor in Council makes the following Regulations: Dated: 21 December 2011 Responsible Minister: WENDY LOVELL Minister for Children and Early Childhood Development MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Children's Services Regulations 2009— (a) to make consequential amendments as a result of the amendments made to the Children's Services Act 1996 by the Children's Services Amendment Act 2011; and (b) to set out minimum hours of access to teaching staff members for standard services caring for or educating less than 25 children; and (c) to make other consequential and miscellaneous amendments. 2 Authorising provision These Regulations are made under section 56 of the Children's Services Act 1996. -- 6 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 January 2012. 4 Principal Regulations In these Regulations, the Children's Services Regulations 2009 1 are called the Principal Regulations. 5 Definitions (1) In regulation 5(1) of the Principal Regulations— (a) insert the following definitions— "budget based service means a children's service that— (a) receives financial assistance under the Budget Based Funding Program element of the Child Care Services Support Program; and (b) is not a service that receives the Child Care Benefit in relation to the provision of education and care; early childhood intervention service means a children's service provided for the principal purpose of providing intervention (other than purely therapeutic intervention) or support for children with a disability, additional needs or developmental delay; mobile service means a children's service that— (a) provides education and care primarily to children who are not school children; and r. 3 -- 7 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel (b) transports its equipment and materials or staff to one or more locations on each occasion that the service is provided; occasional care service means a children's service that provides education and care to children primarily on an ad hoc or casual basis where— (a) the service does not usually offer full-time or all day education and care to children on an ongoing basis; and (b) most of the children provided with education and care are not school children; school holidays care service means a children's service that is established to care for or educate children for no more than 4 weeks per calendar year during school holidays;"; (b) in the definition of early childhood intervention staff member, for "staff member" substitute "worker"; (c) in the definition of integrated service omit "or a family day care service"; (d) the example at the foot of the definition of short term Type 1 service is revoked; (e) the example at the foot of the definition of short term Type 2 service is revoked; (f) in the definition of staff member, for ", a family day carer or a visiting early childhood intervention staff member" substitute "or an early childhood intervention worker"; r. 5 -- 8 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel (g) for the definition of standard service substitute— "standard service means a children's service that is— (a) an early childhood intervention service; or (b) an occasional care service; or (c) a mobile service; or (d) a budget based service;"; (h) the definitions of outside school hours care service, outside school hours care Type 1 service, outside school hours care Type 2 service and visiting early childhood intervention staff member are revoked. (2) In regulation 5(1) of the Principal Regulations, in the definition of qualified staff member— (a) in paragraph (b)(ii), for "an outside school hours care service" substitute "a school holidays care service"; (b) for paragraph (d) substitute— "(d) holds one of the following qualifications— (i) a qualification included in the list of approved diploma level education and care qualifications published under the national regulations; or (ii) a qualification included in the list of approved early childhood teaching qualifications published under the national regulations; or r. 5 -- 9 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel (e) in the case of a school holidays care service— (i) holds a primary school teaching qualification; or (ii) holds a qualification included in the list of qualifications for working with children over preschool age for Victoria published under the national regulations;". (3) In regulation 5(1) of the Principal Regulations, in the definition of teaching staff member— (a) in paragraph (b), for "paragraph (a);" substitute "paragraph (a); or"; (b) after paragraph (b) insert— "(c) holds a qualification included in the list of approved early childhood teaching qualifications published under the national regulations;". (4) Regulation 5(4) and (5) of the Principal Regulations are revoked. 6 Types of licences (1) For regulation 7(b) of the Principal Regulations substitute— "(b) a licence to operate a school holidays care service;". (2) Regulation 7(c) of the Principal Regulations is revoked. (3) The note at the foot of regulation 7 of the Principal Regulations is revoked. r. 6 -- 10 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel 7 Application for licence (1) In regulation 8(1) of the Principal Regulations, for "section 18(a)" substitute "section 18(1)(a)". (2) For regulation 8(2)(b) of the Principal Regulations substitute— "(b) the number of places offered by the children's service; and". (3) In regulation 8(3) of the Principal Regulations, for "section 18(b)(viii)" substitute "section 18(1)(b)(viii)". 8 Condition limiting number of school children cared for For regulation 10(2) of the Principal Regulations substitute— "(2) This condition does not apply to— (a) a licence to operate a school holidays care service; or (b) a component of an integrated licence that consists of a school holidays care service.". 9 Regulation 13 substituted For regulation 13 of the Principal Regulations substitute— "13 Conditions applying to licences to operate school holidays care services (1) All the children cared for or educated by a school holidays care service must be school children. (2) A school holidays care service may care for or educate children only during school holidays.". r. 7 -- 11 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 7 Authorised by the Chief Parliamentary Counsel 10 Regulation 14 revoked Regulation 14 of the Principal Regulations is revoked. 11 Amendment of heading to Division 5 In the heading to Division 5 of Part 2 of the Principal Regulations omit "and venues". 12 Regulation 16 revoked Regulation 16 of the Principal Regulations is revoked. 13 Renewal of licence to operate a children's service (1) For the heading to regulation 17 of the Principal Regulations substitute— "Renewal of licence to operate a children's service". (2) In regulation 17(1) of the Principal Regulations omit ", other than a family day care service,". 14 Regulation 18 revoked Regulation 18 of the Principal Regulations is revoked. 15 Renewal of licence—late application fee For regulation 19(b) of the Principal Regulations substitute— "(b) the number of places offered by the children's service; and". 16 Variation or removal of licence condition For regulation 20(3)(b) of the Principal Regulations substitute— "(b) the number of places offered by the children's service.". r. 10 -- 12 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 8 Authorised by the Chief Parliamentary Counsel 17 Variation of period of licence For regulation 21(2)(b) of the Principal Regulations substitute— "(b) the number of places offered by the children's service; and". 18 Information not prescribed for certain classes of applications In regulation 24(2) of the Principal Regulations omit "18,". 19 Division 9 of Part 2 revoked Division 9 of Part 2 of the Principal Regulations is revoked. 20 New Parts 2A and 2B inserted After Part 2 of the Principal Regulations insert— "PART 2A—SERVICE APPROVALS FOR APPROVED ASSOCIATED CHILDREN'S SERVICES 24A Application for approval of new nominees and primary nominees For the purposes of section 25Y of the Act— (a) the relevant prescribed information for an application under section 25X of the Act is the information set out in Part 12 of Schedule 1; and (b) the relevant prescribed fee for that application is 3 fee units. r. 17 -- 13 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 9 Authorised by the Chief Parliamentary Counsel 24B Application for voluntary suspension of service approval for approved associated children's service (1) For the purposes of section 25ZA(2) of the Act— (a) the relevant prescribed information for an application under section 25ZA(1) of the Act is the information set out in Part 13 of Schedule 1; and (b) the relevant prescribed fee for that application is 3 fee units. (2) For the purposes of section 25ZA(3)(b) of the Act, the following conditions are prescribed— (a) either— (i) the premises at which the service operates will be undergoing building works or renovation during the proposed period of suspension; or (ii) in the case of a service that is located in a rural or remote area, the number of children enrolled at the service means that it would not be viable to operate the service during the proposed period of suspension; (b) the service approval, to the extent that it relates to an approved associated children's service, has not been suspended during the previous 5 years; (c) the proposed period of suspension is no longer than 12 months. r. 20 -- 14 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 10 Authorised by the Chief Parliamentary Counsel 24C Cancellation of service approval for approved associated children's service at request of approved provider A request by the approved provider of an approved associated children's service under section 25ZB of the Act to cancel a service approval to the extent that it relates to an approved associated children's service must be accompanied by the information set out in Part 14 of Schedule 1. __________________ PART 2B—REGISTERS 25 Register of licensed children's services and approved associated children's services (1) For the purposes of section 53(2) of the Act, the prescribed information about a children's service other than an approved associated children's service is— (a) the name, address, telephone and email contact details of the children's service; and (b) the name of the licensee; and (c) the name of the representative (if any); and (d) the name of the primary nominee; and (e) the number of the licence; and (f) the type of licence; and (g) the type of services provided by the licensee at the premises; and (h) the date the licence was granted and the date it expires; and r. 20 -- 15 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 11 Authorised by the Chief Parliamentary Counsel (i) the maximum number of children who may be cared for or educated by the service at any one time. (2) For the purposes of section 53(2) of the Act, the prescribed information about an approved associated children's service is— (a) the name, address, telephone and email contact details of the approved associated children's service; and (b) the name of the approved provider; and (c) the name of the primary nominee; and (d) the service approval number; and (e) the date the service approval was granted; and (f) the type of children's service provided by the approved provider at the premises; and (g) the maximum number of children who may be cared for or educated by the service at any one time. 26 Fees for copies and extracts For the purposes of section 53(4) of the Act, the prescribed fee for a copy of or extract from the register kept under section 53(1) of the Act is 3 fee units. __________________". 21 Enrolment and other documents Regulation 28(1)(f), (3) and (4) of the Principal Regulations are revoked. r. 21 -- 16 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 12 Authorised by the Chief Parliamentary Counsel 22 Attendance record kept by proprietor of a children's service In regulation 29(2)(b) of the Principal Regulations omit "or family day carer". 23 Regulation 30 revoked Regulation 30 of the Principal Regulations is revoked. 24 Child enrolment records—general (1) For regulation 31(f) of the Principal Regulations substitute— "(f) the name, address and telephone number of each person who has lawful authority to authorise the taking of the child outside the premises of the service by a staff member of the service;". (2) In regulation 31(g)(iii) of the Principal Regulations omit "or family day carer". 25 Regulation 32 revoked Regulation 32 of the Principal Regulations is revoked. 26 Authorisations to be kept in child enrolment record (1) Regulation 33(b) of the Principal Regulations is revoked. (2) For regulation 33(c) of the Principal Regulations substitute— "(c) if relevant, an authorisation signed by a person whose name has been provided under regulation 31(f) for the children's service to take the child on routine outings.". r. 22 -- 17 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 13 Authorised by the Chief Parliamentary Counsel 27 Health information to be kept in child enrolment record In regulation 34(g) of the Principal Regulations omit "or a family day carer". 28 Confidentiality of child enrolment records Regulation 35(2) of the Principal Regulations is revoked. 29 Matters to be recorded in medication record (1) Regulation 36(2) of the Principal Regulations is revoked. (2) In regulation 36(3)(b) of the Principal Regulations omit "or 32(g)". 30 Matters to be recorded in accident, injury, trauma and illness record (1) Regulation 37(2) of the Principal Regulations is revoked. (2) In regulation 37(3) of the Principal Regulations— (a) in paragraph (a) omit "or the family day carer"; (b) in paragraph (b), for "children's service or the family day carer" substitute "children's service,"; (c) in paragraphs (c) and (d) omit "or family day carer" (wherever occurring). 31 Heading to Division 5 of Part 3 substituted For the heading to Division 5 of Part 3 of the Principal Regulations substitute— "Division 5—Staff records". r. 27 -- 18 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 14 Authorised by the Chief Parliamentary Counsel 32 Matters to be recorded in staff record (1) In regulation 38(2)(a) of the Principal Regulations, for "visiting early childhood intervention staff member" substitute "early childhood intervention worker". (2) In regulation 38(3) of the Principal Regulations— (a) for "visiting early childhood intervention staff member" substitute "early childhood intervention worker"; (b) in paragraph (a), after "licensee," insert "approved provider,". (3) In regulation 38(4) of the Principal Regulations, for "regulation 70(5), 70(6) or 70(7)" substitute "regulation 70 or 70A". 33 Regulation 39 revoked Regulation 39 of the Principal Regulations is revoked. 34 Heading to Division 1 of Part 4 revoked The heading to Division 1 of Part 4 of the Principal Regulations is revoked. 35 Information to be displayed at children's service (1) In the heading to regulation 40 of the Principal Regulations omit "other than family day care service". (2) In regulation 40(1) of the Principal Regulations omit ", other than a family day care service,". (3) For regulation 40(1)(b) of the Principal Regulations substitute— "(b) the names of— (i) the licensee and, if the licensee is a body corporate, a representative; or r. 32 -- 19 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 15 Authorised by the Chief Parliamentary Counsel (ii) in the case of an approved associated children's service, the approved provider and, if the approved provider is a body corporate, a responsible person;". (4) In regulation 40(1)(d) of the Principal Regulations for "licensee" substitute "licensee, approved provider". 36 Information to be made available at children's service (1) In the heading to regulation 41 of the Principal Regulations omit "other than family day care service". (2) In regulation 41 of the Principal Regulations omit ", other than a family day care service,". 37 Notice of changes to information In regulation 42 of the Principal Regulations omit ", other than a family day care service,". 38 Information to be available—anaphylaxis management policy In regulation 43 of the Principal Regulations omit ", other than a family day care service,". 39 Information to be available—accident, injury, trauma and illness record In regulation 44 of the Principal Regulations omit ", other than a family day care service,". 40 Division 2 of Part 4 revoked Division 2 of Part 4 of the Principal Regulations is revoked. 41 Minimum staff requirements In regulation 50 of the Principal Regulations omit "a family day care service or". r. 36 -- 20 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 16 Authorised by the Chief Parliamentary Counsel 42 Minimum staff requirements—certain school holidays care services (1) In the heading to regulation 51 of the Principal Regulations, for "outside school hours care services" substitute "school holidays care services". (2) In regulation 51(1) of the Principal Regulations, for "an outside school hours care service" substitute "a school holidays care service". (3) In regulation 51(1)(b) of the Principal Regulations, for "outside school hours care service" substitute "school holidays care service". 43 Minimum hours of teaching staff—services educating and caring for 25 or more children (1) For the heading to regulation 52 of the Principal Regulations substitute— "Minimum hours of teaching staff—services educating and caring for 25 or more children". (2) For regulation 52(1) of the Principal Regulations substitute— "(1AA) This regulation applies to— (a) a standard service that is licensed or, in the case of an approved associated children's service, approved to care for and educate 25 or more children at any one time; (b) an integrated service that includes a standard service component that is licensed to care for and educate 25 or more children at any one time. r. 42 -- 21 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 17 Authorised by the Chief Parliamentary Counsel (1) The proprietor of the service must ensure that a teaching staff member is caring for or educating children at the standard service or each standard service component for at least the lesser of— (a) 50 per cent of the time the service is open to care for or educate children; or (b) 20 hours per week. Penalty: 10 penalty units.". 44 New regulation 52A inserted After regulation 52 of the Principal Regulations insert— "52A Minimum hours of teaching staff— services educating or caring for fewer than 25 children (1) This regulation applies to— (a) a standard children's service that is licensed or, in the case of an approved associated children's service, approved to care for and educate fewer than 25 children at any one time; or (b) an integrated service that includes a standard service component that is licensed to care for and educate fewer than 25 children at any one time. (2) The proprietor of the service must ensure that the standard service or each standard service component has access to a teaching staff member working with the service for at least 20 per cent of the time the service provides education or care. Penalty: 10 penalty units. r. 44 -- 22 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 18 Authorised by the Chief Parliamentary Counsel (3) If a teaching staff member is absent from the service because of illness or annual leave, the following persons may be taken for the purposes of subregulation (2) to be a teaching staff member during that absence— (a) a qualified staff member; or (b) a person who holds a qualification in primary school teaching. (4) To avoid doubt, subregulation (3) does not apply in the case of maternity leave, long service leave or other similar leave. (5) For the purposes of subregulation (2)— (a) a teaching staff member is working with the service if he or she is carrying out activities for the service, including caring for and educating children and planning programs; (b) the teaching staff member may be working with the service by means of information communication technology. (6) For the purposes of this regulation the period that a teaching staff member works with a service may be calculated on a quarterly basis.". 45 Regulation 54 substituted For regulation 54 of the Principal Regulations substitute— "54 Child/staff ratios—school holidays care services For the purposes of section 29A of the Act, the prescribed number of staff members for a school holidays care service is— r. 45 -- 23 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 19 Authorised by the Chief Parliamentary Counsel (a) 1 staff member for every 15 children or fraction of that number; and (b) 1 qualified staff member for every 30 children or fraction of that number.". 46 Minimum training (1) In regulation 60 of the Principal Regulations omit ", other than a family day care service,". (2) After regulation 60(b) of the Principal Regulations insert— "(ba) holds a qualification included in the list of approved certificate III level education and care qualifications published under the national regulations; or". (3) In regulation 60(f) of the Principal Regulations, for "an outside school hours care service" substitute "a school holidays care service". 47 Regulation 61 revoked Regulation 61 of the Principal Regulations is revoked. 48 Secretary may declare qualifications or training In regulation 62 of the Principal Regulations omit "or 61". 49 Staff members to have first aid and anaphylaxis management training For regulation 63(1) of the Principal Regulations substitute— "(1AA) This regulation applies in respect of a staff member who is— (a) counted in the minimum number of staff members required for the purposes of regulation 50; or r. 46 -- 24 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 20 Authorised by the Chief Parliamentary Counsel (b) a qualified staff member on duty for the purposes of regulation 51; or (c) counted in the prescribed number of staff members or qualified staff members for the purposes of Division 2 of Part 5. (1) The proprietor of a children's service must ensure each staff member has completed at least every 3 years the first aid training and anaphylaxis management training set out in this regulation that is approved by the Secretary in accordance with regulation 66. Penalty: 10 penalty units.". 50 Regulation 64 revoked Regulation 64 of the Principal Regulations is revoked. 51 Adrenaline auto-injection device and CPR training (1) In regulation 65(1) of the Principal Regulations omit ", other than a family day care service,". (2) Regulation 65(2) of the Principal Regulations is revoked. 52 Secretary may approve first aid and anaphylaxis management training In regulation 66(1) of the Principal Regulations omit "or 64". 53 Anaphylaxis training where child diagnosed as at risk (1) In regulation 67(2) of the Principal Regulations omit "other than a family day care service". (2) Regulation 67(3) of the Principal Regulations is revoked. r. 50 -- 25 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 21 Authorised by the Chief Parliamentary Counsel (3) In regulation 67(4) of the Principal Regulations omit "or family day carer". 54 Health of staff members (1) In the heading to regulation 68 of the Principal Regulations omit "and family day carers". (2) In regulation 68(1) of the Principal Regulations omit "other than a family day care service". (3) Regulation 68(2), (3) and (5) of the Principal Regulations are revoked. 55 Regulation 69 revoked Regulation 69 of the Principal Regulations is revoked. 56 Assessment notices (1) Regulation 70(2) of the Principal Regulations is revoked. (2) In regulation 70(4) of the Principal Regulations for "visiting early childhood intervention staff member" substitute "early childhood intervention worker". (3) In regulation 70(6) of the Principal Regulations omit "(2),". (4) After regulation 70(7) of the Principal Regulations insert— "(7A) Subregulation (4) does not apply if the early childhood intervention worker cares for or educates children at the children's service only under the immediate supervision of the proprietor or a qualified staff member of the service.". r. 54 -- 26 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 22 Authorised by the Chief Parliamentary Counsel 57 New regulation 70A inserted After regulation 70 of the Principal Regulations insert— "70A Assessment notices—approved associated children's services (1) An approved provider of an approved associated children's service must read, or must ensure the primary nominee or nominee currently present and in charge of the children's service has read, a person's current assessment notice before that person becomes an employee or is otherwise engaged as a staff member of the children's service. Penalty: 10 penalty units. (2) An approved provider of an approved associated children's service must read, or must ensure that the primary nominee or nominee currently present and in charge of the children's service has read, a person's current assessment notice or volunteer assessment notice before the person becomes a volunteer at the associated children's service. Penalty: 10 penalty units. (3) An approved provider of an approved associated children's service must read, or must ensure the primary nominee or nominee currently present and in charge of the children's service has read, a current assessment notice for each early childhood intervention worker. Penalty: 10 penalty units. r. 57 -- 27 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 23 Authorised by the Chief Parliamentary Counsel (4) Subregulations (1), (2) and (3) do not apply in respect of a person if— (a) an assessment notice or volunteer assessment cannot be issued for the person because of the person's age; and (b) the person cares for or educates children at the approved associated children's service only under the immediate supervision of the proprietor or a qualified staff member of the service. (5) Subregulations (1), (2) and (3) do not apply in respect of a person who is registered as a teacher under the Education and Training Reform Act 2006, if the approved provider, primary nominee or nominee currently present and in charge of the children's service has checked the relevant register kept under that Act and confirmed that the person is so registered. (6) Subregulation (2) does not apply if the volunteer— (a) cares for or educates children at the approved associated children's service only under the immediate supervision of the proprietor or a qualified staff member of the service; and (b) is not included in the child/staff ratios if the service is a limited hours or short term service. (7) Subregulation (3) does not apply if the early childhood intervention worker cares for or educates children at the approved associated children's service only under the immediate supervision of the proprietor or a qualified staff member of the service. r. 57 -- 28 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 24 Authorised by the Chief Parliamentary Counsel (8) An approved provider of an approved associated children's service must ensure that any information in an assessment notice or a volunteer assessment notice referred to in this regulation and read by the approved provider, the nominee currently present and in charge of the children's service or the primary nominee of the children's service is not divulged by the approved provider, the nominee or the primary nominee, directly or indirectly, to any person except the approved provider, the nominee, the primary nominee, the Secretary or an authorised officer. Penalty: 10 penalty units. Note It is an offence under section 35 of the Working with Children Act 2005 to engage a person in child- related work if the person does not have a current assessment notice.". 58 Access to the premises In regulation 71(b) of the Principal Regulations omit "or a family day carer". 59 Collection of children (1) In regulation 72(1)(b) of the Principal Regulations omit "or a family day carer engaged by the service to provide care or education to children". (2) For the example at the foot of regulation 72(2) of the Principal Regulations substitute— "Example A school child's parent may authorise the school child to leave a school holidays care service unaccompanied.". r. 58 -- 29 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 25 Authorised by the Chief Parliamentary Counsel 60 Authorisation for removal of child by staff member (1) In the heading to regulation 73 of the Principal Regulations omit "or family day carer". (2) In regulation 73(1) of the Principal Regulations omit "or a family day carer". (3) In regulation 73(2) of the Principal Regulations omit "or family day carer". (4) In regulation 73(2)(g) of the Principal Regulations omit ", family day carers". (5) In regulation 73(3) of the Principal Regulations omit "or a family day carer". (6) In regulation 73(3)(a) of the Principal Regulations omit "or family day carer". (7) In regulation 73(3)(b) of the Principal Regulations omit "except in the case of a family day care service,". (8) For the example at the foot of regulation 73(3) of the Principal Regulations substitute— "Example Routine outings may include trips taken from a children's service to a library or a park nearby.". 61 Additional requirements where child removed by staff member (1) In the heading to regulation 74 of the Principal Regulations omit "or family day carer". (2) In regulation 74(1) of the Principal Regulations omit ", other than a family day care service,". (3) Regulation 74(2) and (3) of the Principal Regulations are revoked. (4) In regulation 74(4) of the Principal Regulations omit "or family day carer" (wherever occurring). r. 60 -- 30 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 26 Authorised by the Chief Parliamentary Counsel 62 Emergency procedures (1) In regulation 76(1) of the Principal Regulations omit ", other than a family day care service,". (2) Regulation 76(2) of the Principal Regulations is revoked. 63 Communication equipment (1) In regulation 77(1) of the Principal Regulations omit ", other then a family day care service,". (2) Regulation 77(2) of the Principal Regulations is revoked. 64 Personal hygiene needs of children Regulation 78(3) and (4) of the Principal Regulations are revoked. 65 Water to be available Regulation 79(2) of the Principal Regulations is revoked. 66 Food and beverage requirements (1) In regulation 80(1)(a) of the Principal Regulations omit "or the family day care service". (2) Regulation 80(2) of the Principal Regulations is revoked. 67 Food provided by the children's service (1) In the heading to regulation 81 of the Principal Regulations omit "or family day carer". (2) Regulation 81(2) of the Principal Regulations is revoked. 68 Smoke-free environment Regulation 82(2) of the Principal Regulations is revoked. r. 62 -- 31 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 27 Authorised by the Chief Parliamentary Counsel 69 Authorisation to administer medication (1) In regulation 83(1) of the Principal Regulations, for "sections 29B(1)(a) and 29B(2)(a)" substitute "section 29B(1)(a)". (2) In regulation 83(2) of the Principal Regulations, for "sections 29B(1)(a) and 29B(2)(a)" substitute "section 29B(1)(a)". (3) In regulation 83(3) of the Principal Regulations, for "sections 29B(1)(b) and 29B(2)(b)" substitute "section 29B(1)(b)". (4) In regulation 83(3)(c) of the Principal Regulations, for "except in the case of a family day care service, a family day carer or an outside school hours care service" substitute "except in the case of a school holidays care service". 70 First aid kit (1) For the heading to regulation 84 of the Principal Regulations substitute— "First aid kit". (2) In regulation 84(1), (2) and (3) of the Principal Regulations omit ", other than a family day care service,". 71 Regulation 85 revoked Regulation 85 of the Principal Regulations is revoked. 72 Provision of first aid Regulation 86(3) of the Principal Regulations is revoked. 73 Sick or injured child (1) In regulation 88(2) and (3) of the Principal Regulations omit ", other than a family day care service,". r. 69 -- 32 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 28 Authorised by the Chief Parliamentary Counsel (2) Regulation 88(4) and (5) of the Principal Regulations are revoked. 74 Notification of infectious disease (1) In regulation 89(1) of the Principal Regulations— (a) omit ", other than a family day care service,"; (b) for "Schedule 6 to the Health (Infectious Diseases) Regulations 2001" substitute "Schedule 7 to the Public Health and Wellbeing Regulations 2009". (2) Regulation 89(2) and (3) of the Principal Regulations are revoked. 75 Equipment Regulation 93(2) of the Principal Regulations is revoked. 76 Regulation 94 revoked Regulation 94 of the Principal Regulations is revoked. 77 New regulation 95A inserted After regulation 95 of the Principal Regulations insert— "95A Children's rooms—approved associated children's services (1) An approved provider of an approved associated children's service must provide a children's room at the children's service. Penalty: 10 penalty units. (2) If children under 3 years of age are being cared for or educated by the approved associated children's service, an approved provider must provide at least 2 children's rooms except in the case of an approved r. 74 -- 33 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 29 Authorised by the Chief Parliamentary Counsel associated children's service that is a limited hours service or short term service. Penalty: 10 penalty units. (3) An approved provider of an approved associated children's service must ensure that adequate natural lighting is provided in a children's room, except for a children's room at an approved associated children's service that is a limited hours Type 1 service or a short term Type 2 service. Penalty: 10 penalty units.". 78 Area of children's rooms After regulation 96(1) of the Principal Regulations insert— "(1A) An approved provider of an approved associated children's service must ensure that the floor area of a children's room at the children's service allows a clear space for each child being cared for or educated in that room of at least 3·25 square metres. Penalty: 10 penalty units.". 79 Outdoor space (1) For regulation 97(1) of the Principal Regulations substitute— "(1) A licensee must ensure that outdoor space that meets the requirements of subregulation (1B) is provided at the children's service. Penalty: 10 penalty units. r. 78 -- 34 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 30 Authorised by the Chief Parliamentary Counsel (1A) An approved provider of an approved associated children's service must ensure that outdoor space that meets the requirements of subregulation (1B) is provided at the approved associated children's service. Penalty: 10 penalty units. (1B) For the purposes of this regulation outdoor space must— (a) have a useable area of at least 7 square metres for each child who is cared for or educated by the children's service; and (b) include features that enable each child who is cared for or educated by the children's service to explore and experience the natural environment; and (c) include adequate shading to protect children from harmful exposure to the sun.". (2) For regulation 97(3) of the Principal Regulations substitute— "(3) This regulation does not apply to a children's service or approved associated children's service that is a limited hours service, a short term service or a school holidays care service.". 80 Outdoor space—school holidays care services (1) For the heading to regulation 98 of the Principal Regulations substitute— "Outdoor space—school holidays care services". r. 80 -- 35 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 31 Authorised by the Chief Parliamentary Counsel (2) In regulation 98(1) of the Principal Regulations for "an outside school hours care service" substitute "a school holidays care service". (3) After regulation 98(1) insert— "(1A) An approved provider of an approved associated children's service that is a school holidays care service must ensure that the following is provided for each child cared for or educated by the service at or near the service— (a) outdoor space with a useable area of at least 7 square metres; or (b) indoor playing space with a useable area of at least 7 square metres. Penalty: 10 penalty units.". (4) In regulation 98(2) of the Principal Regulations after "subregulation (1)(b)" insert "and (1A)(b)". 81 Fencing (1) After regulation 99(1) of the Principal Regulations insert— "(1A) An approved provider of an approved associated children's service must ensure that— (a) any outdoor space provided at a children's service is enclosed by a fence or barrier that is at least 1·5 metres high measured from ground level; and (b) a child being cared for or educated by the children's service cannot go through, over or under the fence or barrier or any gate or fitting. Penalty: 10 penalty units.". r. 81 -- 36 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 32 Authorised by the Chief Parliamentary Counsel (2) In regulation 99(2) of the Principal Regulations for "an outside school hours care service" substitute "a school holidays care service". 82 Administration room At the end of regulation 100 of the Principal Regulations insert— "(2) An approved provider of an approved associated children's service must provide an administration room or space at the children's service for the purposes of— (a) conducting administrative functions of the service; and (b) consulting with parents and guardians of children; and (c) providing facilities for respite for staff members and volunteers. Penalty: 2 penalty units.". 83 Toilet and washing facilities At the end of regulation 101 of the Principal Regulations insert— "(2) An approved provider of an approved associated children's service must ensure that— (a) adequate and age-appropriate toilet and hand washing facilities are provided for the use of children being cared for or educated by the children's service; and (b) the location and design of the toilet and hand washing facilities enable safe use by the children. Penalty: 5 penalty units.". r. 82 -- 37 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 33 Authorised by the Chief Parliamentary Counsel 84 Nappy changing facilities At the end of regulation 102 of the Principal Regulations insert— "(2) If children who wear nappies are cared for or educated by an approved associated children's service, the approved provider must ensure that adequate and age- appropriate facilities are provided for changing nappies in a safe and hygienic manner. Penalty: 8 penalty units.". 85 Sleep and rest facilities (1) In regulation 103(1) of the Principal Regulations, for "an outside school hours care service" substitute "a school holidays care service". (2) After regulation 103(1) of the Principal Regulations insert— "(1A) An approved provider of an approved associated children's service, other than a school holidays care service, must ensure that— (a) an adequate number of suitable cots, beds, stretchers or mattresses are provided for the use of children being cared for or educated by the service; and (b) an adequate supply of bedding and bed linen is available; and (c) all bedding and bed linen is kept clean and maintained in good repair. Penalty: 8 penalty units.". (3) In regulation 103(2) of the Principal Regulations, for "an outside school hours care service" substitute "a school holidays care service". r. 84 -- 38 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 34 Authorised by the Chief Parliamentary Counsel (4) After regulation 103(2) of the Principal Regulations insert— "(3) An approved provider of an approved associated children's service that is an outside school hours care service must ensure that an adequate rest area is provided for the use of children being cared for or educated by the service.". 86 Food preparation facilities (1) In regulation 104 of the Principal Regulations omit "or, in the case of a family day care service, the family day carer". (2) At the end of regulation 104 of the Principal Regulations insert— "(2) An approved provider of an approved associated children's service must ensure that the following are available to and accessible by the staff members of the children's service— (a) facilities to cook or heat food; (b) washing up facilities; (c) refrigerated food storage facilities. Penalty: 8 penalty units.". 87 Complaints In regulation 105(1) of the Principal Regulations omit "or a family day carer". 88 Act and Regulations to be available In regulation 106 of the Principal Regulations omit "family day carers,". r. 86 -- 39 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 35 Authorised by the Chief Parliamentary Counsel 89 New regulation 126 inserted After regulation 125 of the Principal Regulations insert— "126 Part ceases to apply on 1 January 2012 This Part ceases to apply on 1 January 2012.". 90 New Part 10 inserted After Part 9 of the Principal Regulations insert— "PART 10—TRANSITIONAL AND SAVING PROVISIONS—CHILDREN'S SERVICES AMENDMENT ACT 2011 127 Definitions In this Part— amending regulations means the Children's Services Amendment Regulations 2011; commencement day means 1 January 2012; existing licensed children's service means a children's service that— (a) immediately before the commencement day, was a licensed children's service; and (b) on the commencement day continues to be licensed under the Act. 128 Transitional provision—existing licensed children's services providing education and care during school holidays If, immediately before the commencement day, an existing licensed children's service was a service that provided education and care for no more than 4 weeks per calendar r. 89 -- 40 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 36 Authorised by the Chief Parliamentary Counsel year during school holidays, on and from the commencement day the existing licensed children's service is taken to be— (a) a school holidays care service; or (b) if the existing licensed children's service is an integrated service, an integrated service that includes a school holidays care service component. 129 Transitional provision with respect to teaching staff members Regulation 52 as amended by regulation 43 of the amending regulations does not apply until 1 January 2014 in respect of an existing licensed children's service if— (a) immediately before 25 May 2009 the service was a licensed children's service; or (b) a licence was issued on or after 25 May 2009 for the service to a person who, immediately before that day— (i) had made an application for approval in principle; or (ii) was granted an approval in principle but had not made an application for a licence to operate the children's service; or (iii) had made an application for a licence to operate a children's service, but that application had not been decided. r. 90 -- 41 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 37 Authorised by the Chief Parliamentary Counsel 130 Transitional provisions with respect to minimum training—services other than school holidays care services (1) Regulation 60 as amended by regulation 46 of the amending regulations does not apply in respect of a staff member of a children's service (other than a school holidays care service) who— (a) on 25 May 2009 was a staff member of a children's service (other than a family day care service or an outside school hours care service) and had been employed— (i) full-time and continuously as a staff member at a licensed children's service for a period of at least 5 years immediately preceding that day; or (ii) at least part-time and continuously as a staff member at a licensed children's service for a period of at least 10 years immediately preceding that day; and (b) before the commencement day completed a professional development course approved by the Secretary under regulation 125, as in force immediately before the commencement day. (2) Subject to subregulation (3), regulation 60 as amended by regulation 46 of the amending regulations does not apply until 1 January 2014 in respect of an existing licensed children's service if— (a) immediately before 25 May 2009 the service was a licensed children's service; or r. 90 -- 42 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 38 Authorised by the Chief Parliamentary Counsel (b) a licence was issued on or after 25 May 2009 for the service to a person who, immediately before that day— (i) had made an application for approval in principle; or (ii) was granted an approval in principle but had not made an application for a licence to operate the children's service; or (iii) had made an application for a licence to operate a children's service, but that application had not been decided. (3) The proprietor of a children's service referred to in subregulation (2) that is a limited hours Type 1 service must ensure that all staff members other than a staff member referred to in subregulation (1) hold a Certificate III in Children's Services. (4) In subregulation (2), existing licensed children's service includes a children's service that— (a) immediately before the commencement day, was a licensed children's service; and (b) on the commencement day is included in a service approval as an associated children's service under section 19(2) of the Education and Care Services National Law Act 2010. r. 90 -- 43 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 39 Authorised by the Chief Parliamentary Counsel 131 Transitional provisions with respect to minimum training—school holidays care services (1) Regulation 60 as amended by regulation 46 of the amending regulations does not apply in respect of a staff member of a school holidays care service who— (a) on 25 May 2009 was a staff member of a children's service (other than a family day care service) and had been employed— (i) full-time and continuously as a staff member at a licensed children's service or an outside school hours care service for a period of at least 5 years immediately preceding that day; or (ii) at least part-time and continuously as a staff member at a licensed children's service or an outside school hours care service for a period of at least 10 years immediately preceding that day; and (b) before the commencement day completed a professional development course approved by the Secretary under regulation 125, as in force immediately before the commencement day. r. 90 -- 44 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 40 Authorised by the Chief Parliamentary Counsel (2) Regulation 60 as amended by regulation 46 of the amending regulations does not apply until 1 January 2014 in respect of any other staff member of a school holidays care service. __________________". 91 Referee statement In clause 5(f)(iii) of Schedule 1 to the Principal Regulations, for "licensee" substitute "licensee or approved provider". 92 Proposed accepted nominee declaration In clause 6(b) of Schedule 1 to the Principal Regulations, for "section 18(b)(iii)" substitute "section 18(1)(b)(iii)(A)". 93 School holidays care services (1) For the heading to clause 8 of Schedule 1 to the Principal Regulations substitute— "School holidays care services". (2) In clause 8 of Schedule 1 to the Principal Regulations, for "an outside school hours care service" (wherever occurring) substitute "a school holidays care service". (3) In clause 8(e) of Schedule 1 to the Principal Regulations, for "service." substitute "service;". (4) After clause 8(e) of Schedule 1 to the Principal Regulations insert— "(f) the proposed hours and days of operation of the service.". r. 91 -- 45 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 41 Authorised by the Chief Parliamentary Counsel 94 Additional information for school holidays care services at locations other than registered schools (1) In the heading to clause 9 of Schedule 1 to the Principal Regulations, for "outside school hours care" substitute "school holidays care". (2) In clause 9 of Schedule 1 to the Principal Regulations for "outside school hours care service" substitute "school holidays care service". 95 Additional information for school holidays care services in registered schools (1) In the heading to clause 10 of Schedule 1 to the Principal Regulations, for "outside school hours care" substitute "school holidays care". (2) In clause 10 of Schedule 1 to the Principal Regulations for "outside school hours care service" substitute "school holidays care service". 96 Integrated services In clause 13(1)(b) of Schedule 1 of the Principal Regulations, for "an outside school hours care service" substitute "a school holidays care service". 97 New clause 13A inserted After clause 13 of Schedule 1 to the Principal Regulations insert— "13A Additional information—education and care service on same premises If an education and care service operates or is to operate at the premises or proposed premises, the following information is required in addition to the information required under clauses 7, 8, 11, 12 and 13— (a) if the education and care service has been granted a service approval, the service approval number; r. 94 -- 46 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 42 Authorised by the Chief Parliamentary Counsel (b) if the education and care service does not have a service approval, whether an application has been made for a service approval.". 98 Applications for approval of alterations or extensions to premises (1) For the heading to clause 14 of Schedule 1 to the Principal Regulations substitute— "Applications for approval of alterations or extensions to premises". (2) In clause 14 of Schedule 1 to the Principal Regulations omit ", other than a family day care service". (3) In clause 14(g) of Schedule 1 to the Principal Regulations— (a) in subparagraph (ii)(C), for "an outside school hours care service" substitute "a school holidays care service"; (b) in subparagraph (iii), for "outside school hours care services" substitute "school holidays care services"; (c) in subparagraph (iv), for "an outside school hours care service" substitute "a school holidays care service". (4) At the end of clause 14 of Schedule 1 to the Principal Regulations insert— "(2) If an education and care service operates or is to operate at the premises, the following information is required in addition to the information required under subclause (1)— (a) if the education and care service has been granted a service approval, the service approval number; r. 98 -- 47 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 43 Authorised by the Chief Parliamentary Counsel (b) if the education and care service does not have a service approval, whether an application has been made for a service approval.". 99 Children's services other than integrated services (1) In the heading to clause 15 of Schedule 1 to the Principal Regulations omit "or family day care services". (2) In clause 15 of Schedule 1 to the Principal Regulations omit "or a family day care service". (3) After clause 15(b) of Schedule 1 to the Principal Regulations insert— "(ba) if the applicant is an approved provider, the applicant's provider approval number;". (4) For clause 15(l)(iii) of Schedule 1 to the Principal Regulations substitute— "(iii) in respect of each nominee (other than a proposed accepted nominee) about whom a declaration is made under section 18(1)(b)(iii)(A) of the Act— (A) a declaration that the nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (B) evidence that the nominee is a person with management or control of an education and care service operated by an approved provider; or (C) the information and documents required in Part 11 to demonstrate that the nominee is a fit and proper person;". r. 99 -- 48 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 44 Authorised by the Chief Parliamentary Counsel (5) After clause 15(m)(i) of Schedule 1 to the Principal Regulations insert— "(ia) evidence that the applicant is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or". (6) After clause 15(n)(i) of Schedule 1 to the Principal Regulations insert— "(ia) evidence that the director or other officer is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or". (7) For the note at the foot of clause 15 of Schedule 1 to the Principal Regulations substitute— "Note Section 18(1)(b) of the Act requires that an application must be accompanied by the following— • the name and address of any person nominated by the applicant to manage or control the children's service in the absence of the licensee; • either a declaration by the applicant that the person nominated (proposed nominee) is a fit and proper person to manage or control a children's service or evidence that the person nominated is an approved provider or a certified supervisor; • if more than one person is nominated, the name of the person who is to have primary responsibility for the management or control of the service in the absence of the licensee; • if the applicant is a body corporate, the name and address of any director or officer of the body corporate who may exercise control over the operation of the children's service; r. 99 -- 49 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 45 Authorised by the Chief Parliamentary Counsel • if the applicant is a body corporate, the name and address of the person appointed to represent the licensee in relation to the application and the operation of the children's service. Section 18(2) of the Act requires that an application must be accompanied by the written consent of each proposed nominee and proposed primary nominee.". 100 Integrated services (1) After clause 16(b) of Schedule 1 to the Principal Regulations insert— "(ba) if the applicant is an approved provider, the applicant's provider approval number;". (2) For clause 16(k)(iii) of Schedule 1 to the Principal Regulations substitute— "(iii) in respect of each nominee (other than a proposed accepted nominee) about whom a declaration is made under section 18(1)(b)(iii)(A) of the Act— (A) a declaration that the nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (B) evidence that the nominee is a person with management or control of an education and care service operated by an approved provider; or (C) the information and documents required in Part 11 to demonstrate that the nominee is a fit and proper person;". (3) After clause 16(l)(i) of Schedule 1 to the Principal Regulations insert— "(ia) evidence that the applicant is an approved provider, a certified supervisor or a person with management or control of an education r. 100 -- 50 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 46 Authorised by the Chief Parliamentary Counsel and care service operated by an approved provider; or". (4) After clause 16(m)(i) of Schedule 1 to the Principal Regulations insert— "(ia) evidence that the director or other officer is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or". (5) For the note at the foot of clause 16 of Schedule 1 to the Principal Regulations substitute— "Note Section 18(1)(b) of the Act requires that an application must be accompanied by the following— • the name and address of any person nominated by the applicant to manage or control the children's service in the absence of the licensee; • either a declaration by the applicant that the person nominated (proposed nominee) is a fit and proper person to manage or control a children's service or evidence that the person nominated is an approved provider or a certified supervisor; • if more than one person is nominated, the name of the person who is to have primary responsibility for the management or control of the service in the absence of the licensee; • if the applicant is a body corporate, the name and address of any director or officer of the body corporate who may exercise control over the operation of the children's service; • if the applicant is a body corporate, the name and address of the person appointed to represent the licensee in relation to the application and the operation of the children's service. Section 18(2) of the Act requires that an application must be accompanied by the written consent of each proposed nominee and proposed primary nominee.". r. 100 -- 51 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 47 Authorised by the Chief Parliamentary Counsel 101 Clause 17 of Schedule 1 revoked Clause 17 of Schedule 1 to the Principal Regulations is revoked. 102 Application for approval of new nominees (1) For clause 18(f)(iii) of Schedule 1 to the Principal Regulations substitute— "(iii) unless the proposed new nominee is a proposed accepted nominee— (A) a declaration that the proposed new nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (B) evidence that the proposed new nominee is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or (C) the information and documents required in Part 11 to demonstrate that the proposed new nominee is a fit and proper person;". (2) At the end of clause 18 of Schedule 1 to the Principal Regulations insert— "(2) An application for approval of a new nominee must also include the proposed new nominee's written consent to the nomination.". 103 Part 5 of Schedule 1 revoked Part 5 of Schedule 1 to the Principal Regulations is revoked. r. 101 -- 52 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 48 Authorised by the Chief Parliamentary Counsel 104 Heading to Division 1 of Part 6 revoked The heading to Division 1 of Part 6 of Schedule 1 to the Principal Regulations is revoked. 105 Renewal of licences (1) For the heading to clause 20 of Schedule 1 to the Principal Regulations substitute— "Renewal of licences". (2) In clause 20 of Schedule 1 to the Principal Regulations omit ", other than a family day care service". (3) In clause 20(j) of Schedule 1 to the Principal Regulations— (a) for "subparagraph (i), (ii) or (iii)" substitute "subparagraph (i), (ii), (iia) or (iii)"; (b) subparagraph (ii)(B) is revoked; (c) after subparagraph (ii) insert— "(iia) evidence that the applicant is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or". (4) In clause 20(k) of Schedule 1 to the Principal Regulations— (a) for "subparagraph (i), (ii) or (iii)" substitute "subparagraph (i), (ii), (iia) or (iii)"; (b) subparagraph (ii)(B) is revoked; (c) after subparagraph (ii) insert— "(iia) evidence that the director or officer is an approved provider, a certified supervisor or a person with management or control of an education r. 104 -- 53 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 49 Authorised by the Chief Parliamentary Counsel and care service operated by an approved provider; or". (5) In clause 20(l) of Schedule 1 to the Principal Regulations— (a) for "subparagraph (i), (ii) or (iii)" substitute "subparagraph (i), (ii), (iia) or (iii)"; (b) subparagraph (ii)(B) is revoked; (c) after subparagraph (ii) insert— "(iia) evidence that the nominee is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or". (6) At the end of clause 20 of Schedule 1 to the Principal Regulations insert— "(2) If an education and care service operates or is to operate at the premises of the children's service, the following information is required in addition to the information required under subclause (1)— (a) if the education and care service has been granted a service approval, the service approval number; (b) if the education and care service does not have a service approval, whether an application has been made for a service approval.". 106 Division 2 of Part 6 of Schedule 1 revoked Division 2 of Part 6 of Schedule 1 to the Principal Regulations is revoked. r. 106 -- 54 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 50 Authorised by the Chief Parliamentary Counsel 107 Application to vary or revoke a condition or impose a new condition on a licence At the end of clause 22 of Schedule 1 to the Principal Regulations insert— "(2) If an education and care service operates or is to operate at the premises of the children's service, the following information is required in addition to the information required under subclause (1)— (a) if the education and care service has been granted a service approval, the service approval number; (b) if the education and care service does not have a service approval, whether an application has been made for a service approval.". 108 Application to vary period of licence (1) In clause 23(h) of Schedule 1 to the Principal Regulations— (a) for "subparagraph (i), (ii) or (iii)" substitute "subparagraph (i), (ii), (iia) or (iii)"; (b) subparagraph (ii)(B) is revoked; (c) after subparagraph (ii) insert— "(iia) evidence that the applicant is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or". r. 107 -- 55 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 51 Authorised by the Chief Parliamentary Counsel (2) In clause 23(i) of Schedule 1 to the Principal Regulations— (a) for "subparagraph (i), (ii) or (iii)" substitute "subparagraph (i), (ii), (iia) or (iii)"; (b) subparagraph (ii)(B) is revoked; (c) after subparagraph (ii) insert— "(iia) evidence that the director or officer is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or". (3) In clause 23(j) of Schedule 1 to the Principal Regulations— (a) for "subparagraph (i), (ii) or (iii)" substitute "subparagraph (i), (ii), (iia) or (iii)"; (b) subparagraph (ii)(B) is revoked; (c) after subparagraph (ii) insert— "(iia) evidence that the nominee is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or". 109 Part 10 of Schedule 1 revoked Part 10 of Schedule 1 to the Principal Regulations is revoked. r. 109 -- 56 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 52 Authorised by the Chief Parliamentary Counsel 110 New Parts 12 to 14 of Schedule 1 inserted After Part 11 of Schedule 1 to the Principal Regulations insert— "PART 12—APPLICATION FOR APPROVAL OF NEW NOMINEES FOR APPROVED ASSOCIATED CHILDREN'S SERVICES 32 Application for approval of new nominees and primary nominees (1) The following information is required for an application for approval of a new nominee or primary nominee for an approved associated children's service— (a) the number of the service approval including the approved associated children's service; (b) the full name and postal address of the approved provider, and the provider approval number; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address; (e) the following information regarding each proposed new nominee or primary nominee— (i) full name, former name (if any), date of birth and postal address; r. 110 -- 57 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 53 Authorised by the Chief Parliamentary Counsel (ii) an identity statement; (iii) either— (A) a declaration that the proposed nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or (B) evidence that the proposed nominee is an approved provider, a certified supervisor or a person with management or control of an education and care service operated by an approved provider; or (C) the information and documents required in Part 11 to demonstrate that the proposed nominee is a fit and proper person; (iv) a declaration by the applicant that the person nominated is a fit and proper person to manage or control a children's service; (v) a statement indicating whether the proposed nominee is to have primary responsibility for the management or control of the service in the absence of the approved provider. (2) An application for approval of a new nominee must also include the proposed new nominee's written consent to the nomination. __________________ r. 110 -- 58 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 54 Authorised by the Chief Parliamentary Counsel PART 13—APPLICATION FOR VOLUNTARY SUSPENSION OF SERVICE APPROVAL FOR APPROVED ASSOCIATED CHILDREN'S SERVICE 33 Application for voluntary suspension of service approval for approved associated children's service The following information is required for an application for the voluntary suspension of a service approval to the extent that it relates to an approved associated children's service— (a) the number of the service approval including the approved associated children's service; (b) the full name and postal address of the approved provider, and the provider approval number; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address; (e) the period of suspension sought, including the proposed starting and ending dates of the suspension period; r. 110 -- 59 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 55 Authorised by the Chief Parliamentary Counsel (f) one of the following declarations and, if applicable, any evidence supporting that declaration— (i) that the approved associated children's service is located in a rural or remote area and the number of children enrolled at the service is such that it would not be viable to operate the service during the proposed period of suspension; or (ii) that the premises at which the service operates will be undergoing building works or renovations during the proposed period of suspension; (g) a statement that the approved provider intends to resume the operation of the children's service at the end of the period of suspension; (h) a statement indicating whether the services offered by the approved associated children's service will be different on resumption of the operation; (i) a statement indicating the process the approved provider proposes to undertake to notify the parents or guardians of children who are cared for or educated by the approved associated children's service of the suspension of the service approval. __________________ r. 110 -- 60 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 56 Authorised by the Chief Parliamentary Counsel PART 14—APPLICATION FOR CANCELLATION OF SERVICE APPROVAL FOR APPROVED ASSOCIATED CHILDREN'S SERVICES 34 Application for cancellation of service approval for approved associated children's service at request of approved provider The following information is required for a request by an approved provider to cancel a service approval to the extent that it relates to an approved associated children's service— (a) the number of the service approval including the approved associated children's service; (b) the full name and postal address of the approved provider, and the provider approval number; (c) the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the application; (d) the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address; (e) the date on which the applicant requests the cancellation of the service approval to become effective; (f) a statement indicating the reasons for requesting a cancellation of the service approval and, if applicable, any evidence supporting those reasons; r. 110 -- 61 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 57 Authorised by the Chief Parliamentary Counsel (g) a statement indicating the process the approved provider proposes to undertake to notify the parents or guardians of children who are cared for or educated by the approved associated children's service of the application to cancel the service approval. __________________". 111 Fees for applications for approval of premises proposed to be used or constructed for use in operating a children's service (1) In heading 1 in Schedule 2 to the Principal Regulations omit ", other than a family day care service". (2) For the second table under heading 1 in Schedule 2 to the Principal Regulations substitute— " No. of Places Limited Hours (Types 1 and 2) Fee Short Term (Types 1 and 2) Fee Up to and including 15 places 15·0 fee units 8·0 fee units 16 to 30 places 15·0 fee units 8·0 fee units 31 to 60 places 15·0 fee units 8·0 fee units 61 to 120 places 15·0 fee units 8·0 fee units 121 or more places 15·0 fee units 8·0 fee units ". (3) In the fourth table under heading 1 in Schedule 2 to the Principal Regulations, for "Outside School Hours Care Service (Type 2)" substitute "School Holidays Care Service". r. 111 -- 62 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 58 Authorised by the Chief Parliamentary Counsel 112 Fees for applications for approval of alterations or extensions to premises (1) For heading 2 in Schedule 2 to the Principal Regulations substitute— "Fees for applications for approval of alterations or extensions to premises". (2) For the second table under heading 2 in Schedule 2 to the Principal Regulations substitute— " No. of Places Limited Hours (Types 1 and 2) Fee Short Term (Types 1 and 2) Fee Up to and including 15 places 5·0 fee units 5·0 fee units 16 to 30 places 5·0 fee units 5·0 fee units 31 to 60 places 11·0 fee units 5·0 fee units 61 to 120 places 14·0 fee units 7·0 fee units 121 or more places 14·0 fee units 7·0 fee units ". (3) In the fourth table under heading 2 in Schedule 2 to the Principal Regulations, for "Outside School Hours Care Service (Type 2)" substitute "School Holidays Care Service". 113 Fees for applications for licence to operate a children's service (1) For heading 3 in Schedule 2 to the Principal Regulations substitute— "Fees for applications for licence to operate a children's service". (2) The third table under heading 3 in Schedule 2 to the Principal Regulations is revoked. r. 112 -- 63 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 59 Authorised by the Chief Parliamentary Counsel (3) In the fourth table under heading 3 in Schedule 2 to the Principal Regulations, for "Outside School Hours Care Licence (Type 2)" substitute "School Holidays Care Licence". 114 Heading 4 and table under heading 4 revoked In Schedule 2 to the Principal Regulations, heading 4 and the table under heading 4 are revoked. 115 Fees for applications for renewal of licence to operate a children's service (1) The third and sixth tables under heading 5 in Schedule 2 to the Principal Regulations are revoked. (2) In the fourth table under heading 5 in Schedule 2 to the Principal Regulations, for "Outside School Hours Care Licence (Type 2)" substitute "School Holidays Care Licence". 116 Fees for late application for renewal of licence to operate children's service (1) For the second table under heading 6 in Schedule 2 to the Principal Regulations substitute— " No. of Places Limited Hours Licence (Types 1 and 2) Fee Up to and including 15 places 5·0 fee units 16 to 30 places 5·0 fee units 31 to 60 places 5·0 fee units 61 to 120 places 8·0 fee units 121 or more places 10·0 fee units ". r. 114 -- 64 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 60 Authorised by the Chief Parliamentary Counsel (2) In the third table under heading 6 in Schedule 2 to the Principal Regulations, for "Outside School Hours Care Licence (Type 2)" substitute "School Holidays Care Licence". (3) The fifth table under heading 6 in Schedule 2 to the Principal Regulations is revoked. 117 Fees for applications to vary or revoke a condition or restriction or to impose a condition or restriction on a licence (1) For the second table under heading 7 in Schedule 2 to the Principal Regulations substitute— " No. of Places Limited Hours Licence (Types 1 and 2) Fee Up to and including 15 places Nil 16 to 30 places 5·0 fee units 31 to 60 places 5·0 fee units 61 to 120 places 5·0 fee units 121 or more places 5·0 fee units ". (2) In the fourth table under heading 7 in Schedule 2 to the Principal Regulations, for "Outside School Hours Care Licence (Type 2)" substitute "School Holidays Care Licence". (3) The fifth table under heading 7 in Schedule 2 to the Principal Regulations is revoked. 118 Fees for application to vary period of a licence (1) The third and sixth tables under heading 8 in Schedule 2 to the Principal Regulations are revoked. r. 117 -- 65 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 61 Authorised by the Chief Parliamentary Counsel (2) In the fourth table under heading 8 in Schedule 2 to the Principal Regulations, for "Outside School Hours Care Licence (Type 2)" substitute "School Holidays Care Licence". 119 Prescribed matters (1) For clause 1(a) of Schedule 3 to the Principal Regulations substitute— "(a) the procedures for the training of staff, to comply with, at a minimum, regulation 63; and". (2) For clause 1(b) of Schedule 3 to the Principal Regulations substitute— "(b) the practices and procedures to ensure compliance with regulations 34(b), 34(f), 38(2)(d), 38(2)(e), 40(1)(k), 43, 65, 67, 74(4)(d) and 83(3); and". 120 Risk minimisation plan (1) In clause 3(e) of Schedule 3 to the Principal Regulations, for "visiting early childhood intervention staff member" substitute "early childhood intervention worker". (2) In clause 3(f) of Schedule 3 to the Principal Regulations, for "visiting early childhood intervention staff member, volunteer, and family day carer" substitute "early childhood intervention worker and volunteer". (3) In clause 3(g) of Schedule 3 to the Principal Regulations omit "or family day care residence or venue". r. 119 -- 66 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 62 Authorised by the Chief Parliamentary Counsel 121 Communication plan (1) In clause 4(a) of Schedule 3 to the Principal Regulations, for "visiting early childhood intervention staff members, volunteers, family day carers," substitute "early childhood intervention workers, volunteers,". (2) In clause 4(b) of Schedule 3 to the Principal Regulations omit "and, in the case of a family day care service, with the family day carer caring for or educating the child,". (3) In clause 4(c) of Schedule 3 to the Principal Regulations for "visiting early childhood intervention staff members and volunteers, and, in the case of a family day care service, the family day carer," substitute "early childhood intervention workers and volunteers". 122 Schedule 4 revoked Schedule 4 to the Principal Regulations is revoked. ═══════════════ r. 121 -- 67 of 68 -- S.R. No. 162/2011 Children's Services Amendment Regulations 2011 63 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 53/2009. Subsequently amended by S.R. No. 96/2010. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2011 is $12.22. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2011 is $122.14. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 68 of 68 --